General Code, Throckmorton 1948, Part First, Title III, Div. II, Ch. 11-Mine Scales-Continued. faithful discharge of his duties, and payable to the state, with the oath endorsed thereon, which shall be deposited with such township clerk. Any person who violates the provisions of this section shall, upon conviction thereof, be fined not less than twenty-five dollars nor more than fifty dollars. [1941] Sec. 898-167. Check weighman designated by miners; rights and duties; penalty. At all mines where the earnings of the miners employed thereat depend upon the weight of the coal mined, the majority of the miners employed therein may at their own cost designate or appoint a person as check weighman. The person so employed must be an employe of such mine, a citizen of the United States, able to read and write the English language. When all of the miners do not concur with the majority in the employment of such check weighman, he shall only be required to furnish weights to the miners who concur therein, and who contribute to the payment of his salary or wages. The owner, lessee or agent of such mine shall permit and allow such check weighman on the tipple or at any other place where the scales used for determining weights upon which wages are fixed at such mine, may be located and at all proper times, such check weighman shall have full right of access to and examination of the scales, machinery or apparatus used at such mine to determine the correct weight of coal mined and shall not interfere with such check weighman in the performance of his duty which shall be to see the coal weighed and make a correct record of such weight. Not more than one person, however, on behalf of the miners collectively shall have such right at the same time at any one mine. The check weighman shall not interfere with or impede the speed of weighing of the coal or the operation of the mine. Any owner, lessee or agent or operator of a mine, or any person who wilfully refuses or neglects to comply with the provisions of this section, or who violates the provisions of this section, shall, upon conviction thereof, be fined not less than twentyfive dollars nor more than fifty dollars. [1941] Sec. 898-168. Check weighman designated by land owners; rights and duties; penalty. The land owner, or the persons interested in the rental or royalty at such mine, may at their own cost, designate or appoint a competent person to act as check weighman for them, who shall have the same rights as the check weighman for the miners. Not more than one person, however, on behalf of the land owners, or other persons interested in the rental or royalty, jointly, shall have such right at the same time at any one mine. Check weighmen shall not interfere with the use of or tamper with such scales, machinery or apparatus, nor make any false entry of any weight, or in any manner exceed the duties prescribed herein. Any owner, lessee or agent or operator of a mine or any other person who wilfully refuses or neglects to comply with the provisions of this section, or who violates the provisions of this section, shall, upon conviction thereof, be fined not less than twenty-five dollars nor more than fifty dollars. [1941] Sec. 898-169. Check measurer designated by miners; penalty. The miners employed at a mine where the earnings of such miners depend upon measurements, may at their own cost designate or employ not more than one of their number as check measurer to accompany each mine foreman or other person making the measurements, and see them make such measurements, and make a correct record of same. Each mine foreman or other person making meas urements may have a helper, but such helper shall not be regarded as a person making measurements. The person or persons designated as check measurer shall not in any manner interfere with or interrupt the work of the mine foreman, or other person, while making such measurements. Any owner, lessee or agent who wilfully refuses or neglects to comply with the provisions of this section, or who violates the provisions of this sec tion, or who interferes with the check measurer in the performance of his duties, shall, upon convic tion thereof, be fined not less than ten dollars nor more than twenty dollars. [1941] Sec. 898-170. Payment on basis of weight. Every miner and every loader of coal in any mine in this state who under the terms of his em ployment is to be paid for mining or loading such coal on the basis of the ton or other weight shall be paid for such mining or loading according to the total weight of all such coal contained within the car (hereinafter referred to as mine car) in which the same shall have been removed out of the mines unless otherwise agreed between employe and miner or loader. [1941] Sec. 898-175. Screening coal before weighing; penalty. It shall be unlawful for the employer of a mine or loader of the contents of any car of coal to pas any part of such contents over a screen or othe device, for the purpose of ascertaining or calcula ing the amount to be paid such miner or loade for mining or loading such contents, whereby th total weight of such contents shall be reduced o diminished unless otherwise agreed between em ployer and miner or loader. Any person, firm o corporation violating the provisions of this sectio shall be deemed guilty of a misdemeanor and upo conviction, shall be fined for each separate offens not less than three hundred dollars nor more tha six hundred dollars. [1941] 1949 Supplement (Legislative Issue) to 1948 Throckmorton Code, Part First—"Livestock Remedy Act." Sec. 1140-24. Definitions. (c) The term "livestock remedy" shall mean and include all drugs, combination of drugs, proprietary medicines, and combinations of drugs and other ingredients, other than for nutritional purposes which have been prepared or compounded for livestock, poultry or other animal use. (e) The term "label" means a display of written, printed or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this act [Secs. 1140-24-114038] that any word, statement, or other information appearing on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if there be any, of the retail package of such article, or is easily legible through the outside container or wrapper. (g) The term "director" shall mean the director of the department of agriculture. [1949] Sec. 1140-25. Unlawful acts. The following acts and the causing thereof within the state are hereby declared unlawful: (a) The sale, delivery, holding or offering for sale of any livestock remedy which has not been registered with the director as provided in section 4 [Sec. 1140-26] hereof; (b) The manufacture, sale, delivery, holding or offering for sale of any livestock remedy that is adulterated or misbranded; (d) The dissemination of any advertisement which is false or misleading in a material respect; provided, that no person or medium for the dissemination of any advertisement, except the manufacturer, packer, distributor, or seller of the article to which a false advertisement relates, shall be subject to the penalties of this act [Secs. 1140-24— 1140-38] by reason of the dissemination by him of such false advertisement, unless he has refused, on the request of the director, to furnish the name and address of the manufacturer, packer, distributor, seller or advertising agency who caused him to disseminate such advertisement; (f) The disposal of a detained article in violation of section 10 [Sec. 1140-32] hereof; (g) The giving of a guaranty which is false, except by a person who relied on a guaranty to the same effect signed by, and containing the name and 888243-51-50 1949 Supplement (Legislative Issue) to 1948 Throckmorton Code, Part First-"Livestock Remedy Act" -Continued. (f) Provided, however, that any livestock remedy that is manufactured and distributed under license from and under the supervision of the federal bureau of animal industry and in compliance with the regulations of such bureau, shall be deemed in compliance with this section of this act. [1949] Sec. 1140-32. Embargo. The director shall cause livestock remedies, which are found or believed to be in noncompliance with the provisions of this act [Secs. 1140-24-1140-38], to be withheld from sale pending compliance herewith. (a) Whenever the director or a duly authorized agent finds or has reasonable cause to believe a livestock remedy is adulterated or misbranded within the meaning of this act, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained, and warning all persons not to dispose of such article in any manner until permission is given by the director or the court. Provided that any such article may at the discretion of the manufacturer or vendor be removed from display, but left on the premises. [1949] Sec. 1140-34. Penalties for violations; notice and hearing; minor violations. (a) Any person who violates any of the provisions of this act [Secs. 1140-24-1140-38] shall be guilty of a misdemeanor and on conviction thereof shall be fined not less than $25.00 nor more than $100.00 for the first offense, not less than $100.00 nor more than $250.00 for the second offense, and for each subsequent offense not less than $500.00 nor more than $1,000.00. (b) It shall be the duty of each state, county, or city attorney to whom the director reports any violation of this act, to cause appropriate proceedings to be instituted in any court of competent jurisdiction without delay and to be prosecuted in the manner provided by law. Before any violation of this act is reported to any such attorney for the institution of criminal proceedings, the person against whom the proceeding is contemplated shall be given appropriate notice and an opportunity to present his views before the director or a designated agent, either orally or in writing, in person or by attorney, with regard to such contemplated proceeding. (c) Nothing herein contained shall be construed as requiring the director to report for the institution of prosecution under this act, minor violations of this act, whenever the director believes the public interest will be adequately served in the circumstances by a suitable written notice or warning. [1949] Sec. 1140-36. Enforcement; rules and regulations. (a) The director is hereby charged with enforcement of this act [Secs. 1140-24–1140–38], and is empowered to promulgate and adopt such reasonable rules and regulations as may be necessary to carry into effect the full intent and meaning of this act, provided, that such rules and regulations shall conform, insofar as practicable, with the rules and regulations promulgated under the federal food, drug and cosmetic act, and with the rules and regu lations promulgated by the federal bureau of animal industry; and provided that such power to promulgate rules and regulations shall extend to a reasonable enforcement of this act and no further. (b) The director is hereby authorized and directed to promulgate regulations exempting from any labeling and packaging requirements of this act livestock remedies or components thereof which are, in accordance with the practice of the trade, to be processed, labeled, or repacked at establishments other than those where originally processed or packed; but such articles, when so processed, labeled or repacked, shall be subject to all the provisions of this act. [1949] General Code, Throckmorton 1948, Part First, Title III, Div. II, Ch. 15-Bread. Sec. 1090-37. Weight; marking requirements. Bread shall not be sold or offered or exposed for sale otherwise than by weight and shall be manufactured for sale and sold only in units of not less than sixteen ounces. When multiple loaves are baked each unit of the loaf shall conform to the weight required by this section. The weights herein specified shall be construed to mean net weights twelve hours after baking and to be determined by the average weight of at least twenty-five loaves. Such unit weights shall not apply to rolls and such bread as shall be defined as fancy bread by the director of agriculture. Every loaf of bread manufactured for sale, sold, offered or exposed for sale shall have affixed thereon a plain statement in plain position of the weight of the loaf of bread, the business name and address of the maker, baker, or manufacturer. In the case of wrapped bread such information shall be stated on the wrapper of each loaf and in the case of unwrapped bread shall be stated by means of a pan impression or other mechanical means or shall be stated on a label using plain legible type. Such label affixed to an unwrapped loaf shall not be affixed in any manner which is unsanitary and unwholesome, and there shall not be more than one label on a loaf or a unit. [1921; last amended 1943.] Sec. 1090-38. Rules and regulations; tolerances; enforcing provisions. The director of agriculture shall prescribe such rules and regulations as may be necessary to enforce the preceding section, including reasonable tolerances or variations within which all weights shall be kept, provided, however, that such tolerances or variations shall not exceed one ounce per pound under the standard unit for single loaves, provided, however, that tolerance permitted in the weighing of twenty-five or more loaves shall not exceed onehalf ounce per pound. The said secretary, and under his direction, the local sealers of weights and measures, shall cause the provisions of this section to be enforced. Before any prosecution is begun under this section the parties against whom the complaint is made shall be notified and be given an opportunity to be heard by said secretary. [1921; last amended 1943.] Sec. 1090-43. Penalties for violations. A violation of any provisions of this act [Secs. 1090-22-1090-43] or any rule or regulation adopted herein, shall, for the first offense, be fined not less than $25.00 nor more than $100.00, and for each subsequent offense not less than $100.00 nor more than $300.00. [1921; last amended 1943.] General Code, Throckmorton 1948, Part First, Title III, Div. II, Ch. 15-Commercial Feeding Stuffs. Sec. 1141. Marking requirements. Whoever manufactures, sells or offers for sale within this state any feed stuffs or feed mixture for animals or poultry, or condimental stock or poultry feeds, animal or poultry salts or ash, mineral feeds, vitamin supplements, vitamin containing oils, or vitamin concentrates, or similar preparations shall have stamped or printed on each parcel, lot or container, or on a tag or label affixed thereto, in a conspicuous place, a plainly written or printed statement, in the English language, certifying as follows: (a) The net weight of the package, lot or parcel; [1913; last amended 1949.] Sec. 1144. Definition. "Feed stuffs" in general shall be held to include all feeds used for livestock, dog, fox, fish and poultry, and the following and sirailar preparations of commerce: linseed meal, lir.seed oil cake, cotton seed meal, cotton seed cake, pea meal, soy bean meal, cocoanut meal, rice meal, rice bran, rice polish, peanut meal, bean meal, gluten meal, gluten feeds, dried brewers' grains, dried distillers' grains, distiller's solubles, dried beet refuse, malt sprouts, yeast feeds, hominy feeds, cerealin feeds, oat feeds, mixed feeds, alfalfa meal, molasses feeds, sugar 888243-51-50 feeds, buckwheat bran, buckwheat hulls, buckwheat middlings, corn and corncob meal, crushed ear corn, corn bran, corn siftings, wheat bran with or without screenings, wheat middlings, with or without screenings, ground or unground mixed feeds made from seeds or grains or grain offal, clover meals, dried blood, blood meal, tankage, meat scraps, beef scraps, meat and bone meal, meat cracklings, raw or steamed bone meal, fish scraps, fish meal, dried buttermilk, condensed buttermilk, dried skim milk, condensed skim milk, or other animal, marine, or vegetable by-products; but such terms shall not include hay, straw, whole seeds, whole grains or unmixed meals made from corn, oats, wheat, rye, barley, buckwheat or other whole standard grains. [1913; last amended 1949.] Sec. 1147. Penalties for violations. Whoever manufactures, sells or offers for sale within this state any feed stuffs [etc.] defined in section 1141, without having complied with the provisions of this act [Secs. 1141-1149-1] shall be fined not less than fifty dollars nor more than two hundred dollars and shall be liable for damages sustained by the purchasers thereof. [1913; last amended 1949.] Sec. 1149. Rules and regulations for enforcement. The director of agriculture is hereby empowered to prescribe and enforce such supplementary rules and regulations relating to feed stuffs as he may deem necessary to carry into effect the full intent and meaning of this act [Secs. 1141-1149–1]. [1913; last amended 1941.] General Code, Throckmorton 1948, Part First, Title III, Div. II, Ch. 15-Commercial Fertilizer. Sec. 1150. Definition; marking requirements. Each person, firm, partnership, association, or corporation who manufactures, sells or offers for sale a commercial fertilizer, which means any substance or mixture of fertilizer materials or superphosphate, either solid or liquid, including any combination or mixture designed for use in promoting or inducing plant growth, except unprocessed animal manure, liming materials inoculants, insecticides and fungicides, shall have stamped or printed on each parcel, lot or container, or on a tag or label affixed thereto, in a conspicuous place on the outside thereof, a plainly printed declaration which shall state the net weight contained therein, [1913; last amended 1941.] Sec. 1162-1. Rules and regulations. The director of agriculture is hereby empowered to prescribe, promulgate, and enforce rules and regulations necessary and proper for the operation and enforcement of this act Secs. 1150-1163] for the inspection of fertilizer. [1941] General Code, Throckmorton 1948, Part First, Title III, Div. II, Ch. 15-Commercial Fertilizer-Continued. Sec. 1163. Penalties for violations. Whoever violates the provisions of this act [Secs. 1150-1163] pertaining to the inspection of fertilizer or whoever interferes with, prevents or obstructs the director of agriculture, or anyone acting for or on behalf of him, in the performance of their rights, powers, and duties provided for in [this] act pertaining to the inspection of fertilizer, shall be fined not less than fifty dollars nor more than two hundred dollars for the first offense, and for a subsequent offense not less than two hundred dollars nor more than five hundred dollars or imprisoned not more than six months, or both. [1913; last amended 1941.] General Code, Throckmorton 1948, Part First, Title III, Div. II, Ch. 17, Secs. 1177-12a to 1177–12hEggs. [ED. NOTE.-These sections provide for the grading of eggs according to weight and size. Supervision of the act is under the director of agriculture. As the sections relate primarily to quality, they are omitted.] General Code, Throckmorton 1948, Part First, Title III, Div. II, Ch. 17—Agricultural Liming Materials. Sec. 1177-44. Marking requirements. Any person, firm, corporation or agent that shall sell, offer or expose for sale or disposal, any agricultural liming material to be used for the correction of soil acidity in this state, shall print or stamp on each parcel, lot, or container, or cause to be affixed to every package or sample of such agricultural liming material to be used for the correction of soil acidity in a conspicuous place on the outside thereof, a tag or label which shall be accepted as a guarantee of the manufacturer, importer, dealer, or agent, and which shall have plainly printed thereon in the English language the number of net pounds of agricultural liming material to be used for the correction of soil acidity in the package, [1913; last amended 1941.] Sec. 1177-50. Rules and regulations. The director of agriculture is hereby empowered to prescribe and enforce such rules and regulations relating to agricultural liming material to be used for the correction of soil acidity, as may be deemed necessary to carry into effect the full intent and meaning of this act [1913; last amended 1941.] Sec. 1177-53a. Penalty for violations; prima facie evidence. Whoever sells, offers for sale, or keeps for the purpose of selling within the state, agricultural lime or limestone without complying with the pro visions of this law relating to agricultural lime or General Code, Throckmorton 1948, Part First, Title (a) The word "department" as used in this act [Secs. 1177-71-1177-83], shall mean the de partment of agriculture. (b) The word "animals" or "livestock" as used in this act, shall mean and include horses, mules cattle, calves, swine, sheep, and goats. (c) The word "dealer" or "broker" as used in this act, shall mean any person, co-partnership, as sociation or corporation buying, receiving, selling exchanging, negotiating, or soliciting sale, resale exchange, or transfer of any animals in an amount or number of head of livestock equivalent to three carloads or more during any one year, but shal not be construed to include: (a) any railroad transporting animals either interstate or intrastate (b) any person, association, co-partnership or cor poration who or which, by dispersal sale, is per manently discontinuing the business of farming dairying, breeding, raising or feeding animals, (c any person, association, co-partnership or corpora tion that sells livestock which has been raised or the premises of such person, association, co-partner ship or corporation, (d) any butcher, packer o processor who receives animals exclusively for im mediate slaughter, or that part of the business of farmer which consists of buying or receiving an mals for grazing and feeding purposes and the sal or disposal of such animals after the grazing c feeding period, (e) terminal livestock markets op erating under the control and regulations of th United States department of agriculture. [1933 last amended 1945.] Sec. 1177-72. License required. No person, co-partnership, association or corp ration shall act as a dealer or broker without fir being licensed so to do as provided in this a [Secs. 1177-71-1177-83.] [1935; la amended 1945.] |