Statutes Annotated, Title 19, Ch. 15-Public weighers -Continued.

product for any other person, if, such person, firm or corporation so weighing is a bona fide purchaser of such product, but no charges shall be made or received for such weighing under the penalty aforesaid. [1907-08; last amended 1910.]

Statutes Annotated, Title 28, Ch. 1-Fees of Public Weigher.

Sec. 50. Fees; lien.

A public weigher, or any deputy weigher, shall receive for his services in weighing any article, the following schedule of fees: Ten cents for each load. or draft weighed separately: Provided, that such public weigher shall not be allowed compensation for any extra weighing which may be essential in determining the net weight of any article or load. The public weigher, or any deputy weigher, shall be allowed and is hereby granted a lien upon any article or product weighed for the fees above mentioned, and such fee shall attach to and follow such article into the hands of the purchaser, and shall not be barred or canceled by any sale or transfer of such article during the day upon which the article is weighed: Provided, that deputy weighers shall be allowed to retain as their compensation the sum of eight cents for each load or draft weighed separately; the residue of the price allowed hereunder shall be paid by the deputies to the county weigher at the close of the month. [190708; last amended 1910.]

Statutes Annotated, Title 45, Ch. 1-Mine Scales.

Sec. 211. Standard scales to be used; screening before weighing.

It shall be unlawful for any mine owner, lessee or operator of coal mines in this state employing miners who are paid by the quantity of coal mined by them to use any other than a recognized standard scale or to pass the output of coal mined by said miners over any screen or any other device until the same shall have been weighed. [1929]

Sec. 212. Weighman and check weighman: Oath.

The weighman and the check weighman employed at any mine shall, before some person authorized to administer oaths, take and subscribe an oath (or affirmation) to do justice between employer and employee and to weigh truly and correctly the output of coal from the mines as herein provided. [1929]

Sec. 213. Same: Employment; violations by weighmen; penalties.

The miners employed by or engaged in working for any mine owner, operator or lessee of any mine in this state shall have the privilege, if they desire, of employing, at their own expense, a check weigh

man who shall have equal rights, powers and privileges in the weighing of coal as the regular weighman. Any regular weigher or check weigher so employed, who shall knowingly violate any of the provisions of this Article [Secs. 211-213] in the discharge of his duties, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense or by imprisonment of not less than thirty (30) days nor more than six (6) months, proceedings to be instituted in any court having competent jurisdiction. Whenever the district mine inspector shall be satisfied that the provisions of this Section have been violated, it shall be his duty to prosecute the person or persons guilty thereof, and upon conviction therefor, such person or persons shall be punished as provided in this Section. [1929]

Statutes Annotated, Title 47, Ch. 12- Itinerant Merchants.

Sec. 422. License required.

*

No person shall engage in business or use any motor vehicle in this State as an itinerant merchant without complying with this Act [Secs. 421-438] and without obtaining from the Commission [Oklahoma Tax Commission] or its agents the license required by this Act. [1941] Sec. 425. Bond.

(a) No license shall be issued by the Commission [Oklahoma Tax Commission] until the applicant shall have filed with each application, and the same have been approved by the Commission, the following insurance policies and bonds

(1) A bond in the penal sum of Five Hundred Dollars ($500.00) in such form as may be prescribed by the Commission for the purpose of protecting the public against fraud, conditioned upon the delivery of correct weights, measures, footage, or grades, if the commodities handled by the itin erant merchant are those customarily sold by weights, measures, footage, or grades [1941]

Sec. 426. Appointment of secretary of commission as agent to accept service of summons.

Before a license shall be issued the applicant shall sign and file with the Commission [Oklahoma Tax Commission] an irrevocable power of attorney appointing the Secretary of the Commission his agent to accept service of summons for all causes of action against him arising out of the conduct of his business as an itinerant merchant and the operation of the motor vehicle described in the application. [1941]

Sec. 430. Revocation of license.

Upon such notice and hearing as the Commission may deem proper, it may revoke any license issued

under the provisions of this Act [Secs. 421-438] for failure to comply with any of the laws of this State, or if any judgment recovered against any itinerant merchant remains unpaid for a period of sixty days, provided such judgment be not superseded by bond upon appeal from such judgment. [1941]

Sec. 431. Enforcement; rules.

The Commission [Oklahoma Tax Commission] shall make and enforce such rules for the administration of this Act [Secs. 421-438] as may be necessary and proper. [1941]

Sec. 435. Penalties for violations.

Any person violating any provision of this Act [Secs. 421-438] shall be guilty of a misdemeanor, and shall upon conviction thereof be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than one year; or by both such fine and imprisonment. [1941]

Sec. 437. Highway patrol and peace officers to enforce act.

It shall be the duty of the Highway Patrol and all peace officers to enforce this Act [Secs. 421438]. [1941]

Statutes Annotated, Title 47, Ch. 13-Anti-Freeze. Sec. 461. Definition.

(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; [1949]

Sec. 463. When deemed misbranded.

An anti-freeze shall be deemed to be misbranded; (1) If its labeling is false or misleading in any particular; or (2) If in package form it does not bear a label containing

an accurate

statement of the quantity of contents in terms of weight or measure, and these facts are not stated plainly and correctly on the outside of the package; [1949]

Sec. 465. Enforcement.

The Fuel Inspection Division of the Corporation Commission of Oklahoma shall enforce the provisions of this Act [Secs. 461-470] by inspections, chemical analysis, or any other appropriate methods. [1949]

Sec. 466. Rules and regulations.

The Corporation Commission of Oklahoma shall have the authority to promulgate such rules and regulations as are necessary to promptly and effectively enforce the provisions of this Act [Secs. 461-470].

Sec. 470. Penalties for violations.

Any person or persons violating the provisions of this Act [Secs. 461-470] shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than Three Hundred Dollars ($300.00) nor more than Five Hundred Dollars ($500.00), or imprisonment for ninety (90) days or both for each offense. In addition thereto, the Corporation Commission is hereby authorized to punish any person or persons violating the rules and regulations adopted by the Commission under this Act as for contempt, and any person found guilty of violating the rules and regulations of the Corporation Commission adopted pursuant to this Act, may be fined any amount not exceeding Five Hundred Dollars ($500.00) for each offense. [1949]

Statutes Annotated, Title 52, Ch. 1—Natural Gas. Sec. 44. Natural gas to be furnished through meters at meter rates; exceptions.

All persons, firms, corporations or other business organizations engaged in the business of furnishing natural gas in municipalities in this state, to the inhabitants thereof, shall do so through standard meters at meter rates; provided, that this act [Secs. 44-45] shall only apply to towns where the population exceeds five hundred, and shall not prohibit the sale of gas at a flat rate to federal, state or municipally owned buildings, institutions or plants; Provided further, that this act shall not abrogate any existing contract, or affect or change the terms or conditions of any franchise granted by any municipal corporation prior to, and in effect April 28th, 1913. [1913; last amended 1915.]

Sec. 45. Penalty for violations.

Any person, firm, corporation or other business organization who shall violate any of the provisions of this act [Secs. 44-45] shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than five dollars nor more than twenty-five dollars, and each day of such violation shall be deemed a separate offense. [1913; last amended 1915.] [ED. NOTE.-The Oklahoma Corporation Commission enforces the foregoing Sections 44 and 45.]

Laws 1949, Title 63, Ch. 7—"Oklahoma Food Act." Sec. 2. Definitions.

(a) The term "Commissioner" means the State Health Commissioner.

(b) The term "Board" means the State Board of Health.

(d) The term "food" means (1) articles used for food or drink for man, (2) chewing gum, and (3) articles used for components of any such article.

Laws 1949, Title 63, Ch. 7-"Oklahoma Food Act" -Continued.

(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. 1-20] that any word, statement, or other information appear 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.

(f) The term "immediate container" does not include package liners.

(k) The provisions of this Act regarding the selling of food shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale; and the sale, dispensing, and giving of any such article, and the supplying of any such articles in conduct of any food establishment.

(1) The term "Federal Act" means the Federal Food, Drug, and Cosmetic Act (Title 21 U. S. C. 301 et seq.; 52 Stat. 1040 et seq.). [1949]

Sec. 3. Prohibited acts.

The following acts and the causing thereof within the State of Oklahoma are hereby prohibited:

(a) The manufacture, sale, or delivery, holding or offering for sale of any food that is adulterated or misbranded.

(b) The adulteration or misbranding of any food.

(c) The receipt in commerce of any food that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.

(e) The dissemination of any false advertise

ment.

(g) The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the State of Oklahoma from whom he received in good faith the food.

(h) The removal or disposal of a detained or embargoed article in violation of Section 6 of this Act [Secs. 1-20]. [1949]

Sec. 4. Injunction.

In addition to the remedies hereinafter provided the Commissioner is hereby authorized to apply to the District Court for, and such court shall have

jurisdiction upon hearing and for cause shown to grant, a temporary or permanent injunction restraining any person from violating any provision of Section 3 of this Act [Secs. 1-20], irrespective of whether or not there exists an adequate remedy at law. [1949]

Sec. 5. Penalties for violations; guaranty protection.

(a) Any person who violates any of the provisions of Section 3 of this Act [Secs. 1-20] shall be guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment for no more than Thirty (30) days or a fine of not more than One Hundred ($100.00) Dollars, or both such im prisonment and fine; but if the violation is committed after a conviction of such person under this Section has become final, such person shall be subject to imprisonment for not more than Six (6) months, or a fine of not more than Five Hundred ($500.00) Dollars, or both such imprisonment and

fine.

(b) No person shall be subject to the penalties of subsection (a) of this Section, for having vio lated Section 3 (a) or (c) of this Act, if he estab lishes a guaranty or undertaking signed by, and containing the name and address of, the person residing in the State of Oklahoma from whom he received in good faith the article, to the effect that such article is not adulterated or misbranded within the meaning of this Act, designating this Act [1949]

Sec. 6. Embargo.

(a) Whenever a duly authorized agent of the Commissioner finds, or has probable cause to be lieve, that any food is adulterated, or so misbranded as to be dangerous or fraudulent, within the mean ing of this Act [Secs. 1-20], 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 or embargoed, and warning all persons not to re move or dispose of such article by sale or otherwise until permission for removal or disposal is given by such agent or the court. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission for a period of Fifteen (15) days after such tag or other marking has been affixed thereto. [1949]

Sec. 8. Minor violations.

Nothing in this Act [Secs. 1-20] shall be con strued as requiring the Commissioner to report for the institution of proceedings under this Act, minor violations of this Act, whenever the Commissioner believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning. [1949]

Sec. 9. Standards of ħill.

the Board shall promulgate reasonable rules and regulations fixing and establishing for any food or class of food a reasonable definition and standard of identity, and/or reasonable standard of quality and/or fill of container.

[1949]

Sec. 11. When deemed misbranded.

A food shall be deemed to be misbranded— (a) If its labeling is false or misleading in any particular.

(d) If its container is so made, formed, or filled as to be misleading.

*

(e) If in package form, unless it bears a label containing (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; Provided, That under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by reasonable rules and regulations prescribed by the Board.

(f) If any word, statement, or other information required by or under authority of this Act [Secs. 1-20] to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, 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.

(h) If it purports to be or is represented as—

(2) a food for which a standard or standards of fill of container have been prescribed by reasonable rules and regulations as provided by Section 9 of this Act, and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such reasonable rules and regulations specify, a statement that it falls below such standard. [1949]

Sec. 15. Rules and regulations.

(a) The authority to promulgate reasonable rules and regulations for the efficient enforcement of this Act [Secs. 1-20] is hereby vested in the Board. The Board is hereby authorized to make the reasonable rules and regulations promulgated under this Act conform, in so far as practicable, with those promulgated under the Federal Act. [1949]

Statutes Annotated, Title 63, Ch. 10-"Uniform Narcotic Drug Act."

Sec. 410. Marking requirements.

(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. [1935]

Sec. 419. Enforcement.

It is hereby made the duty of the State Board of Health, its officers, agents, inspectors, and representatives, and of all peace officers within the State, and of all county attorneys, to enforce all provisions of this Act [Secs. 401-474], 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. [1935]

Sec. 420. Penalty for violations.

Any person violating any provision of this Act [Secs. 401-474] shall upon conviction be punished, for the first offense, by a fine not exceeding One Thousand ($1,000.00) Dollars, or by imprisonment for not exceeding two (2) years, or by both such fine and imprisonment, and for any subsequent offense, by a fine not exceeding Five Thousand ($5,000.00) Dollars, or by imprisonment for not exceeding three (3) years, or by both such fine and imprisonment. [1935]

Statutes Annotated, Title 68, Ch. 18-"Gasoline Motor Fuel Excise Tax Act."

Sec. 659. Definition of motor fuel.

(a) The term "gasoline" is hereby declared to be and to mean the same as the term "motor fuel", and the term "motor fuel" means and includes every petroleum product, fluid or liquid, or any combination thereof, having an A.P.I. gravity of forty-six degrees (46°) or above at a temperature of sixty degrees (60°) Fahrenheit and at atmospheric pressure, and shall include drip, casing-head or natural gasoline, benzol, naptha, benzene and solvents, and shall include any liquid or fluid of less than forty-six (46°) degrees A.P.I. gravity at a temperature of sixty degrees (60°) Fahrenheit compounded, blended, manufactured, or otherwise produced by mixing or blending gasoline or napthas with any blending materials, as herein defined, when the blended product can be used for generating power in internal combustion engines, regardless of the name by which such liquid or fluid may be known or sold. [1939; last amended 1947.]

Sec. 659n. Transporter permit; measurement certificate; sealing of tanks.

(a) Before using any vehicle to transport motor fuel or blending material, on the highways of this State or the streets and alleys of any city or town in this State, the owner or operator of such vehicle

Statutes Annotated, Title 68, Ch. 18-"Gasoline Motor Fuel Excise Tax Act”—Continued. must first file an application verified by affidavit with the Tax Commission, for a motor fuel transporter permit for each vehicle use, on a form prescribed and furnished by the Tax Commission showing the distributor, retailer, dealer or transporter for hire, license number of the owner of the vehicle, the make, model, year made, license tag number, motor number, number and capacity of the tanks or containers of the vehicle and such other information as the Tax Commission may require. Upon approval of such application the Tax Commission shall issue a motor fuel transporter vehicle permit bearing a distinctive number for each such vehicle which must be displayed at all times in the cab of each vehicle transporting motor fuel or blending material in this state.

(c) Before using any tank or container in the transportation of motor fuel or blending material every person must have such tank or container measured and calibrated by the Tax Commission and a measurement certificate issued for each such container or tank. Such measurement certificate may be executed only by the agents and employees of the Tax Commission after such tank or container has been accurately measured and calibrated according to the standards of the United States Bureau of Weights and Measures. At the time the tank or container is measured and calibrated a marker approved by the Commission must be installed and sealed in such tank or container. Such marker shall not be moved, altered or tampered with and the seal on said marker shall not be broken by any person other than an agent or employee of the Tax Commission. The measurement and calibration as shown by such certificate must be stenciled or printed on the side of each tank or container in such a manner that it is readily decipherable, and such markers must at all times correspond with the measurements for the tanks or containers as shown in such certificate. Each tank or container used to transport motor fuel or blending material in this State must be measured, calibrated, marked and a certificate therefor issued and filed with the Commission, and no person may use any tank or container in this State when its size has been changed after the issuance of a certificate therefor without first having the tank or container again measured, calibrated, marked and a new certificate issued therefor by the Tax Commission.

(e) The Tax Commission may require all tanks or other containers in which motor fuel or blending material is transported in this State to be sealed during such transportation, except any tank used for motor fuel for the propulsion of a motor vehicle having a capacity not to exceed fifty (50) gallons

which is attached as a permanent part of such vehicle.

(h) The Tax Commission may approve the measurement of any other state using the same method of measurement on any tank or container being used exclusively to export motor fuel or blending material into said other state. [1939; last amended 1947.]

Statutes Annotated, Title 68, Ch. 18-"Special Fuel Use Tax Act."

Sec. 713. Definition of fuel.

(b) The term "fuel" means and includes all combustible gases and liquids, including liquefied gases, which exist in the gaseous state at a temperature of sixty (60°) degrees Fahrenheit and at a pressure of 14.7 pounds per square inch absolute, and any liquid petroleum product or substitute therefor, including Diesel fuel, kerosene, distillate, condensate or similar products that may be used as fuel to generate power for the propulsion of motor vehicles upon the public highways of this State, except such fuels as are subject to the tax imposed by the "Gasoline or Motor Fuel Excise Tax Act."1 [1939; last amended 1947.]

1 See page 811.

Sec. 725. Containers; requirements for transportation.

The Tax Commission may require that all tanks or other containers in which fuel, as defined by this Act [Secs. 713-725], is transported be accurately measured, calibrated and marked. [1939] Statutes Annotated, Title 81, Ch. 1-Public Warehouses.

Sec. 255. Maintenance of scales; weight certificates.

The person, firm, company or corporation owning a bonded warehouse shall maintain sufficient scales and equipment for weighing and keeping records of all products stored and shall place upon the certificate the weight and grade as determined to the best of his ability. [1919]

Statutes Annotated, Title 82, Ch. 1-Measurement of

water.

Sec. 31. Cubic foot; acre foot.

The standard of measurement of the flow of water shall be the cubic foot per second of time; the standard measurement of the volume of water shall be the acrefoot, being the amount of water upon an acre covered one foot deep, equivalent to forty-three thousand five hundred sixty cubic feet [1905]