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company the same; each crate or container shall be and any weights and measures officer shall have the marked by means of a tag firmly fixed or attached power to arrest any violator without warrant where thereto with the name and address of the person there is a violation within his view and conduct from whom the poultry in such crate or container him to a court having jurisdiction in the municiwas bought.

pality where the arrest is made or the violation It shall be unlawful for any dealer, broker or committed. [1942] agent of such dealer or broker to transfer or cause the transfer of poultry from one crate or container

Sec. 4:11-48. Issuing agents; disposition of moneys collected. to another before returning to a warehouse, estab- The superintendent of the department shall lished place of business or distribution point; pro- designate county and municipal superintendents vided, however, if part of the live poultry is sold of weights and measures as issuing agents through before returning to any of the said locations it shall whom the licenses, license plates and certificates be lawful if at the time of sale, a sales slip or provided for in this act [Secs. 4:11-35—4:11-49] ticket is made out, in duplicate, showing his name may be issued to applicants in their respective counand address, the name and address of the person ties and municipalities. All moneys collected by to whom the poultry is sold, the number of units the said county or municipal superintendents shall of poultry and the avoirdupois net weight of the be transmitted to the State superintendent, on or same, together with identification of the crate or before the twenty-fifth day of the month following container from which the poultry was taken. The the date of issue. The moneys shall thereupon be original copy of the sales ticket shall be given to turned over to the State Treasurer who shall make the person buying the said poultry and the dupli- distribution thereof on the dates and in the mancate copy shall be retained by the seller for a period ner provided for in section 51:8–13 of the Revised of one year and shall be subject at all times to in- Statutes. [1942] spection by a duly authorized weights and measures officer. (1942)

Statutes Annotated, Title 4, Ch. 12, Art. 2—Milk

and Cream. Sec. 4:11-46. Exceptions.

Sec. 4:12-41.2. Test glassware; inspection charge; markings; The provisions of this act (Secs. 4:11–35—4:11

methods; approval of installation of laboratory equip49] shall not apply to any legally incorporated agricultural cooperative association in dealings with its

No person, nor any employee of such person, members, nor to storekeepers having not more than

shall use in the determination of the butter fat two stores where poultry is bought in small quantities and foods of all kinds are sold at retail, nor

content of milk or cream any test glassware, or cento any hotel, restaurant or establishment where

trifuges except such as conform to the requirements

of the United States Bureau of Standards and poultry is bought for consumption on the prem

which have been inspected, tested and approved (1942)

by the director (director of New Jersey agriculSec. 4:11-47. Fines; jurisdiction; process; arrest.

tural experiment station.'). For each inspection Any person who violates any of the provisions the director shall have the right to make a reasonof this act (Secs. 4:11–35—4:11-49], upon being

able charge, not in excess of five cents ($0.05) per found guilty, shall pay a fine of not less than twen- item. Every piece of test glassware inspected by ty-five dollars ($25.00) nor more than fifty dollars the director and found to be correct shall be marked ($50.00) for the first offense, nor less than fifty by the director with the letters "S. G. N. J." dollars ($50.00) nor more than one hundred dol- (Standard Glassware New Jersey) and promptly lars ($100.00) for the second offense, and not less returned to the owner or disposed of as directed, than one hundred dollars ($100.00) nor more than and the use of such glassware not bearing the lettwo hundred dollars ($200.00) for the third or sub

ters "S. G. N. J." shall constitute a violation of sequent offense; if unable to forthwith pay any fine this act (Secs. 4:12–41.1–4:12–41.24]. No method the violator shall be committed to the county jail other than the “Babcock" test or the “Gerber" for a period not exceeding ninety days. The pro- test shall be used in determining the butter fat cedure for the recovery of any fine shall be the

percentage of milk or cream until such test has same as the procedure specified in sections 51:1

been approved by the director. Every installation 103 to 51:1-108 of the Revised Statutes. Jurisdic- of laboratory equipment to be used in determining tion of all cases arising out of violations of the the butter fat content of milk or cream shall be provisions of this act is hereby conferred upon all inspected and approved by the director. The use justices of the peace, judges of the city criminal

of an unapproved installation is a violation of this courts, police judges and recorders located in the

act. (1943) ] county in which such violations are committed.

1 Now Secretary of Agriculture. See Sec. 4:12-41.25, page 667; In any proceeding process shall be the same as that

powers and duties of Director transferred to Secretary of Ag. provided for in said sections 51:1–103 to 51:1-108, riculture.

ises.

Statutes Annotated, Title 4, Ch. 12, Art. 2–Milk

and Cream Continued. Sec. 4:12-41.5. Persons weighing, approval of; record; duplicate statements and records.

No sample of milk or cream taken for the purpose of making a butter fat test, and no weight or measure of milk or cream to be used as a basis of payment under the provisions of this act (Secs. 4:12-41.1-4:12-41.24] shall be taken by any person nor any employee of such person who has not first been approved by the director1 to be competent to weigh and sample milk and cream. Immediately after the milk or cream has been measured a record shall be made showing the date, the producer's name or number, and the weight or volume of milk or cream received, and such record shall be available to the director at all reasonable times and each producer of said milk or cream shall upon request within twenty-four hours following each daily delivery be furnished a duplicate statement giving the date and the weight or volume of milk or cream delivered, and in addition the person receiving the milk shall furnish to each producer a record of the daily weight or volume of milk or cream received and the test thereof for each period of delivery. Such period of delivery shall not exceed sixteen days and the statement required to be furnished to producers shall be furnished within six days after the end of such period of delivery. If in the opinion of the director it will effectuate the purpose of this act he may require an individual licensee to furnish each producer with a duplicate record of the weight or volume of milk or cream received immediately following each delivery of such milk or cream. [1943]

1 See footnote following Sec. 4:12–41.2, page 665. Sec. 4:12–41.9. Type of weigh tank or container.

No person receiving or purchasing milk or cream on the basis of its butter fat content shall use a weigh tank or container from which the butter fat sample is taken, that has any partition, division or strainer which may divide, in any way either vertically or horizontally, into more than one section or compartment the volume of milk or cream from which such sample is taken. The contents of such weigh tank or container shall be agitated prior to sampling in a manner approved by the directori to insure the taking of an accurate and representative sample. [1943)

1 See footnote following Sec. 4:12–41.2, page 665. Sec. 4:12-41.11. Underreading, overreading or manipulating test; falsifying records.

No person, nor any employee of such person, shall underread, overread or in any way manipulate any approved butter fat test so that other than the true butter fat percentage is obtained; and it shall also be unlawful for any person or any em

ployee of such person to falsify the record of any such butter fat test. [1943] Sec. 4:12-41.12. Underreading, overreading or manipulating weighing or measuring device; falsifying records.

No person, nor any employee of such person, shall underread, overread or in any way manipulate any weighing or measuring device so that other than the true weight or measure of the milk or cream purchased is obtained; and it shall also be unlawful for any person, or any employee of such person to falsify the record of any such weight or measure. [1943] Sec. 4:12-41.13. Correct weights, measures and test required.

No person purchasing milk or cream on the basis of its butter fat content shall use any weight, measure or butter fat test thereof other than the correct weight, measure, or butter fat test; nor shall such person have in his possession any inaccurate, defective or untrue weighing or measuring device; nor shall any such person make any misrepresentation as to any weight, measure or test. If investigation discloses tampering with samples taken for butter fat testing, the license of the sampler or tester charged with the proper care of such samples shall immediately be revoked or suspended by the director. [1943]

1 See footnote following Sec. 4:12-41.2, page 665. Sec. 4:12-41.15. Rules and regulations.

The director is hereby empowered to promul gate such rules and regulations not inconsistent with the provisions of this act (Secs. 4:12–41.14:12–41.24) as he may deem necessary for its enforcement. [1943]

1 See footnote following Sec. 4:12-41.2, page 665. Sec. 4:12441.19. Penalties for violations.

Any employee of any person buying milk or cream on the basis of the amount of butter fat contained therein, or any person testing milk or cream for percentage of butter fat violating any of the provisions of this act (Secs. 4:12-41.1–4:1241.24], upon conviction thereof shall be fined not less than twenty-five dollars ($25.00) or more than five hundred dollars ($500.00) or bé imprisoned in the county jail for not less than ten days or more than ninety days. Any person buying or paying for milk or cream on the basis of the butter fat contained therein, violating any provisions of this act, upon conviction thereof shall be fined in the sum of one hundred dollars ($100.00) or be imprisoned in the county jail for not less than ten nor more than ninety days for the first offense and in the sum of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) or be imprisoned in the county jail for not less than sixty days nor more than six months for each subsequent offense. [1943]

Sec. 4:12-41.25. Powers and duties of director of New Jersey

Agricultural Experiment Station transferred to Department of Agriculture.

The functions, powers and duties charged to the director of the New Jersey Agricultural Experiment Station by "An act concerning the purchasing, buying or receiving of milk or cream on the basis of the butter fat content thereof; regulating the testing, sampling and weighing of the same; requiring permits and licenses and the keeping of records in connection therewith, defining the powers and duties of the director of the New Jersey Agricultural Experiment Station; providing penalties for violation of the provisions thereof, supplementing Title 4 of the Revised Statutes, and repealing article two of chapter twelve of Title 4 of the Revised Statutes," approved April seventh, one thousand nine hundred and forty-three (P.L. 1943, c. 100), all appropriations made or to be made available to him and the personnel employed by him in the performance of such functions, powers and duties are transferred to the Department of Agriculture and shall be exercised by the Secretary of Agriculture. [1948]

1 Sections 4:12-41.1 to 4:12-41.24.

Jersey or other body exercising the powers thereof, as the case may be.

[1938] Statutes Annotated, Title 24, Ch. 18—"Uniform

Narcotic Drug Law.” Sec. 24:18–10. Enforcement.

It is hereby made the duty of the state department of health, its officers, agents, inspectors and representatives, and of all peace officers within the state, and of all county prosecutors, to enforce all provisions of this chapter [Secs. 24:18-1 to 24:18–49], except those specifically delegated, and to co-operate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states, relating to narcotic drugs. [1933] Sec. 24:18–34. 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. [1933]

Statutes Annotated, Title 24, Ch. 10, Art. 12–Goat's

Milk.

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Sec. 24:10–128. Containers for retail sales.

No milk shall be shipped or sold unless sold (as to retail sales) in standard half pint, pint and quart containers

[1938] Sec. 24:10–129. Containers for wholesale or quantity sales;

retail sales.

Cans for wholesale or quantity sale of goat milk may be the standard ten gallon cans prescribed by law for cow milk or may be of similar type of one, three or five gallon capacity. Retail or small quantity sales may be made in glass bottles or in sound, durable, single use wood pulp containers. [1938] Sec. 24:10–133. State board of health to approve rules and

regulations of municipalities or any board.

No municipality or any board or other author. ity thereunder shall adopt or enact any rule, regulation or ordinance with respect to the production, handling or sale of goat milk without first submitting such matter, in the form prepared for passage, to the State Board of Health and receiving its written approval. [1938] Sec. 24:10–135. Penalties for violations.

Any person violating any of the provisions of this act (Secs. 24:10–104—24:10–136) shall be liable to a penalty of not less than twenty-five dollars ($25.00) for the first offense and fifty dollars ($50.00) for any subsequent offense, which penalty shall be recovered in an action of debt in the name of the Department of Health of the State of New

Sec. 48:2–20. Testing appliances; fees.

The board [board of public utility commissioners] may:

a. Provide for the examination and test of any and all appliances used for the measuring of any product or service (gas, electricity, water, etc.) of a public utility;

b. By its agents, experts or examiners, enter upon any premises occupied by a public utility for the purpose of making the examinations and tests provided for in this chapter [Secs. 48:2–1–48:2– 52] and to set up and use on such premises any apparatus and appliances necessary therefor;

c. Fix the fees to be paid by any consumer or user of any product or service of a public utility who may apply to the board for such examination or test to be made. Any consumer or user may have any such appliance tested upon the payment of the fees fixed by the board. If the appliance be found defective or incorrect to the disadvantage of the consumer or user such fees shall be repaid to him by the public utility. [1911]

Statutes Annotated, Title 48, Ch. 2, Art. 24Public

Utilities—Continued.
Sec. 48:2–25. Rules and regulations; standards; meters.

The board [board of public utility commissioners) may, after hearing, by order in writing:

a. Fix just and reasonable standards, classifications, regulations, practices, measurements or service to be furnished, imposed, observed, and followed thereafter by any public utility; b.

prescribe reasonable regulations for examination and test of the product or service and for the measurement thereof;

c. Establish reasonable rules, regulations, specifications and standards, to secure the accuracy of all meters and appliances for measurements. [1911] Statutes Annotated, Title 2, Ch. 103—Misdemeanors. Sec. 2:103–5. High misdemeanors; punishment when not

otherwise prescribed.

Any person found guilty of any crime which by any statute is declared to be a high misdemeanor, and for which no punishment is specifically provided, shall be punished by a fine not exceeding two thousand dollars, or by imprisonment, with or without hard labor, as the court may direct, for a term not exceeding seven years, or both. [1898] Sec. 2:103–6. Misdemeanors; punishment when not otherwise

prescribed.

Any person found guilty of any crime which by any statute is declared to be a misdemeanor, and

for which no punishment is specifically provided, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment, with or without hard labor, as the court may direct, for a term not exceeding three years, or both. [1898) Statutes Annotated, Title 2, Ch. 107–False Adver

tising. Sec. 2:107–1. Unlawful acts; penalty.

Any person who, with intent to sell or otherwise dispose of merchandise, securities, service or anything offered by such person, 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, shall 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 the 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, shall be guilty of a misdemeanor, and punished by a fine not exceeding one thousand dollars, or imprisonment in the county jail for a period not exceeding one year, or both. [1913]

tatutes Annotated 1941, Vol. 5, Ch. 78, Art. 1Weights and Measures

Page ec. 78_101 Standards: United States weights and measures adopted

670 78–102 Same: Yard substituted for vara_

670 78-103 Same: Secretary of state to be custodian_-- 670 78_104 Same: Duplicates to counties

671 78–105 Same: Commodity bushel weights

671 78-106 Same: Mason work measure

671 78_107 Same: Ton; short weight; penalty

671 78_108 Same: Ton of hay

671 78_109 Measurement of loose hay in stack_

671 78_110 Same: Method of measurement; computation of tonnage

671 78_111 Baled hay or straw to be sold by weight; short weight; penalty

672 78-112 Adding extraneous matter to increase weight; penalty

672 78_113 Commodity gallon weight; short measure; penalty; test samples of gasoline

672 78_114 Dry measure

672 78-115 Apple and pear boxes; size

672 78_116 Containers for small berries and fruits; label 672 78_117 Milk containers; liquid commodities

672 78_118 Butter containers

672 78_119 Penalty for violating five preceding sections 672 78–120 Mill products: Marking requirements; violations; penalty

673 78_121 Loaves of bread: Standard weight; tolerances; defense to violation; label

673 78_122 Same: Penalty for violation of bread standards

673 78_123 Same: Exception to bread standards

673 78_124 Ice weighed on delivery; scales; false weight; penalty

673 78_125 Coal: Weight ticket; penalty for short weight

673 78_126 Flour, corn meal, hominy and hominy

grits: Standard weight containers; excep-
tions

673 78_127 Same: Penalty for violations

674

Page Sec. 78-213 Same: Authorized to arrest; seizure of false

scales, weights and measures; test by

magistrate; destruction authorized 675 78-214 Same: “Person" defined

676 72-215 City, town or village weighmaster

676 78-216 Same: Appointment

676 78-217 Same: Powers, duties and fees

676 78-218 Same: Location of office

676 78-219 Same: Duplicate standards to be procured 676 78_220 Same: Jurisdiction within municipality su

persedes county public weighmaster---- 676 78-221 Same: Appointment of deputy weighmasters 676 Statutes Annotated 1941, Vol. 5, Ch. 78, Art. 3—

Public Weighers
Sec. 78-301 “Office of public weigher"

676 78–302 Petition for appointment; number_

676 78–303 Qualifications

676 78–304 Persons ineligible for appointment

676 78-305 Procedure to abolish office

676 78_306 Oath; bond

676 78–307 Duties; weight certificates; records; certi

fied copies of certificates; application to
private weighers

677
78_308 Appointment of deputies; responsibility
for acts of deputies; bond

677 78–309 Maintenance of scales, etc.; liability for acts

of deputies; continuous nature of bonds.- 677 78-310 Right to damages where another assumes duties

677 78-311 Persons may weigh own produce; bond of

weighers where no public weigher ap-
pointed

677 78-312 Violation by private weighers; liable on bond

677 78_313 Fees of public weighers

677 78-314 Regulation of public weighing in munici

palities; council failing to comply;
penalty

678 Statutes Annotated 1941, Vol. 1, Ch. 14—Cities,

Towns, and Villages Sec. 14_101 Population

678 14-1803 Powers

678 14–1815 Regulation of sale of food

678 14–1816 Weights and measures

678 14–3806 Power to regulate sale of bread..

678 14-3808 Power to license and regulate public scales 678 Statutes Annotated 1941, Vol. 3, Ch. 41, Art. 21—False

Weighing of Ore
Sec. 41-2132 False scales or weights; penalty -

678 41-2133 False weight certificate; penalty

678 Statutes Annotated 1941, Vol. 4, Ch. 48, Art. 12–

Commercial Fertilizer
Sec. 48–1201 Definition; exceptions from act

679 48_1203 Marking requirements

679 48_1208 Violations; penalty

679 48_1208 Violations; penalty

679 Statutes Annotated 1941, Vol. 4, Ch. 48, Art. 17–

Cotton Gins Sec. 48–1704 Marking bales

679 48–1705 Plaiting of or adding foreign substance to bales prohibited

679 48_1707 Ginner's records

679 48-1708 Enforcement of act

680 48–1709 Penalty for violations

680

atutes Annotated 1941, Vol. 5, Ch. 78, Art. 2—

Public Weighmasters
c. 78_201 Public weighmasters: Office established;

sheriff serves as; deputies; appointment;
records; oath

674 78-202 Same: Office and records

674 78–203 Same: Certificate of conformity to standards

674 78_204 Same: Inspecting and testing scales; report 78_205 Same: County commissioners to procure

duplicate state standards; delivery to
weighmaster

674 78_206 Same: Duplicate standards to be delivered to deputies

674 78_207 Same: Inspection of scales upon request of citizens; altered scales

674 78-208 Same: Misfeasance or nonfeasance of duty; penalty

675 78-209 Same: Fees to deputy

675 78-210 Same: Testing warehouse scales; penalty for use after condemnation

675 78_211 Same: Owners and possessors of uninspected scales owe duty to notify; penalty

675 78_212 Same: Penalty for hindering weighmaster,

concealing scales, and/or giving false
weights and measures

675 888243-51-43

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