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commercial fertilizer in the Commonwealth, except the dung of domestic animals, lime, marl, and wood ashes, shall brand or attach to each bag, barrel, or package, in a conspicuous place on the outside thereof, a plainly printed statement giving the following particulars and no others:

(1) The number of pounds of fertilizer contained in the package. [1909; last amended 1933.)

Sec. 65. Enforcement.

It shall be the duty of the Secretary of Agriculture to enforce the provisions of this act (Secs. 61-67],

(1909] Sec. 67. Definition.

The term "commercial fertilizers," as used in this act (Secs. 61–67), shall be construed to mean any and every substance imported, manufactured, prepared, or sold for fertilizing or manuring purposes, except the dung of domestic animals, marl, lime, and wood ashes, and not exempt by the provisions of section one of this act (Sec. 61—as to quality] . [1909; last amended 1933.]

Purdon's Statutes Annotated, Title 3, Ch. 3—Com

mercial Feeding Stuffs—Continued. patented, proprietary or trade mark stock and poultry-foods, possessing nutritive value combined with medicinal properties, and all mixed feeds other than pure grains which are not sold as mixtures bearing distinctive names, but which are sold as pure grains. It shall not include hays, straws, and corn stover, ensilage, whole grains, nor the unmixed meals made directly from the entire grains of wheat, rye, barley, oats, Indian corn, ear corn, Kaffir corn, broom corn, sugar cane, sorghum, rice, buckwheat, and flaxseed, not mixed with other substances, but sold separately as distinct articles of commerce; nor pure grains mixed together, not being mixed with any other substance, nor having distinctive brand or trade names, but sold as mixtures of pure whole grains. The Secretary of Agriculture, by himself or his agents, is fully empowered to take samples of these articles when found, and, if upon analysis, they prove to be adulterated or misbranded, the vender shall be in all respects subject to the penalties hereinafter set forth for the adulteration or misbranding of concentrated commercial feeding-stuffs. [1909; last amended 1933.) Sec. 55. Penalties for violations; enforcement of act.

Each and every manufacturer, importer, agent, person, corporation or firm, selling, offering, or exposing for sale, in this State any concentrated commercial feeding-stuffs, as defined in section two [sec. 52] of this act (Secs. 51–56), without the statement or statements required by section one (sec. 51] of this act,

shall, for every such offense, forfeit and pay the sum of fifty dollars, which shall be recoverable, with costs, includ. ing the cost of analysis, by any person suing in the name of the Commonwealth, as debts of like amount are by law recoverable: Provided, That the Secretary of Agriculture shall, together with his deputies, agents, and assistants, be charged with the enforcement of this act, and may make rules and regulations for the proper enforcement thereof, including rules and regulations setting up definitions and standards for concentrated feedingstuffs, effective ninety days after being promulgated by the Secretary of Agriculture, and shall have free access to all places of business, mills, buildings, carriages, cars, vessels, and packages of whatsoever kind, used in the manufacture, importation or sale of any concentrated commercial feeding-stuffs;

[1909; last amended 1939.] Purdon's Statutes Annotated, Title 3, Ch. 3—Com

mercial Fertilizer. Sec. 61. Marking requirements.

All corporations, associations, partnerships, or persons, before selling or offering for sale any

Purdon's Statutes Annotated, Title 3, Ch. 3—Un

manufactured Horse Manure. Sec. 84. Definition.

Whenever unmanufactured horse manure is fur. nished, sold, or delivered in this Commonwealth, such manure shall be only the natural product as the same is produced by horses in the stable, together with the straw bedding, without the intentional addition of water, any other manure, or any other foreign substance whatsoever. (1935) Sec. 87. Unlawful to increase weight.

Whenever any unmanufactured horse manure is or has been sold by weight, and the price to be paid therefor is to be fixed by weighing the same at any point within this Commonwealth, it is unlawful for any person, copartnership, association, or corporation to deliver for weighing, or to cause or permit to be weighed, any unmanufactured horse manure to which has been added, intentionally, any water, any other manure, or any other substance whatsoever, which increases the weight of such unmanufactured horse manure. [1935]

Sec. 89. Penalties for violations.

Any person, copartnership, association, or corporation who or which by himself or itself, or by his or its agents, servants, or employees, violates any of the provisions of this act (Sec. 84-91] shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand dollars, or in the case of an individual, or the members of a partnership, or or be present in any environment whatsoever. [1917] Sec. 108. When deemed misbranded.

The term "misbranded,” as used herein, shall apply to all insecticides, Paris green, lead arsenates, or fungicides, or articles which enter into the composition of insecticides or fungicides, the package, label, or accompanying descriptive circulars of which shall bear any statement, design, or device regarding such article, or the ingredients or substances contained therein, which shall be false or misleading in any particular; and to all insecticides, Paris greens, lead arsenates, or fungicides, which are falsely branded as to the State, Territory, or country in which they are manufactured or produced.

For the purpose of this act (Secs. 101-110), an article shall be deemed to be misbranded:

In the case of insecticides, Paris green, lead arsenates, and fungicides,

third, if the quantity of the contents be not plainly and correctly marked on the outside of the package, in terms of weight, measure, or numerical count. [1917]

the responsible officers of an association or corporation to undergo imprisonment not exceeding six months, or both. [1935] Sec. 90. Enforcement; right of entry.

It shall be the duty of the Department of Agriculture to enforce the provisions of this act [Secs. 84–91), and in connection therewith, the department, its employees, or agents are authorized to enter any storehouse, warehouse, stable, railroad yard, railroad car, or any other building or place where unmanufactured horse manure is kept, stored, dealt in, or transported for delivery within this Commonwealth. All fines and penalties, collected under the provisions of this act, shall be paid into the general fund in the State Treasury through the Department of Revenue. [1935] Purdon's Statutes Annotated, Title 3, Ch. 3—In

secticides and Fungicides. Sec. 101. Unlawful to sell misbranded article.

It shall be unlawful for any person to manufacture, sell, or offer for sale, within the Commonwealth, any insecticide or fungicide which is adulterated or misbranded, within the meaning of this act (Secs. 101–110]. [1917] Sec. 103. Enforcement.

The Secretary of Agriculture shall promulgate uniform rules and regulations for enforcing this act (Secs. 101-110], including the collection and examination by existing bureaus, of insecticides and fungicides, manufactured or offered for sale in the Commonwealth, for the purpose of determining whether such articles are adulterated or misbranded within the meaning of this act, or if such insecticides or fungicides do not comply with any provision of this act. (1917; last amended 1941.1 Sec. 105. Definitions.

The term "insecticide,” as used in this act [Secs. 101-110), shall include any substance, or mixture of substances, intended to be used for preventing, destroying, repelling, or mitigating any insects which may infest vegetation, man, or animals, or households, or be present in any environment whatsoever. The term “Paris green,” as used in this act, shall include the product sold in commerce as Paris green, and chemically known as the acetearsenite, of copper. The term “lead arsenate," as used in this act, shall include the product or products sold in commerce as lead arsenate, and consisting chemically of products derived from arsenic acide (H2AsO), by replacing one or more hydrogen atoms by lead. That the term "fungicide," as used in this act, shall include any substance, or mixture of substances, intended to be used for preventing, destroying, repelling, or mitigating any and all fungi that may infest vegetation,

Sec. 109. Confiscation.

(a) Any insecticide or fungicide that is condemned as being adulterated or misbranded, within the meaning of this act [Secs. 101-110], or otherwise failing to comply with the provisions of this act, shall be confiscated and disposed of by destruction, or in such other manner as the court may direct. [1917; last amended 1941.]

Sec. 110. Penalties for violations.

Any person who shall violate any of the provisions of this act (Secs. 101-110), or any rule, regulation or order promulgated by the Secretary of Agriculture, pursuant to this act, shall, upon conviction thereof, for a first or second offense in a summary proceeding, be sentenced to pay a fine of not less than twenty-five dollars, nor more than one hundred dollars, and cost of prosecution, and, in default of payment of such fine and costs, an individual, the members of a partnership or the responsible officers or agents of a corporation shall be sentenced to undergo imprisonment for not more than thirty days; and for a third or subsequent offense shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not less than three hundred dollars nor more than six hundred dollars, or in the case of individuals, members of a partnership and the responsible officers and agents of an association or corporation to undergo imprisonment for not to exceed one year, or both such fine and imprisonment, in the discretion of the court. [1917; last amended 1939.]

Purdon's Statutes Annotated, Title 3, Ch. 3—Liming white lead (basic carbonate or basic sulphate), dry Materials.

or in any kind of oil, or any compound intended Sec. 121. Marking requirements.

for the same use, colors ground in oil, paste or All liming materials for agricultural purposes,

semi-paste paint, and liquid or mixed paint ready

for use; and all similar materials used as protecsold, offered, or exposed for sale within this Com. tive coatings, or for painting purposes. (1925) monwealth, shall have attached to it or be accompanied, in the manner provided in section three Sec. 167. Label to show weight or measure. (Sec. 123] hereof, by a plainly printed statement, The label on all liquid or mixed paint shall giving the following information:

show the net measure of the contents of the con

tainer; and on all paste and semi-paste paint sold (e) The net weight, when the material is sold in by weight, the net weight of the contents of the packages. [1915; last amended 1933.]

package; or if sold by measure, the net measure

of such contents. [1925) Sec. 122. Definition.

Sec. 170. Prima facie evidence. For the purpose of this act (Secs. 121-127], the The having in possession of by any person, firm, expression "liming materials for agricultural pur- or corporation dealing therein, of any of the arposes" means any substances containing calcium or ticles hereinbefore described and

described and improperly magnesium, or both, for use as soil amendments marked or not correctly labeled, as provided in or in soil treatment, or as ingredients or reagents this act (Secs. 162–174], shall be considered prima in the preparation of any fungicide or insecticide. facie evidence that the same are kept by such per[1915; last amended 1933.]

son, firm, or corporation in violation of the pro

visions of this act. [1925) Sec. 123. Labeling packages; bulk sales.

The statement required by section one (Sec. 121] Sec. 171. Enforcement. of this act (Secs. 121–127] shall, in the case of goods The Department of Agriculture of the Comsold in package, be plainly printed upon the

monwealth is hereby charged with the enforcement package, or upon a tag or label fastened thereto,

of the provisions of this act (Secs. 162-174). of such quality and in such manner that it shall [1925) not be detached in handling, and, in the case of goods sold in bulk, the said statement shall be de- Sec. 173. Penalties for violations. livered to the purchaser either with the invoice

Any person, firm, or corporation, or violator of therefor or with the goods. [1915]

any of the provisions of this act (Secs. 162–174], or Sec. 126. Penalties for violations; enforcement of act.

assisting or taking part in the violation of of

any

said provisions, shall be guilty of a misdemeanor, Any person or persons selling, offering, or ex

and upon conviction thereof shall be punished for posing for sale any of the materials covered by

each offense by a fine of not less than twenty-five section one (Sec. 121] or brand of the same, un

dollars

than hundred dollars less accompanied by the statement required by section one (Sec. 121] of this act (Secs. 121-127],

[1925) or, when so accompanied, if the said statements shall be false in any particular, or without having

Purdon's Statutes Annotated, Title 31, Ch. 9—Grapes complied with all the foregoing provisions of this

Potatoes, Apples and Peaches. act, shall be guilty of a misdemeanor, and, on con- Sec. 371. Definitions. viction, shall be sentenced to ay a fine of not less

The term "closed package,” wherever used i than ten nor more than fifty dollars for the first offense, and not less than one hundred dollars for

this act [Secs. 371–376], shall mean a basket, bos

bag, or other container the contents of whic each subsequent offense. It shall be the duty of the Secretary of Agriculture to enforce the provisions

cannot be adequately inspected without opening i

The terms "shipment" or "ship for sale," whereve of this act, and all penalties, costs, and fines re- used in this act, shall mean movement to marke covered shall be paid to him or his duly authorized

in a railroad car, motor truck, or other medium ( agent, and by him shall be immediately paid into

transportation, but shall not be construed to il the State Treasury, for the use of the Commonwealth.

clude process of delivery to a local warehouse [1915; last amended 1933.]

shipping station. [1931; last amended 1943.) Purdon's Statutes Annotated, Title 3, Ch. 3—Paint.

Sec. 373. Marking requirements. Sec. 162. Definition.

Grapes, potatoes, apples and peaches in close The term “paint," as used in this act (Secs. 162– packages, if not definitely marked as "unclassifier 174), shall include oxide of zinc, red lead, and as hereinbefore provided, shall be marked in

nor

more

one

plain and conspicuous manner with a statement of Purdon's Statutes Annotated, Title 31, Ch. 13—Milk (1) the grade, (2) the contents in cubic measure or and Cream. weight, (3) the name and address of the person or association under whose authority the grapes,

Sec. 700j—607. Babcock test: Fraudulent manipulation, etc.;

quantities for test; standard glassware and weights to be potatoes, apples or peaches are packed.

used. In case the marking is changed the person mak- It shall be unlawful for any milk dealer or ing the same shall cancel the name and address other person engaged or employed in the business included in the original marking and substitute of buying or receiving milk from producers, or therefor his own name and address. [1931; last selling or delivering milk to stores or consumers, amended 1943.]

on the basis of, or with reference to, the amount

or percentage of butterfat contained therein, to Sec. 374. Misrepresentations in sale; prima facie evidence.

take, collect or use for testing purposes an unfair (a) No person shall sell, expose for sale, or trans- or inaccurate sample, or to underread, overread or port for sale, grapes, potatoes, apples or peaches erroneously manipulate the "Babcock Test" used in closed packages if the package containing them, for determining the amount or percentage of butthe label on them, or any advertising accompanying

terfat in such milk, or to falsify the record thereof, them, shall bear any statement, design, or device or to make the “Babcock” reading, except when the regarding the grapes, potatoes, apples or peaches,

fat has a temperature of one hundred thirty-five which shall be false or misleading in any particu- degrees (1359) to one hundred forty-five degrees lar.

(1459) Fahrenheit, or to use for such test quantities other than seventeen and six-tenths (17.6) cubic

centimeters, in the case of milk, and nine (9) grams (c) When grapes, potatoes, apples or peaches in or eighteen (18) grams in the case of cream. In closed packages are delivered to a common carrier all tests of cream the cream shall be weighed and for shipment such delivery shall be presumptive not measured into the test bottle. evidence that the grapes, potatoes, apples or peaches It shall also be unlawful for such milk dealer are intended for sale. (1931; last amended 1943.) or other person, so engaged or employed, to ascer

tain the "Babcock Test" of the milk by use of any Sec. 375. Penalties for violations.

glassware except standard "Babcock Test" glassAny person who violates any of the provisions ware and weights which have been previously inof this act (Secs. 371-3761 shall, upon summary

spected and approved by the Department of Inconviction thereof, for the first offense be sentenced

ternal Affairs. If the amount of percentage of butto pay a fine of not less than twenty-five dollars

terfat is determined by any method other than the nor more than fifty dollars and the costs of prose

“Babcock Test," no utensil or instrument shall be cution, and for subsequent offenses be sentenced

used in such determination until it has been into pay a fine of not less than one hundred dollars spected and approved by the commission (milk nor more than five hundred dollars and the costs

control commission). [1937] of prosecution, or in default of such fine and costs,

Sec. 7002—608. Payment on basis of weight, measure or butterbe imprisoned in the county jail for not less than fat; statement; unlawful acts. ten days nor more than thirty days. All penalties,

Milk dealers shall determine weight, measure and costs, and fines collected under this act shall be

butterfat content of milk as provided in this act paid to the Secretary of Agriculture of the De

[700—101—700—1302], or in rules, regulations partment of Agriculture of this Commonwealth, or

or orders of the commission (milk control comhis agent, and by him shall be paid into the State

mission] pertaining thereto and consistent with Treasury for the of the Commonwealth.

this act. Payment for milk shall be made either [1931; last amended 1943.]

upon the basis of weight, measure or butterfat Sec. 376. Enforcement; right of entry.

content, or any combination thereof, as the rules,

regulations or orders of the commission may reThe enforcement of this act Secs. 371-3761 quire. shall be vested in the State Department of Agri- Milk dealers buying or receiving milk from culture, and its officers, employes and agents are producers shall furnish to each producer or his authorized to enter upon the premises of any per- agent a written statement showing the amount of son within this State for the purpose of purchasing milk delivered daily during the period for which packages of grapes, potatoes, apples or peaches and payment is made, and, unless the commission othersecuring evidence of violation of this act; and the wise provides, the average butterfat test of the Secretary of Agriculture of this Commonwealth is milk delivered for such period. Such statement hereby authorized to make such rules and regula- shall set forth such information as may be required tions as may be necessary for enforcing its provi. by the commission, shall be furnished periodically, sions. 11931; last amended 1943.)

at the time of payment prescribed by the com

use

Purdon's Statutes Annotated, Title 31, Ch. 13—Milk

and Cream Continued. mission, and in no event less often than monthly: Provided, however, That a written statement of weights shall be given daily to the producer or his agent, upon written request of a majority of the producers, who deliver milk to any receiving station or plant receiving milk, each receiving station or any receiving station or plant to be considered separately, in lieu of such periodic statement of the amount of milk delivered, unless the commission otherwise provides.

It shall be unlawful to use as the basis of payment for milk any amount or percentage of butterfat therein which has been ascertained from a sample containing milk that has been so treated as to cause it to test lower or higher than the milk from which it was taken.

It shall be unlawful for any person including any milk dealer, to knowingly, fraudulently, or negligently weigh, measure, sample or test milk, or cause milk to be weighed, measured, sampled, or tested in such manner as to cause or tend to cause loss or injury to milk producers, stores or milk consumers, or to make any false or misleading statement with respect to the weight, measurement, sampling or testing of milk. [1937; last amended 1945.] Purdon's Statutes Annotated, Title 31, Ch. 16

Oysters.
Sec. 874. Oysters to be sold by count; exception.

It shall be unlawful for any person, copartnership, association, or corporation, or his, her, or its servants, agents, or employees, to sell oysters at retail, in any manner whatsoever, except by numerical count: Provided, however, That this act (Secs. 871-877] shall not apply to oysters sold at retail when in unopened, sealed, original containers in which they are shipped in inter-state commerce. [1925] Sec. 875. Penalties for violations.

Any person, copartnership, association, or corporation violating any of the provisions of this act (Secs. 871–877] shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine of not less than twenty-five ($25) dollars, nor more than one hundred ($100) dollars, or, in the case of individuals, to undergo an imprisonment of not less than thirty (30) days, nor more than sixty (60) days, or both. [1925] Sec. 876. Enforcement.

The Department of Agriculture shall be charged with the enforcement of this act (Secs. 871-877). [1925]

Purdon's Statutes Annotated, Title 52, Ch. 3—Mine

Scales, Anthracite Coal. Sec. 651. Scales to be provided by owners; records; miners

have right to employ weighmaster; pound weight as basis for earnings; exceptions; penalty for violations.

All persons, partnerships, associations and corporations engaged in the mining of anthracite coal in this commonwealth shall provide and erect, at each of their coal mines or collieries, standard and lawful scales for weighing the coal mined therein; and each and every miner's coal shall be separately and accurately weighed on said scale before said coal is dumped and taken from the car on which said miner loaded it in the said mine or colliery, and a separate and an accurate account shall be kept by all said persons, partnerships, associations and corporations of the number of pounds of coal mined by each miner as aforesaid; and the miners in each mine shall have the right to employ, at their own expense, and keep a weigh master at each of said scales to inspect said scales, and also keep an account of the number of pounds of coal mined by each miner; and the miners at each mine or colliery shall be paid at the rate of so much per pound for amount of coal mined by them, and the pound weight shall be the basis from which to calculate the earnings at all mines or collieries: Provided, That the provisions of this act (section) shall apply only to mines or collieries in which the coal mined has heretofore been paid for by the car, and that this act shall not go into effect until sixty days after its approval by the governor: And provided further, That if any of said persons, partnerships, associations or corporations shall neglect or refuse to comply with the provisions of this act [section], he or they so neglecting or refusing shall forfeit and pay, for every day said neglect or refusal after said sixty days, to the commonwealth of Pennsylvania, the sum of one hundred dollars, the same to be sued for and recovered in an action of debt in the court of common pleas having jurisdiction of the territory in which said mines or collieries may be situate, the writs in said action to be served on the said persons, partnership, association or corporation, or the superintendents

, agents or clerks of said persons, partnerships, associations or corporations resident within the jurisdiction of said court: And provided further, That the provisions of this act shall not apply to or embrace any persons, partnerships, associations or corporations that may or shall by any contract agree with his or their miners in any of said mines or collieries, otherwise than as is provided in this act, for the compensation of mining the same, and no penalty provided therein shall apply to such persons, partnerships, associations or corporations so contracting or agreeing. [1875]

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