or tag naming in quarts its original capacity of liquid measure but no can originally containing forty quarts, liquid measure, shall be labeled or tagged. [1907]

Sec. 51:1-12. Same: Penalty for violations.

A person violating any provision of sections 51:1-10 or 51:1-11 of this title [Secs. 51:1-1— 51:9-21] shall be liable to a penalty of fifty dollars to be recovered in an action at law before the small cause court or district court by any person who may sue therefor and who shall be designated in the state of demand and summons as plaintiff. Such penalty when recovered shall be paid to the county treasurer of the county in which the violation occurred. [1907]

Sec. 51:1-13. Butter and cheese packages: Branding by manufacturer; penalty against manufacturer for not branding or falsely branding.

Every firkin, tub or other vessel for the package of butter or cheese shall be branded in legible letters and characters by the cooper or manufacturer with his name and the actual and true weight of the firkin, tub or vessel.

A cooper or manufacturer who shall dispose of any such firkin, tub or vessel without such brand or who shall falsely brand the same shall forfeit and pay to such person as shall prosecute for the same the sum of twenty-five dollars to be recovered by action at law in any court of competent jurisdiction. [1877]

Sec. 51:1-14. Same: Use of unbranded package; defacing or altering brand; penalty.

Any person who shall sell or dispose of butter or cheese in a firkin, tub or vessel manufactured for such purpose in this state which is not branded as required by section 51:1-13 of this title [Secs. 51:1-1-51:9-21] and any person who shall alter or purposely deface such brand shall forfeit and pay the sum of twenty-five dollars to such person as shall sue for the same in an action at law in any court of competent jurisdiction. [1877]

Sec. 51:1-15. Liquids only to be sold by liquid measure. No person shall use a liquid measure in the purchase or sale of other than liquid commodities. [1911]

Sec. 51:1-16. Standard bushel.

The standard bushel shall contain two thousand one hundred and fifty and forty-two one-hundredths cubic inches which capacity shall apply to all articles usually sold by the bushel and not weighed. [1908]

Sec. 51:1-17. Food to be sold only by weight or numerical count; exceptions; penalty.

All articles of food, other than liquids, which are capable of being measured by dry capacity

measure and which heretofore have been sold by dry capacity measure in this state shall, except as hereinafter provided, be offered for sale or sold upon the basis of avoirdupois net weight or by numerical count only, and it shall be unlawful for anyone to use or employ any dry capacity measure, basket, barrel or container of any kind as a means of determining the amounts or quantities of any such articles of food offered for sale or sold. The provisions of this section shall not be construed to apply to:

a. Fruits and vegetables offered for sale or sold in closed or covered original standard containers;

or

b. Articles of food offered for sale by bona fide farmers in any farmers' public market, in open or uncovered original standard containers; or

c. Vegetables which by common custom are offered for sale or sold by the bunch; or

d. Fresh berries and other small fruits, which are customarily offered for sale and sold by the box, basket or other receptacle, except, however, when such fresh berries and other small fruits are offered for sale or sold in bulk, in which case the provisions of this section shall apply to the extent that such fresh berries and other small fruits shall be offered for sale and sold by avoirdupois net weight only, but all fresh berries and such other small fruits, when offered for sale or sold shall be so offered for sale or sold in boxes, baskets or receptacles of uniform size to hold one quart or one pint dry measure only, uniformly and evenly filled throughout.

As used in this section:

"Dry capacity measure" means only bushel, halfbushel, peck, half-peck, quarter-peck, quart, pint, half-pint and similar measures.

"Original standard container" means only barrels, boxes, baskets, hampers or similar containers, the dimensions or capacity of which is established by law of this state or by act of congress, the contents of which have not been removed or repacked, and upon which is plainly and conspicuously marked the net quantity of contents thereof in terms of weight, measure or numerical count.

"Bona fide farmers" means agriculturists or growers of fruits and vegetables who actually produce the commodities they sell and who are registered as such either with the state department of agriculture or with any county agent or board of agriculture.

Any person violating any of the provisions of this section shall, for the first offense, be liable to a penalty of not less than twenty-five nor more than fifty dollars, for a second offense to a penalty of not less than fifty nor more than one hundred dollars, and for each subsequent offense to a penalty of not less than one hundred nor more than two hundred dollars. [1924; last amended 1935.]

Statutes Annotated, Title 51, Ch. 1, Art. 2-Weights and Measures, Standards-Continued.

Sec. 51:1-18. Bread to be sold by weight; specification of weight to purchaser.

All bread shall be sold by weight. The weight of all loaves of bread offered for sale shall be specified by the baker or dealer to the consumer, if the consumer require it. [1896]

Sec. 51:1-19. Pounds per bushel.1

All commodities hereinafter named in this section shall be sold either by the bushel or by weight. When sold by the bushel, the bushel shall consist of the number of pounds hereinafter stated, which shall be the true and legal standard. When any of such commodities are sold in the subdivisions of the bushel, the number of pounds in such subdivisions shall consist of the fractional part of the number of pounds as hereinafter set forth for the bushel, namely:

Alfalfa seed

Castor beans

Charcoal

Clover seed

Coke

Cotton seed, upland

Cotton seed, sea island

Pounds per bushel

60

46

20

60

40

30

44 56

50

14

Flaxseed

Grass seed, Hungarian

Grass seed, native blue

14

1 The above section has been superseded by Sec. 51:1-17, page 635, and Sec. 51:1-38, page 640.

Sec. 51:1-20. Barrel for cranberries; marking.

The standard barrel to be used for buying or selling cranberries in this state or for transporting the same outside of this state shall be of the following size when measured without distention of its parts: head, sixteen and one-quarter inches diameter; staves, twenty-eight and one-half inches long, and not more than four-tenths of an inch thick; bilge, fifty-eight and one-half inches outside circumference; distance between heads, twenty-five and one-quarter inches. Such barrels shall be branded or stenciled in a durable manner "standard". [1911; last amended 1914.]

Sec. 51:1-21. Bushel and crate for cranberries.

The standard measure for a bushel of cranberries shall be thirty-two quarts, rounded measure. The standard crate or box to be used for buying or selling cranberries in this state or for transporting the same outside of this state shall be twenty-two inches in length, twelve inches in depth and seven and one-half inches in width inside clear measure. [1911]

No person shall sell or deliver, or have in pos session with intent to sell or deliver, any fruit berries or vegetables contained in any climax bas ket, unless such climax basket shall have legibl marked on the outside thereof, by the manufacture thereof, in English letters or Arabic numerals, th exact capacity of such climax basket, and unles such climax shall also contain the name and ad dress of the manufacturer thereof, painted or wri ten thereon, legibly in the English language, of in lieu of such name and address, a sign or symbo furnished him by the state superintendent. [1924

Sec. 51:1-23. Nonstandard climax baskets: Manufacture fo bidden.

No person shall manufacture for shipment sell for shipment any climax basket for fruits, be ries or vegetables, filled or unfilled which do not conform to section 51:1-22 of this title [Sec 51:1-1-51:9-21]. [1924]

Sec. 51:1-24. Same: Sale or possession forbidden.

No person shall sell or deliver, or have in po session with intent to sell or deliver any fruit berries or vegetables, contained in any clima basket which does not conform to section 51:1

of this title [Secs. 51:1-1-51:9–21]. [1924]

Sec. 51:1-24.1. Penalties for violations of sections 51:1-22 51:1-24.

Any person violating any of the provisions sections 51:1-22, 51:1-23 or 51:1-24 of this tit [Secs. 51:1-1-51:9-21] shall, for the first offens be liable to a penalty of not less than twenty-fi nor more than fifty dollars, for a second offen to a penalty of not less than fifty nor more tha one hundred dollars, and for each subsequent d fense to a penalty of not less than one hundred n more than two hundred dollars. [1924]

Sec. 51:1–25. Standard peach basket; marking; penalty.

The standard peach basket shall be sixteen quarts Winchester half-bushel measure. It shall be of the Following dimensions: Height, twelve and one-quarter inches; width across the top, thirteen and onehalf inches; inside measurement, one thousand and seventy-five and ten one-hundredths cubic inches. Each basket shall be marked "Standard N. J." upon the staves just below the rim in Roman letters, not less than one inch in length and not ess than one-half inch in width. Such letters shall be burned on or printed with permanent red paint n a straight line.

All persons who shall manufacture for sale or who shall offer or expose for sale any nonstandard basket to be used for selling or shipping peaches hall distinctly and durably stamp, brand or mark upon such basket upon the stave just below the im, the number of quarts such basket contains.

Any person who shall manufacture, sell or offer or expose for sale, or have in his possession with ntent to sell or use any peach basket not stamped, ›randed or marked as by this section required shall or each offense forfeit and pay a fine of not less han twenty-five dollars nor more than fifty dollars o be recovered with costs in any court of com>etent jurisdiction in an action to be prosecuted y the prosecutor of the pleas in the name of the tate. One-half of such recovery shall be paid to the nformer and the residue shall be applied to the upport of the poor in the county where such ecovery is had. [1908]

ec. 51:1-26. Sale of fruits or vegetables in non-standard containers forbidden.

Except as standards are otherwise provided by iw, no person shall sell or deliver, or have in ossession with intent to sell or deliver any fruits, erries or vegetables contained in any box, basket r other container, unless such box, basket or other ɔntainer shall be of the capacity, in standard dry leasure, of thirty-two, twenty, sixteen, eight, four r two quarts, or one quart or one pint.

- This section shall not be construed to apply to he sale or delivery, or the possession with intent › sell or deliver, of any fruits, berries or vegetables ontained in any sealed can, jar or bottle, or hich are sold by the barrel, except cranberries, hich may be sold in standard crates or barrels f the standard measure prescribed by sections 1:1-20 and 51:1-21 of this title [Secs. 51:1-1— 1:9-21]. [1914]

c. 51:1-27. Capacity of container to be marked thereon. No person shall sell or deliver, or have in posssion with intent to sell or deliver, any fruit, erries or vegetables contained in any basket, box r other container, unless such basket, box or ther container shall have legibly marked on the utside thereof, by the manufacturer thereof, in

888243-51-41

English letters or Arabic numerals, the exact capacity of such basket, box or other container, and the name and address of the manufacturer thereof, legibly printed or written thereon in the English language, or in lieu of such name and address, a sign or symbol furnished him by the state superintendent. [1914]

Sec. 51:1-27.1. Penalty for violating sections 51:1-26 and 51:1-27.

Any person violating any of the provisions of either section 51:1-26 or section 51:1-27 of this title [Secs. 51:1-1-51:9-21] shall be liable to a penalty of not less than five nor more than one hundred dollars for each offense. Such penalty may be sued for and recovered by the state superintendent or by the county or municipal superintendent of weights and measures of the county or municipality in which such violation occurred. The proceedings for the collection of such penalty shall be in all respects the same as the proceedings for the collection of penalties under and by virtue of article 4 of this chapter (Sec. 51:1-89 et seq.). [1914]

Sec. 51:1-28. Marking of containers; packer's name; penalty.

Any person who shall pack, or cause to be packed for the purpose of selling, offering or exposing for sale any fruits or vegetables, in crates, covered baskets, carriers, sacks or other containers shall plainly and conspicuously mark in lettering not less than three-eighths of an inch in size, on the outside or top of such container, or on a tag firmly affixed thereto, his name and address. Before so doing he shall remove from the container all names and addresses, excepting the name and address of the manufacturer of the container.

Any person violating any of the provisions of this section shall for the first offense be liable to a penalty of not less than twenty-five nor more than fifty dollars, for a second offense to a penalty of not less than fifty nor more than one hundred dollars, and for each subsequent offense to a penalty of not less than one hundred, nor more than two hundred dollars. [1920; last amended 1929.]

Sec. 51:1-29. Sale of food in package form: Marking requirements; permissible tolerances and exemptions; penalty.

No person shall distribute or sell, or have in his possession with intent to distribute or sell, any article of food in package form, unless the net quantity of the contents be plainly and conspicuously marked on the outside of the package in terms of weight, measure or numerical count.

Reasonable variations, tolerances and exemptions as to small packages shall be permitted. The state superintendent shall by order fix such tolerances and exemptions as to small packages as shall have been or may hereafter be fixed by the secretary of the treasury, the secretary of agricul

Statutes Annotated, Title 51, Ch. 1, Art. 2—Weights and Measures, Standards-Continued.

ture and the secretary of commerce of the United States of America.

Such tolerances and exemptions shall be published at the end of the session laws of the legislature next thereafter published after the making of said order and shall take effect when so published.

If any such tolerance or exemption, so adopted, shall be changed by the three secretaries above named, it shall not continue in effect in this state after such change has become effective. Any such order may be prima facie proven in any court by the mere production of the volume of such laws containing the publication thereof.

Any person violating any of the provisions of

this section shall for the first offense be liable to a penalty of not less than twenty-five nor more than fifty dollars, and for a second offense to a penalty of not less than fifty nor more than one hundred dollars, and for each subsequent offense to a penalty of not less than one hundred nor more than two hundred dollars. [1916; last amended 1921.]

Sec. 51:1-30. Milk and cream bottles: Capacity and tol

erances.

Bottles used for the sale of milk and cream shall be of the capacity of half gallon, three pints, one quart, one pint, half pint, and one gill, filled to the bottom of the cap, ring or stopple. The following variations on individual bottles or jars may be allowed: Six drams above and six drams below on the half gallon; five drams above and five drams below on the three pints; four drams above and four drams below on the quart; three drams above and three drams below on the pint; two drams above and two drams below on the half pint; and two drams above and two drams below on the gill. [1912]

Sec. 51:1-31. Same: Penalty for violating preceding section. Any manufacturer who shall sell milk and cream bottles to be used in this state that do not comply with section 51:1-30 of this title [Secs. 51:1-1—51:9-21] shall be liable to a penalty of five hundred dollars, to be recovered in an action at law to be brought by the state superintendent in the name of the state.

Any dealer, who shall knowingly use for the purpose of sale milk or cream jars or bottles, that do not comply with said section 51:1-30, shall be guilty of a misdemeanor.1 [1912]

1 See Secs. 51:1-89, 51:1-96, 51:1-99-51:1-101, penalties for violations.

pages

646-647,

Sec. 51:1-31.1. Ice cream and frozen products: Definitions. As used herein, the term "frozen desserts" shall be deemed to mean and include "ice cream", "cus

tard ice cream", "French ice cream", "French custard", "frozen custard", "sherbet", "ice", and "fruit ice". Fancy form shall be deemed to mean “an individual portion or container which simulates a special form or design to be sold for special occasions in units of not less than four and which are not normally sold in retail trade". Molded form shall be deemed to mean "a special form or design of eight or more fluid ounces which does not conform to the container in which it is packed". [1941]

Sec. 51:1-31.2. Same: Containers; sizes; marking require

ments.

Frozen desserts shall be sold in containers of the following capacities only: one quart, one pint, one half pint and multiples of the half pint. The ne contents of the container shall be marked on the side or top thereof in a plain and conspicuous manner. Containers may be of capacities of les than eight fluid ounces if the net contents of the container, in terms of fluid ounces, is indicated or the side or top thereof in a plain and conspicuou manner. [1941]

Sec. 51:1-31.3. Same: Sale by unit; molded forms.

When frozen desserts are in individual units o fancy form, and each unit is less than eight fluid ounces, they may be sold by the unit without bein marked as to net contents. Molded forms may b sold in containers that do not comply with th provisions of paragraph two [Sec. 51:1-31.2]; pro vided, the net contents in fluid ounces is plainl marked on the container as provided in paragrap nine [Sec. 51:1-31.9] of this act [Secs. 51:1-31.1– 51:1-31.10]. [1941]

Sec. 51:1-31.4. Same: Weight.

Frozen desserts shall weigh not less than fou and five-tenths pounds per gallon. [1941]

Sec. 51:1-31.5. Same: Name of manufacturer or dealer d containers.

The name of the manufacturers or dealer sha be plainly and conspicuously marked on each co tainer of frozen desserts. A number assigned by th State Superintendent of the Department of Weigh and Measures, upon the written application of manufacturer, may be used by such manufactur in lieu of his name as required by this regulatio This regulation as to designating number, in li of a name, shall not apply to retail sales. [194 Sec. 51:1-31.6. Same: Expressing contents of containers.

The contents of frozen desserts containers sha be expressed in terms of the U. S. standard gall and as follows: one quart, one pint, one-half pi or multiples of the one-half pint, and containe of less than eight fluid ounces in terms of flu ounces. [1941]

c. 51:1-31.7. Same: Sale for consumption on premises exempted.

Frozen desserts sold for consumption on the remises are exempt from the marking provisions. 1941]

c. 51:1-31.8. Same: Indication of net contents.

All containers of whatsoever size, must have an idication of the net contents except in the case of ncy forms of less than eight fluid ounces, in which ise the containers must be marked as to the numer of forms contained therein. [1941]

c. 51:1-31.10. Same: Tolerances.

Reasonable tolerances or variations as to quanty shall be permitted. There is no tolerance peritted with reference to the minimum weight per illon requirement for frozen desserts. [1941]

c. 5:1-32. Thread marked as to weight and length; tolerances; penalties.

No person shall sell or offer for sale sewing, bastg, darning, crochet, tatting, knitting, or embroidy thread, made of cotton, flax, silk or any simir fibre, put up on spools, tubes, cones, bobbins, in balls, skeins or other similar packages, unless ere is affixed to or impressed upon a conspicuous rt of each of such spool, tube, cone, bobbin, ll, skein, or other similar package, a label or imp which shall be plain and conspicuous, and ich shall plainly indicate either the net weight avoirdupois pounds and ounces, or the length yards of such thread. When, however, the net ight of such thread on any such spool, tube, ne, bobbin, or in any such ball, skein or other nilar package is less than two avoirdupois ounces, ch label or stamp shall indicate the length of ch thread in yards, before such packages or any ereof are offered for sale; and, further, where, ›m the shape, size or character of the spool, tube, ne, bobbin, ball, skein or other similar package is impossible so to affix or impress such label stamp, a label or stamp shall be affixed to the x or other container in which such packages : put up, stating the number of units contained erein and the net weight or yardage of each such it as hereinbefore prescribed.

If any person shall sell or offer for sale such ead on any such spool, tube, cone, bobbin, or in y such ball, skein or other similar package or x, or other container, without a label or stamp ecifying the net weight or number of yards of ead contained thereon, as herein provided, or ll sell or offer for sale such thread on any such bol, tube, cone, bobbin, or in any such ball, skein other similar package, or box or other container, ighing or measuring more than five per cent less in the net weight or number of yards that the el or stamp thereon specifies, such person shall, the first offense, be liable to a penalty of not 3 than twenty-five nor more than fifty dollars,

and for a second offense to a penalty of not less than fifty nor more than one hundred dollars and for each subsequent offense to a penalty of not less than one hundred nor more than two hundred dollars. [1924]

Sec. 51:1-33. Laundry: Definitions.

As used in sections 51:1-34 and 51:1-35

"Laundries" and "laundry establishment" means and includes all persons, conducting or operating power laundry plants, hand laundries and agencies thereof;

"Laundry" means and includes all articles of clothing or wearing apparel, bed and table linen, rugs, draperies and any and all materials capable of being washed or cleaned by laundering process. [1927]

Sec. 51:1-34. Same: Tested scales.

All commercial laundries, performing, selling, or offering for sale, laundry service on the basis of weight, shall have legal scales of approved type and design, properly tested and sealed. [1927]

Sec. 51:1-35. Same: Delivery tickets; marking; alteration of ticket prohibited; tolerances.

Each delivery of laundry, which is charged for on the basis of weight, shall be accompanied by a delivery ticket, which shall have indelibly marked, perforated, stamped or impressed thereon, the name and address of the laundry establishment, the net avoirdupois weight of the laundry, determined prior to washing, the price per pound, the amount of the total charge, and in clear, concise language the method by which said charge is computed. Reasonable tolerances and variations in weight, determined by the state superintendent, shall be permitted. Such ticket shall also bear the true name and address of the customer, except if the customer be a transient.

Such delivery tickets shall in all cases be made out in duplicate, or a record thereof kept as part of the office records of said laundry establishment. No person shall alter or deface any such delivery tickets or in any manner misrepresent the weight of the laundry so delivered.

The net weight determined prior to washing shall be marked on the ticket in all cases whether in excess or in deficiency of a minimum weight contract or agreement as may be fixed by the laundry establishment. [1927]

Sec. 51:1-35.1. Same: Penalties for violating sections 51:1-34 and 51:1-35.

Any person violating any of the provisions of either section 51:1-34 or section 51:1-35 of this title [Secs. 51:1-1-51:9-21], or who alters or defaces delivery tickets as specified in said section 51:1-35, or who in any manner misrepresents the weight of the laundry so delivered, shall for the first offense be liable to a penalty of not less than