Compiled Laws 1948, Vol. 2, Ch. 288-Milk and Cream-Continued. (165) millimeters (five and seven-eighths (57%) and six and one-half (612) inches). Standard cream test bottles. Two types of bottles shall be accepted as standard cream test bottles, a fifty (50) percent nine (9) gram short-neck bottle and a fifty (50) percent nine (9) gram long-neck bottle. Fifty (50) percent nine (9) gram short-neck bottles. Graduation. The total percent graduation shall be fifty (50). The graduated portion of the neck shall have a length of not less than sixty-three and five-tenths (635/10) millimeters (two and onehalf (22) inches.) The graduation shall represent five (5) percent, one (1) percent and five-tenths (5/10) percent. The five (5) percent graduations shall extend at least one-half (12) way around the neck of the bottle (to the right). The five-tenths (5/10) percent graduations shall be at least three (3) millimeters in length, and the one (1) percent graduations shall have a length intermediate between the five (5) percent and five-tenths (510) percent graduations. Each five (5) 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 five-tenths (5/10) percent. Neck. The neck shall be cylindrical and the cylindrical shape shall extend at least nine (9) millimeters below the lowest and nine (9) millimeters 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 thirtyseven (37) millimeters. The charge of the bottle shall be nine (9) grams. All bottles shall bear on top of the neck above the graduations, in plainly legible characters, a mark defining the weight of the charge to be used (nine (9) grams). The total height of the bottle shall be between one hundred fifty (150) and one hundred sixty-five (165) millimeters (five and seven-eighths (57%) and six and one-half (611⁄2) inches) same as standard milk test bottles. Fifty (50) percent nine (9) gram long-neck bottles. The same specifications in every detail as specified for the fifty (50) percent nine (9) gram short-neck bottle shall apply for the long-neck bottle with the exceptions, however, that the total height of this bottle shall be between two hundred ten (210) an two hundred thirty-five (235) millimeters (eight an one-half (812) and eight and seven-eighths (87 inches) and that the total length of the graduatio shall be not less than one hundred twenty (120 millimeters. Standard Babcock pipette. (c) The standard Babcock pipette. Total length of pipette shall be not more tha three hundred thirty (330) millimeters (thirteen an one-fourth (1314) inches). Outside diameter suction tube six (6) to eight (8) millimeters. Lengt of suction tube one hundred thirty (130) mill meters. Outside diameter of delivery tube four an five-tenths (4510) to five and five-tenths (5510) mill meters. Length of delivery tube one hundred (10 to one hundred twenty (120) millimeters. Distan of graduation mark above bulb thirty (30) to six (60) millimeters. Nozzle straight. Delivery seve teen six-tenths (17610) cubic centimeters of wat at twenty (20) degrees C in five (5) to eight ( seconds. Standard cream test scales. (d) Standard cream test scales. All butterfat and cream scales used for the pu pose of determining the value or percent of butte fat content of milk or cream by the Babcock test otherwise shall be subject to the following specific tions: 1. The scale shall be provided with a graduat face of at least ten (10) divisions over which t pointer shall play. 2. The pointer must reach to the graduated di sions and shall terminate in a fine point to enab the readings to be made clearly and distinctly. 3. The clear interval between the divisions on t graduated face shall not be less than five one-hu dredths (5/100) inch. 4. All scales whose weight indications are chang by an amount greater than one-half (12) the tol ance allowed, when set in any position on a surfa making an angle of three (3) degrees or appro imately five (5) percent with the horizontal, shall equipped with leveling screws and a device whi will indicate when the scale is level: Provided, ho ever, That the scale shall be re-balanced at ze each time its position is altered during the test. (5) The addition of one-half (12) grain to t scale when loaded to capacity shall cause a mov ment of the pointer at least equal to one (1) divisi on the graduated face. 6. The sensibility reciprocal and tolerance cream test and butterfat test scales shall be one-ha (2) grain (thirty (30) milligrams). Standard weights. (e) Standard weights. The standard cream test weight shall be nine ( grams and the allowable tolerance therefor sha not exceed one-half (12) grain (thirty (30) mil grams). Every person, firm, company, association, corporation or agent thereof buying and paying for milk or cream on the basis of the amount of butterat contained therein as determined by the Babcock test shall use standard Babcock test bottles, pipettes, weights and scales as defined in this act, and it shall be unlawful for any such person, firm, company, association, corporation or agent thereof to falsely nanipulate, under-read or over-read the Babcock cest or any other contrivance used for determining the quality or value of milk or cream where the value of said milk or cream is determined by the percentage of butterfat contained in the same or to make a false determination by the Babcock test or otherwise, or to falsify the record of such test or to read the test at any temperature except the correct temperature which shall be between one hundred thirty-five (135) degrees and one hundred forty (140) degrees Fahrenheit, or to pay on the basis of any test, measurement or weight except the true test, measurement or weight. [1935] Sec. 288.57. Same: Inspection and certification of standard testing glassware; fee. No person, firm, company, association, corporation or agent thereof buying and paying for milk or cream on the basis of the amount of butterfat contained therein as determined by the Babcock test or otherwise shall use the "standard Babcock testing glassware" unless each piece of such glassware shall bear the certificate of the commissioner of agriculture thereon. Before such glassware shall be used, the same shall be submitted to the commissioner [director] of agriculture1 for his inspection, and all such glassware so inspected and approved by him shall bear the certificate of the commissioner of agriculture in such form as the commissioner of agriculture by rules and regulations shall prescribe. Before such certificate shall be placed thereon, the person requesting same shall pay to the commissioner of agriculture an inspection fee of three (3) cents for each such piece of glassware so certified. [1935] 1 See footnote following Sec. 288.51, 489. page Sec. 288.59. Same: Penalty for violations. Any person violating any of the provisions of this act [Secs. 288.51-288.59] shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one hundred (100) dollars and the cost of prosecution, or by imprisonment in the county jail for a period of not more than two (2) months, or both such fine and imprisonment in the discretion of the court. [1935] Sec. 288.351. Milk or cream bottles: Capacity; tolerances; average contents; marking; numbering; bond of manufacturer; record. On and after January one (1), nineteen hundred sixteen (1916), bottles used for the sale of milk and cream in this state shall be of the capacity of half (2) gallon, three (3) pints, one (1) quart, one (1) pint, ten (10) ounces, half (2) pint, one (1) gill filled full to the bottom of the lip. The following variations on individual bottles or jars may be allowed: Six (6) drams above and six (6) drams below on the half (2) gallon; five (5) drams above and five (5) drams below on the three (3) pint; four (4) drams above and four (4) drams below on the quart; three (3) drams above and three (3) drams below on the pint; two and one-half (22) drams above and two and one-half (212) drams below on the ten (10) ounce; two (2) drams above and two (2) drams below on the half (2) pint; two (2) drams above and two (2) drams below on the gill. But the average contents of not less than twenty-five (25) bottles selected at random from at least four (4) times the number tested must not be in error by more than one-quarter (14) of the tolerances: One and five tenths (1510) drams above and one and five tenths (1510) drams below on the half (1⁄2) gallon; one and twenty-five hundredths (125/100) drams above and one and twenty-five hundredths (125/100) drams below on the three (3) pint; one (1) dram above and one (1) dram below on the quart; seventy-five hundredths (75/100) drams above and seventy-five hundredths (75/100) drams below on the pint; seventy-five hundredths (75/100) drams above and seventy-five hundredths (75/100) drams below on the ten (10) ounce; five-tenths (5/10) drams above and five-tenths (510) drams below on the half (2) pint; five-tenths (510) drams above and fivetenths (510) drams below on the gill. Bottles or jars used for the sale of milk shall have clearly blown or otherwise permanently marked in the side of bottle, the capacity of the bottle and the word "sealed" and in the side or bottom of the bottle the name, initials or trade mark of the manufacturer and designating number, which designating number shall be different for each manufacturer and may be used in identifying the bottles. The designating number shall be furnished by the state superintendent of weights and measures 1 upon application by the manufacturer, and upon filing by the manufacturer of a bond in the sum of one thousand (1,000) dollars with sureties to be approved by the attorney general, conditioned upon their performance of the requirements of this section. A record of the bonds furnished, the designating numbers, and to whom furnished, shall be kept in the office of the superintendent of weights and measures. [1915] 1 In Compiled Laws of Michigan 1948, following the foregoing section, it is stated: "Superintendent of weights and measures: Powers and duties now exercised by the department of agriculture, see Sec. 290.2", page 479. Sec. 288.352. Same: Penalty; action against bondsmen; false or insufficient measure. On and after January one (1), nineteen hundred sixteen (1916), any manufacturer who sells milk or Compiled Laws 1948, Vol. 2, Ch. 288-Milk and Cream-Continued. cream bottles to be used in this state, which do not comply as to size and markings with the provisions of this act [Secs. 288.351-288.353], shall suffer the penalty of five hundred (500) dollars, to be recovered by the attorney general in an action against the offender's bondsmen, to be brought in the name of the people of the state. Any dealer who uses, for the purpose of selling milk or cream, jars or bottles purchased after this law takes effect, which do not comply with the requirements of this act as to markings and capacity, shall be deemed guilty of using false or insufficient measure. [1915] Sec. 288.353. Same: Duties of sealers of weights and measures; penalty against owner for using bottles not marked with capacity. Sealers of weights and measures are not required to seal bottles or jars for milk or cream marked as in this act [Secs. 288.351-288.353] provided, but they shall from time to time make tests on individual bottles used by the various firms in the territory over which they have jurisdiction, in order to ascertain whether the above provisions are being complied with, and they shall report violations found immediately to the superintendent of weights and measures. Any dealer who knowingly uses for the purposes of selling milk or cream, jars or bottles purchased after this law takes effect, which do not comply with this act as to marking the capacity, shall be guilty of a misdemeanor and be punished accordingly. [1915] Compiled Laws 1948, Vol. 2, Ch. 289-Foods. Sec. 289.2. Food and drug commissioner: Powers; powers and duties of dairy and food commissioner transferred; appointments. The food and drug commissioner,1 on his appointment and qualification as such, shall have charge and supervision of the enforcement of all the laws of this State relating to the dairy and food, drug and liquor business, weights and measures, and such further powers and duties as may be imposed by law and as prescribed herein. All the powers and duties imposed by law upon the dairy and food commissioner, at the time this act takes effect, are hereby transferred to and vested in the food and drug commissioner. The food and drug commissioner, his deputies and inspectors, shall have the powers of a sheriff in making arrests and in enforcing the laws relating to the prohibition of the manufacture, sale, bartering, furnishing, giving away, receiving, possession and use of intoxicating liquors; and in enforcing the laws relating to dairy, foods, drugs and weights and measures in any place within this state. He shall appoint a deputy, who shall have the powers and duties of the food and drug commissioner as may be deputized to him by the food and drug commissioner. [1917; last amended 1919.] 1 Office of food and drug commissioner abolished and powers and duties transferred to the department of agriculture, see Sec. 285.2, page 478. Sec. 289.81. Sale of misbranded food prohibited. No person, firm or corporation by themselves o their agents or servants shall within the state, hav in their possession with intent to sell, or offer o expose for sale, or sell any article of food which i adulterated or misbranded within the meaning o this act [Secs. 289.81-289.100]. [1895; last amende 1913.] Sec. 289.82. Food defined. The term "food" as used herein, shall include al articles used for food, drink, confectionery or cond ment, intended to be eaten or drunk by man of other animals, whether simple, mixed or compound [1895; last amended 1913.] Sec. 289.83a. When food deemed misbranded; tolerances an exemptions. (a) An article shall be deemed to be misbrande within the meaning of this act [Secs. 289.81-289 100]: Third, If in package form every package, boy bottle, basket or other container does not bear th true net weight, excluding the wrapper or containe which shall be stated in terms of pounds, ounces an grains avoirdupois weight or the true net measur which measure, in case of liquids, shall be in term of gallons of two hundred and thirty-one (231 cubic inches or fractions thereof, as quarts, pints an ounces or the true numerical count, as the case ma be, expressed on the face of the principal label i plain English words or numerals, so that it can plainly read: Provided, however, That reasonabl variations shall be permitted and tolerances therefo and also exemptions as to small packages shall b established and promulgated by the dairy and foo The provisions of th commissioner: 1 subdivision shall not apply to beverages in gla containers; Fourth, Every article of food as d fined in the statutes of this state shall be sold b weight, measure or numerical count and as no generally recognized by trade custom, except whe the parties otherwise agree, and shall be labeled accordance with the provisions of the food an beverage laws of this state. Only those produc shall be sold by numerical count which cannot we be sold by weight or measure. All foods not liqui if sold by measure, shall be sold by standard d measure, the quart of which contains sixty-seve twenty one-hundredths (672100) cubic inches, pr viding that the provisions of this section shall n apply to fresh fruit and vegetables. [1913; la amended 1915.] 1 Office of dairy and food commissioner abolished; powe and duties transferred to food and drug commissioner, whi in turn has been abolished and superseded by the departme of agriculture. See Secs. 289.2 and 285.2, pages 492 and 41 respectively. Sec. 289.98. False branding or marking; penalty. Whoever shall falsely brand, mark, stencil or label any article or product required by this act [Secs. 289.81-289.100] to be branded, marked, stenciled or labeled, or shall remove, alter, deface, mutilate, obliterate, imitate or counterfeit any brand, mark, stencil or label so required, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than one hundred (100) nor more than one thousand (1,000) dollars and the costs of prosecution, or by imprisonment in the county jail or state house of correction and reformatory at Ionia, for not less than six (6) months or more than three (3) years or by both such fine and imprisonment in the discretion of the court for each and every offense. [1895] Sec. 289.99. General penalty. Whoever shall do any of the acts or things prohibited, or wilfully neglect or refuse to do any of the acts or things enjoined by this act [Secs. 289.81289.100], or in any way violate any of its provisions, shall be deemed guilty of a misdemeanor, and where no specific penalty is prescribed by this act shall be punished by a fine of not less than twenty-five (25) nor more than five hundred (500) dollars, or by imprisonment in the county jail for a period of not more than ninety (90) days, or by both such fine and imprisonment, in the discretion of the court. [1895; last amended 1899.] 1 Office of dairy and food commissioner abolished. See footnote following Sec. 289.83a, page 492. Compiled Laws 1948, Vol. 2, Ch. 289, Secs. 289.301 to 289.313-Eggs. [ED. NOTE.-These sections provide grade standards for including weight requirements for the various grades. The pertinent sections are not given in detail because their provisions relate primarily to quality.] [1939] Compiled Laws 1948, Vol. 2, Ch. 335-"Uniform Narcotic Drug Act." Sec. 335.60. Marking requirements. (1) Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells or dispenses a narcotic drug in a package prepared by him, he shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, of narcotic drug contained [1987] therein. 888243-51-32 Sec. 335.69. Enforcement. It is hereby made the duty of the Michigan board of pharmacy, its officers, agents, inspectors, and representatives, and of all peace officers within the state, and of all county attorneys, to enforce all provisions of this act [Secs. 335.51-335.77], except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state and of all other states, relating to narcotic drugs. [1937; last amended 1949.] Sec. 335.70. Penalty for violations. Any person violating any provision of this act [Secs. 335.51-335.77] shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 4 years or by a fine of not more than 2,000 dollars or by both such fine and imprisonment. [1937] Compiled Laws 1948, Vol. 3, Ch. 425-Mine Scales. Sec. 425.6. Testing of scales. The state coal mine inspector shall be ex-officio inspector of weights, measures and scales used at coal mines, and he is hereby empowered and it shall be his duty to test all the scales, correctly measure the weight of such coal, and if defects or irregularities are found in such scales, which prevent correct weights and measurements, the inspector shall call the attention of the mine owner, agent or operator to such defects, and shall direct the same to be at once properly adjusted and corrected. [1913] Sec. 425.7. Standard test weights; custody; expenses. For the purpose of carrying out the provisions of this act [Secs. 425.1-425.113], the state inspector shall be furnished by the state with a complete set of standard weights, suitable for testing the accuracy of track scales and of all smaller scales at mines. Such test weights shall remain in the custody of the inspector for use at any point within the state, and for any amounts expended by him for storage, transportation or handling of the same, he shall be fully reimbursed upon making entry of the proper items in his expense voucher. [1913] Sec. 425.8. Weighmen; oath; checkweighmen. All weighmen who shall perform the duty of weighing coal shall be sworn by some one competent to administer a legal oath, that they will perform their duty accurately and impartially as between employers and employes, and that they will honestly report and record all weights of coal with which they are entrusted. The coal mine employes shall have the right to name a competent and fair check weighman, who shall be paid by the employes and be sworn by one authorized to administer oaths. _[1913] Compiled Laws 1948, Vol. 4, Ch. 750-"The Michigan Penal Code." Sec. 750.9. Violation of statute not having specific penalty deemed misdemeanor. When the performance of any act is prohibited by this or any other statute, and no penalty for the violation of such statute is imposed, either in the same section containing such prohibition, or in any other section or statute, the doing of such act shall be deemed a misdemeanor. [1931] Sec. 750.33. False advertising prohibited; misdemeanor. Any person, who with intent to sell, purchase, or in anywise dispose of or acquire merchandise, securities, service or anything offered or sought by such person, directly or indirectly, to or from the public for sale, purchase or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto or any interest therein, makes, publishes, disseminates, circulates or places before the public, or causes directly or indirectly to be made, published, disseminated, circulated or placed before the public in this state, in a newspaper or by radio broadcast or other mode of publication or in the form of a book, notice, hand-bill, poster, bill, circular, pamphlet, letter or communication intended for a large number of persons, or in any other way, an advertisement of any sort regarding merchandise, securities, service or anything so offered to or sought from the public, or regarding the motive or purpose of a sale, purchase, distribution or acquisition which advertisement contains any assertion, representation or statement or illustration, including statements of present or former sale price or value, which is untrue, deceptive or misleading, or calculated to subject any person to disadvantage or injury through the publication of false or deceptive statements, shall be guilty of a misdemeanor: Provided, however, That the provisions of this section shall not apply to any owner, publisher, printer, agent or employe of a newspaper or other publication, periodical or circular, who in good faith and without knowledge of the falsity or deceptive character thereof, publishes, causes to be published or takes part in the publication of such advertisement. [1937; last amended 1941.] Sec. 750.504. Punishment of misdemeanors when not fixed by statute. A person convicted of a crime declared in this or any other act of the state of Michigan to be a misdemeanor, for which no other punishment is specially prescribed by any statute in force at the time of the conviction and sentence, shall be punished by imprisonment in the county jail for not more than 90 days or by a fine of not more than 100 dollars, or by both such fine and imprisonment. [1931] Sec. 750.561. False weights and measures; penalties. Any person who shall offer or expose for sale, sell, or use or retain in his possession, a false weight or measure or weighing or measuring device or any weight or measure or weighing or measuring device in buying or selling of any commodity or thing or for hire or reward; or who shall dispose of any condemned weight, measure or weighing or measuring device contrary to law or remove any tags placed thereon by the sealer of weights and measures; or any person who shall sell or offer or expose for sale less than the quantity he represents, or sell or offer or expose for sale any such commodity in any manner contrary to law, or any person who shall sell or offer for sale or have in his possession for the purpose of selling any device or instrument to be used to, or calculated to, falsify any weight or measure, shall be guilty of a misdemeanor. Upon a second or subse quent conviction he shall be guilty of a misdemeanor, punishable by imprisonment in the county jail not more than 1 year or by a fine of not less than 100 dollars or more than 500 dollars. [1931] Sec. 750.563. Penalty for false weighing of livestock, beef, pork, hay, grain, etc. Any person who shall weigh for any person purchasing, or selling, or offering for sale, any live stock, neat cattle, sheep, swine, poultry, or other live animals, or any beef, pork, mutton, fowls, or other animals when dressed, or any hay, grain or produce, and shall fail, neglect or refuse to make a true and correct weight or weights thereof or give to the pur chaser and seller, or person offering the same for sale, when requested, the true, full, correct and gross amount of any and all such weights, shall be guilty of a misdemeanor.1 [1931] 1 See Sec. 750.504, this page; punishment for misdemeanor. Sec. 750.564. Fruit or vegetable containers to hold quantity represented; penalty. Any person who shall offer for sale or sell in any township, city or village within this state, any fruits or vegetables contained in the drawers, cases, boxes or baskets, represented to hold one bushel or any fractional part thereof, which said drawers, cases, boxes or baskets shall not be of the dimensions to hold or shall not hold the quantity offered for sale or sold, whether by the bushel or 32 quarts or any fractional part thereof, shall be guilty of a mis demeanor. [1931] 1 See Sec. 750.504, this page; punishment for misdemeanor. Sec. 750.565. Fruit baskets to be marked as to number of pounds; penalty. Any manufacturer or shipper of or dealer in peach baskets or other fruit packages designed for the shipment of peaches, grapes and plums, who shall sell or offer to sell such peach baskets or other fruit packages without marking or causing to be marked in a plain manner on the outside, otherwise |