The provisions of this article [Secs. 405-415] shall apply only when agricultural products are sold in sacks, bags, crates, boxes, packages or other containers, [1935] Sec. 412. Rules and regulations. The board is hereby authorized to promulgate all general rules and regulations necessary and practicable to the carrying out of the purposes of this article [Secs. 405-415] by the commissioner. [1923; last amended 1935.] Sec. 415. Marking requirements; offenses. After standards for containers for any agricultural products have been promulgated no person shall use in the marketing in any wise of such product any other container or containers than those fixed as standards. In the marketing of any agricul tural product the container thereof shall be marked or labeled in accordance with the provisions of this article [Secs. 405-415] and the rules and regulations promulgated by the board with reference thereto. Code 1940, Title 2, Ch. 1, Art. 27-Paint-Continued. or more the net weight of each can, package or container. [1923] Sec. 449. Failure to label a misdemeanor. Any failure to label any article as specified in this chapter [article, Secs. 438-449] or any statements of any kind which are misleading or deceptive or which are not true, shall constitute a misdemeanor. [1923] Code 1940, Title 2, Ch. 1, Art. 33—Sales Regulations. Sec. 494. Suspension of sale of articles. If at any time the commissioner or his duly authorized agent, shall have reason to believe that any product or products or article, the possession or sale of which is regulated by any provision of this chapter [Secs. 1-633], do not comply with the requirements of this chapter, as to ingredients, substance, analysis, marking or labeling, weight or measure of the same, it shall be his duty by written order to suspend the sale of the same until he shall have satisfied himself, or shall be satisfied by an analysis, or otherwise, that such product or article is made up, compounded or marked as required by law and rules and regulations under authority of law. If he shall find that the same does not comply with such laws and rules and regulations, either before or after the making of such suspension order, then he is authorized to proceed with regard to the same as provided in this article [Secs. 494-503], or he may order in writing the same to be held at his disposition pending the placing of such product or article in such condition as will meet the requirements of such laws, rules and regulation, under the supervision and direction of the commissioner or his duly authorized agent, or at the discretion of the commissioner proceeding with regards to the same as provided in this article. Provided in case the owner of such product or article denies by written notice to the commissioner or his agent that the same is not in compliance with the laws, rules or regulations and requests a hearing thereon, the commissioner or his agent shall as soon as practicable thereafter proceed as provided in this article, in order that the court may hear and decide said issue and proceed as provided for in this article. Any person who moves, transports, sells or in any other manner disposes of any product or article after such product has been ordered suspended or held as hereinbefore provided shall be guilty of a misdemeanor. Provided that such product or article may be moved, transported or otherwise disposed of by and in compliance with written order by the commissioner. [1923; last amended 1935.] Sec. 495. Seizure of misbranded articles. Any article, substance, material, or product, the possession and sale of which is regulated under the provisions of this chapter [Secs. 1-633], which is adulterated, misbranded or under standard, grade, weight or measure claimed within the meaning of any provision of this chapter, and which is manu factured for sale, held in possession with intent to sell, offered or exposed for sale, or sold or delivered within this state, shall be liable to be proceeded against in the circuit court of the county where the same is found, and seized for confiscation by writ of attachment for condemnation. * If a judg ment of condemnation and confiscation is rendered against such article or product as being adulterated, misbranded, or under standard, grade, weight or measure, within the meaning of this article [Secs. 494-503], the same shall be disposed of by destruction or sale, as the court may direct, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the agricultural fund, but such goods shall not be sold contrary to the provisions of this article; provided, however, that upon the payment of the costs of such attachment proceedings and the execution and delivery of a good and sufficient bond to the effect that such article shall not be sold or otherwise disposed of contrary to the provisions of this article, the court may by order direct that such article or product shall be delivered to the owner thereof. [1923; last amended 1927.] Sec. 503. Right of entry. The commissioner is authorized in person or by deputy or by his agents to have free access at all reasonable hours to all premises, places of business, buildings, transportation facilities, or packages or containers of whatever kind used in the manufacture, transportation, importation, sale or storage of any article, substance, material or product, the sale of which is regulated under the provisions of this chapter [Secs. 1-633], and shall have the power and authority to examine and inspect any parcel, container or receptacle containing or supposed to contain any of said articles, substances, material or product, and upon paying or offering to pay full value of said. specimen or sample to take therefrom samples or specimens for analysis, examination and inspection. [1923; last amended 1927.] Code 1940, Title 8, Ch. 2, Art. 4-Standard Measures for Oysters or Shrimp. Sec. 116. Oysters and shrimp: Standard measures. A standard measure for oysters or shrimp is established, which said measure shall consist of a tub or other round vessel of the following dimensions: It shall measure seventeen inches in diameter inside, at the bottom and twenty-one and a half inches in diameter, inside at the top, and fourteen and a half inches inside from bottom to top perpendicularly. Two of these measures filled to the top shall make one barrel, and all shrimp or oysters bought and sold in this state in the shell shall be measured in a measure of these dimensions, or a measure holding a fraction or multiple thereof, and it shall be unlawful for any person to have in his possession any measure for oysters in the shell or shrimp which shall differ inside from the measure herein provided for, or de The chief enforcement officer and the chief oyster inspector and assistant oyster inspectors shall be subject to the direction and supervision of the director of conservation. [1892; last amended 1919.] Code 1940, Title 22, Ch. 8.-Narcotic Drugs. Sec. 239. Marking requirements. Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells and 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, kind, and form of narcotic drug contained therein. [1935] * Any person violating any provision of this chapter [Secs. 232-255] shall be guilty of a misdemeanor, and upon conviction for the first offense shall be fined not less than fifty dollars nor more than two hundred dollars and may be sentenced to hard labor for the county for not more than six months, and upon conviction for the second offense shall be fined not less than one hundred dollars or more than five hundred dollars and may be sentenced to hard labor for the county for not more than six months, and upon conviction for a subsequent offense shall be fined not less than five hundred dollars and shall be sentenced to hard labor for the county for not more than six months. [1931; last amended 1935.] Acts 1949, Act No. 207-"Alabama Coal Mine Safety Law of 1949." Sec. 3. Procurement of standards; testing of scales. The department [of industrial relations] shall procure, as provided by law, for the state at the state's expense a full and complete set of standards and other equipment, such as, in its opinion, are necessary in the testing of scales, beams, and other necessary apparatus, to be used for the correct weighing of coal and other material at the coal mines, according to the state standard of weights; and said chief [of the Division of Safety and Inspection of the Department of Industrial Relations] and mine inspectors shall examine, test and cause to be adjusted as often as occasion demands, all scales and other apparatus used in weighing coal at coal mines. At all mines where coal is weighed for payment to miners or sale, a set of United States standard weights, consisting of not less than four, must be on hand for convenience of weighman and check-weighman in testing said scales. [1949] Sec. 97. Scales to be provided. The owner or operator of each coal mine, at which the miners are paid by weight, shall provide such mines with suitable scales of standard make for the weighing of all coal, when contracted to be weighed. [1949] Sec. 98. Ton; miner to be credited with full weight. All coal mined in this state, contracted for payment by the ton or other measure shall be weighed or measured and the full weight or measure thereof shall be credited to the miner of such coal, and two thousand pounds shall constitute a ton of coal. [1949] Sec. 99. Check weighman; duties. In all coal mines the miners employed and working therein may furnish a check weighman or check measurer, who shall, at all times, have full access to and the right to examine the scales, and to see all measures and weights and accounts kept of same, and shall keep an accurate account of the coal, but not more than the above authorized persons shall have such right of access, examination and inspection of scales, measures and accounts at the same time. The weighman and check weighman shall properly test the scales with the United States standard test weights before coal is weighed thereon. [1949] Sec. 100. Access to scales, etc. The mine inspector, miners employed in the coal mines and the owner of the land or persons interested in the rental and royalty of such mines, shall at all times have full right of access to scales used at said mines, including tally sheets or tally books in which the weight of the coal is kept, to examine the amount of coal mined, for the purpose of testing the accuracy thereof. [1949] Sec. 101. Penalty for failure to weigh or to falsely weigh. Any person or corporation operating any coal mine in which miners or other laborers are employed to mine or cut coal for a compensation to be determined by the weight of the coal mined or cut, whe Acts 1949, Act No. 207—“Alabama Coal Mine Safety Law of 1949"-Continued. fails to weigh, or cause to be weighed, accurately and correctly, any coal so mined or cut by such miners or laborers, must, on conviction, be fined for each offense not less than ten dollars nor more than one hundred dollars. [1949] Sec. 112. General penalty. Any unlawful act for which no other penalty is herein provided, shall be a misdemeanor punishable by a fine of not less than ten dollars, and not more than five hundred dollars or by imprisonment in jail for not more than one year or both such fine and imprisonment. [1949] Code 1940, Title 29, Ch. 1-Alcoholic Beverages. The functions, duties and powers of the board [alcoholic beverage control board] shall be as follows: To determine the nature, form and capacity of all packages to be used for containing liquor, alcohol or malt or brewed beverages to be kept or sold under this chapter [Secs. 1-78], and to prescribe the form and contents of all labels and seals to be placed thereon. [1936–37] Code 1940, Title 48, Ch. 1, Art. 2—Public Utilities. Sec. 38. Meters: Rules and regulations to secure accuracy. The commission [public service commission] may prescribe reasonable rules, regulations, and standards to secure the substantial accuracy of all meters, and appliances for measurement which shall be complied with by the utility and consumer. [1920] Sec. 39. Same: Inspection and test. The commission [public service commission] may provide for the inspection of the manner in which any utility complies with the rules, regulations, and standards fixed by the commission to secure the accuracy of all meters, and appliances for measurement, and the commission may examine and test the same under such rules and regulations as it may prescribe *. [1920] Sec. 40. Same: Testing on complaint; testing fees. Any consumer or user may have any meter or appliance for measuring tested by the commission [public service commission] upon payment of fees fixed by the commission. The commission shall declare and establish reasonable fees to be paid for examining and testing such appliances on the request of consumers, the fee to be paid by the consumer or user at the time of his request, but to be paid by the utility and refunded to the consumer or user if the measuring appliances be found unreasonably defective or incorrect to the substantial disadvantage of the consumer or user. [1920] Code 1940, Title 14, Ch. 45, Art. 1-Frauds. (a) No person, firm, corporation or association shall, with intent to sell or in anywise dispose of real estate, 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 to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, make, publish, disseminate, circulate, or place before the public, or cause, 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 real estate, merchandise, securities, service, or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading. (d) No person, firm, corporation or associaton shall, with intent to sell, or increase the consumption thereof, or create an interest therein, make, publish, disseminate, circulate, or place before the public in this state, or cause, directly or indirectly to be made, published, disseminated, 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 or pamphlet, or in any other manner, an advertisement of any sort regarding articles of food, which advertisement contains any assertion, representation or statement which is untrue, deceptive or misleading. ** (f) Any person, firm, corporation, assocation or the agent or servant of any other person, firm, corporation or association violating any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than one thousand dollars, or be imprisoned in the county jail not more than sixty days, or by both such fine and imprisonment; and each sale, advertisement or representation in contravention of the provisions of this section shall be deemed a distinct offense and shall subject the offender to such punishment. [1915; last amended 1931.] Sec. 225. Weights; coal. Whoever knowingly sells and delivers any coal, except at the weight and measure prescribed by law, shall, upon conviction, be fined not less than five dollars nor more than one hundred dollars. [1907] [ED. NOTE. In the Code 1940, following the foregoing section, it is stated: "This section should be reconciled with tit. 2, Sec. 603, by limiting this section to the sale of coal and by construing tit, 2, Sec. 603 as not applying to the sale of coal. Woodard v. State, 30 Ala. App. 144, 146, 2 So. (2d) 330." See page 46 for Title 2, Sec. 603.] Compiled Laws Annotated 1949, Vol. 1, Title 35, Ch. 5-Weights and Measures. Sec. 35-5-1. Standards. The standards of weights and measures in this Territory shall be those adopted and now used or that may be adopted and used by the United States. [1939] Sec. 35-5-2. Treasurer, ex-officio inspector of weights and measures. The Treasurer [of the Territory of Alaska] shall be ex-officio inspector of weight and measures and of weighing and measuring appliances. It shall be his duty to procure and keep such standard sets of weights and measures as may be found necessary to carry out the provisions of this Act [Secs. 35-5-135-5-11]; he shall test or cause to be tested, by such standards, all weights, measures, weighing and measuring appliances and devices used in the ascertainment of weight or measure in the buying, selling, or transporting, of goods, wares, merchandise, or other commodities and to seal such as are found accurate with an appropriate seal or mark to be kept by him for that purpose; such seal or mark shall be placed so as to be easily seen, and shall show the date on which the inspection is made. [1939] Sec. 35-5-3. Incorrect weights and measures. The inspector shall condemn and seize incorrect weights or measures or weighing or measuring devices that, in his judgment, are not susceptible of satisfactory repair; but such as are incorrect and yet may be repaired he shall mark with a tag, "condemned for repairs." The owner or user of any weights or measures or weighing or measuring appliance so marked or tagged shall have the same repaired or corrected within ninety days unless, upon satisfactory showing, the inspector shall extend such time, and he shall neither use nor dispose of the 888243-51-5 same in any way, but shall hold the same at the disposal of the inspector. Any weight or measure, weighing or measuring appliance, that has been condemned for repairs and has not been repaired as required in this section, shall be confiscated by the inspector. [1939] Sec. 35-5-4. Verification and testing. Any person may send any weight, measure, weighing or measuring appliance intended for use in this Territory to the inspector for verification and testing. Such person shall give his name and address in full, a description of his occupation or business, and the purpose for which and the place where the same is to be used, and a complete record of such information shall be made and kept by the inspector. [1939] Sec. 35-5-5. Changing or removing marks; penalty. Any person who shall willfully or fraudulently change any weight, measure, weighing or measuring appliance after the same has been inspected, tested and sealed by the inspector, or who shall remove or destroy any tag or mark or seal which has been placed in or thereon by the inspector for the purpose of this chapter [Secs. 35-5-1-35-5-11] shall be liable upon conviction to pay a fine of not to exceed Five Hundred, ($500.00), Dollars or be imprisoned for a period not to exceed one year. [1939] Sec. 35-5-6. Inspector; deputies; police powers. The inspector may deputize the employees in his or any Territorial department, with the consent of the head of such department, to aid him in the performance of the duties assigned to him under the provisions of this chapter [Secs. 35-5-1-35-5-11] and he and his authorized agents or assistants are hereby made special policemen and are authorized and empowered to arrest without formal warrant any violators of any provisions of this chapter, and to |