bounds of cranberries, net weight; provided, that aid net weight is plainly stamped on the top or ide of each package. [1911] jec. 140. Weighers of beef: Appointment; oath. In each town where beef cattle are sold for the purpose of marketing or barrelling, the mayor or electmen shall appoint one or more persons, conveniently situated in such town and not dealers in attle, as weighers of beef. Each such weigher shall be sworn to the faithful performance of his duties. 1815] lec. 141. Same: Fees. Fees for weighing cattle shall be paid by the 'endor and shall be twenty cents for each of the first ive cattle, fifteen cents for each of the second five, en cents each from the eleventh to the twentieth, nclusive, and five cents for each above twenty; also welve and one half cents for each certificate, which hall contain the weight of each of the cattle veighed for one person unless the vendor requests division thereof. [1915] ec. 158. Weighing of ice: Duty of dealer to furnish scales and price list of ice; penalty. A dealer in ice, who refuses or neglects to provide cales for each vehicle used by him for the retail delivery of ice, or who neglects to furnish to the ealer of weights and measures of each city or town n which he conducts business a list of the current rices of ice sold by him at retail, shall be punished by a fine of not more than fifty dollars. [1890; last mended 1926.] jec. 159. Same: Duty to post prices and sell ice by weight; penalty. Whoever having charge of the retail delivery of ce from a vehicle neglects to keep conspicuously posted upon each side of the vehicle the current etail prices of ice sold by him, or refuses or neglects o sell the same by weight, or refuses to weigh the ame upon request of the purchaser, shall be punshed by a fine of not more than fifty dollars. [1890; last amended 1926.] sec. 172. Standard barrel and hogshead. The barrel shall contain thirty-one and one-half gallons and the hogshead two barrels, except that barrels containing malt beverages shall contain hirty-one gallons and that with respect to such barrels and fractional parts thereof a variation or colerance of three per cent over and under the standard capacity shall be permitted. mended 1939.] Sec. 174. Cental. [1894; last A cental or hundredweight shall be one hundred pounds. [1880; last amended 1888.] Sec. 174A. Flour, corn meal, hominy and hominy grits: Standard weight containers; exceptions; penalty. No person shall pack for sale, sell, offer or expose for sale in this commonwealth, except in containers of net avoirdupois weights of five, ten, twenty-five, fifty and one hundred pounds, and multiples of one hundred pounds, any of the following commodities: -wheat flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meals, hominy and hominy grits; provided, that this section shall not apply to (a) the retailing of flours, meals, hominy and hominy grits direct to the consumer from bulk stock, or (b) the sale of flours and meals to commercial bakers or blenders or for export in containers of more than one hundred pounds, or (c) flours, meals, hominy and hominy grits packed in containers the net contents of which are less than three pounds, or (d) the exchange of wheat for flour by mills grinding for toll. Whoever violates any provisions of this section shall be punished by a fine of not less than twenty-five nor more than five hundred dollars. [1945; last amended 1946.] Sec. 176. Definition of weight; construction of contracts; tolerances; penalty. "Weight" in a sale of commodities by weight shall mean the net weight of all commodities so sold; and contracts concerning such sales shall be so construed; provided, that in respect to commodities not intended for food or fuel reasonable tolerances or variations shall be permitted in accordance with established trade customs. Violation hereof shall be punished by a fine of not more than one hundred dollars. [1826; last amended 1917.] Sec. 177. Penalty for giving false weight or measure or inferentially misrepresenting weight or quantity. Except as otherwise provided by section two hundred and forty-eight, whoever himself or by his servant or agent gives or attempts to give false or insufficient weight or measure, or inferentially misrepresents the weight or quantity of a commodity sold or delivered by weight or measure by stating a price without stating the weight or quantity of such commodity, such price being in fact greater than the price advertised for such commodity or mutually understood by both parties to be the price for a given weight or measure, or demands or accepts payment in excess of the regularly quoted selling price of a commodity sold or delivered by weight or measure, or takes or attempts to take more than the quantity he represents when, as the buyer, he furnishes the weights, measures or weighing or measuring device by means of which the amount of commodity is determined, shall be punished for the first offence by a fine of not more than fifty dollars, for the second offence by a fine of not more than two hundred dollars, and for a subsequent offence by a Annotated Laws (1946), Vol. III, Title XV, Ch. 94Inspection and Sale of Food, Drugs and Various Articles-Continued. fine of fifty dollars and by imprisonment for not less than one nor more than three months. [1907; last amended 1946.] 1 See page 469. Sec. 178. Rules for weighing by public weighers; penalty; public weigher defined. Each public weigher of goods or commodities shall weigh them according to section one hundred and seventy-six, and shall certify accordingly; and for each refusal or neglect he shall forfeit not more than ten dollars. Each weigher of goods appointed by a town, and each weigher for hire or reward, shall be a public weigher hereunder. [1826] Sec. 180. Certain courts to have jurisdiction over false weights and measures prosecutions. Complaints and prosecutions for violations of law relating to the use or giving of false or insufficient weight or measure may be commenced and prosecuted in a court having jurisdiction of the place to which the goods are shipped. [1914] Sec. 181. Packages containing food: Net quantity to be marked thereon; exceptions; enforcement. Subject to the variations, tolerances and exemptions provided for by the following section, no person shall himself or by his agent or servant sell or offer for sale food in package form unless the net quantity of the contents is plainly and conspicuously marked on the outside of the package in terms of weight, measure or numerical count. This section shall not apply to retail sales of food made from bulk if the quantity is weighed, measured or counted at the time of such sale by the retailer, nor to the sale of milk, cream or buttermilk in glass jars, as provided by section fifteen1 of chapter ninety-eight. The director of standards and necessaries of life shall enforce this and the three following sections. [1914; last amended 1939.] 1 See page 451. Sec. 182. Same: Tolerances and exemptions. The director of standards and necessaries of life shall adopt the variations, tolerances and exemptions established, or hereafter established, by rules and regulations provided for by section three of the act of Congress 1 with such further reasonable variations, tolerances and exemptions not covered by the rules and regulations of said section as he deems expedient. [1914; last amended 1939.] 1 The Federal food and drug act of 1906, Ch. 3915, Acts of Congress, now superseded by the Federal Food, Drug and Cosmetic Act of 1938, 21 U. S. C. 301 et seq.; 52 St. at L. 1040 et seq. Sec. 183. Same: Penalty for violating Sec. 181. Whoever violates any provision of section o hundred and eighty-one shall for the first offence 1 punished by a fine of not less than ten nor mo than fifty dollars, and for a subsequent offence by fine of not less than twenty-five nor more than o hundred dollars. [1914] Sec. 184. Same: Hearing before prosecution; guaranty p tection. Prosecutions under the preceding section shall n be commenced until the party concerned is notifi and given an opportunity to be heard before t director of standards and necessaries of life. N dealer shall be prosecuted thereunder if he esta lishes a guaranty, signed by the wholesaler, jobb manufacturer, dealer or other person residing in t United States, from whom he purchased such a cles, that they are correctly marked or labelled und section one hundred and eighty-one, designating and containing the name and address of such vend but in that case such guarantor shall be liable prosecution and to the penalties provided by secti one hundred and eighty-three. Îf section one hu dred and eighty-one has been violated and t guarantor is without the commonwealth, no acti shall be brought, but the director of standards a necessaries of life shall report the facts to the prop national authorities. [1914; last amended 1939.] Sec. 219. Weighers of grain: Appointment; oath. Mayors and selectmen shall annually appoint c or more weighers of grain, who shall be sworn to faithful performance of their duty; and if only o is appointed by them, they may authorize him appoint deputy weighers. [1655; last amend 1922.] Sec. 221. Same: Fees. The fees of weighers of grain and their deput if any are authorized, shall be prescribed by aldermen or selectmen of the several towns wh they are appointed. One half of such fee shall paid by the seller and one half by the purcha [1762-3; last amended 1922.] Sec. 222. Same: Certificate of sale by cental; penalty. If any wheat, corn, rye, oats, barley, buckwhe cracked corn, ground corn or corn meal, ground or rye meal, or feed, or any other meal, is sold by cental or hundred-weight, the weigher or his depu on request of either party to the contract, shall certain the weight thereof and shall give a certific of the number of centals or hundredweight of same; and whoever sells and delivers a quantity either of said articles exceeding one cental or h dredweight, if it has not been weighed by s weigher or his deputy, shall forfeit to the purcha ten dollars for each lot purporting to be a cental hundredweight which contains less than one h dred pounds. [1880; last amended 1922.] Sec. 224. Same: Penalty for false weights or collusion. If a weigher or deputy weigher uses, or has in his possession with intent to use, for the purposes provided in sections two hundred and nineteen to two hundred and twenty-two, inclusive, any false weight, scale, balance or other instrument for weighing, or colludes with the purchaser or seller with intent to defraud the other party, or makes and utters a false and fraudulent certificate under sections two hundred and nineteen to two hundred and twenty-two, inclusive, he may be removed from office by the aldermen or selectmen, and shall also on conviction thereof be punished by a fine of not more than five hundred dollars or by imprisonment for not more than six months. [1762-3; last amended 1922.] Sec. 225. Commercial feeding stuffs: Marking requirements. Each package, lot or parcel of commercial feeding stuff sold or offered, exposed or kept for sale or distributed shall have affixed thereto in a conspicuous place, as provided in the following section, a tag or label containing a legible and plainly printed statement in the English language clearly and truly certifying: (a) The weight of the contents of the package, lot or parcel; [1903; last amended 1939.] Sec. 226. Same: Tag or label to be affixed to package; bulk sales. When any feeding stuff is sold or offered, exposed or kept for sale or distributed in packages, the tag or label shall be affixed in a conspicuous place on the outside thereof. When any feeding stuff is offered, exposed or kept for sale in bulk, the tag or label shall be affixed in a conspicuous place on the bin or other enclosure where the feeding stuff is contained, but need not state the number of pounds thereof. When any feeding stuff is sold or distributed in bulk the tag or label shall be affixed in a conspicuous place on the vehicle in which the feeding stuff is shipped, delivered or distributed and shall state the number of pounds thereof. [1903; last amended 1912.] # * * Sec. 234. Same: Penalty for selling without tag or label. Whoever sells, offers, exposes or keeps for sale or distributes any commercial feeding stuff without the tag or label required, shall for the first offence be punished by a fine of not more than one hundred dollars and for a subsequent offence shall be punished by a fine of not less than one hundred dollars. [1903; last amended 1912.] Sec. 235. Same: Enforcement; rules and regulations. The director [director of Mass. agricultural experiment station] shall enforce sections two hundred and twenty-five to two hundred and thirty-four, inclusive, and may prescribe and enforce such rules and regulations relative to the sale of commercial feeding stuff or cattle feed as he deems necessary to enforce said sections. He may prosecute or cause to be prosecuted any person violating any provision of said sections, and no complaint shall be made or prosecuted for any such violation except with his authorization or approval. [1903; last amended 1912.] Sec. 236. Weighing of hay: Weighers; appointment; oath; regulation of hay scales; penalty. If a town or the city council of a city accepts this section or has accepted corresponding provisions of earlier laws, the mayor or selectmen may from time to time appoint, for a term not exceeding one year, and may at any time remove, weighers of hay, who shall be sworn to the faithful performance of their duty and who shall have the superintendence of the hay scales belonging to such city or town, and shall weigh hay offered for sale therein and any other article offered to be weighed. Cities and towns may establish ordinances and by-laws for the regulation of hay scales and of the compensation of weighers of hay. Whoever, not having been so appointed, sets up hay scales in a city or town for the purpose of weighing hay or other articles offered to be weighed shall forfeit to the use of such city or town twenty dollars a month, so long as such scales are maintained. [1824] Sec. 237. Sale of timothy or herdsgrass seed regulated; penalty. Except as otherwise provided in chapter ninety nine 1 [The Metric System of Weights and Measures], all contracts for the sale and delivery of timothy or herdsgrass seed shall be made by avoirdupois weight. Whoever violates this section shall be punished by a fine of not more than twenty dollars. [1862; last amended 1922.] 1 See page 457. Sec. 238. Sale of coal, coke, and charcoal: Weighers of coal; appointment; oath. The mayor or selectmen shall annually appoint, and may remove, weighers of coal, one of whom at least shall not be engaged in the business of selling coal, who shall be sworn to the faithful performance of their duty, and by whom all coal shall be weighed. No person shall be ineligible for appointment in a town because of the fact that he is not a resident thereof, notwithstanding any provisions to the contrary in any city charter. Women shall be eligible for appointment as weighers of coal. [1849; last amended 1920.] Sec. 239A. Same: Standard sizes for anthracite coal; toler ances. The director of standards and necessaries of life shall from time to time by rule or regulation establish standard sizes for anthracite coal offered for sale within the commonwealth, with variances or tolerances not to exceed five per cent determined by weight [1926; last amended 1939.1 Sec. 241. Same: Sale in bags, sacks and baskets regulated. Coal in quantities of one hundred pounds or less shall be sold by weight, and coke and charcoal in quantities of one hundred pounds or less shall be sold by weight or measure, in bags, sacks or baskets, and until delivered shall be kept in the same bags, sacks or baskets in which they were weighed or measured; and coal, coke and charcoal thus sold shall be exempt from section two hundred and forty-four. When sold by weight, such bags, sacks or baskets shall be plainly marked with the name and business address of the person who puts up the same, and with the weight of the coal, coke or charcoal therein in letters and numerals, respectively, of bold uncondensed type at least one inch in height. Paper bags or sacks used in the sale of coal shall contain and shall be sold as containing twenty-five pounds, avoirdupois weight, and, in addition to the marking hereinbefore required, such bags or sacks shall be plainly and conspicuously marked with the classification of such coal, whether anthracite, semi-anthracite, bituminous containing less than twenty-three per cent volatile matter or bituminous containing more than twenty-three per cent volatile matter, and with the size of the coal contained therein. [1883; last amended 1926.] Sec. 242. Same: Baskets and similar receptacles regulated. Baskets or similar receptacles used in selling coke, charcoal or unpacked kindling wood by measure shall be of one bushel or multiple thereof, Massachusetts standard dry measure, shall have their capacity plainly marked thereon, shall be sealed by a sealer of weights and measures of the town or district where the vendor resides or conducts his business, and shall be filled at least level full when well shaken. [1901; last amended 1919.] Sec. 243. Same: Paper bags or sacks regulated; penalty. Paper bags or sacks used or intended to be used in the sale of coke, charcoal or kindling wood by measure shall be not less than twenty-five inches in height, not less than thirteen and one half inches in width, and the bottoms shall not be less than four and three quarters inches wide. They shall be filled to a point not more than six inches from the upper end. Bags of unpacked kindling wood or of coke or charcoal sold or offered for sale by measure shall contain, and shall be sold as containing, one half bushel, Massachusetts standard dry measure. Bags and sacks shall be plainly marked with the name and business address of the person putting up the same, and the words "one half bushel" in bold, uncondensed, capital letters at least one inch in height. Whoever himself or by his servant or agent or as the servant or agent of another sells or offers for sale a paper bag or sack to be used in the sale of coke, charcoal or kindling wood by measure which does not conform in every particular to the requirements of this section shall be punished by a fine of not more than one hundred dollars. [1908: last amended 1921.] Sec. 244. Sale of coal, charcoal, coke, and road construction material: Weighing; certificate of weight. Whoever, except as provided in section two hundred and forty-one, sells coke, charcoal or coal by weight, or whoever sells material for road construction by weight, shall without cost to the purchaser cause the goods or material to be weighed by a sworn weigher of the town where they are weighed, and shall cause to be signed by the weigher a certificate stating the name and place of business of the seller, and either the identifying number, of which a permanent record shall be kept, or the name of the person taking charge of the goods or material after the weighing as given to the weigher on his request, the tare weight, and the quantity of the goods or material. Such certificates shall be given to said person and shall be given by him only to the owner of the goods or material or his agent when he unloads the same; and each such person, on request and without charge therefor, shall permit the director of standards and necessaries of life, or any inspector of standards in any town, or any sealer of weights and measures of any town to examine the certificate and to make a copy thereof. [1901; last amended 1941.] Sec. 245. Same: Certain officials may direct goods to be weighed. The director of standards and necessaries of life or any inspector of standards in any town, or a sealer of weights and measures within his town, wherein any quantity of coke, charcoal or coal or material for road construction in the course of delivery is found may direct the person in charge of the goods or ma terial to convey the same without delay or charge to scales designated by such director, inspector or sealer, who shall there determine the quantity of the goods or material, and, except in the case of coke. charcoal or coal in baskets or bags as required by section two hundred and forty-one, shall determine their weight together with the tare weight, and shall direct said person to return to such scales immedi ately after unloading the goods or material; and upon such return, the director, inspector or sealer shall determine the tare weight. The scales desig nated by the director, inspector or sealer as aforesaid may be the public scales of the town or any other scales therein which have been duly tested and sealed and shall be such scales as in his judgment are most convenient. [1901; last amended 1941.] Sec. 246. Same: Record of weights and measures to be kept. Each sealer of weights and measures of a town and each sworn weigher shall keep in a book used by him solely for that purpose a record of all baskets sealed by him as aforesaid, and of all weighings and determinations or quantities of coke, charcoal or coal or material used for road construction made by him as aforesaid. Such record shall be made at the time of measuring or weighing, and shall state the day and hour of the measuring or weighing, the name and place of business of the vendor, the name of the owner of the baskets or of the purchaser of the goods or material as given to him on his request by the person taking charge of the baskets or of the goods or material after weighing or measuring, the capacity of the baskets measured or quantity of the goods or material determined, and the name of said person; and, in the case of a re-weighing as provided in section two hundred and forty-five, shall state the weight as given in the certificate and as determined by him. No charge shall be made by any such sealer for anything done under this section and sections two hundred and forty-four and two hundred and forty-five. [1901; last amended 1941.] Sec. 247. Sale of edgings and kindling wood. Edgings or kindling wood shall not be sold in bundles unless the same are closely packed and are not less than twenty-seven inches in circumference. Kindling wood may be sold in bulk by the load; but if unpacked shall not be sold unless by measure and, if exceeding six inches in length, shall not be sold in bags or sacks. [1909; last amended 1919.] Sec. 248. Violations of Secs. 239A-247; fraud and deceit in weighing or measuring coal and fuel oil; penalties; enforcement. Whoever violates any provision of sections two hundred and forty to two hundred and forty-seven, inclusive, if no other penalty is provided therein, or of a rule or regulation made under section two hundred and thirty-nine A, or fails to comply with any request for information or direction made under authority of sections two hundred and forty, two hundred and forty-one, two hundred and forty-four to two hundred and forty-six, inclusive, or gives a false answer to any such request, shall be punished by a fine of not more than fifty dollars; and whoever is guilty of fraud or deceit as to weighing, selling or delivering of coke, charcoal or coal, or the measuring, selling or delivering of fuel oil or range oil, or whoever, by himself, or by his servant, agent or employee, sells or delivers or attempts to sell or deliver coal which is short in weight or which contains an inreasonable amount of shale, slate, rock or other Foreign substance or which produces an excessive amount of non-combustible residue, including ash, shall be punished by a fine of not more than one housand dollars or by imprisonment for not more han one year, or both. The director of standards and necessaries of life and local sealers of weights and measures shall cause sections two hundred and forty to two hundred and forty-nine, inclusive, and rules and regulations made under section two hundred and thirty-nine A, to be enforced. [1901; last amended 1946.] Sec. 249. Penalty for possession of illegal measures for coal, coke, charcoal or kindling wood. A vendor of coal, coke, charcoal or kindling wood, who has in his possession a basket, bag, sack or other measure which does not conform in every particular to the requirements respecting such measure, with intent to use or permit it to be used in measuring coal, coke, charcoal or kindling wood sold or offered for sale, shall be punished by a fine of not more than twenty dollars, and such basket, bag, sack or measure shall be destroyed. [1758-9; last amended 1920.] Secs. 249A-249F. Coal. [ED. NOTE. These sections provide for inspection of coal. The pertinent sections are not given in detail because their provisions relate primarily to quality.] [1923; last amended 1939.] Sec. 250. Commercial fertilizers: Marking requirements. No commercial fertilizer shall be sold or offered or exposed for sale without a plainly printed label accompanying it, displayed in the manner hereinafter set forth, and truly stating the following particulars: 1. The number of pounds of the fertilizer sold or offered or exposed for sale. [1869; last amended 1933.] Sec. 251. Same: Label to be affixed, when. When any fertilizer is sold or offered or exposed for sale in packages, the label shall be affixed in a conspicuous place on the outside thereof. When any fertilizer other than the product of gas houses, known as gas house lime, is offered or exposed for sale in bulk the label shall be affixed in a conspicuous place to the bin or other enclosure where the fertilizer is contained but need not state the number of pounds thereof, and when such fertilizer is sold in bulk the label shall be affixed in a conspicuous place to the vehicle in which the fertilizer is shipped or delivered, and shall state the number of pounds thereof. When any fertilizer is sold in packages furnished by the purchaser the seller shall furnish the labels therefor. [1911] Sec. 253. Same: Untrue label forbidden. and no person shall sell, offer or expose for sale a fertilizer or brand thereof with a label which is untrue in any particular. [1869; last amended 1911.] Sec. 260. Same: Rules and regulations; enforcement. The director [director of the Mass. agricultural experiment station] shall enforce sections two hun |