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Sec. 14685.48. Official weigh-ups and inspections.

Every terminal public warehouseman operating under a terminal warehouse license is required to have an official weigh-up and inspection or examination annually of the different kinds of grain, at such time or times as may be directed by the Commissioner (Grain Warehouse Commissioner] during such period; provided, however, that the Commissioner may for good cause shown grant a reasonable extension of time. The Commissioner may also cause partial weigh-ups by measurements or otherwise at such times as the Commissioner may direct. Every local public warehouse operating under a local warehouse license shall be required to have official weigh-ups by measurement or otherwise at such times as the Commissioner may deem necessary. (1941) Sec. 14685.50. Reinspection and weighing of grain in public terminal elevators.

Operators of public terminal elevators, may, with the consent of the Commissioner Grain Warehouse Commissioner), call a reinspection and weighing of grain in the elevator, and upon the surrender of outstanding warehouse receipts in the discretion of the Commissioner, before or at the completion of said reinspection and weighing, same may be cancelled and new warehouse receipts issued therefor, such reinspection and weighing to be made under regulations prescribed by the Commissioner. [1941] Sec. 14685.51. Device to remove dirt, etc., before grain is offi. cially weighed forbidden.

It shall be unlawful for any person, company, or corporation to install or continue to maintain at any elevator, mill, or warehouse where official state weights are given any blower, suction fan, cleaner, or other device for the purpose of removing dirt, seeds, sticks, chaff, or any like substance from grain unloaded into said elevator, mill, or warehouse before the grain has been officially weighed. (1941) Revised Statutes Annotated, Vol. 26, Ch. 109, Art.

2-Inspection of Oils. Sec. 14700. Measuring devices to be tested.

It is also made the duty of said inspector [state inspector of oil], in addition to his other duties in person or by deputy or special agent, and at least once in every six months, to carefully test and inspect the measuring devices or other instrumentalities used by any person, firm or corporation selling gasoline and motor vehicle fuels at retail, in this state, in quantities aggregating more than two hundred gallons monthly, in measuring such gasoline and motor vehicle fuels so sold and when he finds that such measuring device or instrumentality does not correctly and accurately register and measure the amount and quantity sold, shall

require the correction, removal or discontinuance of the same.

(1919; last amended 1925.] Sec. 14701. Inspectors to keep records which shall be open to inspection.

The inspector and deputy inspectors shall keep a full and accurate record of all premises and measuring devices by them examined, inspected or tested, and of the conditions by them found in making such examination and inspection, with his orders regarding same, and such record shall be kept in a book provided by the state for that purpose, and shall be open to inspection by the governor and all other persons interested. [1870; last amended 1921.] Sec. 14702. Penalty for violating two preceding sections.

Any person violating any of the provisions of sections

[14700 and] 14701 shall be deemed guilty of a misdemeanor. [1919) Sec. 14710. Penalty for violation of article.

Any person violating any of the provisions of article 2, chapter 109, Revised Statutes of Missouri, 1939, except when otherwise provided, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not less than fifty dollars nor more than five hundred dollars or by imprisonment in the county jail not exceeding one year or by both such fine and imprisonment. [1939] Revised Statutes Annotated, Vol. 26, Ch. 111, Art.

1_Mine Scales.

and any

Sec. 14805. Screening coal before weighing prohibited.

It shall be unlawful for any mine owner, lessee or operator of coal mines in this state, employing miners at bushel or ton rates, or other quantity, to pass the output of coal mined by said miners over any screen or any other device which shall take any part from the value thereof before the same shall have been weighed and duly credited to the employee sending the same to the surface, and accounted for at the legal rate of weights as fixed by the laws of Missouri; owner, agent or operator of any coal mine in this state who shall knowingly violate any of the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars for each offense, or by imprisonment in the county jail for a period of not less than sixty days nor more than six months, or by both such fine and imprisonment; proceedings to be instituted in any court having competent jurisdiction. [1885; last amended 1899.] Sec. 14806. Weighman and checkweighman; oath; penalty for violation of duty.

The weighman employed at any mine shall subscribe an oath or affirmation before a justice

Revised Statutes Annotated, Vol. 26, Ch. 111, Art. 1- coal or said product, or who shall knowingly resort Mine Scales—Continued.

to, permit or employ any person or means what. of the peace, or other officer, authorized to ad

soever, by reason of which said product of the minister oaths, to do justice between employer

mine is not correctly weighed and reported in and employee, and to truly and correctly weigh

accordance with the true weight and the provisions the output of coal from the mines as herein pro

of this article [Secs. 14783–14815), shall be deemed vided. The miners employed by or engaged in

guilty of a misdemeanor, and shall, upon convicworking for any mine owner, operator or lessee of

tion for each and every offense, be punished by a any mine in this state shall have the privilege, if

fine of not less than two hundred dollars, nor more they desire, of employing at their own expense a

than five hundred dollars, or by imprisonment in check weighman, who shall have like equal rights,

the county jail for a period not to exceed ninety powers and privileges in the weighing of coal as

days, or by both such fine and imprisonment; prothe regular weighman, and be subject to the same

ceedings to be instituted in any court of competent oath and penalties as the regular weighman. Said

jurisdiction. [1885; last amended 1899.] oath or affirmation shall be kept conspicuously Sec. 14808. Loaders; manner of weighing. posted in the weigh office, and any weigher of coal

The manner of weighing, as hereinbefore proor person so employed, who shall knowingly violate

vided for, shall apply to the class of workers in any of the provisions of this article (Secs. 14783– 14815), or any owner, operator or agent of any

mines known as loaders, engaged in mines wherein coal mine in this state who shall forbid or hinder

the mining is done by machinery, whenever the

workmen are under contract to load coal by the miners employing or using a check weighman as herein provided, or who shall prevent or willfully

bushel, ton, or any quantity the settlement of

which is had by weight. [1885) obstruct any such check weighman in the discharge of his duty, shall be deemed guilty of a Sec. 14809. Inspector to test scales; penalty for refusing test misdemeanor, and upon conviction shall be pun.

or failing to put scales in proper adjustment. ished by a fine of not less than one hundred The coal mine inspector of this state shall be dollars nor more than five hundred dollars for ex officio inspector of weights, measures and scales each offense, or by imprisonment in the county used at coal mines, and he is hereby empowered jail for a period not less than thirty days nor more and it shall be his duty to test the scales used to than ninety days, or by both such fine and im- weigh coal mined in the mines of this state at least prisonment, proceedings to be instituted in any every six months, to ascertain whether or not such court having competent jurisdiction. Whenever the scales correctly measure the weight of such coal, coal mine inspector shall be satisfied that the pro- and if defects or irregularities are found in such visions of this section have been willfully violated, scales which prevent correct weights and measureit shall be his duty to forthwith inform the prose- ments the inspector shall call the attention of the cuting attorney of any such violation, together with mine owner, agent or operator to said defects and all the facts in his knowledge, and the prosecuting direct that the same be at once properly adjusted attorney shall thereupon investigate the charge so

and corrected. If the owner, agent or operator of preferred, and if he be satisfied that the provisions any coal mine in this state shall refuse to allow of this section have been so violated, it shall be his such inspector to properly test the scales used at duty to prosecute the person or persons guilty such mine or mines, or shall fail or refuse to put thereof. [1885; last amended 1895. s

such scales in proper adjustment and condition, Sec. 14807. Owner or operator to furnish scales; penalty for

so that the same shall correctly weigh the coal using false scales.

mined after being notified by said inspector so to Every owner, agent or operator of any coal mine

do, such owner, agent or operator shall be deemed in the state, employing miners at bushel or ton

guilty of a misdemeanor, and upon conviction rates, shall provide at such mine or mines accurate

thereof, shall be fined not exceeding five hundred and suitable scales of standard manufacture upon

dollars, or be confined in the county jail not exwhich shall be weighed all coal coming out of

ceeding six months, or both, in the discretion of such mine or mines; said scale or scales to be

the court, and it shall be the duty of the proselocated at a reasonable distance from the point

cuting attorneys in the respective counties to where the coal is delivered to the surface opening

prosecute any person, firm or corporation violating of the mine or mines, and in no case shall said

the provisions of this section the same as in other

misdemeanor cases. [1899] scale or scales be located at a greater distance from said surface opening of the mine or mines than Revised Statutes Annotated, Vol. 13, Ch. 31, Art. one hundred 'feet. Any owner, agent, operator, 9-Misdemeanors. person, or persons having or using any scales or scale for the purpose of weighing the product of

Sec. 4853. Punishment of misdemeanor when not fixed by law. the miners' labor, and so arranges or constructs Whenever any offense is declared by statute to said scale or scales, or by any contrivance therewith be a misdemeanor, and no punishment is preconnected causes the fraudulent weighing of such scribed by that or any other statute, the offender

shall be punished by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment. [1835; last amended 1919.] Revised Statutes Annotated, Vol. 13, Ch. 31, Art.

8-False Advertising. Sec. 4698. Unlawful acts; penalty.

Any person, firm, corporation, or association who, with intent to sell or in anywise dispose of merchandise, securities, service, or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner enter into any obligation relating thereto, or to acquire title thereto, or an 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 other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service, or anything so offered to public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading, shall be guilty of a misdemeanor, and shall upon conviction thereof be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than ten days nor more than ninety days, or by both such fine and imprisonment: Providing, that nothing herein shall apply to any proprietor or publisher of any newspaper or magazine who publishes, disseminates or circulates any such advertisement without the knowledge of the unlawful or untruthful nature of such advertisement. [1915)

888243-51-86

ures

evised Codes 1935, Vol. 2, Political Code, Ch. 330 Weights and Measures

Page C. 4212

Standards; tolerances and specifications;
penalty

561 4213 Unit of extension

561 4214 Division of the yard

561 4215 Rod, mile, and chain

561 4216 Acre

561 4217 Unit of weights

561 4218 Division of pound; hundred-weight; ton. 561 4219 Unit of liquid measure

561 4220 Barrel and hogshead

561 4221 Unit of dry measure

561 4222 Division of the half-bushel

561 4223 Division of capacity for commodities sold by heap measure

561 4224 Heap measure

562 4225 Contracts construed

562 4226 Standard ton and bushel

562 4227 Penalty for demanding, exacting or taking

more than the prescribed number of
pounds per bushel or per ton

562 4228 Measurement of hay in the stack..

562 4234 Penalties for using, marking or stamping false weights and measures

563 4235 State sealer of weights and measures; deputies; bond

563 4236 Same: Powers and duties

563 4237 Same: Authority to perform acts authorized 563 4238 Same: Duties and powers; deputies

563 4240 Use of weights and measures before testing; sealing; penalty

563 4241 Weights and measures adjusted annually--- 563 4242 State sealers and deputies to enter and test

devices annually; drivers of vehicle to
show weight ticket on demand

564 4243 Testing and sealing of measuring and computing devices

564 4244 Packages or amounts of commodities sub

ject to testing; wagon scales to be tested;

police powers of sealers and deputies---- 564 4245 Track scales; power to condemn; penalty

for wilful short weighing or measuring 564 4246 Package labels; commodities and articles of

merchandise; sale by net weight, measure,
or count; tolerances; refusal to exhibit
for test; standard berry containers; penal-
ties

565 4247 State sealer: Records and reports

566 4248 False sealing; penalty

566 4249 Trade devices to be marked and stamped;

exceptions; apothecaries' weights and
measures to be tested and sealed

566 4250 Sealer to adjust weights or forbid use; penalty

566 4251 Condemning or confiscating scales; family scales; damages not allowed

566 4252 Seizure as evidence; return or forfeiture 566 4253 Itinerant vendors' scales to be tested annually

567 4254 Milk' to be sold by wine measure; remedy for short measure

567 4255 Milk containers: Capacity indelibly marked; testing; penalty

567 4256 Penalty for use or possession of false weighing or measuring devices

567 4257 Certain weights and measures legal through

out state 4258 False selling; misdemeanor

567 4259 Tolerances to be established by state sealer 567 4260 Obstructing sealer; misdemeanor

567

Pago Sec. 4261 Rules and regulations for deputies promul. gated by state sealer

567 4263 Power of sealer and deputies to make arrests

568 4264 Disposition of fines collected

568 4264.1 Penalty for violation of act

568 Revised Codes 1935, Vol. 2, Political Code, Ch. 346_

County Public Scales Sec. 4471 County commissioners may establish public scales

568 4472 Capacity of scales

568 4473 Public weigher: Appointment; bond 568 4474 Same: Duties

568 4475 Same: Governed by rules and regulations of board of county commissioners

568 4476 Same: Issuance of false receipts; penalty

568 Revised Codes 1935, Vol. 2, Political Code, Ch. 346—

County Public Markets
Sec. 4490 Market master; powers and duties; enforce-

ment of weights and measures laws 568 Revised Codes 1935, Vol. 2, Political Code, Ch. 383—

Cities and Towns Sec. 5039.22 Weighing, measuring and inspecting 569 5039.55 Standards and sealer of weights and meas

569 5039.56 Inspection and measuring of building materials

569 5040 Inspection and measurement of gas and electricity

569 Revised Codes 1935, Vol. 1, Political Code, Ch. 170

Scaling of Logs
Sec. 1830.8
Log rule

569 Revised Codes 1935, Vol. 1, Political Code, Ch. 209–

Coal Retailers' License Tax
Sec. 2336 Coal: Full weight to be given; ton

569 2338 Same: Revocation of license

569 2342 Same: Penalty for violations

569 Revised Codes 1935, Vol. 2, Political Code, Ch. 237–

“Pure Food and Drug Act" Sec. 2578 Unlawful to sell, etc. misbranded articles - 569 2582 Food sold by weight or measure; size of gallon, ounce and pound

569 2587 Misbranded food

570 2588 Guaranty protection

570 2591 Enforcement

570 2598 Food defined

570 2599 Penalty for violation of act

570 Revised Codes 1935, Vol. 2, Political Code, Ch. 240

Milk, Cream, and Other Dairy Products Sec. 2620.10 Babcock test: Adopted as official test 570

2620.13 Same: Revocation of license as penalty 570 2620.14 Same: Method of operation

570 2620.29 Cheese containers: Marking requirements.. 571 2620.32 Standard measures for milk

571 2620.33 Butter: Standard measure; exception; penalty

571 2620.34 Same: How wrapped; net weight on package

571 2620.43 Oleomargarine to be sold in packages of certain net weight

571 2620.54 Penalty for violations

571 2620.60 General penalty

571

567

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