assistants and city charges in case of city sealers and their deputies and assistants, to be audited and paid in the same manner as other county and city charges, respectively. [1940]

Sec. 184. Sealing of approved weighing and measuring devices; semi-annual inspection of certain scales; offenses. Whenever a city or county weights and measures official inspects any weighing or measuring device and finds that it corresponds or causes it to correspond with the standards in his possession he shall seal or mark the same with an appropriate device. All pressers of hay and straw for market, hucksters, peddlers and junk dealers shall submit the scales used in their business to the weights and measures official at least twice annually for inspection. No person shall remove any such seal or mark from any such weighing or measuring device or obliterate, cover, obstruct or deface any such seal or mark. [1922; last amended 1939.] Sec. 184-a. Gasoline pumps to be inspected and sealed.

as to

No gasoline pump here after installed shall be used for the purpose of dispensing and measuring gasoline until inspected by an inspector of the department or by a city or county weights and measures official and found to have been properly installed and to be properly adjusted so measure accurately the gasoline to be dispensed by it. If the inspection shows that such pump has been properly installed and is properly adjusted to deliver accurate measure, the pump shall be sealed or marked with an appropriate device by such inspector or weights and measures official. If not correctly installed or adjusted, it shall be corrected or shall be condemned by the placing thereon of a condemning tag or mark by such inspector or weights and measures official. [1929; last amended 1939.]

Sec. 185. Condemning of false weights and measures.

Whenever any city or county weights and measures official inspects any weighing or measuring device and finds that it does not correspond and does not cause it to correspond with the standards in his possession he shall condemn the same.

No person shall use or attempt to use any weighing or measuring device to which there has been affixed or upon which there has been placed any condemning tag, mark or device, for the purpose of determining the weight or quantity of any commodity or article of merchandise, unless such condemning tag, mark or device shall have been removed therefrom by a city or county weights and measures official.

No person except a weights and measures official, or with his consent or at his direction, shall remove from any such weighing or measuring device any condemning tag or mark which has been affixed thereto, or placed thereon by a city or county weights and measures official or obliterate, cover,

Sec. 186. Disposition of condemned weighing and measuring devices.

A city or county sealer may condemn and seize any weighing or measuring device found by him to fail to conform to the standards in his possession and which is not caused by him to conform to such standards and cause the same to be destroyed or disposed of under such regulations as the commissioner [of agriculture and markets] may prescribe. [1922; last amended 1931.]

Sec. 187. Keeping false weighing and measuring devices.

No person shall retain in his possession any weighing or measuring device, knowing it to be false, unless it appears beyond a reasonable doubt that it was so retained without intent to use it or permit it to be used for determining the quantity of any commodity or article of merchandise. [1922; last amended 1931.]

Sec. 188. Use of false weights and measures; responsibility of seller or buyer; charge for service.

For the purpose of purchase, sale or service, no person shall use a false weight, measure, or other apparatus for determining the quantity of any commodity or article of merchandise.

If he be the seller, he shall not sell or deliver less of any such commodity or article of merchandise than the quantity represented to be sold; or, if he be the buyer, he shall not receive or accept more of any such commodity or article of merchandise than the quantity he represented to purchase. No shall determine a service charge on an person amount in excess of the quantity of any such commodity or article of merchandise serviced. Nothing in this provision, however, shall prohibit the person or persons rendering the service from establishing a minimum charge therefor, such minimum charge to apply to all quantities up to and including a fixed limit, regardless of the actual weight or measure of the merchandise involved. event of the establishment of a minimum charge, the dispenser of the service shall inform the person receiving the service, by advertisement or otherwise, of the terms of such minimum charge. [1922; last amended 1944.]

Sec. 189. False labels; offense.

In the

No person shall, with intent to defraud, put upon an article of merchandise or upon a cask, bottle, stopper, vessel, case, cover, wrapper, package, band, ticket, label or other thing, containing or covering such an article, or with which such an article is intended to be sold, or is sold, any false description or false indication of or respecting the number, quantity, weight or measure of such article or any part thereof; or sell or offer or ex

Agriculture and Markets Law, Art. 16 (McKinney's Consolidated Laws Annotated, Ch. 69, Book 2-B) -Weights and Measures-Continued.

pose for sale an article which to his knowledge is falsely described or indicated in any of the manners or in any of the particulars above specified. [1922]

Sec. 190. Sale of fruits, vegetables, grains and nuts by weight or numerical count only; original package; marking requirements.

Except when sold in the original container, fruits, vegetables, grains and nuts shall be sold at retail by avoirdupois weight or numerical count.

The words "original container" as used in this section shall mean any container or integral thereof, which integral is a smaller container, the contents of which have not been removed or repacked by the retailer. Any such original container must be plainly and conspicuously marked to show the net quantity of the contents thereof in terms of net weight, standard measure or numerical count. [1939]

Sec. 191. Standard milk and cream containers; tolerances; offenses.

Bottles, jars or other containers 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 full to the bottom of the cap ring or stopper; except that the commissioner [of agriculture and markets] may approve milk or cream bottles or jars or other containers with other filling points; provided, that the net contents in sizes prescribed in this section shall be permanently marked on the outside as prescribed by the commissioner. Bottles, jars or other containers used for milk for sale to hotels, restaurants, lunch counters, soda fountains, or any eating establishment where such milk is to be consumed on the premises of such eating establishment, shall be of the capacities mentioned, or one-third of a quart, filled full to the bottom of the cap ring or stopper; except that the commissioner may approve milk or cream bottles or jars or other containers with other filling points; provided, that the net contents in sizes prescribed in this section shall be permanently marked on the outside as prescribed by the commissioner. The following variation on individual bottles, jars or other containers may be allowed: 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 one-third of a quart; two drams above and two drams below on the half pint, and two drams above and two drams below on the gill. Bottles, jars or other containers used for the sale of milk shall have clearly blown,

or otherwise permanently marked, in or on the sides or bottom of the bottle, jar or other container the name, initials or trade-mark of the manufacturer and a designating number, letter or letters which may be used in identifying the bottles, jars or other containers. The designating number, letter or letters shall be approved by the commissioner upon application by the manufacturer, and a record of the designating numbers, letter or letters and their approval shall be kept in the office of the commissioner. No manufacturer shall sell milk or cream bottles, jars or other containers to be used in this state that do not comply as to size and marking with the provisions of this section. No dealer shall knowingly use, for the purpose of selling milk or cream, jars, bottles or other containers that do not conform to the provisions of this section. [1922; last amended 1947.]

Sec. 192. Container: Definition.

"A container," as used in the following sections of this article [Secs. 176-197], shall include any carton, box, crate, barrel, half-barrel, hamper, keg, drum, jug, jar, crock, bottle, bag, basket, pail, can, wrapper, parcel or package. [1922]

Sec. 192-a. Same: Standard for lettuce and celery.

A standard container to be used for the sale of any commodity hereinafter named shall be one having the dimensions specified in this section for that particular commodity. No container used for the sale of such commodity shall be marked or otherwise represented as a standard container unless it shall have the dimensions hereinafter given for a standard container for such commodity; nor shall any such non-standard container be sold or offered for sale as a standard container, nor shall the commodity in question, if packed in such nonstandard container, be represented as being packed in a standard container when offered for sale or sold. But the commissioner [of agriculture and markets] shall have authority to, and may, approve as a standard container any type of container for any commodity which shall have the same cubic capacity as the one hereafter provided for such commodity. Any container so approved shall be deemed a standard container for such commodity 1. A standard container for lettuce shall have a capacity of two thousand two hundred and eighty cubic inches, and shall have the following inside dimensions: length nineteen inches, width sixteen inches, depth seven and one-half inches, and shall be marked "standard lettuce container". When lettuce is sold or offered for sale either in a stand ard or non-standard container, the contents of such container shall be plainly marked thereon, or on a label or tag attached thereto, in terms of numerical count, anything to the contrary in section one hun dred and ninety-four of this chapter [Secs. 176197] notwithstanding.

2. A standard container for celery shall have a capacity of seven thousand three hundred and ninety-two cubic inches, including space occupied by inside corner posts, if any are used, and shall have the following inside dimensions, including space occupied by inside corner posts, if any are used: length twenty-one inches, width sixteen inches, depth twenty-two inches. If inside corner posts are used they shall not be larger than one and one-half inches square. Such container shall be marked "standard celery container." When celery is sold or offered for sale either in a standard or non-standard container, the contents of such container shall be plainly marked thereon, or on a label or tag attached thereto, in terms of numerical count, anything to the contrary in section one hundred and ninety-four of this chapter notwithstanding; and there shall be painted, printed or stencilled on the container, in letters not less than one inch high, the name and business address of the packer or distributor. [1926; last amended 1943.]

Sec. 192-b. Same: Used.

When farm products of the same kind as the original contents are packed in used containers by others than the original packers and sold, offered for sale or transported for sale, any markings pertaining to the original contents shall be erased, obliterated or such container shall be conspicuously marked or labeled and in the case of bags or sacks tagged on the outside with the words "Not Original Contents" in letters at least one inch in height. [1939].

Sec. 192-c. Same: Malt beverages; tolerances; rules and regulations.

No person, firm or corporation shall sell, offer or expose for sale beer, ale, porter or other maltous beverages in any manner other than by liquid measure. When so sold, offered or exposed for sale, it shall be in containers of the following standard contents-barrel, half-barrel, one-quarter barrel and one-eighth barrel and such a container need not be marked or labeled to indicate its net contents.

A barrel, when used for the sale, offer or exposure for sale of beer, ale, porter and other maltous beverages, shall mean thirty-one gallons; multiples or sub-multiples of a barrel shall have proportionate contents.

Beer, ale, porter and other maltous beverages may be sold in containers with contents of less than one-eighth barrel, provided the container is so marked or labeled, clearly and conspicuously, indicating its net contents.

The commissioner [of agriculture and markets] shall adopt and promulgate rules, regulations and tolerances to make clear and effective the provisions of this section. [1939; last amended 1940.]

Sec. 193.1 Sale of commodities by weight, etc.

All meat, meat products and butter shall be sold or offered for sale by net weight; all other commodities not in containers shall be sold or offered for sale by standard net weight, standard measure or numerical count as may be prescribed by the commisioner [of agriculture and markets]; and such net weight, measure or count shall be marked thereon, or on a label or tag attached thereto; provided, however, that vegetables may be sold by the head or bunch.1 bunch.1 [1922; last amended 1939.]

1 See Sec. 195, page 700, exceptions.

Sec. 193-a. Bread standards; exceptions; label; tolerances. Except as hereinafter otherwise provided, bread shall not be manufactured for sale, sold or offered or exposed for sale otherwise than by weight, and shall be manufactured for sale, sold, or offered or exposed for sale only in units of one pound, one and one-half pounds, or multiples of one pound. When multiple loaves are baked, each unit loaf shall conform to the weight required by this section. The weights herein specified shall mean net weights not more than twelve hours after baking, or not more than twelve hours after sale and delivery by the manufacturer for resale. Such weights shall be determined by the average weight of not less than six loaves; provided, that such average weights shall be determined by the weight of at least twelve loaves, whenever such number of loaves is available at the time and place of such weighing; and provided further, that bread found upon any premises occupied for the manufacturer of bread for sale, or any bread found in the wagons, trucks, baskets, boxes or other delivery vehicle or receptacles owned or controlled by the manufacturer of such bread, and being transported or delivered for sale, shall for the purposes of this section be deemed to have been baked within twelve hours unless such bread is marked, designated or segregated as stale bread. Such unit weights shall not apply to rolls; nor to stale bread when sold as such; nor to restaurant or sandwich bread sold for consumption and use on the premises and not for resale; nor to fancy bread such as fruit breads, nut breads, sugar-coated breads and gluten breads, and such other breads as shall be defined as fancy bread; nor to bread sold by the piece cut from the loaf, provided such bread be weighed in the presence of the buyer upon tested scales kept for that purpose; nor to loaves bearing in plain and conspicuous position a plain statement of the net weight of the loaf and the name of the manufacturer thereof upon the wrapper of each loaf, if the bread is wrapped, or, if unwrapped, upon a label, which label or that portion representing the weight shall be not larger than one by one and three-quarter inches and not smaller than one by one and one-half inches in size affixed to the loaf in

Agriculture and Markets Law, Art. 16 (McKinney's Consolidated Laws Annotated, Ch. 69, Book 2-B) -Weights and Measures-Continued.

a sanitary manner, provided, however, that in the case of loaves sold at retail, or offered or exposed for retail sale, direct from manufacturer to consumer upon or in the premises of the manufacturer, the information as to the weight of such loaves may be given upon a notice printed in English and, if different language is spoken, also the language or languages of the neighborhood, conspicuously posted in plain view of the buyer and in close proximity to the bread offered for sale in such premises, setting forth the weight of each size and variety of such loaves. When an inspection of bread is made at any bakery by or under the direction of the commissioner [of agriculture and markets] or by or under the direction of any city or county sealer, the manufacturer of such bread or his servants or agents shall, upon the request of the official making such inspection, inform him whether such bread is manufactured for sale in any of the standard unit weights prescribed by this section and, if not so manufactured for sale in such standard units, shall furnish such official with samples of the labels or wrappers intended to be used on all such loaves of other than standard unit weights, or the notices intended to be posted with respect to such loaves. The commissioner shall make such uniform rules and regulations as are necessary to enforce this section, including reasonable tolerances or variations within which all weights shall be kept; provided, however, that the variation between the standard or represented weight and the true or actual weight shall not exceed one ounce per pound. The requirements of section one hundred and ninety-four of this chapter [Secs. 176-197] shall not apply to the sale of bread. [1924; last amended 1936.]

Sec. 193-aa. Re-use of containers for bread; offense.

It shall be unlawful for any person, other than the owner thereof, to make use of any container or package in which bread has been packed for delivery for the packing or shipment of bread. Violation of the provisions of this section shall constitute a misdemeanor. [1936]

Sec. 193-b. Method of sale of fuel wood.

All wood for fuel purposes shall be sold or offered for sale by the cord or fractional part thereof, unless some other unit of measure is specifically agreed upon. A cord of wood shall measure and contain one hundred and twenty-eight cubic feet, well stacked. With the exception of kindling, when such fuel wood is sold, it shall be accompanied by a bill of sale bearing the name and address of the seller, the name and address of the purchaser, and the quantity of wood contained in the delivery in terms of cords or fractional parts

thereof or the unit of measurement specifically agreed upon. At the time of delivery, such bill of sale, signed by the seller, shall be given to the purchaser specified thereon. [1926; last amended 1947.]

Sec. 193-c. Standard log rule.

The international log rule, based upon onefourth inch saw kerf, as expressed in the formula (D2 x 0.22) — 0.71D) x 0.904762 for four foot sections (D represents top diameter of log in inches; taper allowance, one-half inch per four feet lineal), is hereby adopted as the standard log rule for determining the board foot content of saw logs and all contracts hereafter entered into for the purchase and sale of saw logs shall be deemed to be made on the basis of such standard rule, unless some other method of measurement is specifically agreed upon. [1930]

Sec. 193-d. Frozen desserts: Definition; containers.

1. As used in this section, the term "frozen des serts" shall be deemed to mean and include “ice cream," "frozen custard," "milk sherbet," "ice" and "ice sherbet" as those terms are defined in section seventy-one-a of this chapter [Secs. 1-355].

2. 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 net contents of the container shall be marked on the outside or top thereof in a plain and conspicuous manner. Containers may be of capacities of less than eight fluid ounces if the net contents of the container, in terms of fluid ounces, is indicated on the outside or top thereof in a plain and conspicuous manner.

3. When frozen desserts are in individual units of fancy form, which term shall be defined by the commissioner [of agriculture and markets], and each unit is less than eight fluid ounces, they may be sold by the unit without being marked as to

net contents.

4. Ice cream shall weigh not less than four and five tenths pounds per gallon, and when sold in smaller units, proportionate minimum weights shall be required. [1939; last amended 1945.] Sec. 193-e. Flour and corn meals: Standard weight containers; exceptions.

No person, firm, corporation or association shall pack for sale, sell, offer or expose for sale in this state any of the following commodities except in containers of net avoirdupois weights of five pounds, ten ten pounds, twenty-five pounds, fifty pounds, or one hundred pounds, or multiples of one hundred pounds: wheat flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour and corn meals. The provisions of this section shall not apply, however, to (a) flours or meals packed in containers, the net

contents of which are less than three pounds; (b) the retailing of flours and meals direct to the consumer from bulk stock; (c) the sale of flours and meals to commercial bakers or blenders; (d) the sale of flours and meals for export or (e) the exchange of wheat for flour by mills grinding for toll. [1945; last amended 1947.]

Sec. 193-f. Sale of lawn dressings and fertilizers by net weight or standard measure; bill of sale.

Any person, firm or corporation soliciting, peddling and/or selling from bulk any commodity represented as a lawn dressing, fertilizer or material to be used as such, must offer for sale and/or sell such material by net weight or by standard measure. A bill of sale shall be delivered to the purchaser or his agent at the time of delivery of such material. Such bill of sale shall include the name and address of the seller and of the purchaser, and a statement of the quantity of fertilizer, lawn dressing or material delivered, in terms of net weight or standard measure, and the signature of the person making the delivery. [1947]

Sec. 194.1 Net content label; variations.

When commodities are sold or offered for sale in containers whose sizes are not otherwise provided by statute, the net quantity of the contents of each container shall be plainly and conspicuously marked, branded or otherwise indicated on the outside or top thereof or on a label or a tag attached thereto in terms of weight, measure or numerical count as may be prescribed by the commissioner [of agriculture and markets]; provided, however, that reasonable variations shall be permitted. [1922; last amended 1939.]

1 See Sec. 195, page 700, exceptions.

Sec. 194-a. Hay and straw: Presser defined; correct scales to be used; bale marks.

The term "presser" as used in this and the following sections of this article [Secs. 176-197] shall mean the person, firm, association or corporation owning or having possession of and operating the hay press. A presser who presses hay or straw for market shall use correct scales, properly sealed. Every presser of hay or straw for market shall mark each bale of any of such commodities pressed by him with his name and business address and the correct weight of the bale. These markings shall be made upon a tag, of not less than one and one-half inches in width and three inches in length, securely fastened to the bale.

The foregoing provisions shall not apply to hay or straw pressed or baled in the field by a pickup baler. Before being sold, such baled hay or straw shall be plainly marked with the name and business address of the presser or owner.

For the purposes of this article, the term "hay or straw pressed or baled in the field" shall mean freshly cut and unstacked hay or straw pressed or

baled in the field where produced. [1939; last amended 1944.]

Sec. 194-b. Same: Method of sale by bale or lot.

The net weight shall be plainly marked on each bale of hay or straw sold or offered for sale in this state, and no baled hay or straw shall be sold or offered for sale which weighs less than such net weight; except when hay or straw pressed or baled in the field, as defined in section one hundred ninety-four-a, is sold other than by the bale, the individual bales need not be marked as to net weight, but a bill of sale from and by the seller stating the number of bales involved in the sale and the total net weight thereof at the time of sale shall accompany the delivery. [1939; last amended 1944.]

Sec. 194-c. Same: Concealment of inferior products.

No person shall put or conceal in any such bundle of hay any wet or damaged hay, or other materials, or hay of any inferior quality to that which plainly appears upon the outside of such bundle. [1939]

Sec. 194-d. Measure of thread; label; offense.

No person, firm or corporation shall sell or offer for sale, sewing, basting, darning, crochet, tatting,. hand-knitting or embroidery thread made of cotton, linen, silk, rayon, nylon, or any synthetic material or any combination thereof put up on spools, tubes, cones, bobbins or in balls, skeins or other similar units, unless there is affixed to or impressed upon a conspicuous part of each such spool, tube, cone, bobbin, ball, skein or other similar unit of such thread a label or stamp which shall be plain and conspicuous, and which shall plainly and definitely indicate, either its net weight in avoirdupois pounds and ounces, or its length in yards; provided that when any such spool, tube, cone, bobbin, ball, skein or other similar unit of such thread containing a net weight of less than two avoirdupois ounces, is sold or offered for sale, then such label or stamp shall indicate its length in yards; provided further that where from the shape, size or character of the spool, tube, cone, bobbin, ball, skein or other similar unit it is impossible so to affix or impress such label or stamp, a label or stamp shall be affixed to the box or other container in which such units are put up, stating the number of units contained therein and the net weight or yardage of each as herein before prescribed. If any such person, firm, or corporation shall sell or offer for sale such thread on any such spool, tube, cone, bobbin, or in any such ball, skein or other similar unit or box, without a label or stamp specifying the net weight or number of yards of thread contained thereon, as provided in this section, or if any such person, firm or corporation shall knowingly sell or offer for sale such thread on any such