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which shall not exceed 8 inches in length at the top or other method of measurement is agreed upon, all and 4 inches in width at the top, inside measure- contracts hereafter entered into for the purchase ments.

and sale of saw logs shall be deemed to be made on 2. The 16 ounce loaf shall be baked in a pan the basis of such standard rule. [1941] which shall not exceed 10 inches in length at the top and 41/2 inches in width at the top, inside measure

Compiled Laws 1948, Vol. 1, Ch. 41—Township

Scales. ments.

3. The 20 ounce loaf shall be baked in a pan Sec. 41.491. Establishment; control; tax levy. which shall not exceed 1214 inches in length at the

It shall be lawful for the township, board of any top and 41/2 inches in width at the top, inside

township or village council of any village in this measurements.

state to appropriate money for the purpose of estab4. The 24 ounce loaf shall be baked in a pan

lishing township or village scales for the weighing which shall not exceed 15 inches in length at the top

of farm produce and for other purposes. All sums and 434 inches in width at the top, inside measure

hereby authorized to be appropriated shall be ments.

assessed, levied and collected in the same manner 5. The 32 ounce loaf shall be baked in a pan which shall not exceed 16 inches in length at the top

as other expenses of such townships or villages are

assessed, levied and collected. The maintenance, and 434 inches in width at the top, inside measure

management and control of such scales shall be ments.

under the direction of the township board or vilProvided, however, That loaves of bread may be

lage council, as the case may be and the expense baked in pans of differing widths from those set

connected therewith shall be paid in the same forth above if the pan contents shall not exceed 6.25

manner as other expenses of such townships or cubic inches per ounce of dough used.

villages are paid. [1917) (b) The following provisions shall apply to loaves of bread baked in covered pans:

Compiled Laws 1948, Vol. 1, Ch. 67—"General 1. The 16 ounce loaf shall be baked in a pan Village Act." which shall not exceed 10 inches in length at the top

Sec. 67.1. General powers of villages; weights and measures. and 4 inches in width at the top, inside measurement.

Every village subject to the provisions of this 2. The 24 ounce loaf shall be baked in a pan

act, shall, in addition to such other powers as are which shall not exceed 15 inches in length at the top

conferred, have the general power and authority and 4 inches in width at the top, inside measure

granted in this chapter [Secs. 67.1–67.64], and the ments.

council may pass such ordinances in relation thereto 3. The 32 ounce loaf shall be baked in a pan

as it may deem proper, namely: which shall not exceed 16 inches in length at the top and 4 inces in width at the top, inside measure

Twelfth, To provide for the inspection and seal. ments. [1941]

ing of weights and measures, and to enforce the Sec. 290.202. Same: Scope of act.

keeping and use of proper weights and measures This act (Secs. 290.201–290.203] shall apply only

by venders; (1895; last amended 1921.] to white bread baked in pans. This act shall not apply to bread sold to restaurants, hotels, or other

Compiled Laws 1948, Vol. 1, Ch. 91–“Fourth Class types of eating establishments or other places where

Cities Act.” bread is not offered for retail sale. [1941]

Sec. 91.1. General powers of city corporations of fourth class; Sec. 290.203. Same: Violation a misdemeanor.

weights and measures. Any person, firm or corporation who shall sell

Every city incorporated under the provisions of any bread in violation of the provisions of this act this act, shall, in addition to such other powers as (Secs. 290.201–290.203] shall be guilty of a misde- are herein conferred, have the general powers and meanor.1 [1941]

authority in this chapter [Secs. 91.1–91.9] men1 See Sec. 750.504, page 494; punishment for misdemeanor. tioned; and the council may pass such ordinances Sec. 290.401. Standard log rule; effect on contracts.

in relation thereto, and for the exercise of the The international log rule, based upon 1/4 inch

same, as they may deem proper, namely: saw kerf, as expressed in the formula (D2X0.22)— 0.71D) X 0.904762 for four foot sections (D represents Eighteenth, To regulate the inspection, weighing top diameter of log in inches; taper allowance, 1/2 and measuring of brick, lumber, fire-wood, coal, hay inch per 4 feet lineal), is hereby adopted as the and any article of merchandise; standard log rule for determining the board foot Ninteenth. To provide for the inspection and content of saw logs and, unless some other log rule sealing of weights and measures and to enforce the Compiled Laws 1948, Vol. 1, Ch. 91–“Fourth Class s. The term "label" means the written, printed, Cities Act”—Continued.

or graphic matter on, or attached to, the economic keeping and use of proper weights and measures

poison, or device, or the immediate container by venders; (1895)

thereof, and the outside container or wrapper of the retail package, if any there be, of the economic

poison or device. Compiled Laws 1948, Vol. 2, Ch. 286—Commercial

t. The term “labeling" means all labels and other Fertilizer.

written, printed, or graphic matterSec. 286.31. Definition; marking requirements.

(1) Upon the economic poison or device or any The term "commercial fertilizer” shall be held to

of its containers or wrappers; include any and every substance, limestone or lime (2) Accompanying the economic poison or device rock, imported, manufactured, prepared or sold for

at any time; fertilizing or manurial purposes, the retail price of which is 10 dollars or more per ton. Every lot or parcel of commercial fertilizer sold, offered or ex

v. The term "misbranded" shall applyposed for sale, or distributed within this state shall

(1) To any economic poison or device if its labelhave on each bag or sack, in a conspicuous place

ing bears any statement, design, or graphic repre on the outside, a legible and plainly printed state

sentation relative thereto or to its ingredients which ment in the English language clearly and truly

is false or misleading in any particular; certifying:

(2) To any economic poison(a) The net weight of the contents of the package, lot or parcel; [1885; last amended 1913.]

(f) If any word, statement, or other information

required by or under the authority of this act to Sec. 286.36. Penalty for violations; civil damages.

appear on the labeling is not prominently placed Any person or persons who shall sell or offer for

thereon with such conspicuousness (as compared sale any commercial fertilizer in this state without with other words, statements, designs, or graphic first complying with the provisions of sections 1 matter in the labeling) and in such terms as to [Sec. 286.31]

shall upon conviction render it likely to be read and understood by the thereof be fined not less than 100 dollars for the ordinary individual under customary conditions of first offense, and not less than 300 dollars for every purchase and use. [1949] subsequent offense, and the offender shall also bé liable for all damages sustained by the purchaser of such fertilizer on account of such misrepresenta- Sec. 3. Marking requirements. tion. [1885)

a. It shall be unlawful for any person to distribute, Sec. 286.39. Enforcement; rules and regulations.

sell, or offer for sale within this state or deliver The commissioner 1 of agriculture is hereby em

for transportation or transport in intrastate compowered to enforce the provisions of this act (Secs.

merce between points within this state through any 286.31–286.39] and to prescribe and enforce such

point outside this state any of the following: rules and regulations relating to the sale of commercial fertilizers as may be deemed necessary to carry into effect the full intent and meaning of this

(2) Any economic poison unless it is in the regis

trant's or the manufacturer's unbroken immediate act. [1923]

container, and there is affixed to such container, 1 Director. See Sec. 285.1, page 478.

and to the outside container or wrapper of the rePublic Acts 1949, No. 297—"The Insecticide, Fungi. tail package, if there be one through which the cide, and Rodenticide Act of 1949.”

required information on the immediate container Sec. 2. Definitions.

can not be clearly read, a label bearing: For the purpose of this act:

a. The term "economic poison” means any substance or mixture of substances intended for pre

(c) The net weight or measure of the content venting, destroying, repelling, or mitigating any

subject, however, to such reasonable variations as sects, rodents, fungi, weeds, or other forms of plant

the director (of agriculture] may permit. (1949) or animal life or viruses, except viruses on or in living man or other vertebrate animals, which the

Sec. 7. Examination. director (of agriculture shall declare to be a pest.

a. The examination of economic poisons or devices

shall be made under the direction of the director q. The term "director" means the director of the (of agriculture) for the purpose of determining Michigan department of agriculture.

whether they comply with the requirements of this act.

[1949]

Sec. 9. Violations; penalties; minor violations.

Any manufacturer, importer, jobber, firm, association, corporation, or person, who shall sell, offer, or expose for sale, or distribute in this state, or who shall take or receive from any firm, association, corporation, or person in this state any order for the sale of any economic poison or device as defined in section 2 of this act, or who shall directly or indirectly contract with any manufacturer, importer, jobber, firm, association, corporation, or person in this state for the sale of such economic poison or device to be delivered in this state by common carrier or otherwise, which has not been registered as required by the provisions of this act, or without complying with the labeling requirements of this act

shall be deemed guilty of a violation of the provisions of this act and, upon conviction thereof, shall be sentenced to pay a fine of not more than $200.00, or to imprisonment of not more than 60 days in the county jail, or both such fine and imprisonment in the discretion of the court: Provided, however, That nothing in this act shall be construed as requiring the director (of agriculture) to report for prosecution or for the institution of libel proceedings, minor violations of the act whenever he believes that the public interest will be best served by a suitable notice of warning in writing (1949) Sec. 10. Seizure.

The director (of agriculture], his deputy, or any person by said director duly appointed for that purpose, is authorized at all times to seize and take possession of any and all economic poisons or devices, substitutes therefor, or imitations thereof, kept for sale, exposed for sale, distributed, or held in possession or under the control of any person, which are contrary to the provisions of this act. (1949]

(b) The words “animals" or "livestock” as used in this act shall mean and include horses, mules, cattle, calves, swine, sheep and goats.

(c) The words “dealer" or "broker” as used in this act shall mean any person, copartnership, association or corporation engaged in the business of buying, receiving, selling, exchanging, transporting, negotiating, or soliciting sale, resale, exchange, transportation or transfer of any such animals, but it shall not be construed to include: (1) any railroad transporting animals either interstate or intrastate; (2) any person, association, copartnership or corporation who or which, by dispersal sale, is permanently discontinuing the business of farming, dairying, breeding, or feeding animals; (3) any person, association, copartnership or corporation that sells livestock which has been raised on the premises of such person, association, copartnership or corporation; (4) any butcher, packer or processor to whom animals are delivered and used exclusively for slaughter, or that part of the business of a farmer which consists of buying or receiving animals for grazing and feeding purposes and the sale or disposal of such animals after the feeding or grazing period of not less than 21 days; (5) terminal livestock markets where United States bureau of animal industry veterinary inspection is daily maintained.

(e) "Livestock auction" as used in this act shall mean any livestock market where livestock is accepted on consignment and the auction method is used in the marketing of such livestock. A public auction of farm goods by a farmer is not included in this definition of a livestock auction.

(f) The word "weighmaster" as used in this act shall mean any person registered under this act who weighs livestock at any livestock market licensed under this act. [1937; last amended 1945.] Sec. 287.123. License required; weighing by registered weigh

master.

Sec. 13. Jurisdiction vested in department of agriculture.

Jurisdiction in all matters pertaining to the distribution, sale and transportation of economic poisons and devices is by this act vested exclusively in the department of agriculture and all acts and parts of acts inconsistent with this act are hereby expressly repealed.

[1949] [ED. NOTE.-Sec. 8 (not included herein) includes exemptions with respect to economic poisons used officially by State or Federal officials, used experimentally, and in

tended for export.] Compiled Laws 1948, Vol. 2, Ch. 287–Livestock

Dealers.

*

Each dealer, broker or agent engaged in such business for the purposes aforesaid shall file an application with the department [of agriculture] for a license to transact such business. Provided further, That when any livestock is purchased or sold by weight, such licensees shall employ a registered weighmaster who shall be required to do all the weighing: Provided further, That the duties, qualifications and requirements for registration of weighmasters shall be established by the director of agriculture under the provisions of section 9 (Sec. 287.129]

[1937; last amended 1949.) Sec. 287.124. Revocation of license.

• The following reasons shall be construed as just cause for revocation of a license:

Sec. 287.121. Definitions.

(a) The word "department” as used in this act (Secs. 287.121–287.131] shall mean the Michigan state department of agriculture.

Compiled Laws 1948, Vol. 2, Ch. 287–Livestock

Dealers-Continued.

(b) Where there have been false or misleading statements

in the buying or receiving of animals, or receiving, selling, exchanging, soliciting, or negotiating sale, resale, exchange, transport, transfer, weighing, or shipment of animals. [1937]

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Sec. 287.129. Rules and regulations.

The department [of agriculture) is authorized to formulate, adopt, promulgate and enforce rules and regulations for the purpose of carrying into effect the provisions of this act (Secs. 287.121–287.131]. [1937] Sec. 287.131. Penalty for violations.

Whoever violates or refuses to comply with any of the provisions of this act (Secs. 287.121–287.131] shall, upon conviction, be sentenced to pay a fine of not less than 25 dollars nor more than 100 dollars and costs of prosecution, and in default of payment of fine and costs, shall be sentenced to imprisonment for not less than 10 nor more than 30 days, and for each subsequent violation a fine shall be imposed of not less than 100 dollars nor more than 500 dollars, or imprisonment for not more than 6 months, or both, and the costs of prosecution. [1937) Compiled Laws 1948, Vol. 2, Ch. 287—Livestock

Remedies.
Sec. 287.141. Definition; remedies excepted.

The term "live stock remedy" shall be held to include all condimental feeds, medicated stock foods, medicinal stock foods, stock food tonics, stock powders, condition powders, conditioners, animal regulators, proprietary medicines, or any preparations of like nature in either solid or liquid form used for any animal except man, and administered internally for the purported purpose of stimulating, invigorating, curing ailments, or other reasons: Provided, That this act (Secs. 287.141-287.150] shall not apply to remedies prescribed and used by a veterinarian, regularly licensed in Michigan, for use in connection with his own practice, or to the preparation and sale of remedies by registered pharmacist or registered assistant pharmacists operating in licensed drug stores. [1929; last amended 1931.)

Sec. 287.143. Marking requirements.

Every sack, box, carton, bottle or other container of live stock remedy sold, offered or exposed for sale, or distributed within this state, shall have a label affixed thereto in a conspicuous place on the outside thereof bearing a legible and plainly printed statement in the English language clearly and truly certifying:

third, the minimum net contents of the sack, box, carton, bottle or other container;

[1929] Sec. 287.149. Penalty for violations.

Any manufacturer, importer, jobber, firm, association, corporation or person who shall violate any of the rules and regulations promulgated by the commissioner [director of agriculture as provided herein, shall be deemed guilty of a violation of the provisions of this act (Secs. 287.141-287.150) and upon conviction thereof shall be sentenced to pay a fine of not less than 100 dollars, nor more than 200 dollars, or to imprisonment of not less than 30 days, nor more than 60 days, in the county jail, or both such fine and imprisonment in the discretion of the court. [1929]

1 See footnote following Sec. 287.142. Sec. 287.150. Enforcement; rules and regulations.

The commissioner (director of agriculture 1 is hereby empowered to enforce the provisions of this act [Secs. 287.141-287.150] and to prescribe and enforce such rules and regulations relating to the sale and license of live stock remedies as may be deemed necessary to carry into effect the full intent and meaning of this act. [1929)

1 See footnote following Sec. 287.142. Compiled Laws 1948, Vol. 2, Ch. 287—Commercial

Feeds.
Sec. 287.181. Definition.

The term “commercial feeds” is defined as any simple mixed, prepared, milled, compounded, processed, or blended product entering into commerce, together with all condimental and patented proprietary feeds used for feeding animals other than man, except unmixed whole seeds or grains, as defined by the U. S. grain standards; the unmixed meals made directly from the entire grains of corn, wheat, rye, barley, oats, cracked or rolled, screened or unscreened, corn, wheat and oats; whole hays, straws, ensilage and corn stover when unmixed with other materials, and liquid by-products from milk returned to farmers from cheese factories, skimming stations, creameries or other places where

Sec. 287.142. Certificate to be filed stating minimum net con

tents of package.

Before any manufacturer, importer, jobber, firm, association, corporation or person shall sell, offer or expose for sale or distribute in Michigan any live stock remedies, the manufacturer thereof shall file with the commissioner (director of agriculture 1 a sworn certificate stating:

third, the minimum net contents of the package, lot or parcel of

milk is received and the by-products distributed. (1917; last amended 1937.) Sec. 287.182. Marking requirements.

Every lot, parcel or package of commercial feeds manufactured, sold, offered or exposed for sale, or distributed within this state shall have affixed thereto a tag or label, in a conspicuous place on the outside, containing a legible and plainly written statement in the English language, clearly and truly certifying:

(a) The net weight of the contents of the lot, parcel or package; [1917; last amended 1939.]

Sec. 288.52. Same: Rules and regulations.

The director of agriculture shall establish and promulgate rules and regulations not inconsistent with this act [Secs. 288.51-288.59] that shall govern the granting of licenses under this act and shall establish and promulgate rules and regulations not inconsistent with this act that shall govern the manner of testing

[1935; last amended 1949.]

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Sec. 287.190. Penalty for violations.

Any manufacturer, importer, jobber, firm, association, corporation or persons who

shall manufacture, sell, offer or expose for sale or distribute in this state any commercial feeds which do not bear a tag or label with all of the facts required in section 2 [Sec. 287.182]

shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than 100 dollars for the first offense, and not less than 200 dollars for each subsequent offense, or to imprisonment of not less than 30 days, nor more than 60 days in the county jail, or both such fine and imprisonment in the discretion of the court. (1917; last amended 1937.) Sec. 287.191. Enforcement; regulations.

The commissioner (director] of agriculture i is hereby empowered to enforce the provisions of this act (Secs. 287.181–287.191] and to prescribe and enforce such rules and regulations relating to the sale of commercial feeds as may be deemed necessary to carry into effect the full intent and meaning of this act. [1917; last amended 1937.]

1 In Compiled Laws of Michigan 1948, following the fore. going section, it is stated: “The commissioner of agriculture is superseded by the department of agriculture.” See Sec. 285.1,

Sec. 288.56. Same: Standard testing glassware, scales and

weights; specifications.

In the use of the Babcock test all persons shall use the "standard Babcock testing glassware, scales and weights". The term "standard Babcock testing glassware, scales and weights” shall apply to glassware, scales and weights complying with the following specifications:

Standard milk test bottles.
(a) Standard milk test bottles.

Graduation. The total percent graduation shall be eight (8) percent. The graduated portion of the neck shall have a length of not less than sixtythree and five-tenths (63 5/10) millimeters (two and one-half (212) inches). The graduation shall represent whole percent, five-tenths (5/10) percent, and tenths percent. The tenth percent graduation shall not be less than three (3) millimeters in length; the five-tenths (5/10) percent graduations shall be one (1) millimeter longer than the tenths percent graduations, projecting one (1) millimeter to the left; the whole percent graduations shall extend at least one-half (1/2) way around the neck to the right and projecting two (2) millimeters to the left of the tenths percent graduations. Each percent graduation shall be numbered, the number being placed on the left of the scale. The error at any point of the scale shall not exceed one-tenth (1/10) percent.

Neck. The neck shall be cylindrical and the cylindrical shape shall extend for at least nine (9) millimeters below the lowest and above the highest graduation mark. The top of the neck shall be flared to a diameter of not less than ten (10) millimeters.

Bulb. The capacity of the bulb up to the junction of the neck shall not be less than forty-five (45) cubic centimeters. The shape of the bulb may be either cylindrical or conical with the smallest diameter at the bottom. If cylindrical, the outside diameter shall be between thirty-four (34) and thirty-six (36) millimeters; if conical, the outside diameter of the base shall be between thirty-one (31) and thirty-three (33) millimeters, and the maximum diameter between thirty-five (35) and thirty-seven (37) millimeters.

The charge of the bottle shall be eighteen (18) grams.

The total height of the bottle shall be between one hundred fifty (150) and one hundred sixty-five

page 478.

Compiled Laws 1948, Vol. 2, Ch. 288—Milk and

Cream.
Sec. 288.51. Babcock test: Operator's license.

Every person who shall test milk or cream in this state by the Babcock method or otherwise for the purpose of determining the percentage of butterfat or milk fat contained therein; where such milk or cream is bought and paid for on the basis of the amount of butterfat contained therein, shall first obtain a license from the commissioner (director] of agriculture. [1935]

1 In Compiled Laws of Michigan 1948, following the foregoing section, it is stated: “The commissioner of agriculture is superseded by the department of agriculture." See Sec. 285.1, page 478.

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