Compiled Laws Annotated, Vol. 5, Title 76, Ch. 1— Weights and Measures, Sealers-Continued. thereof where it appears that the same was used with intent to defraud or is incapable of repair or correct adjustment. [1913; last amended 1949.] Compiled Laws Annotated, Vol. 5, Title 76, Ch. 1a— Weights and Measures, Regulation and Administration-Continued.

Sec. 76-1a01. Definitions.

For the purposes of this act [Secs. 76-1a01-76la12], the following terms are defined as follows: "Department," the department of agriculture of the state of Oregon.

"Director," the director of agriculture of the state of Oregon.

"State sealer," the director of agriculture.

"Sell" or "sale" includes barter and exchange. "Weights," "measures" or "weighing or measuring devices" include all weights, scales, beams and measures of every kind, instruments and mechanical devices for the weighing or measuring and any appliances or accessories connected with any or all such instruments when used in trade, held in stock as merchandise, offered for sale or sold.

"Person" includes individuals, firms, corporations or associations.

"State weigher," a person duly appointed and qualified for that position as provided in this act.

"In package form" includes a commodity in a package, carton, case, can, box, barrel, bottle, phial or other receptacle or in coverings or wrappings of any kind put up by the manufacturer or when put up prior to the sale of the commodity by the vendor, branded or stenciled or otherwise marked, or which may be suitable for labeling, branding or stenciling or otherwise marking, making one complete package of the commodity, and shall include both the wholesale and retail package.

"Original package" includes any article in package form put up by the manufacturer or vendor in advance of actual sale.

"Commodity" includes any article in trade or commerce as a parcel or quantity of goods.

"Commodities not liquid" includes goods, wares and merchandise which are nonliquid in form and which are susceptible of being sold by measure of length, by weight, by measure of capacity or numerical count.

"Livestock scales" is a scales [sic] of not less than 6,000 pounds capacity.

"National bureau of standards" is the national bureau of standards of the department of commerce of the United States. [1941]

Sec. 76-1a02. State standards: Custody; procurement; certification.

The weights and measures, together with scales and beams, now on deposit with the department of

agriculture and those made in conformity therewith and deposited with the department for that purpose shall be preserved by the state sealer as the state standards of weights and measures. All state standards shall conform to those received from the United States under joint resolution of congress, approved June 14, 1836, and July 17, 1866, or such as are certified to be correct by the national bureau of standards. It shall be the duty of the state sealer, when funds are available for that purpose, to procure from time to time such standards and other equipment as may be necessary for the proper administration of the weights and measures laws of this state and to have such state standards as he deems necessary certified as correct once in 10 years by the national bureau of standards. He shall keep a complete record of state standards and other weights and measures apparatus owned by the state and deliver the same over to his successor in office and take a receipt therefor. [1854; last amended 1941.]

Sec. 76–1a03. Office standards; working standards; testing; exceptions.

In addition to the state standards of weights and measures, there shall be at least one complete set of copies to be kept at all times in the office of the state sealer of weights and measures to be known as office standards, and he shall procure such other copies of weights, measures and apparatus as may be found necessary to carry out the provisions of this act [Secs. 76-1a01-76-1a12] to be known as working standards. Such weights, measures and apparatus shall be verified by the state sealer or his deputy at his direction upon their initial receipt and at least once during each year thereafter the office standards by direct comparison with the state standards, the working standards by comparison with the office standards. When found to be accurate upon these tests, the office and working standards shall be sealed by stamping on them the letter "O", and in the case of the working standards, the last two figures of the year with seals which the state sealer shall have and keep for that purpose. The office or working standards shall be used in making all comparisons of weights and measures, weighing or measuring devices submitted for tests and the state standards shall be used only in verifying the office standards and for scientific purposes. This section, in so far as duplicate equipment is concerned, shall not apply to heavy duty equipment such as that used in testing truck scales, calibrating large tanks and other equipment which can not be economically or conveniently purchased and kept in duplicate. [1941]

Sec. 76-1a04. Deputy state sealer: Appointment; duties.

The director, as state sealer, shall appoint a quali fied person from the department as deputy state sealer of weights and measures who shall have general supervision throughout the state and the right to test scales, weights, measures or any device used

to ascertain the quantity of any commodity or the giving of full weight or measure in trade. The deputy state sealer shall be under the division chief designated by the director. [1913; last amended 1941.]

Sec. 76-1a06. Sale of commodities: General requirements.

It shall be unlawful to sell, except for immediate consumption on the premises, liquid commodities in any other manner than by weight or liquid measure, or commodities not liquid in any other manner than by measure of length, by weight or by numerical count; provided, however, that nothing in this section shall be construed to prevent the sale of fruits, vegetables and other products in standard containers, the dimensions of which are established by any law of this state, or rules and regulations of the department, or to apply to foodstuffs put up in original packages or package form and handled, offered for sale or sold in interstate commerce. [1941]

Sec. 76-1a07. Livestock scales: State weighers and deputies; weight certificate; fees.

All scales for weighing livestock shall be maintained in first-class condition and all such scales used at a public terminal or freight-loading station or a livestock salesyard, except railroad track scales, shall be operated by a state weigher or his deputy, who shall be appointed and licensed by the state sealer, but who shall be employed by the owner or operator of any such scales. At the discretion of the state sealer, one or more deputy state weighers may be appointed, licensed and qualified for any such scale. Application for appointment and license as a state weigher or deputy shall be made to the department on forms provided by the department. If the state sealer is satisfied that the person applying for the position of state weigher or deputy is qualified and competent to act in that capacity, he shall appoint and license such person as a state weigher or deputy upon the payment of a fee of two dollars ($2) who shall hold office at the pleasure of the state sealer. At all stockyards except those operated under the packers and stockyards act of 1921, a state weigher or his deputy shall make a record of all weights taken by him over any such scales on such forms and in the manner as required by the state sealer. A state weigher or his deputy is authorized to issue certificates of weights for livestock, and one copy of such record shall be furnished upon request to each seller and buyer in any such transaction, and one copy shall be sent forthwith to the state sealer at the department in Salem and one copy shall be retained by the state weigher for one year. All fees for the operation of the scales shall be fixed by the owner or operator and may be retained by him as compensation for the services performed. Forms for weight certificates shall be furnished

through the department of agriculture at a minimum price. [1941]

Sec. 76-1a08. Commercial weights and measures: When condemned.

Scales, weighing or measuring devices may be condemned for repairs when used in trade or commerce if installed or operated contrary to law or the rules and regulations of the department. [1941]

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

Scales installed for the purpose of weighing drafts of 3,000 or more pounds, except railroad track scales, shall be located so that an approach can be made to one end of the weighbridge and platform by truck on a plane even with the surface of the road or street a distance of 40 feet and shall have an overhead clearance of not less than 10 feet; provided, that for self-contained scales of 600 to 3,000 pounds' capacity located in warehouses or similar locations, the approaches to the platform shall be level to the floor or a ramp approach shall be provided at least equal to the width of the platform and which shall not exceed 10 per cent of its length in elevation; provided further, that scales for the purpose of weighing livestock on the hoof shall be located so that an approach can be made by truck to at least one end of the weighbridge and platform on a plane even with the surface of the road or street of at least a distance of 40 feet and that the overhead clearance shall be not less than 10 feet. The stock cage shall be built on the platform or live part of the scale. Livestock scales located at slaughterhouses, loading or salesyards shall be provided with approaches from the main road or street by a width of not less than 10 feet, as set forth above, and with gate clearance overhead of not less than 10 feet. Bridges and culverts, where necessary, within such approaches shall be built and maintained to permit a 12-ton load to pass safely over them. It is provided further that the provisions of this section shall apply to all new installations at the time this act [Secs. 76-1a01-76-1a12] becomes effective, but scales installed and in use prior to the effective date of this act must meet all the requirements as herein provided not later than January 10, 1943. [1941]

Sec. 76-1a10. Agricultural products: Weighing and measuring; certificate of weight; fees.

The state sealer or his deputies may, upon their own initiative or upon the request of any person, weigh, count or measure any agricultural product or commodity for the purpose of certifying as to the correct weights, measures or count of the same for storage or transportation or for record in case of loss or litigation, and issue a certificate of weight, measure or count, which certificate, when issued, shall be in triplicate; the original copy of such certificate shall be delivered or mailed to the interested person

Compiled Laws Annotated, Vol. 5, Title 76, Ch. 1a— Weights and Measures, Regulation and Administration-Continued.

making the request for such service and one copy shall be filed in the department with the state sealer and one copy retained by the sealer issuing it for a period of one year. In all such certificates sufficient identification shall be recorded of any commodity upon which a certificate of weight or measure or count is issued. Fees for such service sufficient to cover the cost thereof shall be fixed by the state sealer and shall be paid to the department by the person requesting such service. [1941; last amended 1949.1

Sec. 76-1a11. Disposition of fees.

All fees and other moneys received by the department under this act [Secs. 76-1a01-76-1a12] shall be paid over to the state treasurer and by him deposited in the department of agriculture account to be used for the enforcement of this act. [1941] Sec. 76-1a12. Courts with jurisdiction; penalties for violations of chapter.

Justice courts and districts courts shall have concurrent jurisdiction with the circuit courts for the enforcement of this act [Secs. 76-1a01-76-1a12] and any person who shall violate any of the provisions of this act shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed two hundred and fifty dollars ($250), or imprisonment in the county jail not to exceed six months, or by both such fine and imprisonment. [1941]

Compiled Laws Annotated, Vol 5, Title 76, Ch. 2— Weights and Measures, Tolerances and Specifica

tions.

Sec. 76–201. Deputy state sealer to prescribe.

The deputy state sealer shall prescribe such tolerances and specifications for weights or measures as he may, in his judgment, deem necessary for the proper protection of the public, and it shall be unlawful for any person to offer or expose for sale, sell or use such weights or measures for commercial purposes, as are made contrary to such specifications or that do not come within the prescribed tolerance; provided, however, that such tolerances and specifications as he may prescribe shall conform to any statute of the state relating to same, or to such as have been recommended by the national bureau of standards. Such tolerances and specifications, when prescribed, shall be followed in making all inspections and tests throughout the state. A weight or measure defined as correct shall be understood and construed to mean only such one as conforms to the "standard" within the tolerance prescribed and which complies with such specifications as are applicable to it; all other weights or measures shall be

understood and construed to be incorrect, and in violation of law. [1915]

Sec. 76-202. Condemnation for repairs; confiscation.

Such weights or measures as are incorrect and yet may be repaired shall be marked or tagged as "condemned for repairs," and the owners or users shall have the same repaired within such time as the deputy state sealer or his deputies may require, and any weight or measure or weighing or measuring device that has not been repaired within the required time may be confiscated, and such weight or measure as is, in his best judgment, not susceptible to satisfactory adjustment or repair may be taken into his possession, and shall be held for a period of 30 days next ensuing, at the expiration of which time, if no action at law or suit in equity has been brought for the recovery of the same, it may be destroyed. [1915; last amended 1949.]

Sec. 76–203. Out of balance scale: Unlawful to use.

It shall be unlawful for any person to have in his possession, maintain for use or use any scale for commercial purposes, which is out of balance. [1915] Sec. 76–204. Sealing of weights and measures; exceptions.

It shall be the duty of the sealer or his deputies to seal all such weights and measures and weighing and measuring devices as are found correct, after test, with an appropriate seal, the design for which shall be furnished by the deputy state sealer; provided, however, that weights used in connection with scales, graduates, milk bottles and similar glass measures need not be sealed. [1915; last amended 1949.] Sec. 76–205. Municipal ordinances relating to weights and measures; conformity to state statutes.

None of the provisions of title 76 [Secs. 76–101– 76-405] shall be construed as in any way limiting the right of any city regularly incorporated within the state from enforcing any ordinance or ordinances which it may have heretofore or may hereafter enact relating to weights and measures; provided, however, that such ordinance shall not establish standards of weight or measure in relation to the sale of commodities other than such as will conform to those adopted by the state; and be it further provided, that such specifications, tolerances and regulations appertaining to the testing, sealing, condemning or confiscation of weights, measures or weighing or measuring devices established or adopted by the state shall be followed by such city in making inspections and tests. [1915; last amended 1939.]

Sec. 76–206. Authority of state sealer and deputy state sealer in municipalities; special sealers.

The state sealer and the deputy state sealer of weights and measures shall have such authority as is authorized and conferred upon them within the limits of such city, and the state sealer hereby is au

thorized, at his discretion, to appoint as special sealers, the person or persons who may, for the time being, hold the position of city sealer or deputy city sealer, within such city, to enforce the provisions of title 76 [Secs. 76-101-76-405] within the limits of such city, and such person or persons so appointed shall receive no additional compensation therefor. [1915; last amended 1939.]

Sec. 76-208. Penalties for violations.

Any person, firm, corporation or association who or which violates any of the provisions of sections 76-201 to 76-207, inclusive, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $5 nor more than $500 or, in the case of persons, by imprisonment in the county jail for not less than five nor more than 90 days, or by both such fine and imprisonment. [1915; last amended 1939.]

Compiled Laws Annotated, Vol. 5, Title 76, Ch. 3— Weights and Measures, Standards.

Sec. 76-302. Use of dry measures prohibited; exceptions.

From and after the passage and adoption of this act [Secs. 76-302–76–304], it shall be unlawful to use or employ any dry capacity measure as a means to determine the amounts or quantities of commodities offered or exposed for sale or sold.

All commodities heretofore commonly sold by dry measure shall, from and after the taking effect of this act, be sold upon the basis of net weight or by numerical count.

Dry capacity measures, within the meaning of this section, shall be construed to be the bushel, halfbushel, peck, half-peck, quarter-peck, quart, pint, half-pint and similar measures.

Boxes, baskets and similar containers, the capacities of which have been established by law, shall not be construed as being dry capacity measures.

Any and all existing contracts in which quantities are estimated or arrived at by dry capacity measure or from the bushel weights as at present established by law shall be in force until matured; provided, however, that all contracts made after the taking effect of this act shall establish the amounts or quantities of commodities contracted for therein by net weight or numerical count. [1915]

Sec. 76–303. Sale of dry commodity by liquid measure prohibited.

It shall be unlawful to offer or expose for sale or sell any dry commodity by liquid measure. [1915] Sec. 76-304. Sale of firewood, coal, and ice.

Firewood shall be sold by the cord or fraction of a cord; coal shall be sold by the ton or fraction of a ton; ice shall be sold by weight, and in all sales of firewood, coal or ice a definite statement shall be made to the purchaser as to the amounts or quantities thereof. [1915]

Sec. 76-305. Standard cord of wood.

The standard of a cord of wood within the state shall be one hundred and twenty-eight cubic feet of wood, well piled. [1913]

Sec. 76-305a. Standard sawdust unit.

The standard of a unit of sawdust within the state shall be 200 cubic feet. [1943]

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

The standard for a ton of coal, within this state, shall be two thousand (2,000) pounds, avoirdupois weight, unless the so-called long ton, twenty-two hundred forty (2,240) pounds, is expressly contracted for. [1913]

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

In all shipments of coal received within this state, in carload lots containing twenty-five tons or more, the net weight of the coal at the destination point shall govern, unless expressly contracted for otherwise. [1915]

Sec. 76-308. Fuel tanks to indicate true capacity when marked.

When the capacity of fuel tanks, range boilers or similar receptacles is marked thereon, such mark or marks shall indicate the true capacity. [1915]

Sec. 76-309. Sale of oysters.

It shall be unlawful to offer or expose for sale or sell any shelled oysters, uncooked, in any other manner than by numerical count, weight, or standard liquid measure, and it shall be unlawful to include, as a part of the weight or the measure, any water or liquid in any greater amount than sixteen per cent of the weight or measure of the oysters offered or exposed for sale or sold; within the meaning of this section, to determine the amount of water or liquid included, the oysters shall be well drained. [1915]

Sec. 76-310. Cranberries: Standard barrel.

The standard barrel for cranberries shall be of the following dimensions, when measured without distension of its parts: Length of staves, twenty-eight and one-half inches; diameter of head, sixteen and one-fourth inches; distance between heads, twentyfive and one-fourth inches; circumference of bulge, fifty eight and one-half inches, outside measurement; and the thickness of the staves not greater than fourtenths of an inch. [1917]

Sec. 76–311. Same: Packing for sale.

All cranberries offered for sale shall be packed in a standard cranberry barrel, or a legal subdivision thereof, such as half-barrel, a third barrel, or box which shall have the cubical contents of a halfbarrel, or third barrel. [1917]

Compiled Laws Annotated, Vol. 5, Title 76, Ch. 3— Weights and Measures, Standards—Continued.

Sec. 76–312. Same: Sale by dry measure authorized.

Cranberries, when offered for sale in quantities less than a third-barrel, may be sold by dry measure; that is, by quart, pint, and similar measures. [1917] Sec. 76-313. Same: Containers and cartons; label.

Cranberries may be sold in containers or cartons holding four quarts, two quarts, one quart, or pint, and upon the containers or cartons shall be printed the cubical contents of such containers and cartons. [1917]

Sec. 76-314a. Flour: Definitions of.

When used in this act [Secs. 76-314a-76-314e] unless otherwise required by the context:

1. Wheat flour is defined to consist essentially of finely ground endosperm of wheat.

2. Self-rising flour is defined to mean flour to which has been added a leavening agent.

3. Phosphated wheat flour is defined to mean flour to which has been added monocalcium phosphate.

4. Bromated flour is defined to mean flour to which has been added potassium bromate.

5. Enriched flour is defined as flour to which has been added vitamins or minerals, or both, for the purpose of increasing its nutritional value as human food.

6. Enriched self-rising flour is defined to mean flour to which has been added vitamins or minerals, or both, for the purpose of increasing its nutritional value as human food, and a leavening agent.

7. Enriched bromated flour is defined to mean flour to which has been added vitamins or minerals, or both, and potassium bromate, for the purpose of increasing its nutritional value as human food, and a leavening agent.

[1945]

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

There shall be a standard weight for a barrel, sack or other container of wheat flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, or subdivisions thereof. [1945]

Sec. 76-314c. Same: Containers, standard weight of.

The standard weight of a barrel, sack, or other container of wheat flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, and enriched bromated flour shall be 200 pounds, net weight, avoirdupois. The standard weight of one-half barrel, sack or other container of any of said products shall be 100 pounds, net weight avoirdupois. The standard weight of one-quarter barrel, sack or other container of any of said products shall be 50 pounds, net

weight, avoirdupois. The standard weight of oneeighth barrel, sack, or other container of any of said products shall be 25 pounds, net weight, avoirdupois. Standard weights for lesser quantities of any of said products shall be one, two, five and 10 pounds, net weight, avoirdupois. [1945]

Sec. 76-314d. Same: Use of other than standard sack or container unlawful; exceptions.

It shall be unlawful to expose for sale or sell in the sack, or other container, wheat flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, or enriched bromated flour by the sack or other container in other than the standard sack or other container, except the retailing of flours direct to the consumer from bulk stock, or the sale of flours to commercial bakers or blenders in containers of more than 100 pounds, or for export, or the exchange of wheat for flour by mills grinding for toll. [1945]

Sec. 76-314e. Same: Penalty for violations.

Any person, firm, corporation or association violating any of the provisions of this act [Secs. 76–314a -76-314e] shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars ($100), or 30 days in the county jail, or by both such fine and imprisonment. [1945]

Sec. 76-319. Potatoes: Standard required.

There shall be a standard weight for a sack of potatoes in the state of Oregon. [1913]

Sec. 76-320. Same: Pounds in sack.

In all cases where not otherwise specified by contract, one hundred pounds, inclusive of the weight of the containing bag or sack, shall be the standard weight of a sack of potatoes in the state of Oregon. [1913]

Sec. 76–321. Mill feed to be sold by weight.

All mill feed, including crushed and ground grains, bran and shorts, shall be sold by weight within the state of Oregon. [1915]

Sec. 76-322. Hops: Standard measure; offenses; exception.

The owner, lessee, manager or person in charge of any hop yard where hops are being picked by meas ure, shall cause said hops to be measured by standard measure or measures, and for picking purposes the "standard" hop measure within this state, shall contain 19,440 cubic inches. It shall be unlawful for any owner, lessee, manager or person in charge of any hop yard where hops are being picked by measure to use or employ any other than a "standard" meas ure or measures in ascertaining the quantity picked. Nothing in this section shall be so construed as to prevent any owner, lessee, manager or person in charge of any hop yard from ascertaining by weight,