2. If its container is made, formed, or filled so as to mislead the purchaser;

6. When the article is in package form, if the name of the article together with the quantity of the contents thereof in terms of weight, measure, or numerical count are not plainly marked on the outside of the package; [1923; last amended 1937.]

Sec. 19-0214. Deceptive packages prohibited; rules relating to size and weight of packages.

No person, firm, or corporation shall manufacture, sell, or expose for sale, any article of food or drug in any package or container, the size or shape of which may deceive or tend to deceive the purchaser of such product as to the contents of said package or container. In order to prevent fraud and deception, the department [state laboratories department] may establish, publish, and enforce rules and regulations relative to the size, weight, or style of package of all drug and food commodities, except lard and bread, and such rules and regulations shall have the force and effect of law. [1923]

Sec. 19-0215. Lard: Quantities which may be sold.

Every lot of lard, lard compounds, or lard substitutes, unless sold in bulk, shall be sold in pails or other containers holding one, three, or five pounds net weight or some whole multiple of these numbers and not any fractions thereof. [1923]

Sec. 19-0216. Bread: How sold.

No person shall sell, offer, or expose for sale, or have in his possession with intent to sell or transport, any bread, the loaf of which does not weigh either sixteen ounces or twenty-four ounces avoirdupois or a whole multiple of sixteen ounces avoirdupois. The weights shall apply alike to each unit of twin or multiple loaves. A loaf shall be of the required weight at any period from the time of baking the same until twelve hours thereafter. The required weight standards shall apply alike to wheat bread, white bread, milk bread, rye bread, raisin bread, currant bread, brown bread, graham bread, whole wheat bread, and other similar kinds of farinaceous substances baked in loaves and known and designated as bread. The average weight of loaves shall be as often above as below permissible weights. The weight standards defined in this section shall not be construed to apply to cakes, buns, biscuits, and similar small unit products. [1923]

Sec. 19-0229. Penalties for violations of chapter.

Any person violating or failing to comply with any provision of this chapter [Secs. 19-0201-190233] or with any rule, regulation, definition, or standard issued pursuant thereto, is guilty of a

misdemeanor and shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than ten days nor more than thirty days, or by both such fine and imprisonment. [1901; last amended 1923.]

Revised Code of 1943, Vol. 2, Title 19, Ch. 3-Narcotic Drugs.

Sec. 19-0315. Marking requirements.

Labels shall be affixed to all packages or receptacles containing narcotic drugs sold or dispensed under the provisions of this chapter [Secs. 19-0301— 19-0332] as follows:

1. Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells or 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. * [1917]

Sec. 19-0324. False labels prohibited.

No person shall:

4. Affix any false or forged label to a package or receptacle containing narcotic drugs. [1917]

Sec. 19-0327. Enforcement and cooperation.

It is hereby made the duty of the department [state laboratories department] its officers, agents, inspectors, and representatives, and of all peace officers within the state, and of all state's attorneys to enforce all provisions of this chapter [Secs. 190301-19-0332], except those specifically delegated and to cooperate 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. [1917]

Sec. 19-0331. Penalties for violations.

Any person violating any provision of this chapter [Secs. 19-0301-19-0332], if another penalty is not specifically prescribed, shall be punished by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the penitentiary for not less than one year nor more than three years, or in the county jail for not more than one year, or by both such fine and imprisonment. [1917]

Revised Code of 1943, Vol. 2, Title 19, Ch. 5-Oleomargarine.

Sec. 19-0508. Size of packages.

* Oleomargarine shall not be sold in this state in packages containing less than one pound nor more than thirty pounds. [1931]

Revised Code of 1943, Vol. 2, Title 19, Ch. 5—Oleomargarine Continued.

Sec. 19-0514. Enforcement.

Every officer who has the duty of enforcing the laws of this state shall be charged with the enforcement of the provisions of this chapter [Secs. 190501-19-0516], and for failure to enforce the same, shall be subject to removal from office. [1931]

Sec. 19-0516. Penalty for violations.

Unless it is otherwise provided in this chapter [Secs. 19-0501-19-0516] any person violating any of the provisions of this chapter is guilty of a misdemeanor, and for the first offense shall be punished by a fine of not less than twenty-five dollars nor 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. For the second and each subsequent offense, he shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail for not less than thirty days nor more than ninety days, or by both such fine and imprisonment. [1931]

Revised Code of 1943, Vol. 2, Title 19, Ch. 8— Beverages.

Sec. 19-0801. Unlawful to sell misbranded beverages.

No person shall sell, offer, or expose for sale, or have in his possession with intent to sell within this state, any beverage of whatever nature that

is adulterated, misbranded or insufficiently or improperly labeled within the meaning of chapter 2 of this title [Secs. 19-0101-19-1610], or that is not licensed as provided in this chapter [Secs. 19-0801-19-0807]. [1923]

Sec. 19-0806. Penalties for violations.

Any person violating any of the provisions of this chapter [Secs. 19-0801-19-0807] or any rule or regulation issued pursuant thereto is guilty of a misdemeanor and, if another penalty is not prescribed, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. [1923]

Revised Code of 1943, Vol. 2, Title 19, Ch. 9-Cosmetics.

Sec. 19-0901. Definition.

As used in this chapter [Secs. 19-0901-19-0907], the term "cosmetic" shall mean all substances and preparations intended for cleansing or altering the appearance or promoting the attractiveness of the person, except that such term shall include soaps only when medicinal or curative qualities are claimed therefor. [1937]

Sec. 19-0903. When deemed misbranded.

A cosmetic shall be deemed to be misbranded if: 1. Its labeling is false or misleading in any particular;

2. It is in package form, unless it bears a label containing the name and place of business of the manufacturer, packer, seller, or distributor, and an accurate statement of the quantity of the contents of the package in terms of weight, measure, or numerical count; or

3. Any word, statement, or other information required on the label under any provision of this chapter [Secs. 19-0901-19-0907] is not prominently placed thereon in such a manner as to be easily seen and in such terms as to be readily understood by the purchasers and users of such articles under customary conditions of purchase and use, due consideration being given to the size of the package. [1937]

Sec. 19-0904. Unlawful to sell if misbranded.

No person shall manufacture, sell, offer, or expose for sale or delivery, or have in his possession for sale or delivery, any cosmetic which is adulter ated or misbranded or which otherwise violates any provision of this chapter [Secs. 19-0901-19-0907 or any rule or regulation issued pursuant thereto. [1937]

Sec. 19-0906. Rules and regulations.

The department [state laboratories department] shall adopt, publish, and enforce rules and regu lations for the enforcement of this chapter [Secs 19-0901-19-0907], . [1937]

Sec. 19-0907. Penalties for violations.

Any person violating or failing to comply with any of the provisions of this chapter [Secs. 19 0901-19-0907], or with any rule, regulation, defini

The term "livestock medicine" as used in this chapter [Secs. 19-1401-19-1408] shall include all devices, remedies, cures, tonics, powders, proprietary medicines, medicated stock foods, and similar preparations for the treatment or prevention of any disease of livestock, poultry, or other domestic animals which are administered internally for their stimulating, invigorating, curative, or other than nutritive powers, and also all powders, sprays, dips, and other preparations for external use in the curing of scab or the eradication of ticks, lice, and other mites and parasites on livestock, poultry, or other domestic animals. The term shall not include medicines which are manufactured, sold, or recommended primarily for human use. [1937] Sec. 19-1403. Marking requirements.

No person shall sell, offer, or expose for sale, have in his possession with intent to sell, any livestock medicine:

4. Which does not have printed or written upon the label of each package sold at retail, in type not less than one-fourth the size of the largest type on the package;

d. The net contents, by weight, measure, or numerical count of such package; [1937; last amended 1945.]

Sec. 19-1407. Enforcement.

The department [state laboratories department] shall enforce the provisions of this chapter [Secs. 19-1401-19-1408] by inspection, chemical analy sis, and any other appropriate method.

[1937]

Revised Code of 1943, Vol. 2, Title 19, Ch. 14-Livestock Medicine-Continued.

Sec. 19-1408. Penalties for violations.

Any person who shall sell, offer, or expose for sale, or have in his possession with intent to sell, any livestock medicine in violation of any of the provisions of this chapter [Secs. 19-1401-19-1408], or who shall willfully and falsely represent that any livestock medicine is registered for sale in this state when in fact it is not so registered, shall be punished by a fine of not more than two hundred dollars for the first offense, and for any subsequent offense, by a fine of not more than three hundred dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. [1937]

Laws 1949, Ch. 172-"North Dakota Fertilizer Law of 1949."

Sec. 2. Enforcement.

This act [Secs. 1-19] shall be administered by the state laboratory department of the state of North Dakota, hereinafter referred to as the "department." [1949]

Sec. 3. Definitions.

3. "Commercial fertilizer" includes both mixed fertilizer and fertilizer materials;

4. "Fertilizer material" means any substance containing nitrogen, phosphoric acid, potash, or any recognized plant food element or compound which is used primarily for its plant food content or for compounding mixed fertilizers except unmanipulated animal and vegetable manures;

5. "Mixed fertilizer" means any combination or mixture of fertilizer materials designed for use or claimed to have value in promoting plant growth, with or without inert materials; [1949]

Sec. 5. Marking requirements.

1. Any commercial fertilizer offered for sale or sold or distributed in this state in bags, barrels, or other containers shall have placed on or affixed to the container the net weight * * * either on tags to be affixed to the end of the package midway between the ears or on the sewed end, or directly on the package

2. If transported in bulk, the net weight shall accompany delivery and be supplied to the purchaser. [1949]

Sec. 14. Stop sale order.

It shall be the duty of the department to issue and enforce a written or printed "stop sale, use, or removal" order to the owner or custodian of any lot of commercial fertilizer and to hold at a designated place when the department finds said com

mercial fertilizer is being offered or exposed for sale in violation of any of the provisions of this act [Secs. 1-19] or any regulation issued thereunder, until the law has been complied with and said commercial fertilizer is released in writing by the department or said violation has been otherwise legally disposed of by written authority. [1949]

Sec. 15. Seizure.

Any lot of commercial fertilizer not in compliance with the provisions of this act [Secs. 1–19] shall be subject to seizure on complaint of the department to a court of competent jurisdiction in the area in which said commercial fertilizer is located. [1949]

Sec. 16. Penalties for violations; minor violations.

(1) Any person violating any of the provisions of this act [Secs. 1-19] or any rule or regulation issued thereunder shall be guilty of a misdemeanor, and

(2) Nothing in this act shall be construed as requiring the department or its representatives to report for prosecution or for the institution of seizure proceedings minor violations of the act when it believes that the public interest will be best served by a suitable notice of warning in writ ing; [1949]

Revised Code of 1943, Vol. 2, Title 19, Ch. 16— Anti-Freeze.

Sec. 19-1601. Definition.

As used in this chapter [Secs. 19–1601—19–1610], unless the context or subject matter otherwise requires:

1. "Anti-freeze" shall include all substances and preparations intended for use as the cooling medium, or to be added to the cooling liquid, in the cooling system of internal combustion engines to prevent freezing of the cooling liquid or to lower its freezing point; [1943]

Sec. 19-1603. When deemed misbranded.

An anti-freeze shall be deemed to be misbranded: 1. If its labeling is false or misleading in any particular;

2. If in package form it does not bear a label containing an accurate statement of the quantity of the contents in terms of weight or measure, and these facts are not stated plainly and correctly on the outside of the package. [1943; last amended 1949.]

Sec. 19-1605. Enforcement.

The state laboratories department shall enforce the provisions of this chapter [Secs. 19-1601-191610] [1943]

Sec. 19-1610. Penalty for violations.

Any person violating or failing to comply with any of the provisions of this chapter [Secs. 191601-19-1610], or any rule, regulation, definition, or standard issued pursuant thereto, is guilty of a misdemeanor and shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment for not less than ten days nor more than thirty days, or by both such fine and imprisonment. [1943]

1947 Supplement to the Revised Code of 1943, Title 19, Ch. 17-Flour and Meal Containers.

Sec. 19-1706. Flour, corn meal, and grits: Standard weight containers; exceptions; penalties for violations.

It shall be unlawful for any person, partnership, corporation, company, cooperative society, or organization to 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 two (2), five (5), ten (10), twenty-five (25), fifty (50), and one hundred (100) pounds, and multiples of one hundred (100) pounds: Wheat flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meals, hominy and hominy grits; provided, however, that the provisions of this Act (section) shall not apply to (a) the retailing of flours, meals, hominy and hominy grits direct to the consumer from bulk stock, or (b) the sale of flours and meals to commercial bakers or blenders or for export in containers of more than one hundred (100) pounds, (c) flours, meals, hominy and hominy grits packed in cartons the net contents of which are less than five (5) pounds, or (d) the exchange of wheat for flour by mills grinding for toll. Any violation of this Act (section) shall constitute a misdemeanor and upon conviction, the offender shall be fined not less than twenty-five ($25.00) dollars nor more than five hundred ($500.00) dollars for each offense. [1945]

1947 Supplement to the Revised Code of 1943, Title 19, Ch. 18-"Insecticide, Fungicide, and Rodenticide Act of 1947."

Sec. 19-1802. Definitions.

For the purpose of this Act [Secs. 19-1801-191811], unless the context or subject otherwise requires:

1. "Economic poison" shall mean any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living man or other animals, which the commissioner shall declare to be a pest;

15. "Commissioner" shall mean the state food commissioner and chemist;

17. "Label" shall mean the written, printed, or graphic matter on, or attached to, the economic poison or device, or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the economic poison or device;

18. "Labeling" shall mean all labels and other written, printed, or graphic matter;

a. Upon the economic poison or device or any of its containers or wrappers;

b. Accompanying the economic poison or device at any time;

20. The term "misbranded" shall apply:

a. To any economic poison or device if its labeling bears any statement, design or graphic representation relative thereto or to its ingredients which is false or misleading in any particular;

b. To any economic poison:

6. If any word, statement, or other information required by or under the authority of this Act to appear on the labeling is not prominently placed thereon [with] such conspicuousness, as compared with other words, statements, designs, or graphic matter in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. [1947]

Sec. 19-1803. Marking requirements.

No person shall distribute, sell, or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following:

2. Any economic poison unless it is in the registrant's or the manufacturer's unbroken immediate container, and there is affixed to such container, and to the outside container or wrapper of the retail package, if there be one through which the required information on the immediate container can not be clearly read, a label bearing:

c. The net weight or measure of the content subject, however, to such reasonable variations as the commissioner may permit. [1947]

Sec. 19-1806. Enforcement.

The examination of economic poisons or devices shall be made under the direction of the commissioner [state food commissioner and chemist] for