Code 1940, Title 2, Ch. 1, Art. 1-Department of Agriculture and Industries. Sec. 1. Definitions. For the purpose of this title [Secs. 1-677] the word "person" means an individual, a partnership, a corporation, or two or more individuals having a joint or common interest. The word "sell" or "sold" shall imply the sale, keeping for sale, offer or exposure for sale, having in possession for sale, delivery, or distribution in this state, of the product or article. in question. The word "commissioner" shall mean, unless otherwise indicated by the context, the com Code 1940, Title 14, Ch. 45, Art. 1-Frauds False advertising; penalty Weights; coal Sec. 211 225 missioner of agriculture and industries; [1923.] Sec. 3. Prima facie evidence of possession with inte The having in possession of any article, su material or product, the sale of which is r under the provisions of this chapter [Secs. by any person who manufactures, sells, k sale, offers, or exposes for sale, serves, distri delivers the same, shall be prima facie evic having in possession with intent to sell; exc this or any of the penalties set forth in this shall not apply to any common carrier wh article, substance, materials, or products were received by said carrier for transportation in the ordinary course of business, and without actual knowledge of the adulteration, misbranding, under standard grade, weight, or measure claimed. [1923] Sec. 4. Rules and regulations; enforcement; notice. The commissioner of the department of agriculture and industries is charged with the execution and enforcement of the laws and provisions contained in this chapter [Secs. 1-633] and he is authorized and empowered, with the approval of the state board of agriculture and industries, to promulgate such rules and regulations as are reasonable and necessary to accomplish the evident purpose and intent of the law. The commissioner shall give notice of all rules and regulations promulgated as herein provided to all parties in interest, and to all parties who are likely to be interested in the same, within thirty days after the promulgation thereof, and such rules and regulations shall not become effective until the expiration of said thirty day period. [1923; last amended 1927.] Sec. 5. Evidence of rules, regulations, and notices. The rules, regulations or notices purporting to be published by authority of the state board of agriculture and industries in book or pamphlet form, and typed or printed copies of all acts, rules, regulations or notices certified to by the commissioner or the board, shall be received as evidence of the passage or issuance and legal publication of such rules, regulations or notices as of the date mentioned or provided for therein, in all courts and places without further proof. [1923; last amended 1927.] Sec. 11. Hindering or obstructing commissioner. Any person who shall hinder or obstruct any authorized agent of the commissioner by refusing to allow entrance at any reasonable time into any place of business for the purpose of carrying out the provisions of this chapter [Secs. 1-633], or by refusing to deliver samples as herein provided, when same are requested and value tendered, is hereby declared to be guilty of a misdemeanor. [1923] Sec. 12. Penalties. Any person violating any provisions of this chapter [Secs. 1-633], or the rules and regulations issued thereunder, shall be guilty of a misdemeanor and, upon conviction, unless otherwise provided in this chapter, shall be fined not more than five hundred dollars, and may also be sentenced to hard labor for not more than six months. [1923; last amended 1927.] Code 1940, Constitution of 1901, Art. 4-Constitutional Restriction. Sec. 77. Restriction on weights and measures enforcement. No state office shall be continued or created for the inspection or measuring of any merchandise, manu facture, or commodity, but any county or municipality may appoint such officers when authorized by law. [1901] Code 1940, Title 2, Ch. 1, Art. 36-Weights and Measures. Sec. 587. State standards. There is but one unit or standard measure of length and surface, one of weight, one of capacity for liquid substances, and one of capacity for dry substances, throughout this state, which must be in conformity with the standard measure of length, surface, weight and capacity established by congress. Any firm, association, corporation or person, selling, offering or exposing for sale any commodity by weight or measure which does not correspond with such standard or measure is guilty of a misdemeanor. [1852; last amended 1927.] Sec. 588. Construction of contracts. All contracts made within this state for any work to be done, or for anything to be sold or delivered, must be construed to have been according to the standard of weight and measure thus ascertained, unless the parties stipulate to the contrary. [1852; last amended 1927.] Sec. 589. Standards of weights and measures. The standards of weights and measures received from the United States under a resolution of congress approved June 14, 1836 and such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto or renewal thereof, and such as shall be procured by the state in conformity therewith and certified by the national bureau of standards, shall be the state standards by which all state, county and municipal standards of weights and measures shall be tried, proved, and sealed. [1923; last amended 1927.] Sec. 590. Custody of standards. The state standards shall be kept by the commissioner of agriculture and industries in a safe and suitable place in his office from which they shall not be removed except for repairs or certification. He shall maintain such standards in good order and shall submit them at least once in ten years to the national bureau of standards for certification. He shall replace such standards as are incorrect and purchase such additional standards as shall be necessary to complete and make up a complete standard of weights and measures. He shall also purchase such apparatus as shall be found necessary to a proper prosecution of the work of the office, to be known as working standards. He shall compare such working standards with the state standards at such times as he shall deem necessary to prove the accuracy of the working standards. He shall keep a record of all standards and other apparatus belonging to the state for the purposes of this article [Secs. 587-633] and Code 1940, Title 2, Ch. 1, Art. 36-Weights and Measures-Continued. take a receipt for same from his successor in office. [1923; last amended 1927.] Sec. 591. Duties of commissioner. The commissioner shall, at least once in five years, try, and prove, by the state standards, all weights, measures and other apparatus which may belong to any county or city, and shall seal such, when found to be accurate, stamping on them the letter "A" and the last two figures of the year with seals which he shall have and keep for that purpose. He shall have and keep a general supervision of the weights, measures, and weighing and measuring devices offered for sale, sold, or in use, in the state. He shall, upon the written request of any citizen, firm, corporation, or educational institution in the state, test or calibrate weights, measures, weighing or measuring devices and instruments or apparatus used as standards in this state. He shall at least once annually test all scales, weights, and measures used in checking the receipts and disbursements of supplies in every institution for the maintenance of which moneys are appropriated by the legislature, and he shall report in writing his findings through the supervisory board and to the executive officer of the institution concerned; and, at the request of such board or executive officer, the commissioner shall appoint in writing one or more employees then in the actual service of each institution, who shall act as special deputy or deputies, without extra compensation, for the purpose of checking the receipts and disbursements of supplies. He shall include a report1 of the work done by his office in his general report to the state board of agriculture and industries. The commissioner shall inspect all standards and apparatus used by the counties and cities at least once in five years and shall keep a record of same. He shall at least once in five years visit the various cities and counties of the state in order to inspect the work of the local sealers. The commissioner shall issue from time to time regulations for guidance for city and county sealers, and the said regulations shall govern the procedure to be followed by the aforesaid officers in the discharge of their duties. [1923; last amended 1927.] 1 See Sec. 19, Ti. 2, annual report of commissioner to governor. Sec. 592. Local sealers: Appointment; custody of standards. The board of revenue, court of county commissioners, or like governing body of each county, and the mayor, or other governing body of any city, may appoint for their respective county or city, one or more sealers of weights and measures; provided, however, that two or more counties may appoint jointly for their counties a sealer, subject to the approval of the commissioner; and, provided, further, that any county and any city within the county may jointly appoint a sealer of weights and measures, subject to the approval of the commissioner. No person shall be appointed as local sealer of weights and measures until he has received a certificate from the commissioner showing that such person had the qualifications required by the state board of agriculture and industries. All such counties or cities appointing a sealer of weights and measures shall keep, at all times, at the expense of the county or city, or both, such standards and apparatus of such material and construction as the commissioner may direct. All such standards and apparatus having been tried and accurately proven shall be sealed and certified to by the commissioner as hereinbefore provided, and shall be then preserved by the county or city sealer as public standards for such county or city. [1923; last amended 1927.] Sec. 593. Same: Terms; salaries; removal; bonds. Sealers appointed under the preceding section shall hold office for such terms, and shall receive such salaries, as the appointing power may prescribe. The salary herein provided for shall be paid out of the county or city treasury, as the case may be, and no fee shall be charged by the local sealer or by the county or city, for inspecting, testing or sealing of weights, measures, or weighing or measuring devices. Sealers appointed under this section may be removed at any time, by the authority which appointed them, for non-feasance, misfeasance, or malfeasance in office. The local sealer shall forthwith on his appointment give a bond in such penal sum with such surety as is approved by the appointing power for the faithful performance of the duties of his office. [1923; last amended 1927.] Sec. 594. Same: Records; reports. The local sealer of weights and measures shall keep a complete record of all of his official acts and shall make annual report duly sworn to on the first day of October to the commissioner of agriculture and industries on blanks to be furnished by the commissioner, which report shall be included in the commissioner's general report to the state board of agriculture and industries. The local sealers shall make such reports to the appointing power as may be designated by the appointing power. [1923; last amended 1927.] Sec. 595. Same: Powers and duties. When not otherwise provided by law, the commissioner of agriculture and industries within the state, the county sealer within the county and the city sealer within the city shall have the power, and it shall be his duty to inspect, test, try, and ascertain if they are correct, all weights, measures, and weighing or measuring devices kept, offered, or exposed for sale, sold, or used or employed in proving the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption purchased or offered or submitted for sale, hire, or reward, or in computing any charge for services rendered on the basis of weight or measure, or in determining weight or measure when a charge is made for such determination; and he shall have the power to and shall from time to time weigh or measure and inspect packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered or exposed for sale, or sold, or in the process of delivery, in order to determine whether the same contain the amount represented, and whether they be offered for sale or sold in a manner in accordance with the law. He shall at least once each year and as much oftener as he may deem necessary see that all weights, measures, and weighing or measuring devices used are correct. He may for the purpose above mentioned, and in the general performance of his official duties at any reasonable time, enter and go into or upon, and without formal warrant, any stand, place, building, or premises, or stop any vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any person whatsoever, and require him, if necessary, to proceed to some place which the sealer may specify for the purpose of making the proper test. Whenever the commissioner or a local sealer finds a violation of the statutes relating to weights and measures, he shall cause the violator to be prosecuted. [1923; last amended 1927.] Sec. 596. Sealing of weight and measures. Whenever the commissioner or a sealer compares weights, measures, or weighing or measuring devices and finds that they correspond, or causes them to correspond with the standards in his possession, he shall seal or mark such weight, measure, or weighing or measuring device with appropriate devices to be approved by the commissioner. [1923] Sec. 597. Condemnation of weights and measures. The commissioner or a local sealer shall condemn, seize and may destroy weights, measures, or weighing or measuring devices which are false or fraudulent, or can not be made to conform to the legal standards. He shall condemn and shall mark or tag as "condemned for repairs" such weights, measures, or weighing or measuring devices which are found incorrect and yet, in his best judgment, may be repaired. The owners or users of any weights, measures, or weighing or measuring devices which have been condemned for repairs shall have the same repaired and corrected within ten days, and they may neither use nor dispose of the same in any way, but shall hold the same at the disposal of the commissioner or sealer. Any weights, measures, or weighing or measuring devices which have been condemned for repairs and have not been repaired as required above, shall be confiscated by the commissioner or sealer. [1927] Sec. 598. Seizure of weights and measures. The commissioner or any local sealer of weights and measures is hereby authorized and empowered to seize for use as evidence, without formal warrant, any incorrect, false or unsealed weight, measure, or weighing or measuring device or package or amount 888243-51-4 of commodity found to be used, retained, or offered or exposed for sale or sold in violation of the law. [1923; last amended 1927.] Sec. 599. Police powers. There is hereby conferred upon the commissioner and local sealers the same powers in their respective jurisdictions as are possessed by sheriffs of this state for the purpose of carrying out the provisions of this article [Secs. 587-633] only, and in the exercise of their duties they shall upon demand, exhibit their badges to any person questioning their authority, and they are authorized and empowered to make arrests of any person violating any provision of this article. [1927] Sec. 600. Definitions. The words "weights, measures, or weighing or measuring devices," as used in this article [Secs. 587633] shall be construed to include all weights, scales, beams, measures of every kind, instruments and mechanical devices for weighing or measuring, and any appliances and accessories connected with any or all such instruments. The words "sell" or "sale" as used in this article shall be construed to include barter and exchange. [1927] Sec. 601. Offenses. Any person who, by himself or his servant or agent, or as the servant or agent of another person, shall offer or expose for sale, sell, use in the buying or selling of any commodity or thing or for hire or reward, or in the computation of any charge for services rendered on the basis of weight or measure when a charge is made for such determination, or retain in his possession a false weight or measure or weighing or measuring device or any tool or appliance used in connection therewith which has not been sealed by the commissioner or by a sealer of weights and measures within one year, or shall dispose of any condemned weight, measure, or weighing or measuring device contrary to law or remove any tag placed thereon by the commissioner or a sealer of weights and measures; or who shall sell or offer or expose for sale less than the quantity he represents of any commodity, thing or service, or shall take or attempt to take more than the quantity he represents, when, as the buyer, he furnishes the weight, measure or weighing or measuring device by means of which the amount of any commodity, thing or service is determined; or who shall keep for the purpose of sale, offer, or expose for sale, or sell any commodity in a manner contrary to law; or who shall violate any provision of this article [Secs. 587633] for which a specific penalty has not been provided; or who shall sell, or offer or expose for sale, or use or have in his possession for the purpose of using or selling any device or instrument to be used to or calculated to falsify any weight or measure, shall be guilty of a misdemeanor. [1923; last amended 1927.] Code 1940, Title 2, Ch. 1, Art. 36-Weights and Measures-Continued. Sec. 602. Evidence. In all prosecutions for the violation of any laws. relating to weights and measures, the possession of a weight or measure or weighing or measuring device, which has been altered, changed, or in any manner tampered with so that the same shall give a false or wrong weight or measure in either buying or selling any commodity, thing or service, shall be prima facie evidence of the guilt of the person having the same in possession. [1927] Sec. 603. Misdemeanor to give short weight or measure. Whoever, in buying or selling any property, or directing or permitting any employee or agent so to do, makes or gives a false or short weight or measure, or whoever has charge of scales fixed for the purpose of misweighing an article bought or sold, or, having scales for the purpose of weighing property, reports a false or untrue weight; or whoever uses in the sale of a commodity, a computing scale or device indicating the weight and price of such commodity upon which scale or device the graduation or indication is false, or inaccurately placed, either as to weight or price, shall be guilty of a misdemeanor. [1927] [ED. NOTE. In the Code of Alabama 1940, following the foregoing section, it is stated: "This section does not conflict with nor repeal Tit. 14, Sec. 225 and hence a sale of coal is governed by the latter statute. Woodard v. State, 30 Ala. App. 144, 2 So. (2d) 330; Woodard v State, 241 Ala. 557, 3 So. (2d) 530." See page 60 for Title 14, Sec. 225.] Sec. 604. Bushel and barrel weights. Whenever any of the following commodities 1 shall be sold or delivered, and when no special written contract or agreement shall be made to the contrary, the bushel or barrel of such commodities shall be the weight per bushel or barrel named herein; and the fractional part of the bushel or barrel shall be the corresponding fractional part of the weight per bushel or barrel named herein for such commodity. All such commodities shall be bought or sold by actual weight unless otherwise agreed to in writing between the seller or buyer; provided, however, that any of such commodities may be sold by numerical count; and provided further, turnips, kale, mustard and spinach salad, and other vegetables, customarily sold by the bunch, may be sold by the bunch. Alfalfa seed Pounds per bushel 60 Pears, matured Pears, dried Apples, dried Apples, green, 22 bushels per barrel Plums Apple seed Bluegrass seed Beans, dried Popcorn, shelled Beans, green, in pod, 21⁄2 bushels per barrel Popcorn, unshelled Quinces, matured Raspberries Rape seed Rye seed Red Top Poun |