Revised Statutes Annotated, Vol. 21, Ch. 71-Public Mills Continued.

material which shall be made thereof; and shall always keep at such mill a half bushel and a peck measure, tried and sealed by the clerk of the county court, and proper toll dishes for such measures. [1825]

Sec. 10321. Penalty for violations.

Any owner, keeper or occupier of a public mill, who shall violate any of the provisions of this chapter [Secs. 10314 to 10324], shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined not less than five nor more than fifty dollars. [1835; last amended 1851.] Revised Statutes Annotated, Vol. 25, Ch. 102, Art. 6-"The Missouri Dairy Law."

Sec. 14112. Babcock test to be used.

When milk or cream is bought on a butterfat basis, the Babcock test must be used. It shall be unlawful for any person to manipulate, under-read or over-read the Babcock test or any other contrivance for determining the quality or value of milk or cream, or to falsify or fail to keep the record thereof, or to pay for such milk or cream on the basis of any measurement, grade, weight or test except the true measurement, grade, weight or test: Provided, that any person selling milk or cream under the provisions of this law [Secs. 14097-14132], who is dissatisfied with the grade or test designated for his milk or cream, shall be entitled to receive pay for such milk or cream on the grade or test as made and reported to him without waiving his right to protest the accuracy thereof; and such seller shall have the right to have his milk or cream officially graded or tested, under the procedure by him and the buyer thereof jointly taking an average sample of the said milk or cream and submitting such sample (marked as a "joint sample") to either of the following, as selected by the seller: (a) to an agent of the commissioner of agriculture, or (b) to the laboratory of the state department of agriculture, or (c) to the dairy department of the Missouri college of agriculture and experiment station, or (d) the laboratory of the state board of health: Provided further, that the grade or test made and decided by any one of the foregoing persons, departments, or institutions shall be final, and either the seller or the buyer shall be entitled to receive any financial adjustment due him on the basis of the final grade or test made as provided in this section. [1939] Sec. 14128A. Cheese deemed misbranded, when.

Cheese shall be deemed to be misbranded:

(1) If its label is false or misleading in any par

ticular;

(4) If in package form unless it bears a label containing:

(b) An accurate statement of the quantity of the contents in terms of weight and measure; [1945]

Sec. 14130. Penalty for violating dairy law.

Any person, or any officer, agent, representative, servant or employee of such person, who violates any of the provisions of this law [Secs. 1409714132] shall be deemed guilty of a misdemeanor1 and punished as provided by law, and in addition thereto his or their license shall be subject to sus pension or revocation by the commissioner as pro vided in this law. [1939]

1 See Sec. 4853, page 556, punishment for misdemeanor. Revised Statutes Annotated, Vol. 25, Ch. 102, Art 18-Marketing of Farm Products.

Sec. 14288. Commissioner of agriculture to establish and enforce standards of weights and measures.

The commissioner of agriculture shal have authority to establish, administer and ir course of his duties enforce the standards of grades weights and measures established and/or recom mended by the United States department of agri culture, except as otherwise provided by the law: of this state. [1933]

Revised Statutes Annotated, Vol. 25, Ch. 102, Art 19-Standards for Containers for Agricultural Prod

ucts.

Sec. 14290. Definitions.

(b) "Agricultural products" shall include horti cultural, viticultural, dairy, bee, and any farm product.

(d) The term "Commissioner" shall mean the Commissioner of Agriculture of the Missouri Stat Department of Agriculture.

(i) The term "bushel", as applied to apples sole by volume means 2150.4 cubic inches; the term "bushel," as applied to apples sold by weight means 48 pounds. [1925; last amended 1941.]

Sec. 14291. Commissioner to fix standards.

In order to promote, protect, further, and de velop the agricultural interests of this state the commissioner [of agriculture] is hereby authorized and empowered after investigation and publi hearing to fix and promulgate officia standards for containers of farm products and change any of them from time to time. [1925] Sec. 14292. Commissioner to specify dates when standard become effective.

In promulgating the standards or any alteration or modifications of such standards the commis

sioner [of agriculture] shall specify the date or dates when the same shall become effective and shall give public notice not less than 30 days in advance of such date or dates by such means as he deems proper, and he is hereby authorized and empowered to employ reasonable methods for diffusing information concerning the standard that may be fixed by him for any agricultural product or container. [1925]

Sec. 14293. Commissioner authorized to cooperate with United States or any department.

The commissioner is authorized to fix and promulgate as the official standard for this state for any agricultural product or container the standard for such product or container which may have been promulgated or announced therefor under the authority of the congress of the United States, and in carrying out the provisions of this article [Secs. 14290-14305] the commissioner is authorized to cooperate with the United States or any department thereof in accomplishing the matters and things provided for herein. [1925]

Sec. 14300. Containers must comply with standards; penalty. Whenever any standard for a container for an agricultural product becomes effective under this article [Secs. 14290-14305], no person thereafter shall manufacture for commerce within the jurisdiction of this state, or sell, ship, or offer for sale in such commerce any container, either filled or unfilled, to which the standard is applicable which does not comply with such standard subject to such tolerances as may be permitted under this article. Any person violating this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25.00 or not more than $100.00. [1925]

Revised Statutes Annotated, Vol. 25, Ch. 102, Art. 22-Commercial Feeding Stuffs.

Sec. 14319. Definition.

The term "commercial feeding-stuffs" shall be held to include all feeding-stuffs used for feeding livestock and poultry, except whole seeds or grains, the unmixed meals made directly from the entire grains of corn, wheat, rye, barley, oats, buckwheat, flaxseed, kaffir, and milo, whole hays, straws, cotton seed hulls and corn stover, pure corn chops and pure ground ear corn, when the same are not mixed with other materials, but the term shall not apply to other materials containing sixty (60) per cent or more of water. [1917; last amended 1929.]

Sec. 14320. Marking requirements; standard weight packages.

Every bag, package, lot or parcel of commercial feeding-stuffs 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 thereof, containing a legible and plainly printed statement in the English language, clearly and truly certifying: (a) the net weight of the contents of the package; *: Provided further, that all packages of feeds shall be in standard weight packages of five, eight and one-third, ten, twenty-five, fifty, one hundred, one hundred and fifty or two hundred pounds. [1917; last amended 1929.]

Sec. 14330. Penalties for violations.

Any person who shall violate any of the provisions of this article [Secs. 14319-14333] or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent any representative of the commissioner [of agriculture] in the performance of his duties shall be guilty of a misdemeanor.1 * [1929; last amended 1939.]

1 See Sec. 4853, page 556, punishment for misdemeanor. Sec. 14331. Rules and regulations for enforcement.

The commissioner [of agriculture] is hereby empowered to prescribe and enforce such rules and regulations as may be necessary for the enforcement of this article [Secs. 14319-14333]. [1929; last amended 1939.]

Revised Statutes Annotated, Vol. 25, Ch. 102, Art. 22—"Honest Label Dog Food Law."

Sec. 14333.2. Definitions; enforcement.

The following words, terms and definitions, when used in this act [Secs. 14333.1-14333.15], shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a) The term "dog food", when used in this act, shall be understood to mean any article of "commercial mixed food", whether simple, mixed or compound, packed in cans or hermetically sealed containers and used for food for dogs; provided, however, that the "commercial mixed food" referred to in this section shall not be construed to apply to the "dry commercial mixed dog foods" which are manufactured for sale in this state, or sold, offered or possessed for sale, exchange, barter or trade in this state; and it is further provided that the said "dry commercial mixed dog foods" shall henceforth be subject to all of the requirements of Article 22 of Chapter 102, Revised Statutes of Missouri, 1939, entitled "Commercial Feedingstuffs".

(b) The term "Commissioner" means the Commissioner of Agriculture of the Missouri State Department of Agriculture, who is charged with the enforcement of the law and regulations governing the distribution of "dog food" in the State of Missouri.

(e) The term "label" means any written, printed, or graphic matter upon any can or hermetically

Revised Statutes Annotated, Vol. 25, Ch. 102, Art. 22 -"Honest Label Dog Food Law”—Continued. sealed container, bag or package or bulk of "dog food". [1941]

Sec. 14333.3. Mislabeling prohibited.

No person shall, within this state, manufacture, sell, distribute, offer or expose for sale any "dog food", which is adulterated, mislabeled or unregistered, within the meaning of this act [Secs. 14333.1-14333.15]. [1941]

Sec. 14333.5. When dog food deemed to be mislabeled. "Dog food" shall be deemed to be mislabeled: (a) If it is not labeled; or

(b) If the label contains any inaccurate statements, or does not conform in all particulars with the label approved by the said Commissioner [of agriculture] in connection with the registration of the distributor's "dog food" under this act [Secs. 14333.1-14333.15].

association, who personally ordered, did, or knowingly permitted any of the acts or omissions constituting in whole or in part such violations. [1941]

1 See Sec. 4853, page 556, punishment for misdemeanor. Sec. 14333.14. Temporary withdrawal from sale.

In addition to the other penalties imposed in this act [Secs. 14333.1-14333.15], any lot of "dog food" sold, offered or exposed for sale contrary to the provisions of this act may, by the Commissioner [of agriculture] or his duly authorized representative, in the course of the performance of inspection duties, be ordered temporarily withdrawn from sale, pending either (a) an informal adjustment according to law between the Commissioner or his authorized representative and the person, firm or corporation in charge of the lot or parcel of "dog food" in question, or (b) the filing of a formal complaint, without undue delay, with the attorney general or prosecuting attorney. [1941]

Revised Statutes Annotated, Vol. 26, Ch. 109, Art 1-"Missouri Grain Warehouse Act."

Sec. 14685.2. Missouri grain warehouse department; weigh ing.

That a state department of record to be desig nated as the "Missouri Grain Warehouse Depart ment" is hereby established and is hereinafter referred to as "the Department". Said department shall have the exclusive right to inspect or grade all grain and certify the grade thereof at all places where stations of said department are now or may hereafter be established; provided, that the owner may direct that his grain may not be inspected by writing or stamping upon the bill of lading therefor, or by other notice to the department in writing timely given, the words "No inspection desired," or by other words to the same effect Said department shall have the exclusive right to weigh or supervise the actual weighing of grain in licensed public warehouses subject to the provision of this act [Secs. 14685.1-14685.58] and may weigh or supervise the actual weighing of grain in privat warehouses or industries upon application of th owners or operators thereof and their agreement t guarantee the operating costs; provided, tha nothing in this act contained shall be deemed t limit or abrogate the right of grain exchanges o boards of trade to weigh or supervise the weighin of grain in such private warehouses or industries Said department is authorized and empowered, i the discretion of the Grain Warehouse Commi sioner, to establish, maintain, and operate chemica laboratories and inspection and weighing station covering all or any part of its services at importan railway terminals and points where organized grai markets are regularly maintained, and at othe points where operating costs are guaranteed b special arrangements with the industries served o

the managing officers in charge thereof. Said department shall have supervision and regulation of all warehouses operated under the provisions of this act relative to the storage of grain. Where a part or portion of a warehouse or elevator is licensed for storage purposes as herein provided for, the right of the department to weigh or supervise the weighing of grain therein shall be confined to such part of such warehouse or elevator as is licensed. The department may supervise the weighing or weigh in the balance or other portions of such warehouses or elevators upon application of the owners or operators thereof as in the case of private warehouses or elevators as hereinabove provided for. [1941]

Sec. 14685.7. Duties of commissioner.

It shall be the duty of the Grain Warehouse Commissioner to have a general supervision of the sampling, inspection, weighing, and public warehousing of grain as required by this act [Secs. 14685.1-14685.58], to supervise the handling, sampling, inspection, weighing, and storage of grain in public warehouses; to supervise protein or other chemical analysis of grain where laboratories are now or may hereafter be established; to establish necessary rules and regulations for all the aforesaid functions, and for the management of the public warehouses of the state, as such rules may be necessary to enforce the provisions of this act; to keep proper records of all sampling, inspection, weighing, protein or other chemical analysis performed under the provisions of this act, for which purpose he shall have provided books, blanks and other material needed in order to keep perfect and proper records; to fix the fees in accordance with provisions of this act; to represent the grain department in all matters requiring his attendance within and without the state of Missouri; to employ and pay the necessary personnel in accordance with provisions of this act.

It shall be the duty of the Commissioner to appoint all necessary personnel required to perform the functions of the department under his supervision, such personnel including chief inspectors and inspectors, chief weighmasters, weighers, warehouse examiners, samplers and helpers, chief clerks and clerks, chief chemists and assistant chemists, chief scale inspectors and assistant scale inspectors, chief registrars and assistant registrars, stenographers, and such additional personnel as seasonable demands may require from time to time. [1941]

Sec. 14685.8. Fees.

The Commissioner [Grain Warehouse Commissioner] shall have full power to fix the fees for sampling, inspection, weighing

or for additional services of whatever nature consistent with the provisions of this act [Secs. 14685.114685.58], which fees shall be regulated in such

manner as will, in the judgment of the Commissioner produce sufficient revenue to meet the necessary expenses of the services of sampling, inspection, weighing ', and for administration

and clerical work in connection therewith. All fees shall be turned into the State Treasury and set up as a special fund to the credit of the Grain Warehouse Fund, and all fees so turned into the State Treasury from services performed in accordance with the provisions of this act are hereby reappropriated to the Department for the purpose of paying all salaries and expenses necessary for complying with the provisions of this act, and paying all other expenses incurred in the administration of the department. * * * All fees collected shall be paid monthly into the State Treasury and become a part of the grain inspection, weighing and public warehouse fund of the State, the earnings of each month to be paid into said treasury on or before the 20th day of the month following the one during which such fees were earned; provided, however, that at the end of each biennial period all money remaining in said fund in excess of thirty thousand dollars shall be transferred by the State Treasurer and become a part of the general revenue fund. [1941]

Sec. 14685.11. Bonds of weighmasters.

All duly authorized * supervising weighmasters and warehouse examiners shall execute corporate surety bonds in the penal sum of ten thousand dollars, and all duly authorized samplers, inspectors and weighmasters shall execute corporate surety bonds in the penal sum of five thousand dollars. All said bonds shall be executed by the aforesaid for the faithful performance of their respective duties with surety to be approved by the Commissioner [Grain Warehouse Commissioner]. [1941]

Sec. 14685.12. Negligent or unlawful acts of weighers; penalty.

Any duly authorized officer or employee appointed under the provisions of this act [Secs. 14685.1-14685.58] who shall be guilty of neglect of duty, or who shall knowingly or carelessly inspect, test, or weigh any grain improperly, or who shall accept any money or other valuable consideration, directly or indirectly, for any neglect of duty as such duly authorized officer or employee, or any person who shall improperly influence any duly authorized officer or employee in the performance of his duties as such officer or employee shall be deemed guilty of a misdemeanor and on conviction thereof shall be fined in a sum not less than one hundred dollars nor more than one thousand dollars, or shall be imprisoned in the county jail, or if in the city of St. Louis the jail of said city, not less than six nor more than twelve months, or both such fine and imprisonment in the discretion of the court. [1941]

Revised Statutes Annotated, Vol. 26, Ch. 109, Art. 1— "Missouri Grain Warehouse Act"-Continued.

Sec. 14685.14. Persons who may inspect, weigh or supervise weighing of grain; penalty against unauthorized weigher or supervisor; exception.

to law.

The inspection, weighing, or supervising of actual weighing of grain in this state whether into or out of licensed public warehouses or public elevators or portions of elevators and warehouses so licensed for public storage operations, subject to the provisions of this act [Secs. 14685.1-14685.58], or in cars, barges, wagons, trucks, or sacks at points where state grain inspection or weighing is established shall be performed by such persons as have been duly appointed by the Commissioner [Grain Warehouse Commissioner] and qualified according any person who shall weigh or supervise the weighing of grain in public warehouses where state grain weighing is established and who has not been duly appointed by the Commissioner or directed by a State weighmaster so to do, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail, or if in the City of St. Louis in the city jail of said city, for not less than three months nor more than six months, or both such fine and imprisonment, at the discretion of the court, for every such offense so committed; provided, nothing in this section shall apply to the inspection of grain when the bill of lading is marked "no inspection desired" or words to that effect, as provided in Section 2 [Sec. 14685.2] of this act. [1941]

Sec. 14685.15. Weighing or supervising weighing of grain; certificate; scales.

It shall be the duty of grain weighmasters appointed by the Commissioner [Grain Warehouse Commissioner] as in this act [Secs. 14685.114685.58] provided to weigh or to supervise the actual weighing of all grain as provided for in the provisions of this act, and the certificate of weight of such weighmasters in the discharge of their duties shall be the basis of settlement between the buyer and seller. Such weighmasters shall have the entire control, subject to the supervision of the Commissioner, of the scales under their supervision. [1941]

Sec. 14685.17. Terminal public warehouse defined.

The term terminal public warehouse, as used in this act [Secs. 14685.1-14685.58], shall mean any public warehouse located in any city in this State which now has or may hereafter have a population of seventy-five thousand or more, or a local public warehouse in this state, the owner or operator of which requests and obtains state inspection and weighing and guarantees the expense thereof; provided, any such elevator or warehouse not in excess of one-hundred fifty thousand bushels mea

sured capacity shall be deemed a local public warehouse within the meaning of this act unless the operator thereof shall make application for a license as a terminal public warehouse and shall guarantee the expense of weighing and inspection therein. [1941]

Sec. 14685.18. "Local public warehouse" defined.

The term local public warehouse as used in this act [Secs. 14685.1-14685.58] shall mean any public warehouse which is not a terminal public warehouse as defined in the preceding section. [1941] Sec. 14685.23. Certificate of weight.

All grain taken into a local public warehouse shall be carefully weighed by the warehouseman or one of his employees, and a certificate of weight, the form of which shall be approved by the Commissioner [Grain Warehouse Commissioner], shall be issued, and the weight so shown by said certificate shall be stated on the warehouse receipt. [1941]

Sec. 14685.28. Charge allowed for risk and shrinkage.

Sec. 14685.41. Testing of scales; use of inaccurate scales.

And all scales used for the weighing of property in public warehouses shall be subject to tests by any scale inspector duly appointed and au thorized by the Commissioner [Grain Warehouse Commissioner] at any time when required by any such officer. Any public warehouseman who shal use for grain weighing scales that have been found on such inspection to be inaccurate until afte the same have been pronounced correct and prop erly sealed shall be liable to be proceeded agains as hereinafter provided.1 [1941]

1 See Sec. 14685.44 below.

Sec. 14685.44. Hearing as to violations; revocation of licens

The Commissioner [Grain Warehouse Commi sioner] is authorized, upon information, know edge and belief, that any licensee, holding a licens under the provisions of this act [Secs. 14685.1 14685.58], has violated any of the provision thereof, to conduct a hearing respecting any suc violation. *. If at the conclusion of suc hearing the Commissioner finds that the provision of this act have been violated by any licensee hol ing a license herein, such Commissioner may r voke and annul such license, and in such case h may refuse to grant a new license to a license whose license may be so revoked, or to anyon either directly or indirectly, engaged with suc licensee in said business, for the period of or year. [1941]