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Sec. 19. State sealer of weights and measures; deputies.

The commissioner of food and drugs appointed by the president and board of regents of the University of Nevada is hereby designated and constituted ex officio sealer of weights and measures, and shall be charged with the proper enforcement of the provisions of this act [Secs. 1-30], and he may appoint, subject to the approval of the board of regents, such deputy or deputies as he may deem necessary therefor. [1945]

Sec. 20. Same: Powers and duties.

The state sealer shall have the power, and it shall be his duty to inspect, test, try, and ascertain if they are correct, all weights, measures, and weighing or measuring devices, kept, offered, or exposed for sale, sold, or used or employed in proving the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption purchased or offered for sale, hire, or award, or in computing any charge for services rendered on the basis of weight or measure, or in determining weight or measure when a charge is made for such determination; and he shall have the power to, and shall from time to time weigh or measure and inspect packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered or exposed for sale, or sold or in the process of delivery, in order to determine whether the same contain the amounts represented, and whether they be offered for sale or sold in a manner in accordance with law. He shall at least once each year, and as much oftener as he may deem necessary, see that all weights, measures, and weighing or measuring devices used are correct. He may for the purpose above mentioned, and in the general performance of his official duties, enter and go into or upon, and without formal warrant, any stand, place, building, or premises, or stop any vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any person whatsoever, and require him, if necessary, to proceed to the nearest authorized place which the state sealer may specify for the purpose of making the proper tests. [1945]

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as are incorrect, and yet, in his best judgment, may be repaired, he shall mark or tag as "condemned for repairs." The owners or users of any weights, measures, or weighing or measuring devices of which such disposition is made shall have the same repaired and corrected within such reasonable period as may be specified by the sealer, and they may neither use nor dispose of the same in any way, but shall hold the same at the disposal of the sealer. Any weights, measures, or weighing or measuring devices which have been "condemned for repairs," and have not been repaired as required above, shall be confiscated by the sealer. [1945]

Sec. 23. Duties of sealer imposed upon deputies.

The powers and duties given to and imposed upon the state sealer of weights and measures by sections twenty (20), twenty-one (21), and twentytwo (22), are hereby given to and imposed upon his deputy, and inspectors also, when acting under his instructions, and at his direction. [1945]

Sec. 24. Hindering state sealer or inspectors; penalty.

Any person who shall hinder or obstruct in any way the sealer of weights and measures, his deputy, or inspectors in the performance of his official duties shall be guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be punished by a fine of not less than twenty ($20) nor more than two hundred ($200) dollars or by imprisonment in the county jail for not more than three months, or by both such fine and imprisonment. [1945]

Sec. 25. Sealer to render biennial report.

The sealer shall keep a record of all weights, measures, balances, or other devices calibrated or tested as provided for in this act [Secs. 1-30], and such record or any parts thereof shall be included in the biennial report which the sealer is hereby authorized and directed to make to the president of the University of Nevada. [1945]

Sec. 26. Sealer may make rules and regulations.

The sealer is authorized to promulgate rules and regulations for the efficient enforcement of this act [Secs. 1-30], and to make such rules and regulations comply insofar as practicable with specifications, tolerances, and regulations recommended by the national bureau of standards. [1945] Sec. 27. Terms "package" and "container" defined.

The terms "package" and "container" as used in this act [Secs. 1-30] shall include any carton, box, barrel, bag, keg, drum, bundle, jar, crock, demijohn, bottle, crate, basket, hamper, pail, can, parcel, package, or paper wrapper; provided, that a box or carton used for shipping purposes, containing a number of packages which are individually marked as hereinbefore provided, will not

Laws 1945, Ch. 169-Weights and Measures-Continued.

be required to bear the weight or measure of the contents thereof. [1945]

Sec. 28. Term "person" defined.

The term "person" as used in this act [Secs. 1-30] shall be construed to impart both singular and plural as the case demands, and shall include corporation, company, society, and association. When construing and enforcing the provisions of this act, omission or failure of any officer, agent, or other person acting for or employed by any corporation, company, society, or association within the scope of his employment or office, shall in every case be also deemed omission or failure of such corporation, company, society, or association as well as that of the person. [1945]

Compiled Laws 1929, Vol. 3—Public Weighmasters. Sec. 8307. Office created; bond; seal.

Any persons, firms, corporations, copartners, or individuals engaged in the business of public weighing for hire, or any person, firm or corporation who shall weigh or measure any commodity, produce, article or articles, and issue therefor a weight certificate which shall be accepted as the accurate weight upon which the purchase or sale of such commodity, produce, article or articles is based, may, upon application as hereinafter described, be known as a public weighmaster, and shall file a bond with the state sealer of weights and measures in the sum of one thousand dollars ($1,000) for the faithful performance of his duties, and shall obtain from the state sealer of weights and measures a seal for the stamping of weight certificates hereinafter provided; the said seals shall be the property of the state, and shall be forfeited and returned to the state sealer of weights and measures upon termination of the appointment herein prescribed of the public weighmaster. Said seal shall be of a form and design prescribed by the state sealer and furnished by him to the weighmaster. Said seal shall be recognized authority of accuracy when applied to weight certificates. [1923]

Sec. 8308. Weight certificates.

The state sealer of weights and measures shall prescribe a form of weight certificates to be used by all public weighmasters, which certificates shall be known as the "State Certificate of Weights and Measures", and shall state thereon the kind of product, the owner, agent or consignee, the total weight of the product, the number of units of same, the date of receipt of the product, the railroad, team or other means by which the product was received, any trade or other mark thereon, and such other information as may be necessary to distinguish or identify the product from a like kind.

No certificate other than the one herein prescribed shall be used by public weighmasters. [1923]

Sec. 8309. Records of public weighings.

All public weighmasters shall keep and preserve correct and accurate records of all public weighings, as provided by this act [Secs. 8307-8319], which records shall at all times be open for inspection by the state sealer of weights and measures, or his deputy. [1923]

Sec. 8310. State sealer to promulgate rules and regulate fees.

The state sealer of weights and measures shall make uniform rules for carrying out the provisions of this act [Secs. 8307-8319], and shall designate a reasonable fee to be charged by public weighmasters for weighing, such fee to be retained by the public weighmaster as compensation for his services. [1923]

Sec. 8311. False weight certificate; penalty.

All state certificates of weights and measures, as provided by this act [Secs. 8307-8319], shall contain the accurate and correct weight of any and all commodities weighed when issued by the public weighmaster. Any public weighmaster who shall issue a state certificate of weights and measures giving a false weight or measure of any article or commodity weighed or measured by him, or his representative, to any person, firm or corporation, shall be guilty of a misdemeanor, and the state sealer may direct and compel the return to him of the state seal, or declare his bond as public weighmaster forfeited, or both. [1923]

1 See Sec. 8317, page 607, punishment.

1

Sec. 8312. Request for false certificate; penalty.

Any person, firm, or corporation who shall request the public weighmaster, or any person employed by him to weigh any product, commodity, article or articles falsely, or incorrectly, or who shall request a false or incorrect state certificate of weights and measures, or any person issuing a state certificate of weights and measures who is not a public weighmaster, as provided for in this act [Secs. 8307-8319], shall be guilty of a misdemeanor.1 [1923]

1 See Sec. 8317, page 607, punishment.

Sec. 8313. Reweighing; procedure.

When doubt or difference arises as to the correctness of the net or gross weight of any amount, or part of any commodity, produce, article or articles for which a state certificate of weights and measures has been issued by a public weighmaster, the owner, agent or consignee may, upon complaint to the state sealer of weights and measures, or his deputy, have said amount or part of the amount of any commodity, product, article or articles re

weighed by the state sealer of weights and measures, or a public weighmaster designated by him, upon depositing a sufficient sum of money to defray the actual cost of reweigh with the state sealer of weights and measures. If, on reweighing, a difference in the original weight is discovered as the result of fraud, carelessness, or faulty apparatus, the cost of reweighing shall be borne by the public weighmaster responsible for the issuance of such faulty state certificate of weights and measures. All public weighmasters employing or designating any person to act for them as deputy public weighmaster shall be responsible for all acts performed by such person, and the public weighmaster shall forward to the state sealer of weights and measures the name and address of persons so appointed. [1923]

Sec. 8314. Net weight defined.

When any product is sold subject to public weighmaster weights, such weight shall be the true net weight of the product. Net weight, within the meaning of this act [Secs. 8307-8319] shall be the correct or actual weight of the commodity, excluding the weight of the container. [1923]

Sec. 8315. State sealer to appoint public weighmaster; testing of apparatus.

The state sealer of weights and measures shall appoint public weighmasters; provided, that he or his deputy shall test all weighing apparatus to be used, inspect the premises intended for such use and satisfy himself that the applicant is in every way equipped, qualified, competent and of such character that he should be appointed a public weighmaster. The state sealer of weights and measures, if satisfied with the applicant's qualifications, shall issue a certificate of appointment as public weighmaster, for which there shall be a charge of ten dollars ($10), paid to the state sealer of weights and measures, which amount shall be used by said state sealer of weights and measures in the costs incurred under the premises of this act [Secs. 8307-8319]. The state sealer of weights and measures has the right to suspend or revoke the authority or appointment of any public weighmaster at any time for cause or upon complaint filed. [1923] Sec. 8316. Person defined.

The term "person", as used in this act [Secs. 8307-8319], shall be construed to imply both singular and plural as the case demands, and shall include corporations, company, society, and association. When construing and enforcing the provisions of this act, omission or failure of any officer, agent or other person acting for or employed by any corporation, company, society, or association within the scope of his employment or office shall, in every case, be also deemed omission or failure of such corporation, company, society or association, as well as that of the person. [1923]

Sec. 8317. Penalty for violations.

Any person violating any of the provisions of this act [Secs. 8307-8319] shall be deemed guilty of a misdemeanor, and upon conviction thereof before a court of competent jurisdiction shall be fined in the sum not exceeding two hundred dollars ($200), or by imprisonment in the county jail for not more than thirty days, or by both such fine and imprisonment. [1923]

Compiled Laws 1929, Vol. 3—University of Nevada. Sec. 7765. Public service division of the University of Nevada.

It is hereby provided that the several publicservice departments of the University of Nevada be consolidated into a "Public Service Division" of the University of Nevada. [1915]

Sec. 7766. Same: Departments included.

The public service division of the University of Nevada shall consist of the following public-service departments, which have been conducted heretofore by authority of statutes of the State of Nevada, enumerated as follows:

4. Weights and measures, provided for in sections 4792-4823, inclusive, of the Revised Laws of the State of Nevada, 1912; as amended by chapter 228, Session Laws of the State of Nevada, Twentysixth session, 1913; [1915]

[ED NOTE.-Secs. 4792-4823 of the Revised Laws of the State of Nevada 1912 appear as Secs. 8275-8306 of Nevada Compiled Laws 1929. However, Secs. 8275-8306 were repealed and superseded by Laws 1945, Ch. 169. See Secs. 1-28, pages 602-606.]

Sec. 7767. Board of regents to appoint department heads.

The board of regents of the University of Nevada, upon recommendation of the president, shall designate and appoint a qualified individual to conduct each of these various departments of the public service division, and shall grant him such assistants as they deem necessary, and the powers and duties of these individuals appointed as herein provided shall be as stated in the statutes establishing each of these several departments of the public service division; provided, however, that in those instances wherein the statutes concerned impose upon the individual appointed as herein provided any police power, the appointment shall receive the approval of the governor of the state. [1915] Sec. 7768. Rules and regulations.

All rules and regulations necessary for the proper administration and enforcement of the statutes establishing the departments comprehended in this public service division of the University of Nevada shall be made by the president and board of regents of the University of Nevada. [1915]

Compiled Laws 1929, Vol. 3-University of Nevada -Continued.

Sec. 7769. Words substituted.

Wherever in any of these statutes establishing the departments comprehended in the public service division of the University of Nevada any individual, official, or department of the university is mentioned, there shall be substituted the words "President and Board of Regents of the University." [1915]

Compiled Laws 1929, Vol. 1-Cities.

Sec. 1106. Classification.

Municipal incorporations organized under the provisions of this act [Secs. 1100-1212], shall be, and the same are hereby, divided into three classes. Those cities having twenty thousand or more inhabitants shall be known as cities of the first class; those cities having more than five thousand and less than twenty thousand inhabitants shall be known as cities of the second class; and all other cities shall be known as cities of the third class. [1907]

Sec. 1128. Powers of city council.

The city council shall have the following powers:

49. To provide for the inspection, measurement, or graduation of any merchandise, manufacture or commodity, and to appoint the necessary officers therefor.

50. To provide for the inspection and sealing of weights and measures.

51. To enforce the keeping and use of proper weights and measures, by vendors. [1907]

Laws 1947, Ch. 78—Public Livestock Auction.

Sec. 1. Definitions.

When used in this act [Secs. 1-12] "person" means any person, firm, or corporation.

"Board" means the state board of stock commissioners of the State of Nevada.

"Livestock" means cattle, sheep, goats, horses, mules, asses, hogs, or poultry.

"Public livestock auction" means any sale or exchange of livestock held by any person at an established place of business or premises where the livestock is assembled for sale or exchange, and is exchanged or sold at auction or upon a commission basis, at regular or irregular intervals. [1947]

Sec. 2. License; bond.

On and after July 1, 1947, no person shall hold, operate, conduct, or carry on a public livestock auction in this state without first securing a license therefor from the board [State board of stock commissioners].

Such application shall be accompanied by a bond and the required fee as hereinafter provided. [1947]

Sec. 6. Revocation of license.

The board [State board of stock commissioners] may decline to grant or to renew a license or may suspend or revoke a license already granted if the board, after due notice and hearing, finds:

(f) That the licensee, in the case of livestock weighed on the licensee's scales and sold by weight, has knowingly quoted incorrect weights, or has failed to have his scales regularly inspected and tested.

In the case of any hearing held hereunder, there shall be filed in the office of the board a memoran

dum briefly stating the reasons of the board for the denial, suspension, or revocation of the license, but formal findings of fact shall not be required to be made or filed. [1947]

Sec. 8. Scales must be inspected.

In case any public livestock auction shall sell livestock by weight, the scales upon which such livestock is weighed shall be regularly inspected and tested. [1947; last amended 1949.]

Sec. 9. Rules and regulations; right of entry.

The board [State board of stock commissioners] may make reasonable rules and regulations for carrying out the provisions of this act [Secs. 1-12].

For the purpose of carrying out the provisions of this act, and making inspections hereunder, the board or any duly authorized representative thereof, shall have the right to enter the establishment or premises where any public livestock auction is held. and to inspect the records thereof at all reasonable times. [1947]

Sec. 10. Penalty for violations.

Any person who shall operate a public livestock auction without a license, as herein required, or who shall violate any of the provisions of this act [Secs. 1-12] or of any rules or regulations lawfully issued hereunder, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $300. Each day upon which livestock is sold or exchanged at any public livestock auction shall constitute a separate offense. [1947]

Compiled Laws Supplement 1931-1941, Vol. 1— Standard Containers for Agricultural Products.

Sec. 451. Enforcement; "agricultural products" defined.

The state quarantine officer is hereby designated as the authority to administer this act [Secs. 451451.14]. "Agricultural products," shall include horticultural, viticultural, dairy, bee, and any and all farm products; . [1931]

Sec. 451.01. State quarantine officer to fix standards.

In order to promote, protect, further and develop the agricultural interests of this state, the state quarantine officer is hereby auhorized and empowered, after investigation and public hearing, to fix and promulgate official standards for containers of farm products and to change any of them from time to time. [1931; last amended 1949.]

Sec. 451.02. Public notice of standards to be given.

In promulgating the standards or any alterations or modifications of such standards, the state quarantine officer shall specify the date or dates when the same shall become effective and shall give public notice not less than thirty (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. [1931]

Sec. 451.03. Cooperation with federal government.

The state quarantine officer 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 act the state quarantine officer is authorized to cooperate with the United States or any department thereof in accomplishing the matters and things provided for herein. [1931]

Sec. 451.10. Use of unlawful container; penalty.

Whenever any standard for a container for an agricultural product becomes effective under this act [Secs. 451-451.14], no person thereafter shall pack for sale, offer for sale, consign for sale, or sell and deliver, in a container, any such agricultural product to which the standard is applicable, unless the container conform to the standard, subject to such variations therefrom as may be allowed in the regulations made under this act, unless such product be brought from outside the state and offered for sale, consigned for sale or sold in the original package. Any person violating this section shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars, or be imprisoned not more than one year, or both. [1931]

Compiled Laws 1929, Vol. 1-Milk and Cream.
Sec. 2275. Method of weighing and testing regulated.

It shall be unlawful for any hauler of milk or cream, other than a common carrier, or any person, firm or corporation receiving or purchasing milk or cream by weight or test or both, or by

measure or test or both, to fraudulently manipulate the weight, measure or test of milk or cream, or to take unfair samples thereof, or to fraudulently manipulate such samples. Such hauler or other agent shall weigh or measure the milk or cream of each patron accurately and correctly and shall report such weights and measurements accurately and correctly to the creamery or factory.

When the weighing or sampling is done at the creamery, shipping station or factory, the same rule shall apply. [1921]

Sec. 2276. False tests unlawful; licensed testers required.

It shall be unlawful for any person, firm or corporation, by himself or as the agent, servant, employee or officer of any person, firm or corporation, receiving or purchasing milk or cream on the basis of the amount of butterfat contained therein, to underread, overread or otherwise fraudulently manipulate the Babcock test used for determining the per cent of butter-fat in milk or cream, or to falsify the records thereof, or to read the test at any other temperature than the correct one, which is one hundred thirty degrees to one hundred forty degrees Fahrenheit, or to pay on the basis of any measurement or weight except the true measurement or weight, which is seventeen and six-tenths cubic centimeters for milk and nine grams or eighteen grams for cream; provided, that in all tests for cream the cream shall be weighed into the test-bottle. All testing of milk or cream purchased on the basis of the amount of butter-fat contained therein shall be done by licensed tester, who shall supervise and be responsible for the operation of the Babcock test of milk or cream. A license shall be issued to such person by the Commissioner of food and drugs, [1921]

Sec. 2279. Rules and regulations for enforcement.

The commissioner of food and drugs shall make uniform rules and regulations for the proper enforcement of this act [Secs. 2275-2285] [1921]

Sec. 2282. Glassware, measures, scales, etc.: Inspection; glassware supplied at cost; sealing; testing; fee.

The commissioner of food and drugs shall, from time to time, inspect and examine as to their accuracy, or their adaptability to give accurate results, all glassware, measures, scales, weights and other apparatus used in creameries and factories of dairy products, where milk and cream are purchased, to determine the amount of percentage of fat in milk or cream. Said commissioner of food and drugs shall supply at cost, and not oftener than once a year, to every creamery, or other factory of dairy products where milk and cream, or either, are purchased, on application not more than two tubes or bottles and one pipette of the forms used with the Babcock test, which he shall

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