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Statutes Annotated, Title 21, Ch. 1-Misdemeanors. Sec. 10. Punishment when not otherwise prescribed.

Except in cases where a different punishment is prescribed by this chapter or by some existing provisions of law, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding one year or by a fine not exceeding five hundred dollars, or both such fine and imprisonment. [1910] Statutes Annotated, Title 21, Ch. 61–False Weights

and Measures. Sec. 1504. Hay: Failure to mark weight on bales; penalty.

Any person who, in putting up or pressing hay for market, omits to put in each bundle or bale the number of pounds which he impliedly or expressly represents it to contain, is guilty of a misdemeanor. [1877; last amended 1910.) ]

1 See Title 21, Sec. 10, above; punishment for misdemeanor. Sec. 1505. False increase of weight; penalty.

Every person who puts or conceals in any bag, bale, box, barrel or other package of goods usually sold by weight any other thing whatever for the purpose of increasing the weight of such package shall be punished by a fine of twenty-five dollars for each offense. [1877; last amended 1910.] Statutes Annotated, Title 21, Ch. 62—False Weights

and Measures. Sec. 1551. Use; penalty.

If any person with intent to defraud, use a false balance, weight or measure, in the weighing or measuring of anything whatever that is purchased, sold, bartered, shipped or delivered, for sale or barter, or that is pledged, or given in payment, he shall be punished by a fine not exceeding one hundred dollars nor less than five dollars, or by imprisonment in the county jail not more than thirty days, or by both such fine and imprisonment, and shall be liable to the injured party in double the amount of damages. [1877; last amended 1910.) Sec. 1552. Retention for use; penalty.

Every person who retains in his possession any weight or measure, 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 in violation of the last section (Sec. 1551), shall be punished as therein provided. [1877; last amended 1910.) jec. 1553. Confiscation.

Every person who is authorized or enjoined by aw to arrest another person for violation of the irst two sections (Secs. 1551, 1552] of this article [Secs. 1551–1556], is equally authorized and enjoined to seize any false weights or measures found n the possession of the person so arrested, and to leliver the same to the magistrate before whom the

888243—51-52

person so arrested is required to be taken. [1877; sast amended 1910.] Sec. 1554. Testing seized weights and measures; disposition.

The magistrate to whom any weight or measure is delivered, pursuant to the last section (Sec. 1553], shall, upon the examination of the accused, or if the examination is delayed or prevented, without awaiting such examination, cause the same to be tested by comparison with standards conformable to law; and if he finds it to be false, he shall cause it to be destroyed, or to be delivered to the county attorney of the county in which the accused is liable to indictment or trial, as the interests of justice in his judgment require. [1877; last amended 1910.) Sec. 1555. Destruction after conviction of owner.

Upon the conviction of the accused, such county attorney shall cause any weight or measure in respect whereof the accused stands convicted, and which remains in the possession or under the control of such county attorney, to be destroyed. (1877; last amended 1910.) Sec. 1556. Labeling; penalty.

Every person who knowingly marks or stamps false or short weight, or false tare on any cask or package or knowingly sells or offers for sale any cask or package so marked is guilty of a misdemeanor. [1877; last amended 1910.]

1 See Title 21, Sec. 10, this page; punishment for misdemeanor. Statutes Annotated, Title 21, Ch. 61-False Adver.

tising Sec. 1502. Unlawful acts; penalty.

Any person, firm, corporation or association who, with intent to sell or in anywise dispose of merchandise, securities, service or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, makes, publishes, disseminates, circulates or places before the public, or causes directly or indirectly to be made, published, disseminated, circulated or placed before the public in this State, in a newspaper or publication or in form of a book, notice, handbill, poster, bill, circular, pamphlet or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading, shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than $10.00 nor more than $50.00 or by imprisonment in the county jail not exceeding twenty (20) days, or both such fine and imprisonment. [1919

Compiled Laws Annotated, Vol. 5, Title 76, Ch. 1-
Weights and Measures, Sealers

Page Sec. 76-101 State sealer: Possession of state seal; when used

817 76–103 Deputy state sealer: General duties.. 817 76_105 Same:' Testing and sealing municipal standards

817 76-106 Same: Specific duties

817 76_113 State sealer and deputies: Duty to inspect

annually; sealing; condemnation and
confiscation

817

Compiled Laws Annotated, Vol. 5, Title 76, Ch. la

Weights and Measures, Regulation and Administra

tion Sec. 76–1a01 Definitions

818 76_1a02 State standards: Custody; procurement; certification

818 76_1a03 Office standards; working standards; testing; exceptions

818 76_1a04 Deputy state sealer: Appointment; duties 818 76-1a06 Sale of commodities: General requirements

819 76-1907 Livestock scales: State weighers and deputies; weight certificate; fees

819 76-1a08 Commercial weights and measures: When condemned

819 76-1a09 Approaches and overhead clearance of scales; proviso

819 76-lalo Agricultural products: Weighing and

measuring; certificate of weight; fees -- 819 76-lall Disposition of fees

820 76–1a12 Courts with jurisdiction; penalties for violations of chapter

--- 820

Pago Sec. 76–314b Same: Standard weights of containers required

822 76-314c Same: Containers, standard weight of_---- 822 76–314d Same: Use of other than standard sack or container unlawful; exceptions

822 76-314e Same: Penalty for violations

822 76-319 Potatoes: Standard required

822 76-320 Same: Pounds in sack

822 76-321 Mill feed to be sold by weight

822 76-322 Hops: Standard measure; offenses; exception

822 76-323 Same: Tare; weight of baling cloth. 823 76-324 Same: Additional tare in certain cases. 829 76–325 Farm or range produce: No tare allowed; exception

823 76-326 Packaged goods: Label; tolerances; exceptions

823 76–327 Selling less than quantity represented.. 823 76-328 Certificate of weight; offense..

823 76–329 Same: False statements; offense

823 76–330 False weight or measure, offense

823 76-332 Impersonation of sealers of weights and measures; offense

823 76-333 Interference with officers; offense

823 76–334 General penalty

823 Compiled Laws Annotated, Vol. 5, Title 76, Ch. 3a—

Weights and Measures, Licensing of Scales Sec. 76_3a01 Definitions

824 76–3a02 License required; exception

824 76–3a03 Application for license; fees

824 76–3a04 Tags for licensed scales; revocation of li

824 76_3a05 Enforcement; rules and regulations 824 76-3a06 Penalties for violations; courts of jurisdiction

824 76_3a07 Disposition of fees

824 Compiled Laws Annotated, Vol. 5, Title 76, Ch. 4

Weights and Measures, General Provisions Sec. 76_401 Enforcing agency

824 76_402 Courts of jurisdiction

824 76-403 District attorney to prosecute

824 76_404 Definitions

825 76_405 Possession as evidence

825

cense

Compiled Laws Annotated, Vol. 5, Title 76, Ch. 2—

Weights and Measures, Tolerances and Specifications Sec. 76-201 Deputy state sealer to prescribe ----- 820

76-202 Condemnation for repairs; confiscation 820 76-203 Out of balance scale: Unlawful to use 820 76-204 Sealing of weights and measures; exceptions --

820 76-205 Municipal ordinances relating to weights

and measures; conformity to state statutes 820 76-206 Authority of state sealer and deputy state

sealer in municipalities; special sealers 820 76-208 Penalties for violations

821

Compiled Laws Annotated, Vol. 3, Title 23, Ch. 5,

Art. 4-Metallic Commodities Sec. 23-554 Misbranding or misrepresenting any metallic commodity; penalty

825

Compiled Laws Annotated, Vol. 5, Title 76, Ch. 3—

Weights and Measures, Standards Sec. 76-302 Use of dry measures prohibited; exceptions

821 76-303 Sale of dry commodity by liquid measure prohibited

821 76–304 Sale of firewood, coal, and ice_

821 76-305 Standard cord of wood

821 76-305a Standard sawdust unit

821 76-306 Standard ton of coal; long ton.

821 76-307 Net weight of coal at destination governs; exception

821 76-308 Fuel tanks to indicate true capacity when marked

821 76-309 Sale of oysters

821 76-310 Cranberries: Standard barrel

821 76-311 Same: Packing for sale

821 76-312 Same: Sale by dry measure authorized 822 76-313 Same: Containers and cartons; label

822 76-314a Flour: Definitions of

822

Compiled Laws Annotated, Vol. 3, Title 24, Ch. 6, Art.

14"Uniform Narcotic Drug Act" Sec. 24-610 Marking requirements

825 24-619 Enforcement

825 24-621 Penalty for violations

825 Compiled Laws Annotated, Vol. 4, Title 29, Ch. 1

Department of Agriculture, Rules and Regulations Sec. 29-118 Rules and regulations; effect of violation 825 Compiled Laws Annotated, Vol. 4, Title 29, Ch. 1

Agricultural Products, Establishment of Standards

for Containers Sec. 29_127 Authority to fix standards...

825 29_133 Adoption of United States standards. 826 29-138 Use of container not conforming to standards; penalty

826 Page Sec. 36-515 Enforcement of statute

831 36-517 Penalties for violations; courts of jurisdiction; procedure

831 Compiled Laws Annotated, Vol. 4, Title 36, Ch. 8–

Medicinal Stock Foods Sec. 36-801 Definition

831 36-802 Marking requirements

831 36-806 Penalties for violations

831 36-808 Courts of jurisdiction; prosecution 831 Compiled Laws Annotated, Vol. 4, Title 36, Ch. 9–

Onions, Establishment of Standard Containers Sec. 36–901 Authority to establish standards..

832 36-910 Penalties for violations

832

Compiled Laws Annotated, Vol. 4, Title 32, Ch. 20a—
Livestock Auction Markets

Pago Sec. 32-20a01 Definitions; enforcement; rules and regulations; exemptions

826 32-2004 License required

826 32–20a07 Operator's bond

826 32–20a15 Weighing to be done by licensed weigh

masters; scale tickets, weighers' licenses;
issuance; fees; disposition

826 32–20a18 Penalties for violations

827 32–20a19 Jurisdiction

827 Compiled Laws Annotated, Vol. 4, Title 32, Ch. 25–

Honey, Establishment of Standards for Containers Sec. 32-2510 Authority to establish standards

827 32-2512 Penalty for violations

827 Compiled Laws Annotated, Vol. 4, Title 34, Ch. 3—

Milk and Cream Sec. 34-302 Babcock test: Use of standard glassware and scales

827 34–309 Same: Penalty for violations

827 34-310 Same: Record and tests

827 34-311 Milk products plants: Definitions

827 34-314 Same: Licensed tester; fraudulent manipulation

828 34_318 Same: Presence of seller at tests

828 34-319 Same: Inaccurate weighing or testing; damages; attorney's fees

828 34-320 Same: Revocation of license

828 34-322 Same: Testing, weighing and sampling by

department in lieu of revocation of li.
cense

828 34-324 Same: Penalties for violations

828

Compiled Laws Annotated, Vol. 4, Title 36, Ch. 10%

Insecticides and Fungicides Sec. 36-1001 Definitions

832 36_1002 Marking requirements

832 36-1004 Enforcement; rules and regulations; seizure and disposal of product.

832 36-1005 Exemptions

832 36-1006 Penalties for violations

833

Compiled Laws Annotated, Vol. 4, Title 36, Ch. 15—

Department of Agriculture, Seizure and Disposal of

Unlawful Products Sec. 36–1501 Procedure 36_1502 Removing or defacing seizure or embargo

notice unlawful; violation of act; pun. ishment

833

Compiled Laws Annotated, Vol. 4, Title 48, Ch. 1

Bread Sec. 48-108 Enforcement agency; rules and regulations 834 48_111 Standard weights; tolerances; definitions; exceptions

834 48-112 Standard pans used for baking-

834 48-114 Penalties for violations

834

835

ture

Compiled Laws Annotated, Vol. 4, Title 34, Ch. 6, Art.

1-Butter Sec. 34-603 Marking requirements

828 34-608 Shortweight sale prohibited; label - 828 Compiled Laws Annotated, Vol. 4, Title 36, Ch. 2

Horticultural Products, Labeling Sec. 36–203 Definitions

829 36-204 Net contents to be marked..

829 36-205 Rules and regulations; deceptive pack unlawful

829 36-208 Possession of unlabeled, falsely labeled or

deceptively packed products; misde-
meanor; prima facie evidence; exception

of transportation by common carrier 829 36-209 Enforcement; right of entry; seizure.. 829 36-210 Penalty for violations

830 Compiled Laws Annotated, Vol. 4, Title 36, Ch. 3, Secs. 36–301 to 36–322—Eggs.

830 Compiled Laws Annotated, Vol. 4, Title 36, Ch. 4

Commercial Feeding Stuffs Sec. 36-402 Definition

830 36_403 Marking requirements

830 36_411 Penalty for violations

830 36_414 Enforcement; rules and regulations 830 Compiled Laws Annotated, Vol. 4, Title 36, Ch. 5–

Commercial Fertilizer, Lime, and Agricultural Min

erals Sec. 36-501 Commercial fertilizer: Definitions

830 36–502 Same: Marking requirements

830 36-503 Lime: Marking requirements

831 36-504 Agricultural minerals: Marking requirements

831

Compiled Laws Annotated, Vol. 4, Title 60, Ch. 3–

Grain Warehouses Sec. 60-301 Definitions

834 60_302 Supervision

834 60–304 Malfeasance or misfeasance; penalty 60–305 Inspection points; fees to cover expendi

835 60-307 Rules and regulations

835 60–309 Fees; lien

835 60-310 Department to control weighing; cer.

tificate of weight; conclusive evidence;
appeal

835 60-311 Removal of weigher

836 60_313 All grain and hay received to be weighed; exception; fee

836 60_328 Penalty for issuing false receipt

836 60-333 State weighers: Qualifications; bond; fees; rules and regulations

836 60-334 Extraordinary fees

836 60-335 Failure to weigh; shipper's weight conclu. sive

836 60–336 Offenses; penalty

837 60_337 Disposition of fees

837

Compiled Laws Annotated, Vol. 6, Title 99, Ch. 22,

Art. 2—"Oregon Food Act"
Sec. 99-2219 Definitions

99-2220 Prohibited acts
99-2221 Injunction against violations
99-2223 Disposal of misbranded article

837 837 838 838

Compiled Laws Annotated, Vol. 6, Title 99, Ch. 22,
Art. 2—"Oregon Food Act”—Continued.

Page Sec. 99-2225 Notice or warning of minor violations 838 99-2228 When food deemed misbranded

838 99-2231 Food in transit; exemption from labeling requirements

838 99-2232 Advertisement: When deemed false

838 99-2233 Rules and regulations; conformity with federal regulations

838 99-2236 Penalties for violations; jurisdiction of courts

838

Compiled Laws Annotated, Vol. 8, Title 113, Ch. 4
Railroad Track Scales

Pago Sec. 113_409 Under jurisdiction of public utilities com

missioner; testing; sealing; use of in
adjoining states; fees

839 113_410 Tampering with; penalty

840 113-411 Equipment for testing; free transportation; inspectors

840 Compiled Laws Annotated, Vol. 3, Title 23, Ch. 14

Misdemeanors Sec. 23-1401 Punishment where penalty is not prescribed

840

Compiled Laws Annotated, Vol. 8, Title 112, Ch. 4,

Art. 1—Public Utilities Sec. 112-422 Rules and regulations: Meters and appliances; testing

839 112-423 Testing and inspection of appliances; fees 112_424 Right of entry for inspection

839

Compiled Laws Annotated, Vol. 3, Title 23, Ch. 13—

False Advertising Sec. 23-1303 Unlawful acts

23-1304 Penalty for violations

840 840

Compiled Laws Annotated, Vol. 5, Title 76, Ch. 1

Weights and Measures, Sealers. Sec. 76-101. State sealer: Possession of state seal; when used.

The director of agriculture of the state shall be the sealer of weights and measures, and he shall have and keep a seal, which shall be so formed as to impress the word “Oregon” upon the weights and measures, scales and beams, to be sealed by him. With this seal he shall seal all such authorized public standards of weights and measures, and all the weights and measures, scales and beams, used by him, or his deputies, for testing the accuracy of weights and measures, and measuring devices, used in trade, when examined by said director of agriculture and found to be in conformity with the standard weights and measures, scales and beams, aforesaid. [1854; last amended 1949.] Sec. 76–103. Deputy state sealer: General duties.

It will be the duty of the deputy state sealer of weights and measures to exercise general supervisory control over the inspection of weights and measures in use throughout the state, and to investigate all trades and trade customs or practices of every description which have a tendency in his judgment towards dishonesty in the use of weights and measures or in the buying or selling of any commodity by weight or measure. [1913] Sec. 76–105. Same: Testing and sealing municipal standards.

It shall be the duty of the deputy state sealer of weights and measures to try, prove and seal with an appropriate seal designated by him all proper standards sent to him by the properly authorized sealer of any municipality or town within the state. [1913; last amended 1939.) Sec. 76–106. Same: Specific duties.

Under the direction of the state director of agriculture, as state sealer, the deputy state sealer hall have and keep general supervisory control over inspection of weights and measures. and

weighing and measuring devices, offered for sale, sold, or in use in the state. He, or his deputies at his direction, shall, at least once annually, test the scales, weights and measures used in checking the receipts or disbursements of supplies in every state institution for the maintenance of which moneys are appropriated by the legislature, and he shall report in writing his findings to the state board of control and to the executive officer of the institution concerned. He shall, at the request of such state board of control or executive officer of any state institution, appoint, in writing, an employe then in the actual service of such institution, who shall, without receiving additional compensation, act as special deputy for the purpose of checking the receipts and disbursements of supplies. (1915; last amended 1949.] Sec. 76–113. State sealer and deputies: Duty to inspect annually; sealing; condemnation and confiscation.

It shall be the duty of the sealer of weights and measures, or of his deputies, to visit at least once in each year every place of business where any scale, weight or measure, or any device for ascertaining the quantity of any commodity, is kept for the purpose of trade, and try, test and prove such scale, weight or measure, or such device for ascertaining the quantity of any commodity, and where they are found to be accurate shall seal the same with the seal to be kept by him for that purpose, and when found to be inaccurate shall condemn the same and mark with a tag forbidding the further use thereof until made to comply with the state standards; provided, that where, in the judgment of the sealer of weights and measures, or of his deputies, such scale, weight or measure, or device for ascertaining the quantity of any commodity, is needed for use as evidence in the trial of any case, he, or his deputies, shall take the same into his possession there to await a decision of a competent court of justice, who shall, in addition to any other penalty provided by law, order the destruction

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