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617

Revised Laws 1942, Vol. 1, Title XVII, Ch. 193—

Sale of Certain Articles
Sec. 11 Standard boxes and half-boxes for farm pro-

duce: Dimensions; marking requirements;
sale by weight, measure or numerical count,
when

623 12 Same: Penalty for violations

623 13 Same: Enforcement

623 16 Cord wood and bark: Dimensions

623 17 Same: Measurers; certificates; compensation 623 18 Same: Refusal to measure; giving false certificate; penalty

623 19 Raw cotton: Contracts; net weight

623 20 Same: Weight markings

623 21 Same: Weighing by sample

624 38 Ice: Refusal to weigh; giving false weight; penalty

624 39 Same: Delivery from vehicle; refusal to weigh; giving false weight; penalty

624 40 Coal: Standards

624

Revised Laws 1942, Vol. 1, Title XVII, Ch. 192—
Weights and Measures

Page Sec. 1 Standards

616 2 Commissioner of weights and measures: Appointment; term

616 3 Inspectors of weights and measures

616 5 Commissioner's bond

616 6 Inspector's bond

616 7 Commissioner's duties

616 8 Testing standards

616 9 Testing at state institutions

617 10 Bi-annual inspections

617 11 Duty of supervision

617 12 Promulgation of regulations

617 13 Inspectors: Powers

617 14 Same: Duties

617 15 Sealing

617 16 Condemning 17 Correcting condemned scales

617 18 Confiscating condemned apparatus

618 19 Records and reports

618 20 City sealers

618 21 City apparatus

618 22 Authority as police

618 23 Use of false weights, etc.; penalties

618 24 Obstructing officials; penalty

618 25 Impersonating official; penalty

618 26 Provisions governing weights and measures for certain commodities

618 27 Baskets of berries, cherries, or currants: Posting notice

619 28 Same: Penalty for violations

619 29 Packaged commodities: Marking requirements; tolerances

619 Package defined

619 30_a Flour, corn meal, hominy and hominy grits: Standard weight containers; exceptions

620 31 Penalty for violations of Sections 29 and 30-a - 620 32 Sale of coal: By weight only; exception 620 33 Same: Certificate of weight

620 34 Same: Duplicate certificate

620 35 Same: Delivery at yard

620 36 Sale of wood: By cord only; exceptions 620 37 Same: Cord; load

620 38 Same: Sale by basket

620 39 Same: Markings on delivery truck

620 40 Inspection of wood carts

620 41 Sale of bread: Marking requirements

620 42 Sale of meat, fish and fowl: By weight only; exception

621 43 Public weighers: Appointment in towns 621 Same: Issuance of certificates

621 Sales to cities or towns

621 Sales to persons other than cities or towns 621 Fees

621 48 Erection and maintenance of public scales 621 49 Selling merchandise without public weigher's

certificate; refusal by public weigher to per-
form duty; penalty

621 Adoption of laws regarding public weighers by cities or towns

621 51 Specifications and tolerances

621 52 Hawkers, etc., required to have certificate issued by sealer of weights and measures

621 53 Disposal of fines

621 Revised Laws 1942, Vol. 1, Title VIII, Ch. 66—Cities Powers of city councils

622

Revised Laws 1942, Vol. 1, Title XVII, Ch. 194—Milk

and Cream Sec. 12 Glassware or instruments: Testing; sealing; fee 624 13 Record of certificates and tests

624 14 Testing with uninspected appliances; penalty 624 27 Measure of milk

624 28 Same: To be tried and proved by standard of

wine measure; markings; penalty for selling
by any other measure

624 29 Sealing of cans

624 30 Capacity of cans

624 31 Penalty for violating two preceding sections 625 55 Receiving stations for milk: Weight certificate;

penalty for refusing to furnish weight cer-
tificate, enforcement by commissioner of
weights and measures

625

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Revised Laws 1942, Vol. 1, Title XVII, Ch. 197—

Standard Packages for Apples Sec. 1 "Closed" package defined

625 2 Standard barrel; dimensions; standard bushel; marking requirements

625 6 Exception as to label

625 7 Marking requirements on closed packages 625 11 When apples deemed misbranded

625 12 Rules and regulations; right of entry; enforcement

625 14 Misbranding or packing fraudulently; penalties 625 15 Exemptions from penalties

625

Sec. 13

Revised Laws 1942, Vol. 1, Title XVII, Ch. 198, Secs.

1 to 11-Eggs

626

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Revised Laws 1942, Vol. 1, Title XVII, Ch. 201—Lumber Inspection and Measurement

Page Sec. 1 Duties of surveyors

626 3 Standard thickness of plank

626 4 Ship timber, how measured

626 5 Round timber: Rules for measurement

626 6 Marking round timber

626 7 Shingles, sizes of

626 8 Same: Admeasurement; number in bundle 626 9 Clapboards

626 10 Staves, hoops, etc.

627 Revised Laws 1942, Vol. 1, Title XIX, Ch. 226—Stock

Foods
Sec. 1 Commercial feeding stuffs: Marking require-

627 3 Same: Definition

627 11 Same: Penalty for violations

627 12 Enforcement

627 13 Grain for feeding livestock: Marking requirements

627 17 Same: Penalty for violations

627 Revised Laws 1942, Vol. 1, Title XIX, Ch. 227—"New

Hamphire Economic Poisons Law" Sec. 1 Definitions

628 2 Marking requirements

628 12 Enforcement

628

Revised Laws 1942, Vol. 1, Title XIX, Ch. 228

Commercial Fertilizer Sec. 1 Marking requirements

628 7 Penalty for violations

628 8 Exceptions

628 Revised Laws 1942, Vol. 2, Title XXV, Ch. 295–Serv

ice Equipment of Public Utilities Sec. 2 Rules and regulations for examining and testing 629 3 Meters

629 4 Service inspections

629 5 Inspection of meters

629 6 Testing appliances

629 7 Test on consumer's request; fee

629 8 Apparatus for testing

629 9 Fees

629

ments

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Revised Laws 1942, Vol. 1, Title XVII, Ch. 192—

Weights and Measures. Sec. 1. Standards.

The weights and measures received from the United States under joint resolutions of congress approved June 14, 1836, and July 27, 1866, and such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto or in renewal thereof, and such as shall be supplied by the state in conformity therewith and certified by the National Bureau of Standards, shall be the state standards, by which all municipal standards of weights and measures shall be tried, proved and sealed. (1843; last amended 1917.] Sec. 2. Commissioner of weights and measures: Appointment;

Sec. 5. Commissioner's bond.

The commissioner shall give a bond in the sum of five thousand dollars, with sureties to be approved by the governor, for the faithful performance of the duties of his office and for the safety of the standards intrusted to his care, and for the surrender thereof to his successor or to the person appointed by the governor to receive them. [19171 Sec. 6. Inspector's bond.

Each inspector shall give a bond in the sum of one thousand dollars, with sureties, to be approved by the secretary of state, for the faithful performance of the duties of his office and for the safety of any apparatus intrusted to his care. [1917] Sec. 7. Commissioner's duties.

The commissioner shall take charge of the standards of the state, and cause them to be kept in a safe and suitable place in his office, from which they shall not be removed except for repairs or for certification, and he shall take all other necessary precautions for their safe keeping. He shall maintain the state standards in good order, and shall śubmit them at least once in ten years to the National Bureau of Standards for certification. He shall keep a complete record of the standards, balances and other apparatus belonging to the state and take a receipt for the same from his successor in office. [1917] Sec. 8. Testing standards.

He shall, at least once in five years, try and prove by the state standards all standard weights, measures and other apparatus which may belong to any

term.

There shall be a state commissioner of weights and measures, appointed by the governor, with the advice and consent of the council, for a term of five years and until his successor is appointed and qualified. [1917; last amended 1919.)

[ED. NOTE.—Laws 1943, Ch. 39, Sec. 3, p. 48, provides as follows: "Vacancies in the office of ... commissioner of weights and measures as established by section 2 of chapter 192 of the Revised Laws, shall be filled for the unex.

pired term of such offices."] Sec. 3. Inspectors of weights and measures.

There shall be not exceeding three inspectors of weights and measures, who shall be appointed by the commissioner, with the advice and consent of the governor and council.

[1917; last amended 1927.]

city, and shall seal the same when found to be ac- within the state by any proprietor, agent, lessee or curate, by stamping on them the letters N. H. and

employee in proving the size, quantity, extent, area the last two figures of the year with seals which he or measurements of quantities, things, produce, arshall have and keep for that purpose, and shall ticles for distribution or consumption offered or subkeep a record of such inspections. He shall, upon mitted by such person or persons for sale, hire or the written request of any citizen, firm, corpora- reward; and they shall have like power to, and tion or educational institution in the state, test or shall from time to time, weigh or measure packages calibrate weights, measures, weighing and measur- or amounts of commodities of whatever kind kept ing devices, and instruments or apparatus used as for the purpose of sale, offered for sale or sold, or standards in the state. [1917]

in the process of delivering, in order to determine

whether the same contain the amounts represented, Sec. 9. Testing at state institutions.

and whether they are offered for sale or sold in a He, or the inspectors by his direction, shall at

manner in accordance with the laws relative to least once annually test all scales, weights and weights and measures. [1917; last amended 1919.] measures used in checking the receipts or disbursements of supplies in every institution for the main- Sec. 14. Same: Duties. tenance of which moneys are appropriated by the They shall at least once each year, and as much legislature, and he shall report in writing his find- oftener as the commissioner may deem necessary, ings to the supervisory board and to the executive see that the weights, measures and all apparatus officer of the institution concerned; and, at the used in the state are correct. They may for the purrequest of such board, or executive officer, the com- poses mentioned, and in the general performance missioner shall appoint in writing one or more of their official duties, stop any vendor, peddler, employees then in the actual service of such insti. junk dealer, or the driver of any coal wagon, ice tution, who shall act as special deputies for the wagon or delivery wagon, or any dealer whatever, purpose of checking the receipts or disbursements and require him to proceed to such place as the of supplies. [1917]

inspector may specify, for the purpose of making

the proper tests, and for that purpose they may, Sec. 10. Bi-annual inspections.

without formal warrant, enter any stand, place, The commissioner, or his inspectors at his di

building or premises. Whenever an inspector finds rection, shall at least once in two years visit the a violation of the statutes relating to weights and various cities of the state in order to inspect the measures he shall report the same to the commiswork of the local sealers, and in the performance sioner, who shall cause the violator to be proseof his duties he may inspect the weights, measures, cuted. [1917; last amended 1919.] balances or any other weighing appliances of any citizen, firm or corporation, and shall have the Sec. 15. Sealing. same powers as the local sealer of weights and Whenever an inspector compares weights, measmeasures. [1917]

ures or weighing or measuring instruments and

finds that they correspond with the standards in his Sec. 11. Duty of supervision.

possession and conform to the specifications and He shall have and keep a general supervision of regulations of this deptrtment, or causes them to the weights, measures and weighing and measuring correspond with said standards and to conform to devices offered for sale, sold or in use in the state. said specifications and regulations, he shall seal or [1917]

mark such weights, measures, weighing or measur

ing instruments with appropriate devices to be apSec. 12. Promulgation of regulations.

proved by the commissioner. [1917; last amended The commissioner shall issue from ime to time

1919.) regulations for the guidance of city sealers, and the said regulations shall govern the procedure to

Sec. 16. Condemning. be followed by the aforesaid officers in the dis- He shall condemn and seize to hold as evidence, charge of their duties. [1917]

and may, upon order of the court, destroy, incor

rect weights, measures, or weighing or measuring Sec. 13. Inspectors: Powers.

instruments which, in his judgment, are not susWhen not otherwise provided by law the in- ceptible of satisfactory repair; but such as are inspectors shall have the power, under the direction correct and may be repaired he shall mark or tag of the commissioner, to inspect, test, try and ascer- as condemned for repairs in a manner prescribed tain if they are correct, all weights, scales, beams, by the commissioner. [1917; last amended 1919.) ] measures of every kind, weighing or measuring instruments, or mechanical devices for measuring, Sec. 17. Correcting condemned scales. and tools, appliances or accessories connected with The owners or users of any weights, measures or any and all such instruments or measures kept, of- weighing or measuring instruments, of which such fered or exposed for sale, sold, used or employed disposition is made, shall have the same repaired Revised Laws 1942, Vol. 1, Title XVII, Ch. 192— sold in violation of this cnapter (Secs. 1–53). Weights and Measures—Continued.

[1917; last amended 1919.) or corrected within the time prescribed by the com- Sec. 23. Use of false weights, etc.; penalties. missioner, and they may neither use nor dispose of Any person who, by himself or by his servant or the same, except as permitted by the commissioner, agent, or as the servant or agent of another, shall but shall hold the same at his disposal. [1917; offer or expose for sale, sell, use or retain in his last amended 1919.)

possession for use, a false weight or measure or

weighing or measuring device, or any weight or Sec. 18. Confiscating condemned apparatus.

measure or weighing or measuring device which Any apparatus which has been condemned for

has not been sealed by the commissioner or an repairs, and has not been repaired as herein re- inspector, or by a sealer of weights and measures quired, shall be confiscated as provided in section within one year, for the purpose or the apparent 16. [1917; last amended 1919.

purpose of buying or selling of any commodity or Sec. 19. Records and reports.

thing, or for hire or reward; or shall dispose of any

condemned weight, measure or weighing or measThe inspectors and city sealers shall keep a com- uring device contrary to law, or remove any tag plete record of all their official acts, and shall make placed thereon by the commissioner or inspector, reports to the commissioner of weights and meas- or by a sealer of weights and measures, without his ures as he may direct, on blanks approved by him.

permission; or any person who, by himself or by [1917; last amended 1919.)

his servant or agent, or as the servant or agent of

another, shall sell or offer or expose for sale less Sec. 20. City sealers.

than the quantity he represents, or shall keep in There shall be a sealer of weights and measures the salesroom of a store any weighing device except in cities of not less than ten thousand population, prescription scales not in full view of a customer, according to the latest United States census, to be or sell or offer or expose for sale any commodity in appointed by the mayor, with the consent of the

a manner contrary to the laws relative to weights city council. He shall, in said city, have the same and measures, or, in purchasing, misrepresents the powers and duties as the state inspectors have else- amount purchased, shall be fined not less than where. [1917; last amended 1919.)

twenty nor more than two hundred dollars, or

imprisoned not more than three months, or both, Sec. 21. City apparatus.

upon a first conviction; upon a second or subseThe common council of each city required to quent conviction he shall be fined not less than appoint a sealer shall procure at the expense of the fifty nor more than five hundred dollars, or imcity, and shall keep at all times, a complete set of

prisoned not more than one year, or both. [1917; weights and measures and other apparatus of such last amended 1933.] materials and construction as the commissioner may direct. All such weights, measures and other Sec. 24. Obstructing officials; penalty. apparatus, having been tried and accurately proven Any person who shall hinder or obstruct in any by him, shall be sealed and certified to by the com- way the commissioner, any inspector or any city missioner as hereinbefore provided, and shall be sealer in the performance of his official duties shall then deposited with and preserved by the city be fined not less than twenty nor more than two sealer as public standards for the city. Whenever hundred dollars, or imprisoned not more than the common council of such city shall neglect ninety days, or both. [1917; last amended 1919.) for six months to provide such standards the city

Sec. 25. Impersonating official; penalty. clerk of said city, on notification and request by

Any person who shall impersonate in any way the commissioner, shall provide the same and cause them to be tried, sealed and deposited at the ex

the commissioner, any inspector or city sealer, by

use of his seal or counterfeit of his seal or otherpense of the city. [1917; last amended 1919.]

wise, shall be fined not less than one hundred nor Sec. 22. Authority as police.

more than five hundred dollars, or imprisoned The commissioner of weights and measures, his

not more than one year, or both. [1917; last

amended 1919.] inspectors, and the city sealers of weights and measures, are special policemen, and are author- Sec. 26. Provisions governing weights and measures for ized and empowered to arrest, without formal war- certain commodities. rant, any violator of the statutes in relation to In proceedings under section 23, for false or weights and measures, and to seize for use as evi- insufficient weights or measures in connection with dence, and without warrant, any false or unsealed the sale of any article, the following weights and weight, measure or weighing or measuring device, provisions shall govern: or package or amounts of commodities found to be I. Bushel by Weight. Except where the parties used, retained or offered or exposed for sale or shall expressly agree to sale by some other standard

the capacity of any basket or other receptacle in which such fruit is sold or intended to be sold; and if the same is found to contain less than the standard measure, or if the quantity of such fruit is otherwise less than as herein provided, he shall seize the same and make complaint against the vendor. [1917; last amended 1945.]

1 A slight change has been made in the arrangement for convenience of reference.

Sec. 27. Baskets of berries, cherries, or currants: Posting

notice.

The proprietor of any place where articles named in paragraph IV of the preceding section are sold or kept for sale shall post conspicuously, in a place ordered by the commissioner and where patrons may easily read the same, a printed notice to be furnished by the commissioner, containing said paragraph and such other information as the commissioner may direct. [1917; last amended 1919.) Sec. 28. Same: Penalty for violations.

Whoever sells or offers for sale, or has in possession with intent to sell, any such fruit in any receptacle holding one quart or less which does not conform to said standard, or, conforming thereto, is not at least level measure, or fails to keep posted the notice hereinbefore provided, shall be punished as provided in section 23. (1917; last amended

than by weight, a bushel shall contain the number of pounds hereinafter set forth:1

Pounds Dried apples

25 Beets

60 Small white beans

60 Soy beans (glycine hispida)

58 Barley

48 Bran

20 Buckwheat

48 Indian corn

56 Corn meal

50 Cracked corn

50 Cranberries

32 Carrots

50 Clover seed

60 Flaxseed

56 Herds grass or timothy seed

45 Japanese barnyard millett, (P. crusgalli)

35 Lime

70 Oats

32 Onions

52 Pears

58 Peaches

48 Dried peaches

33 Peas

60 Parsnips

45 Roasted peanuts

20 Green peanuts

22 Irish potatoes

60 Sweet potatoes

54 Quinces

48 Rye

56 Rye meal

50 Coarse salt

70 Fine salt

50 Shorts

20 Tomatoes

56 Turnips

55 Wheat

60 String beans

24 Shell beans

24 Unshelled green peas

28 Beet greens

12 Dandelions

12 Parsley

8 Spinach

12 Cucumbers

48 and for fractional parts of a bushel like fractional parts of the above weights shall be required.

II. Dry Measure. All fruits, nuts and vegetables, if sold by measure, shall be sold by dry measure, United States standard.

III. Heaping Measures. Commodities, the individual units of which are determined by the commissioner as large in size, shall be measured by heaping measures; that is: The measure shall be heaped up in the form of a cone, the outside rim of the measure to be the base of the cone and the cone to be as high as the commodity will admit; other commodities shall be measured by struck or level measure.

IV. Baskets. Baskets or other receptacles holding one quart or less, which are used in the sale of berries, cherries or currants, shall be of the capacity of one quart, one pint, or half-pint, United States standard dry measure. Said baskets or other receptacles shall not be required to be tested and sealed, but any sealer or health officer may test

1919.)

Sec. 29. Packaged commodities: Marking requirements; tol

erances.

It shall be unlawful for any person to sell or offer for sale any commodity in package form unless the contents thereof is expressed in terms of net weight, measure or numerical count in a conspicuous place on the outside of the package, in a plainly printed statement in large type. Reasonable variations or tolerances shall be permitted, and these variations or tolerances as provided in section 51 and also exemptions as to small packages shall be established by rules and regulations made by the commissioner.' [1917; last amended 1919.) Sec. 30. Package defined.

When used in laws relative to weights and measures the word "package" shall mean any commodity in a box, basket, barrel, bottle, bag, bale, crate, carton, case, can, cask, crock, drum, demi-john, firkin, hamper, hogshead, half-barrel, jar, jug, keg, lug, phial, pail, sack, tube, tub, tank, vessel or any other receptacle or container of whatsoever material or nature which can be used for enclosing any commodity or in coverings or wrappings of any kind making one complete package of the commodity, provided, however, the definition herein shall not apply to the sale of articles by the retailer from bulk and by him put up at the time of actual delivery to his customers. [1937]

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