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been measured and stamped by the oyster inspector hereby laid and levied upon all shrimp canned and with a metal tag or stamp, showing the quantity packed in, and all shrimp shipped raw in or from of oysters which such measure will hold. It shall this state, and on all shrimp caught or taken from be the duty of the oyster inspector to make such the waters within the jurisdiction of the state of measurements and to visit for that purpose each Mississippi. place where oysters are bought and sold as required, All shrimp must be delivered into the ports or not to exceed once in each month during the can- harbors of this state whole and as taken from the ning season, and shall keep a book in which shall waters, and for the purpose of this act. (Sec. 6119] be recorded the dimensions of all vessels so meas- two hundred and ten (210) pounds of shrimp whole ured. And for each stamp the chief inspector shall and as taken from the waters shall be one barrel. receive the sum of twenty-five cents from the person, [1942; last amended 1948.] persons or corporation to whom it is issued. The chief inspector shall keep a book to be known as

Code 1942 Annotated, Vol. 5, Title 25, Ch. 6, Art. the "oyster measure record”, in which he shall reg

4-Food. ister the names of each person, firm or corporation Sec. 7109. Sale of misbranded food prohibited; penalty. to whom he has issued such stamp and the date of It shall be unlawful for any person, persons, firm, issuance; and said record shall be open for the in

or corporation, within this state, to manufacture for spection of the public during business hours; and for every false or fraudulent issuance of said stamp

sale, produce for sale, knowingly expose for sale,

have in his or their possession for sale, or sell any or for every stamp issued without a record thereof

article of food which is adulterated, misbranded or being kept, in the "oyster measure record", the

insufficiently labeled within the meaning of this chief inspector shall be guilty of a misdemeanor and

article [Secs. 7107-7129]; and any person, persons, shall, on conviction, be fined the sum of fifty dol

firm or corporation who shall manufacture for sale, lars, one-half of which shall be paid to the person

produce for sale, expose for sale, have in his or their or persons informing on the chief inspector.

possession for sale, or sell any article of food which [1902]

is adulterated, misbranded or insufficiently labeled Sec. 6087. Barrel for taxation purposes.

within the meaning of this article shall be guilty of In addition to the privilege licenses required by

a misdemeanor, and upon conviction thereof, shall this chapter (Secs. 6047–6131], further inspection

be fined not less than twenty-five dollars, nor more tax and fee of five cents (5) per barrel is hereby

than five hundred dollars, or be imprisoned not to laid upon all oysters canned and packed in, and on exceed ninety days, or both such fine and imprisonall oysters shipped raw in or from this state, on all ment; provided it shall be lawful to sell any article oysters caught or taken from the public reefs or

named herein which is up to the standard required private bedding grounds for packing, canning and by the national pure food law or any federal statute for shipment or sale raw. Whenever any oysters regulating or governing the manufacture or sale of have escaped collection of tax, as herein provided

such article. [1910] by reason of being opened or shucked on the reefs,

Sec. 7110. Definition. or anywhere on the waters, by reason of a failure of the proper record being kept according to law,

The term "food" as used in this article (Secs. so that a measurement in the shell, by the barrel,

7107–7129] shall include every article used for, or cannot be made hereunder, then for the purpose

entering into the composition of, or used or inof collecting the tax provided, six hundred opened

tended for use in the preparation of food or drink

for man, whether simple, mixed or compound. or shucked oysters shall constitute barrel. [1902; last amended 1948.]

(1910)

Sec. 7112. When food deemed misbranded.
Sec, 6104. Penalties for violations of chapter.
Any person, firm or corporation violating any of

An article shall be deemed to be mislabeled or

misbranded: the provisions of this chapter [Secs. 6047–6131], or any act amendatory hereto, unless otherwise pro

If in package form, and the contents are stated vided for shall on conviction be fined not less than

in terms of weight or measure, they are not plainly ten dollars, nor more than fifty dollars, for the first

and correctly stated on the outside of the package. offense and not less than twenty-five dollars nor

[1910] more than five hundred dollars for any subsequent Sec. 7113. Inspector of food: Appointment in counties, cities, offense, [1930]

and towns.

The board of supervisors of every county, and Code 1942 Annotated, Vol. 5, Title 23, Ch. 7, Art. 2-Shrimp.

the mayor and board of aldermen of every city,

town, and village, respectively, may appoint and Sec. 6119. Shrimp barrel, capacity for taxation purposes. commission a suitable person to be inspector of

In addition to the privilege licenses required, a food, and said boards may direct, from time to tax and fee of twenty-five cents (25) per barrel is time, what kinds of food shall be inspected. (1848]

a

Code 1942 Annotated, Vol. 5, Title 25, Ch. 6, Art. 4

Food— Continued. Sec. 7114. Same: Regulations for government of inspectors

and dealers; penalties.

The said boards may respectively make and publish all needful regulations for the government of the inspectors, and of dealers in food, and may enforce such regulations by proper penalties, and they may prescribe and regulate the compensation of the inspector and his fees and perquisites, and define his duties. (1892] Sec. 7116. Same: Liability for safe-keeping of standards of

weights and measures.

Every inspector of foods shall be liable, civilly and criminally, as other officers are, for fraud and any malfeasance or misfeasance in office, and shall be liable on his bond for the safekeeping and accounting for the standards of weights and meas

(1892)

ures.

Sec. 7117.1 Same: Keeper of weights and measures; sealing.

The inspector of food of any county, city, town, or village shall be keeper of the standards of weights and measures, and shall seal all weights and measures brought to him conforming or conformed to the standard. [1892]

1 See Sec. 5142, page 527. Sec. 7118.1 Instruments for gauging liquids to be furnished

inspectors; county and city boards to regulate inspection, gauging, and marking of packages.

In case it be necessary or proper, the board of supervisors, or the board of mayor and aldermen, shall supply the inspector with all the necessary instruments for gauging and ascertaining the contents of vessels of liquids; and such boards may direct and regulate the inspection, gauging, and marking or branding packages of liquids, and enforce such regulations. [1892)

1 See Sec. 5141, page 527; standard measures. Sec. 7119. Penalty for obstructing inspector.

Any person who shall oppose or obstruct any inspector of food in the discharge of his official duties, shall, for every such offense, forfeit and pay two hundred dollars, and shall, moreover, be liable for any injury or damage that may be sustained by any such opposition or obstruction. (1848] Sec. 7121. Underweight barrels of flour, meal, pork or beef

forfeited.1

If any person shall sell, keep, or offer for sale, any barrel of flour, meal, pork, or beef, as a barrel thereof, containing less than the standard weight net, he shall forfeit to the county all of such underweight flour, meal, pork, or beef which he may have in his possession. [1848)

1 See Sec. 5139, page 527; penalty for using short weights or measure.

Sec. 7124. State chemist charged with enforcement of food law.

The state chemist is hereby charged with the proper enforcement hereof, and the inspection, collection, examination and analysis of specimens of food to determine whether such articles are adulterated, misbranded or insufficiently labeled shall be carried out under his supervision. Such inspectors and chemists as are absolutely necessary for maintaining an inspection of goods manufactured, sold, offered or kept for sale, shall be appointed by the president and board of trustees of the Agricultural and Mechanical College on his recommendation

.. [1910] Sec. 7126. Inspectors: Right of entry.

In the execution of his duties, an inspector shall have free access at all reasonable hours to any place where foods are sold, and in calling for and taking a sample of any food, he shall tender the market price asked for it. [1910] Sec. 7127. Same: Interference with; penalty.

Any person or dealer who shall impede, obstruct, hinder, prevent or attempt to prevent an inspector in the performance of his duties, shall be guilty of a misdemeanor, and upon conviction, shall be fined not more than fifty dollars or be imprisoned in the county jail not more than ninety days, at the discretion of the court. [1910] Code 1942 Annotated, Vol. 6, Title 28, Ch. 7–Weigh

ing by Railroads. Sec. 7885. Railroads to weigh cottonseed; weight certificate;

penalty for failure to weigh or furnish certificate; liability of initial carrier; exception.

Every railroad in this state transporting cottonseed in carload lots shall weigh each carload of cottonseed so transported by it on demand either of the consignor or consignee unless the same has been weighed by a connecting carrier, and shall furnish to the consignor or the consignee of the said cottonseed, or both of them, a true statement of the weight of each car of seed shipped by or to such consignor or consignee upon demand, and for failure to igh such cottonseed or to furnish a statement as to the weight of such car of cottonseed, the said railroad company shall forfeit to the consignor or consignee, or both, the sum of one hundred and twenty-five dollars to be recovered by suit at the instance of the party to whom such information is refused. Provided, however, in the event any carload of cottonseed is shipped or transported over more than one railroad the same need not be weighed except by one of said carriers, but the initial carrier shall weigh the same or be responsible for the failure of the connecting carrier or carriers to weigh said car: Provided further, if the railroad has no scales available at destination of shipment or in transit and the oil mill should refuse the railroad permission to test-weigh on its

scales, then and in such event the penalty herein imprisoned in the county jail not less than one week provided shall not be imposed. [1928]

nor more than three months, or both. [1882]

1 See Sec. 4828, page 532; weigher's register. Sec. 7886. Weighing may be done by any bonded weigher.

Sec. 2372.1 Deduction as scalage; penalty. In case the common carrier cannot conveniently weigh on their scales, weighing may be done by any If any purchaser or weigher of cotton shall deduct bonded weigher, not in the employ of any oil mill, from the true weight of any bale or package thereof or weights may be taken by an agent of said com- any amount whatever, as scalage, with intent to mon carrier on the mill scales. Said bonded weigher diminish the sum to be paid or credited to the or agent of common carrier shall supply consignor

seller, he shall be guilty of a misdemeanor, and, on or consignee with correct weights upon demand of

conviction, shall be fined not less than ten dollars either or both. Charges for all weighing shall be nor more than twenty dollars. [1888] as now or hereafter adopted by the railroad com- 1 See Sec. 4828, page 532, gins; Sec. 7885, page 536, weighing mission. [1928)

by railroads.

Sec. 2373.1 Deduction as scalage, purchasers to account for Code 1942 Annotated, Vol. 2, Title 11, Ch. 1—Frauds actual weight; penalty. Relating to Cotton.

If any purchaser of cotton shall fail to account to Sec. 2063. Penalty for fraudulent packing of cotton.1

the seller for the actual weight of the cotton bought, If any person shall fraudulently pack or bale any

except where the amount of the deduction is agreed

upon between them, or adjudged by a disinterested cotton, he shall, on conviction thereof, be fined not more than five hundred dollars, or imprisoned in

person for them, he shall be guilty of a misdethe county jail not more than six months, or both.

meanor, and, on conviction, shall be punished as

prescribed in the last section. (1888) [1848]

1 See Sec. 4828, page 532; gins. 1 See Sec. 4827, page 532; gins.

Code Annotated 1942, Vol. 2, Title 11, Ch. 2-MisSec. 2065. Traders in seed-cotton to keep register 1; penalty.

demeanor. Every person who buys or barters for seed-cotton,

Sec. 2562. Penalty for misdemeanor where none fixed elsewhere and fails to enter in a book or register the names

by statute. of all persons from whom he buys or procures by Offenses for which a penalty is not provided barter such cotton, the date of the transaction, the elsewhere by statute, and offenses indictable at comquantity received, and the place where said to have mon law, and for which a statutory penalty is not been grown, or to allow an inspection of such elsewhere prescribed, shall be punished by fine of entries at any time by any person interested to make not more than five hundred dollars and imprisonit, shall, on conviction, be fined not less than twenty ment in the county jail not more than six months, dollars nor more than two hundred dollars, or be or either. [1857]

sures

Revised Statutes Annotated, Vol. 13, Ch. 32, Art. 1“Liquor Control Act”

Pago Sec. 4889 Nature, form and capacity of packages fixed by supervisor

544 Revised Statutes Annotated, Vol. 14, Ch. 33, Art. 2—

Grain Shipments
Sec. 5228 Grain shipped to be weighed by railroad;

weight receipt; shortage made up 544 5250 Railroad corporation defined

545

Revised Statutes Annotated, Vol. 27, Ch. 142, Art. 1-
Weights and Measures

Page Sec. 15624 County clerk to procure weights and meas

540 15625 Clerk to give notice; commercial weights

and measures to correspond; penalty--- 540 15626 County clerk to seal weights and measures 541 15627 Standard hundredweight and ton

541 15628 Standard bushel

541 15629 Plank and sawed timbers to be sold by board measure

541 15630 Flour, meal, hominy and hominy grits:

Standard weight containers; exceptions; violation a misdemeanor

541 15631 Fraudulent weighing of ore; penalty

541 15632 Sale of grain, coal, etc., to be made at actual weight; penalty for deductions

542 15633 Sale of coal; certificate of weight required; penalty for violations

542 15634 Agent's or broker's contract to sell grain, etc.; restrictions; penalty

542 15634.1 Inspection and testing of weights and meas

ures; authority of commissioner of agri-
culture or his agents

542 15634.2 Tagging as "Condemned for Repairs”

weighing or measuring devices not meet

ing requirements; use a misdemeanor 542 15634.3 Right of entry; hindering Commissioner misdemeanor

542 15634.4 Purchase of supplies by commissioner; rules and regulations

542 Revised Statutes Annotated, Vol. 16, Ch. 38, Art. 14

Classification of Cities
Sec. 6212 Cities of the first class: Definition

543 6213 Cities of the second class: Definition

543 6214 Cities of the third class: Definition

543 6215 Cities of the fourth class: Definition

543 6216 Villages: Definition

543

Revised Statutes Annotated, Vol. 15, Ch. 35, Art. 2–

Railroad Track Scales Sec. 5615 Common carrier to furnish facilities for testing track scales

545 Revised Statutes Annotated, Vol. 15, Ch. 35, Art. 4

Gas, Water and Electric Meters Sec. 5648 Inspection

545 Revised Statutes Annotated, Vol. 20, Ch. 57, Art. 1A

Department of Public Health and Welfare
Sec. 9759.1 Department created; divisions; powers;

certain commission and boards abolished 546 9759.13 Powers and duties of state board of health

transferred to department of public

health and welfare; division of health. 546 9759.22 Foods and drugs: Powers and duties of division of health

546

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Revised Statutes Annotated, Vol. 21, Ch. 58, Art. 1

Food, Drugs and Cosmetics Sec. 9857 Definitions

546 9858 Prohibited acts

547 9859 Injunction

547 9860 Penalties for violations; guaranty protection

547 9861 Tagging, embargoing, etc. of misbranded articles

548 9863 Minor violations; notice or warning 548 9864 Federal Act: Regulations more stringent

than, prohibited: compliance with stand-
ards of deemed compliance with this
act

548 9866 Food: When deemed misbranded; tolerances; exemptions

548 9868a Act shall not apply to animal food grown

on farm or to properly labeled prepared
food for animals or to garbage

548 9870 Drug or device: When deemed misbranded; tolerances; exemptions

548 9873 Cosmetics: When deemed misbranded; tolerances; exemptions

549 9874 False advertisements

549 9875 Regulations for enforcement

549 Revised Statutes Annotated, Vol. 21, Ch. 58, Art. 8

Locker Plants Sec. 9980.101 Definitions

549 9980.112 Report of weight and quantity may be required

549 9980.116 Failure to comply cause for revocation of license; injunction

549 Revised Statutes Annotated, Vol. 21, Ch. 71-Public

Mills Sec. 10314 Definition

549 10316 Rates of toll

549 10320 Owner to keep measures

549 10321 Penalty for violations

550

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