Revised Code of 1943, Vol. 5, Title 64, Ch. 3-Weights and Measures, General Provisions-Continued.

Sec. 64-0308. Penalty for hindering an inspector in his official duties.

Any person who shall hinder, impede, restrict, or mislead in any way any employee of the department while in the performance of his official duties shall be guilty of a misdemeanor and shall be punished by a fine of not less than twenty dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than ten days nor more than ninety days for each offense. [1905; last amended 1931.]

Sec. 64-0309. General penalty.

Any person who shall violate any of the provisions of this title [Secs. 64-0101-64-0312] wherein a special penalty has not been provided shall be guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail for not more than thirty days, or by both such fine and imprisonment. [1931]

Sec. 64-0310. Duty of officer to seize persons violating provisions relating to false weights and measures.

When an officer shall arrest any person for a violation of any provision of this title [Secs. 640101-64-0312], he shall seize any false weight or measure found in the possession of the person so arrested and shall deliver the same to the magistrate before whom the person so arrested is required to be taken. [1895]

Sec. 64-0311. Duty of state's attorney.

Upon the conviction of any person for violating any provision of this title [Secs. 64-0101-64-0312], the state's attorney shall cause to be destroyed any weight or measure in respect whereof the accused stands convicted and which remains in the possession or under the control of such state's attorney. [1895]

Sec. 64-0312. Duty of magistrate.

The magistrate to whom any weight or measure is delivered, pursuant to section 64-0310, shall request an inspector of the department to test the same, and if he finds it to be false, the inspector shall cause it to be destroyed or to be delivered to the state's attorney of the county in which the accused is subject to prosecution or trial, as the interests of justice in his judgment may require. [1895]

Revised Code of 1943, Vol. 4, Title 40, Ch. 5-Municipal Corporations.

Sec. 40-0501. Powers of all municipalities.

The governing body of a municipality shall have the power:

51. To license, tax, and regulate public scales. [1895; last amended 1913.]

Sec. 40-0502. Additional powers.

The city council in a city operating under the council form of government and the board of city commissioners in a city operating under the commission system of government, in addition to the powers possessed by all municipalities, shall have power:

3. To regulate the inspecting, weighing, and measuring of lumber, firewood, coal, hay, and other articles of merchandise, to establish or purchase one or more city scales and to require dealers in hay, coal, firewood, or any other commodity, which, in the judgment of the governing body, should be weighed upon the city scales, to use such scales in the sale of such commodity, and to charge a reasonable fee for the use of such scales; [1895; last amended 1901.]

Revised Code of 1943, Vol. 1, Title 4, Ch. 10-Po tatoes.

Sec. 4-1001. Definitions.

In this chapter [Secs. 4-1001-4-1022], unless the context or subject matter otherwise requires: 1. "Potatoes" shall mean what is commonly called and known as white or Irish potatoes;

3. "Closed container", or its plural form, shall mean any container which shall be sewed, tied, sealed, glued, nailed, or otherwise closed in a practical or secure manner for handling;

6. "Label", and its various grammatical forms, when used as a noun shall mean any tag, label, brand, or device attached to, or written, stamped, printed, or stenciled on, any container and carrying a term or terms setting forth the grade, condition, quality, weight, variety, or class of the potatoes or other produce therein contained, and when used as a verb shall mean the act or the fact of the use of the aforesaid labeling items and methods in connection with potatoes or other produce, and when used as an adjective, its descriptive meaning shall be interpreted from its use and meaning as a noun and verb as herein prescribed; and

7. "Commissioner" shall mean the state seed commissioner. [1929; last amended 1941.]

Sec. 4-1005. Marking requirements for closed containers.

Every closed container packed with potatoes grown in North Dakota, being transported, or offered for sale or consignment shall bear upon the outside thereof, either by brand, tag or label, in plain letters and figures, the net weight when packed

When an individual shipment is made from such towns or stations at which regular inspection service is not maintained, and when such shipments cannot be so routed as to be stopped in transit for inspection at a town or station at which inspection service can be provided, or when due to unforeseen circumstances which make it physically impossible for an inspector to perform such inspection, or when definite or sufficient evidence followed by proof if demanded is presented to establish the fact that the shipment will be reprocessed and when inspection service is available officially inspected in transit, then the commissioner, or his agent, may waive, by a special written permit, the inspection and labeling requirements provided in this section for such individual ship

ment.

The commissioner [state seed commissioner], shall, by regulation, prescribe the general location of the labeling on the container and the minimum and maximum size of the letters and figures used in the labeling of the potatoes as herein provided. [1931; last amended 1947.]

Sec. 4-1014. Mislabeling prohibited.

No person, either for himself or while acting as agent or servant for any other person, shall sell, consign for sale, offer or expose for sale, have in possession or storage for sale, deliver within this state, or convey or cause to be conveyed out of this state, any potatoes or other produce which are mislabeled within the meaning of this chapter [Secs. 4-1001-4-1022] or the regulations thereunder, or which are labeled, represented, or advertised falsely in any respect, whether they are in closed containers, open containers, or in bulk regardless of the quantity. [1931]

Sec. 4-1019. Enforcement.

The commissioner [state seed commissioner] shall enforce the provisions of this chapter [Secs. 4-1001-4-1022] and the regulations made thereunder. Whenever he shall be of the opinion that a violation of this chapter or of the regulations made thereunder exists, he shall designate a time and place for a hearing and give notice thereof to the involved. person [1931]

Sec. 4-1022. Penalty for violations of chapter.

Any person who violates any of the provisions, or who fails or refuses to comply with any of the requirements, of this chapter [Secs. 4-10014-1022] or of any regulation made thereunder, or who willfully interferes with the commissioner [state seed commissioner] or any of his agents in the execution or on account of the execution of his or their duties under this chapter, shall be punished by a fine of not more than one hundred dollars and costs of prosecution for the first offense and by a fine of not more than five hundred dol

888243-51-48

lars and costs of prosecution for each subsequent offense. [1929; last amended 1931.]

Revised Code of 1943, Vol. 1, Title 4, Ch. 18-Milk and Cream.

Sec. 4-1817. Babcock test to be used.

Testing of milk or cream to determine the percentage of butterfat contained therein shall be made by the standard Babcock test. [1905; last amended 1927.]

Sec. 4-1818. Specifications of bottles and glassware for use in Babcock test.

The following bottles or glassware conforming to the standard Babcock test bottles and having the following specifications shall be used in testing milk and cream to determine the butterfat content thereof:

1. Eight percent, eighteen gram, six inch milk test bottle. Graduation: The total percent graduation shall be eight. The graduated portion of the neck shall have a length of not less than 63.5 mm. (2.5 inches). The graduation shall represent whole percent, five-tenths percent, and tenths percent. The tenths percent graduation shall be not less than 3 mm. in length; the five-tenths percent graduations shall be 1 mm. longer than the tenths percent graduations, projecting 1 mm. to the left; the whole percent graduations shall extend one-half way around the neck to the right, projecting 2 mm. to the left of the tenths percent graduations. Each percent graduation shall be numbered, the number being placed on the left of the scale. The maximum error of the total graduation or any part thereof shall not exceed the volume of the smallest unit of graduation. Neck: The neck shall be cylindrical for at least 5 mm. below the lowest and above the highest graduation mark. The top of the neck shall be flared to a diameter of not less than 10 mm. Bulb: The capacity of the bulb up to the junction of the neck shall be not less than 45 ml. The shape of the bulb may be either cylindrical or conical with the smallest diameter at the bottom. If cylindrical, the outside diameter shall be between 34 and 36 mm. If conical, the outside diameter of the base shall be between 31 and 33 mm., and the maximum diameter between 35 and 37 mm. The charge: The charge of the bottle shall be 18 gram. Height: The total height of the bottle shall be between 150 and 165 mm. (5% and 61⁄2 inches). Identification number: Each bottle shall bear a permanent identification number.

2. Fifty percent, nine gram, short neck (six inch) cream test bottle. Graduation: The total percent graduation shall be 50. The graduated portion of the neck shall have a length of not less than 63.5 mm. (2.5 inches). The graduation shall represent 5 percent, 1 percent, and 0.5 percent. The 0.5 percent graduations shall be at least 3 mm. in length; the 1 percent graduations shall be 2 mm.

Revised Code of 1943, Vol. 1, Title 4, Ch. 18-Milk and Cream-Continued.

longer than the 0.5 percent graduations, projecting 2 mm. to the left; the 5 percent graduation shall extend halfway around the neck to the right. Each 5 percent graduation shall be numbered, the number being placed on the left of the scale. The maximum error of the total graduation or any part thereof shall not exceed the volume of the smallest unit of the graduation. Neck: The neck shall be cylindrical for at least 5 mm. below the lowest and above the highest graduation mark. The top of the neck shall be flared to a diameter of not less than 10 mm. Bulb: The capacity of the bulb up to the junction of the neck shall not be less than 45 ml. The shape of the bulb may be either cylindrical or conical, with the smallest diameter at the bottom. If cylindrical, the outside diameter of the base shall be between 31 and 33 mm. and the maximum diameter between 35 and 37 mm. The charge: The charge of the bottle shall be 9 gram. All bottles shall bear on top of the neck above the graduations in plainly legible characters a mark denoting the weight of the charge to be used, (9 gram). Height: The total height of the bottle shall be between 150 and 165 mm. (5% and 61⁄2 inches). Identification number: Each bottle shall bear a permanent identification number.

3. Fifty percent nine gram, long neck (nine inch) cream test bottle. The same specifications in every detail as specified for the 50 percent 9 gram, 6 inch cream test bottle shall apply to the 9 inch bottle, with the exception, however, that the total height of this bottle shall be between 210 and 229 mm. (814 and 9 inches) and the graduated portion of the neck shall have a length of not less than 120 mm.

4. Fifty percent, eighteen gram, long neck (nine inch) cream test bottle. The same specifications in every detail as specified for the 50 percent, 9 gram, 6 inch cream test bottle shall apply, except that the charge shall be 18 gram. All bottles shall bear on top of the neck above the graduations in plainly legible characters a mark denoting the weight of the charge to be used, (18 gram).

5. Fifty percent, eighteen gram, short neck (six inch) cream test bottle. The same specification in every detail as specified for the 50 percent, 9 gram, 6 inch cream test bottle shall apply, except that the charge shall be 18 gram and the flare at the top of the neck of the bottle shall be at least 15 mm. in diameter.

THE STANDARD BABCOCK PIPETTE

Total length of pipette not more than

Outside diameter of suction tube

330 mm. 6-8 mm. 130 mm.

4.5-5.5 mm.

100-120 mm. 15-45 mm. 0.05 ml.

Nozzle straight.

To contain 17.6 ml of water at 20° C. Delivery in 5 to 8 seconds. [1905; last amended 1927.]

Sec. 4-1819. Sale of bottles and glassware used in Babcock test; trade-marks; bond.

Any manufacturer desiring to sell bottles and glassware for use in testing milk and cream for butterfat in this state may make application to the dairy commissioner for the registration of a trademark adopted by the manufacturer. At the time of making the application, the manufacturer shall file with the commissioner a bond in the sum of one thousand dollars payable to the state of North Dakota with sureties. The sureties, if personal, shall be residents of this state and if the surety is a company, it shall be authorized to do a surety business in this state. The bond shall contain the condition that the manufacturer will sell in this state only such bottles and glassware as shall conform to the standard Babcock test, and as shall have blown clearly or otherwise marked permanently in the side thereof the capacity of the same and the word "sealed", and in the side or bottom, the trade-mark and the designating number of the manufacturer. Upon the making of the application and the filing of the bond, the dairy commissioner shall assign to the applicant a designating number and cause a record to be made thereof in his office, together with a record of the trade-mark. The bond shall be valid for a period of three years from the date of its execution, unless prior to that time it shall ap pear to the dairy commissioner that the surety or sureties thereon have become insolvent or nonresidents of the state. If a surety company has ceased to do business in this state, the commissioner may cancel the bond and require a new bond to be filed. The trade-mark and designating number shall be different for each manufacturer. [1905; last amended 1927.]

Sec. 4-1820. Use of bottles and glassware not conforming to Babcock test requirements a misdemeanor; exception.

Any person within this state who shall test milk or cream for butterfat by the use of any bottles or glassware which do not conform to the standard Babcock test bottles for milk and cream, is guilty of a misdemeanor.1 Testing milk and cream for butterfat by the use of bottles or glassware purchased from a manufacturer who has filed a bond and been assigned a designating number as provided in section 4-1819 shall not be deemed a violation of this chapter [Secs. 4-1801-4-1854]. [1905; last amended 1927.]

1 See Sec. 4-1853, page 751; penalties for violations.

Sez. 4-1821. Penalty for sale of nonconforming bottles or glassware.

Any manufacturer complying with the provisions of section 4-1819 who shall sell any bottles or glassware in this state which do not conform to the

standard Babcock test and which are not marked as provided in section 4-1819 shall forfeit to this state the sum of five hundred dollars, to be recovered in an action for that purpose brought in the name of this state by the attorney general against the surety or sureties upon such bond. Any manufacturer, merchant, dealer, or agent in this state who shall offer for sale or sell any milk or cream_test bottle which is not in compliance with the above specifications, is guilty of a misdemeanor.1

1 See Sec. 4-1853, this page; penalty for violations.

Sec. 4-1822. Sampling; inspection by dairy commissioner; weighing; violations; penalty.

Every person operating a creamery, cream station, cheese factory, ice cream factory, renovating or process butter factory, or condensor in this state, buying or receiving milk or cream on the basis of the amount of butterfat contained therein, before emptying each container or containers of any part of the milk or cream contained therein and before adding any other substance thereto, shall mix thoroughly the entire contents and procure by the use of a thoroughly cleaned and dried sampling device, a representative sample of the milk or cream. Not less than two ounces of the sample taken shall be transferred immediately to a thoroughly clean and dry sample jar or bottle which shall be fitted properly and securely with a cover to prevent the escape of any of the contents. Every sample jar of every sample of milk or cream so taken shall be labeled, marked, or numbered indelibly to correspond with a record kept of the net weight of milk or cream, the percentage and amount of butterfat credited as being present in each container received, and the amount of money paid for the same. If more than one container is used by the owner or owners in the delivery of a quantity of milk or cream, the entire contents of such containers may be emptied into a tank or vat free from other substances, where it shall be mixed thoroughly and a representative sample of not less than two ounces shall be procured and transferred to a sample jar or bottle and labeled to correspond with a record kept as herein provided. All samples shall be protected from the extremes of temperature and shall be retained until five o'clock p. m. of the day following the receiving of the milk or cream, and all samples taken on Saturday shall be retained until five o'clock p. m. of the following Monday, during which time the receptacles containing such samples shall not be opened except by the dairy commissioner, his deputy or legal agent who may inspect the same officially for the purpose of determining the percentage of butterfat contained therein according to section 4-1817. All cream held over from one shipment to another shall be weighed, and a record of such weight shall be kept on hand and a true and correct sample thereof shall be taken and held, the same as other samples are taken and held, and

dated, and shall be labeled "hold-over sample." Any person violating the provisions of this section is guilty of a misdemeanor and shall be punished by imprisonment in the county jail for a period of not more than thirty days, or by a fine of not more than fifty dollars, or by both such fine and imprisonment. [1919; last amended 1929.]

Sec. 4-1825. False reading of Babcock test; penalty.

Any person who shall manipulate, underread, overread, or alter in any other manner the true reading of the Babcock test, or any other instrument, contrivance, or method that legally is or can be used to determine the quality or value of butterfat in milk or cream or the products of either or both combined, is guilty of a misdemeanor and shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars, or by imprisonment for not less than thirty days nor more than ninety days, or by both such fine and imprisonment. [1905; last amended 1927.]

Sec. 4-1826. Defective or inaccurate weights, measures, scales; repairing or discontinuing use of.

The dairy commissioner or an assistant dairy commissioner may order any defective or inaccurate weights, measures, scales, or apparatus used in determining the amount of butterfat in a quantity of milk or cream repaired or the use thereof discontinued. [1919]

Sec. 4-1827. Unreasonable variations between tests cause for revocation of license.

Any unreasonable variation between an official test made by the dairy commissioner, his deputy, or his agent, and any test made by any licensed milk or cream tester in this state shall be cause for the revocation of, or refusal to reissue, a license. [1919]

Sec. 4-1830. Complaints regarding weights, measures, scales.

The dairy commissioner, upon receipt of a complaint from any buyer of milk or cream regarding methods, weights, measures, scales, or any apparatus used by any other buyer in determining the percentage and amount of butterfat present in any quantity of milk or cream, may require that any sample or samples taken in compliance with section 4-1822, together with the record corresponding to such sample or samples, be forwarded to his office for official test. The dairy commissioner shall give notice to that effect within twenty-four hours of the time when the sample or samples in question are taken. [1919]

Sec. 4-1853. Penalties for violations.

Any person violating any of the provisions of this chapter [Secs. 4-1801-4-1854] for which another penalty is not specifically provided is guilty of a misdemeanor, and shall be punished for each offense by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by im

Revised Code of 1943, Vol. 1, Title 4, Ch. 18-Milk

and Cream-Continued.

prisonment for not more than thirty days, or by both such fine and imprisonment. Upon conviction for a first offense, the license of the person, corporation, association, or partnership so convicted shall be suspended for thirty days, and such license shall be revoked upon a conviction for a second offense. [1899; last amended 1937.]

Revised Code of 1943, Vol. 2, Title 19, Ch. 1-State Laboratories Department.

Sec. 19-0116. Enforcement of title.

The department [state laboratories department] shall enforce the provisions contained in this title and may prevent the manufacture or sale of products, articles, compositions or things not complying with any provisions of this title applicable thereto. [1923; last amended 1937.]

Sec. 19-0118. Duties as to weights and measures.

When requested so to do by the public service commission, the director of the department [state laboratories department], when it is possible and practicable to do so, shall direct one or more of the employees of the department to perform such duties as may be required relating to the inspection and licensing of weights and measures. Each employee of the department, when engaged in the performance of such duties, shall have the same powers and shall charge and collect the same fees for the services he may perform as are provided in the case of an inspector in chapter 2 of the title Weights, Measures, and Grades. All fees, licenses, and other charges collected by the department in performing such additional duties shall be considered as collections made by the department to be accounted for and disposed of as provided in this chapter [Secs. 19-0101-19-0118]. [1939]

Revised Code of 1943, Vol. 2, Title 19, Ch. 2-Foods and Drugs.

Sec. 19-0201. Definitions.

In this chapter [Secs. 19-0201-19-0233], unless the context or subject matter otherwise requires:

1. "Food" shall mean all articles, whether simple, mixed, or compound, used for, entering into. the composition of, or intended for use in, the preparation of food, drink, confectionery, or condiment for man or other animals;

2. "Drug" shall mean all substances and preparations recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, the official National Formulary, or any supplement to any of them, and any substance or mixture of substances intended or designed to be used for the cure, mitigation, prevention, or treatment of disease of man or other animals, and all substances and preparations, other

than food, intended to affect the structure or any function of the body. Soap shall be included as a drug only when medicinal or curative qualities are claimed therefor;

4. "Sale" and "sell" shall mean the keeping, offering, or exposing for sale, use, transportation, or exchange of any restricted, regulated, or prohibited article, the having of any such article in possession with intent to sell, use, transport, or exchange the same, and the storing, carrying, or handling thereof in aid of traffic therein, whether done or permitted in person or through others. [1923; last amended 1937.]

Sec. 19-0202. Rules and regulations.

The department [state laboratories department] shall fix, adopt, publish, and enforce definitions, rules, regulations, of articles of food and drugs for which no definitions, rules, regulations, and standards are prescribed by law, Definitions, rules, regulations, and standards fixed, adopted, and published under the provisions of this chapter [Secs. 19-0201-19-0233] shall have the force and effect of law. [1915; last amended 1923.] Sec. 19-0203. Unlawful to sell misbranded foods and drugs. No person shall manufacture, sell, offer, or expose for sale or delivery, or have in his possession for sale or delivery, any article of food or drugs which is adulterated or misbranded, or which otherwise violates any provisions of this chapter [Secs. 190201-19-0233] or any rule or regulation issued pursuant thereto. [1901; last amended 1923.]

Sec. 19-0207. When foods deemed misbranded.

For the purposes of this chapter [Secs. 19-020119-0233], a food shall be deemed to be misbranded:

2. If it is labeled or branded so as to deceive or mislead the purchaser,

5. When the article is in package form, if the name of the article together with the quantity of the contents in terms of weight, measure, or numerical count are not plainly and conspicuously marked on the outside of the package;

6. When the article is in package form, if the package is not filled with the food it purports to contain, irrespective of whether the quantity of the contents is plainly and conspicuously marked on the outside of the package in terms of weight, measure, or numerical count; [1901; last amended 1937.]

Sec. 19-0208. When drugs deemed misbranded.

For the purpose of this chapter [Secs. 19-020119-0233], a drug shall be deemed to be misbranded: