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Code Annotated 1939, Vol. 5, Ch. 76—Weights and
Measures

Page Sec. 76_101 Standards

68 76_102 Fees

68 76_102a State inspector: Appointment

68 76_103 Same: Duties

68 76_104 Water, electric and gas meters

69 76_105 City to acquire testing apparatus

69 76_106 City sealer: Appointment; duties

69 76-107 Offenses; penalties

69 76_108 Evidence; police powers

69 76_109 Meter measurement

69 76_110 Officials not to deal in appliances

70 76_111 Meter testing; fees; offenses; penalties 70 76_112 Obstructing or impersonating inspectors 70 76-113 Standards of weights and measures

70 76_114 Bread: Marking requirements

70 76–115 Coal: Sale by weight; delivery tickets-- 70 76-116 Bottles for distilled water, milk, or cream..

70 76_117 Wood and ice: Methods of sale

71 76_118 Hay: Methods of sale

71 76–119 Meats: Methods of sale

71 76_121 Packaged commodities: Marking requirements; tolerances

71 76_122 Vinegar and oils: Marking requirements 71 76_123 Penalty

71 76_125 Public weighmasters: Definition; bonds; seals

71 76_126 Same: Weight certificates

72 76–127 Same: False weight certificates; offenses 72

76_129 Same: Reweighings; deputy weighmasters 72 Constitution, Art. 15; Code Annotated 1939, Vol. 1

The Corporation Commission Sec. 2 Public service corporations

72 3 Rules and regulations

72 Code Annotated 1939, Vol. 4, Ch. 49, Art. 6

"Arizona Fertilizer Law of 1937”. Sec. 49_602 Definitions

49–603 Enforcement officer
49–604 Registration
49–605 Marking requirements

49_622 Offenses
Code Annotated 1939, Vol. 4, Ch. 49, Art. 14

"Agricultural Minerals Act of 1947" Sec. 49_1402 Definitions

49_1403 Enforcing official
49–1404 Registration
49–1405 Marking requirements

74 49_1412 Penalties

74

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Code Annotated 1939, Vol. 5, Ch. 69, Art. 2—Public

Service Corporations Sec. 69_231 Weighing of cars and freight; testing of rail

road scales 69-232 Electrical, gas, and water corporations:

Standards of service; test of appliances

79

79

Code Annotated 1939, Vol. 5, Ch. 72, Art. 1

Spirituous Liquors Sec. 72–113 Unlawful acts

79

Code Annotated 1939, Vol. 3, Ch. 43, Art. 1-Misde

meanors

Sec. 43_110

Punishment when not prescribed

79 .05

Code Annotated 1939, Vol. 4, Ch. 49, Art. 9–

"Arizona Citrus Fruit Standardization Act” Sec. 49–903 Enforcement officer

49_910 Penalty for violations
49_913 Standard packages
49-914 Definitions
49_922 Standard containers

49_923 Irregular containers
Code Annotated 1939, Vol. 4, Ch. 49, Art. 10—"The

Arizona Fruit and Vegetable Standardization Act"
Sec. 49_1004 Construction of act

49_1005 Enforcement officer
49–1026 Standard packages

74 74 74 74 75

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Code Annotated 1939, Vol. 3, Ch. 43, Art. 26-Frauds
Sec. 43–2606 Smelter frauds

43_2620 False advertising; penalty,
43–2621 Penalty for falsifying package weights

79 79 79

Code Annotated 1939, Vol. 5, Ch. 76–Weights and

Measures.
Sec 76-101. Standards.

The weights and measures fixed by the United States as standard, 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 weights and measures shall be tried, approved and sealed. [1912; last amended 1928.) Sec. 76–102. Fees.

The person owning or using weights or measures shall pay to the inspector the following fees for inspecting, testing, and sealing the same: Counter scales of capacity of six pounds or less - $0.15 Counter scales of capacity of more than six pounds_ .25 Counter scales of one thousand pounds or less_

.50 Portable platform scales of capacity of more than one thousand pounds

1.00 Dormant or floor scales

2.50 Railroad track scales

5.00 Spring scales of capacity of thirty pounds or more .50 Spring scales of capacity of less than thirty pounds.--

.25 Other devices for weighing, not herein specified, each - .50 Measures containing one gallon or less.,

.05 Measures containing more than one gallon, for each gallon or fractional part thereof.

.05 Yard measures or fractional parts thereof_

When a weight or measure is tested by the inspector oftener than once a year, no fee shall be charged for more than one inspection per year unless such weight or measure be found upon

the subsequent testing to be false and incorrect."[1912; last amended 1943.] Sec. 76–102a. State inspector: Appointment.

The state inspector of weights and measures shall be appointed by the governor, with the consent of the senate, for a term ending February 1, 1945, and thereafter for terms of two (2) years. (1943] Sec. 76–103. Same: Duties.

The inspector shall

Take charge of the state standards and keep them in a safe place from which they shall not be removed except for repairs or for certification;

Maintain the state standards in good order and submit them at least once in ten years to the national bureau of standards for certification;

At least once in two years try and prove by the state standards all testing apparatus belonging to any city, and seal the same when found to be accurate by stamping on them the letter “A” and the last two figures of the year, with seals kept for that purpose;

Use a portable set of testing appliances in the inspection of all weights, measures, or devices, owned by the state or by any person in precincts, towns or cities with a population of not more than five thousand i nor less than nine hundred inhabitants ac

cording to the latest official census, and compare such portable set with the state standards at least once annually, and cause it to correspond with the state standards;

Have and keep a general supervision of the weighing and measuring devices, offiered for sale;

Upon the written request of any person or state institution test devices used as standards;

At least once annually test all scales, weights, and measures used in checking the receipts or disbursements of supplies in all state institutions and report in writing his findings to the executive officers of the institutions;

On the first day of June in each year make to the governor a report of the work done by his office;

At least once every year inspect the work of local sealers and he may inspect the weighing or measuring appliances of any person;

In all precincts, towns, or cities of not less than nine hundred nor more than five thousands inhabitants, and in other places on request, inspect at least once a year all instruments or mechanical devices for weighing or measuring exposed for sale, used, or employed, within the city by any person;

From time to time weigh or measure packages or amounts of commodities, gas or oil, kept or offered for sale or sold, or in the process of delivery, to determine whether the same contain the amount represented, and whether they are offered for sale or sold in accordance with law, and for such purposes he may without warrant enter into or upon any place or premises, or stop any vendor, dealer, or wagon and proceed to some convenient place for the purpose of making the test.

When the inspector finds a violation of law relating to weights and measure he may cause the violator to be prosecuted. When the inspector finds that instruments correspond with the standards, he shall seal such instruments, with appropriate devices. The inspector shall condemn and seize and may destroy incorrect instrument [s], such as may be repaired he shall mark as "condemned for repairs,' and the owner or user shall have the same repaired or corrected within fifteen days and may not meanwhile use or dispose of the same but hold the same at the disposal of the inspector; an apparatus which has been condemned for repairs” and is not repaired as required shall be confiscated by the inspector. The inspector shall keep in a book, and in a card index system, a complete list of all measuring devices inspected and tested, the name of the person owning the same and the date and result of such inspection. He shall issue from time to time regulations for the guidance and government of city sealers. He 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 entrusted to his care and for the surrender thereof immediately to his successor in office or to the person appointed by the governor to receive them. [1912; last amended 1928.]

1 See section 76–106 providing for a city sealer in each city or town of a population of seven thousand five hundred or over. Sec. 76-104. Water, electric and gas meters.

In cities or towns with a population of not more than five thousand nor less than nine hundred, at least once in every two years, the inspector shall test the accuracy of every meter used or to be used in the measuring of water, electricity or gas for consumers. If the meter tested be found to measure too fast or too slow by as much as three per cent, such meter shall be condemned by him and shall not be used until corrected and made to measure accurately, and unless made to conform to the standard within thirty days after condemnation, he is not required to retest such condemned water, gas, or electric meter for one year thereafter. The inspector shall keep in a book and card index system a complete list of all meters inspected and tested, the name of the person owning the same, the name of the furnisher of the water, gas, or electricity, the name of the consumer thereof, and the date and result of such inspection. He shall, upon the written request of any person test any water, gas, or electric meters used as standards in the state, and at least once every year, test all water, gas, and electric meters used in any state institution and report in writing his findings to the executive officers of the institution. [1912; last amended 1928.]

inspector, except as to state institutions therein. His annual and monthly reports shall be made to the governing body of the city or town and to the state inspector, and his bond shall be in the amount of one thousand dollars. The fees shall be the same as those allowed to the state inspector, collected subject to the same provisions, and shall be paid monthly to the city treasurer with an itemized list thereof. [1912; last amended 1941.) Sec. 76-107. Offenses; penalties.

Any person who shall offer or expose for sale, sell, use or retain in his possession, a false weighing or measuring device, or one not sealed by the city sealer or the state inspector within one year, or who shall dispose of any condemned weighing or measuring device, or remove any tag placed thereon by a sealer or by the state inspector; or sells or offers for sale any commodity less than the quantity he represents; or sells or offers for sale, or has in his possession for the purpose of selling or using, any device to be used to falsify any weight or measure, shall be guilty of a misdemeanor, and punished by fine of not less than twenty-five, nor more than two hundred and fifty dollars, or by imprisonment for not more than three months or by both such fine and imprisonment, and upon a subsequent conviction he shall be punished by a fine of not less than fifty, nor more than five hundred dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. [1912; last amended 1928.) Sec. 76-108. Evidence; police powers.

The proximity of any weighing or measuring device to any merchandise kept, sold or offered by any person shall be prima facie evidence of the use of such device for weighing or measuring the same. The inspector and city sealers are hereby made special peace officers, and may arrest without warrant any violator of the law in relation to weights and measures, and may seize for use as evidence and without warrant any false or unsealed weighing or measuring device, or package or amounts of commodities found, offered or exposed for sale or sold in violation of such law. [1912; last amended 1928.] Sec. 76-109. Meter measurement.

It shall be unlawful for any person to sell water, electric energy, or gas, used or to be used for commercial or domestic purposes, except by meter measurement if the consumer shall request the same; or to charge and collect for a greater amount than actually furnished during the period for which the charge was made; but an allowance of not exceeding three per cent may be made for inaccuracy in meter measurement.

The inspector and sealers shall be under the direction of the corporation commission in all matters pertain

Sec. 76–105. City to acquire lesting apparatus.

The governing body of each city required to appoint a sealer, shall keep at all times a complete set of testing apparatus, of such materials and construction as the state inspector may designate, and after having been proved shall be sealed and certified to by him and preserved by the city sealer as the public standards for such city. If the legislative body shall neglect for six months so to do, the city clerk on notification and request by the state inspector shall provide such standards and cause the same to be tried, sealed, and deposited at the expense of the city. [1912; last amended 1928.] Sec. 76–106. City sealer: Appointment; duties.

(a) There shall be a city sealer of weights and measures in each city or town of a population of seven thousand five hundred or over, to be appointed by the governing body for one year, at a salary of not less than nine hundred dollars per annum.

(b) Two or more cities or towns may combine with one set of standards and one sealer, upon the written consent of the state inspector.

(c) The city sealer, within his jurisdiction, shall have the same powers and duties as prescribed in this chapter (Secs. 76–101—76–129] for the state

Sec. 76–113. Standards of weights and measures.

For weighing grain, hay, coal, groceries, and other like heavy articles of commerce, the standard unit of weight shall be the pound avoirdupois, containing seven thousand grains troy; for weighing precious metals and jewels the unit shall be the pound troy, contaning five thousand seven hundred sixty grains; for weighing goods and medicines when same are used in compound, and filling prescriptions by druggists, the unit shall be the pound apothecary's containing five thousand seven hundred sixty grains troy, but in all other cases, such drugs and medicines shall be sold by avoirdupois weight; for measuring grain, fruit, coal, vegetables, the unit shall be the Winchester bushel, containing two thousand one hundred fifty and forty-two hundredths cubic inches; and for measuring all liquids, except such as enter into the composition of medical preparations, the unit shall be the liquid gallon, containing two hundred thirty-one cubic inches. Such liquids as are used in the composition of medical prescriptions shall be measured by the apothecary's fluid measure. The unit of linear measure shall be the yard, containing thirty-six inches in length, and being identical with the imperial yard of Great Britain. [1912; last amended 1928.]

Code Annotated 1939, Vol. 5, Ch. 76–Weights and

Measures-Continued. ing to meter inspection. [1912; last amended 1928.]

[ED. NOTE.—In the Arizona Code Annotated 1939, fol. lowing the foregoing section, it is stated: “Constitution of Arizona, art. 15, Sec. 3 confers exclusive power upon the corporation commission to fix the classifications and rates of the public service corporations above mentioned, cities and towns excepted, and in so far as this section may limit the powers of the corporation commission it is unconstitutional. State v. Tucson Gas, Elec. Light & Power Co., 15 Ariz. 294, 138 Pac. 781. The corporation commission, upon application or upon its own motion, notice, and hearing, possesses the power to require illuminating gas to be sold by meter measurement, and may forbid a gas company from charging and collecting for a greater amount of gas than that actually furnished during the period for which charge is made,' if the facts in the case show that such charge is just and reasonable, but the legislature has no such power. State v. Tucson Gas, Elec. Light & Power Co., 15 Ariz. 294, 138 Pac. 781." See page 72 for

Constitution of Arizona, art. 15, Sec. 3.]
Sec. 76–110. Officials not to deal in appliances.

It shall be unlawful for the inspector or any city sealer to keep or offer for sale or sell to any dealer in merchandise for use in the state, any weighing or measuring device, or be interested directly or indirectly in such sale. [1912; last amended 1928. Sec. 76–111. Meter testing; fees; offenses; penalties.

It shall be unlawful for any person in any city having a city sealer, to install any meter for measuring water, electricity or gas without first having had such meter tested by the city sealer, or to use any such meter which has been tested and condemned by the inspector or city sealer without first having the same corrected. In cities having a sealer every person furnishing water, gas, or electricity shall file at the office of the sealer a complete written list of the readings of all meters, together with the individual meter numbers, and the address of the premises upon which such meter is located, upon the day such readings are made. The fee for making the test of any meter shall be one dollar, to be paid by the party demanding the test, but if the meter is in use and is found to be measuring too fast by as much as three per cent, the furnisher shall pay the fee. Any person violating any provision of this or the two preceding sections shall be guilty of a misdemeanor and punished by a fine of not less than ten, nor more than two hundred and fifty dollars, or by imprisonment for not less than one nor more than ninety days, or by both such fine and imprisonment. The continuance of such violation from day to day shall be deemed a separate offense as to each day. [1912; last amended 1928.] Sec. 76–112. Obstructing or impersonating inspectors.

Any person who hinders or obstructs in any way the state inspector or any city sealer in his duty, or impersonates in any way said inspector or sealer, shall be guilty of a misdemeanor. [1912; last amended 1928.1

Sec. 76-114.1 Bread: Marking requirements.

It shall be unlawful for any person to offer for sale or sell any bread in loaves without having written or stamped thereon, or on the label attached thereto, with indelible letters and figures, the name of the manufacturer and the correct net weight thereof, or at the time when such bread is so wrapped and marked, with an allowance of five per cent for bread over one day old, and of ten per cent if over two days old; all loaves over three days old shall be deemed stale bread and sold as such. [1912; last amended 1928.]

1 See also Secs. 68_415—68_417, page 78; standard weights of bread, tolerances, scales, enforcement, and exceptions. Sec. 76–115. Coal: Sale by weight; delivery tickets.

It shall be unlawful to sell or offer to sell coal in any other manner than by weight. No person shall deliver coal without such delivery being accompanied by a delivery ticket in duplicate, on each of which shall be indelibly written the gross weight of the load, the tare of the delivery vehicle, quantity of coal on the container used in such deliveries, and the name of the purchaser and the dealer. One ticket shall be surrendered to the inspector or sealer upon his demand for his inspection, and the other delivered to the purchaser at the time of the delivery or when the sale is made.

[1912; last amended 1928.]

Sec. 76–116. Bottles for distilled water, milk, or cream.

Bottles used for the sale of distilled water, milk, and cream, shall be of the capacity of one-half gallon, three pints, one quart, one pint, one-half pint, and one gill, filled full to the bottom of the lip. The following variations of individual bottles or jars may be allowed, but the average content of not less than twenty-five bottles selected at random from at least four times the number tested must not be in error by more than one-fourth of the tolerances: Six drams above and six drams below on the half gallon, five drams above and five drams below on the three pint, 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.

Bottles or jars used for the sale of distilled water, milk or cream shall have clearly blown or otherwise permanently marked in the side of the bottles the capacity of the bottles, and in the side or bottom of bottles the name, initials, or trademark, of the dealer using same. Any dealer who uses for the purpose of selling distilled water, milk, or cream, jars or bottles that do not comply with the requirements of this section as to marking and capacity, shall be guilty of using a false or insufficient measure. The inspector and city sealers are not required to seal all such bottles or jars, but they shall from time to time make tests of individual bottles. [1912; last amended 1928.] Sec. 76–117. Wood and ice: Methods of sale.

It shall be unlawful for any person to sell or offer to sell any cut, sawed or split wood in any other manner than by the cord or fractional part thereof, and no person shall deliver such wood without delivery tickets as heretofore required in the delivery and sale of coal. Ice sold at retail shall be by weight. [1912; last amended 1928. Sec. 76–118. Hay: Methods of sale.

It shall be unlawful to sell or offer to sell baled hay in any other manner than by weight, except by an agreement between the seller and the purchaser. No person shall deliver any hay without such delivery being accompanied by delivery tickets as heretofore required in the sale and delivery of coal, except that loose hay in stacks or by wagon load may be sold by measurement by an agreement between the seller and the purchaser. When hay is shipped in carloads the weight of the bales need not be marked. Each bale shall have marked thereon the correct weight in pounds or fractions of a pound avoirdupois; and it shall be unlawful for any person to sell or offer for sale any such bale of hay on which the correct weight has not been marked. An allowance of three per cent in weight for shrinkage shall be made on all bales less than six months old, and of five per cent if over six months old, if the age of such bale be marked thereon. [1912; last amended 1928.)

Sec. 76–119. Meats: Methods of sale.

It shall be unlawful to sell or offer to sell any fresh meat, or fish, in any other manner than by weight. No person shall deliver such fresh meat without a delivery ticket on which shall be indelibly marked in pounds or fractions of a pound avoirdupois, the correct weight and the name of the purchaser and dealer, and given to the purchaser at the time the sale is made. [1912; last amended 1928.] Sec. 76–121. Packaged commodities: Marking requirements;

tolerances.

Where butter, (coffeel', tea, baking powder, oatmeal, tapioca and all cereals and farinaceous goods, wheat flour, buckwheat flour, cornmeal, rice, beans, sugar, barley, bran, wheat, oats, corn, potatoes, onions, seed, ham, bacon, lard, lard compounds or substitutes, soda crackers, or dried fruits, are sold in packages or containers, each package or container shall have written or stamped upon the wrapper or upon the package or container the correct weight of the contents, in pounds and ounces, or fractions of a pound avoirdupois; and it shall be unlawful for any person to sell or offer for sale any such package or container of such commodities on which the correct weight of the contents has not been written or stamped. An allowance of not exceeding two and a half per cent shall be made for shrinkage on all containers of wheat flour, buckwheat flour, cornmeal, rice, beans, sugar, barley, bran, wheat, oats, corn, potatoes, onions, seed, ham, bacon, or butter. [1912; last amended 1928.)

1 The word "coffee' is to be found in the original act and also in the side title in both the Revised Statutes of 1928 and the 1939 Code, but is not contained in the body of the section in either the Revised Statutes or the Code. Sec. 76–122. Vinegar and oils: Marking requirements.

Where vinegar, sweet oil, or olive oil are sold in bottles or cans, each shall have written or stamped upon the wrapper or upon the bottle or can the correct quantity of the contents in gallons, quarts, pints, or gills, or fractional parts thereof; and it shall be unlawful for any person to sell or offer for sale any such bottle or can upon the wrapper, bottle, or can, of which the correct quantity of the contents has not been written or stamped. [1912; last amended 1928. Sec. 76–123. Penalty.

Any person violating any of the eight preceding sections Secs. 76-114–76-119, 76-121, 76–122] shall be guilty of a misdemeanor, and punished by a fine of not less than five ($5.00], nor more than two hundred and fifty dollars ($250]. [1912; last amended 1928.) Sec. 76–125. Public weighmasters: Definition; bonds; seals.

Any person engaged in the business of weighing cotton or other products for hire, or who shall

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