Sec. 20. Enforcement of chapter; rules and regulations. The director [director of agriculture and conservation] is hereby empowered to enforce the provisions of this chapter, [1936]

General Laws 1938, Title XXII, Ch. 211, Secs. 1 to 7— Eggs.

[ED. NOTE.—These sections provide for the grading of eggs according to candling and size, under the direction of the chief of the bureau of markets. The pertinent sections are omitted as they relate primarily to quality.] General Laws 1938, Title XXII, Ch. 212-Containers for Apples and Other Farm Products.

Sec. 1. Apples: Marking of closed packages.

Each closed package of apples packed or repacked within the state and intended for sale within or without the state shall be marked or branded at the time of packing, repacking or closing with a statement of the quantity of the contents, the name and address of the person by whose authority the apples were packed, in accordance with Sec. 5 of this chapter. If apples are repacked, the packages shall be marked "Repacked," and shall bear the name and address of the person by whose authority it is repacked in place of that of the person by whose authority it was originally packed. [1931]

Sec. 2. Same: Size of lettering on label.

The branding or marking of barrels, boxes or baskets under the provisions of this chapter shall be in block letters and figures not less than one-half inch in height. The director of agriculture and conservation shall prescribe rules and regulations as to the lettering to be used in branding, or marking other packages. [1931]

Sec. 3. Same: When deemed misbranded.

For the purpose of this chapter, apples packed in a closed package shall be deemed to be misbranded:

First. If the package fails to bear all statements required by Sec. 1 of this chapter.

Second. If the package bears any statement, design or device regarding such article or its contents which shall be false or misleading in any particular, or is falsely branded in any particular. [1931]

Sec. 4. Same: Closed package defined.

The term "closed" package when used in this chapter shall mean a barrel, box, basket or other container, the contents of which cannot be sufficiently inspected without opening it or removing any kind of cover or lid to expose the surface contents to view. [1931]

Sec. 5. Same: Standard barrel; bushel.

The standard barrel for apples shall be of the following dimensions when measured without distention of its parts: length of stave, 28 and one-half

inches; diameter of heads, 17 and one-eighth inches; distance between heads, 26 inches; circumference of bulge, 64 inches, outside measurements; and the thickness of staves not greater than four-tenths of an inch; provided that any barrel of a different form having a capacity of 7,056 cubic inches shall be a standard barrel. The standard bushel box or standard bushel basket for apples shall be a container having a capacity of not less than one United States standard bushel or 2150.42 cubic inches. Containers for apples other than the standard barrel or bushel shall be marked in terms of cubical capacity or count. [1931]

Sec. 8. Same: Penalties for violations.

Whoever himself or by his servant or agent misbrands apples within the meaning of this chapter, or packs, sells, distributes, offers or exposes for sale or distribution apples which are misbranded, or apples in closed or open packages so packed that the faced or shown surface gives a false representation of the contents of such package, or otherwise packs, sells, distributes, offers or exposes for sale or distribution, apples in violation of any provision of this chapter, shall be punished for the first offense by a fine not exceeding $25.00 and for a subsequent offense by a fine not exceeding $100.00, or be imprisoned for a term of 3 months or both such fine and imprisonment. [1931]

Sec. 9. Farm products: Rules and regulations for marking, labeling, etc.; conformance to rules.

The director of agriculture and conservation is hereby authorized and instructed to promulgate reasonable rules and regulations relative to grading, marking, labeling, packing and branding of products of the farm. Any fruit or vegetable offered or exposed for sale or distribution in a closed or open package so packed that the faced or shown surface gives a false representation of the contents of such package shall be construed to be misbranded under the terms of this section. Products of the farm sold or offered for sale as graded, marked, labeled, packed or branded as conforming to said rules and regulations, must in fact so conform. [1926; last amended 1930.]

Sec. 10. Same: Penalty for violating Sec. 9.

Any person, firm or corporation who shall violate any provision of sec. 9 or any rule or regulation of the director of agriculture and conservation made thereunder, shall be punished by a fine of not less than $25.00 nor more than $100.00 or be imprisoned for a term of 3 months or by both such fine and imprisonment. [1926; last amended 1930.]

Sec. 11. Enforcement of chapter.

The director of agriculture and conservation shall enforce the provisions of this chapter. [1926; last amended 1930.]

General Laws 1938, Title XXII, Ch. 216–Milk and Cream.

Sec. 1. Sale by standard measure; penalties; purchaser has recourse to town sealer, when; state sealer may license manufacturer to seal receptacles, when; receptacles, how to be sealed; revocation of license; such sealing does not authorize use as legal measures; tolerance on glass bottles and jars.

All milk, cream and skimmed milk shall be sold only by standard wine measure, and by or in measures, cans, jars, bottles, or other vessels or receptacles which shall, prior to being used in such sale, be sealed by the manufacturer thereof as hereinafter provided, or by the sealer of weights and measures of the town where the person so using the same shall usually reside in this state, or of the town where such milk shall be sold for use; and every person selling any of the same contrary to this section or delivering any of the same sold contrary hereto, shall be fined for the first offense not less than $20.00 and not exceeding $50.00, and for any subsequent offense not less than $50.00, or imprisonment not to exceed 60 days, or both such fine and imprisonment. Any purchaser of milk, cream or skimmed milk, having reason to believe that any measure, can, jar, bottle or other vessel or receptacle in which milk, cream or skimmed milk is sold and delivered to him is not of sufficient size or capacity to contain, by standard wine measure, the amount thereof purchased, may apply to the sealer of weights and measures of the town in which such milk, cream or skimmed milk is delivered to him, which sealer shall, upon receipt of a fee of 25 cents therefor, test the capacity of the same and issue to such purchaser his certificate stating the capacity thereof; and if such capacity according to such certificate shall be less than the amount purchased such purchaser may make complaint and deliver such certificate to any officer of such town authorized to make complaints for the violation of this chapter, who thereupon shall duly make complaint against and prosecute the person or persons selling or delivering the same, for violation of this section. Upon the application of a manufacturer of a can, jar, bottle or other vessel or receptacle to be used in the sale of milk, cream or skimmed milk, the state sealer of weights and measures

may issue a license to such manufacturer to seal any such can, jar, bottle or other vessel or receptacle for use in this state. All such cans, jars, bottles or other vessels or receptacles shall be sealed by the manufacturer thereof in such manner and in accordance with such regulations as the state sealer of weights and measures in the department of labor may prescribe and shall be marked with the name, initials, or trade mark of the manufacturer, and by any other mark which the state sealer of weights and measures may require. The state sealer of weights and measures may revoke any such license at any time after giving the manufacturer

holding such license 10 days' notice of the proposed revocation. The sealing of any such can, jar, bottle, or other vessel or receptacle by a manufacturer shall not authorize the use of the same as legal measures nor shall any such sealing be held to affect the provisions of law relating to the giving of false measure, or the using of a false measure, or the having in possession a false measure with intent to use the same: Provided, however, that the wine measure as defined in this section shall permit a variation of one-half an ounce in the contents of glass bottles or jars. [1915]

Sec. 13. Sale of watered milk unlawful; penalty.

No person, firm or corporation shall sell or exchange or have in his possession with intent to sell or exchange, adulterated milk or milk to which water or any foreign substance has been added.

Every person, firm or corporation who shall be found guilty of violating any of the provisions of this section upon first conviction shall be fined not to exceed $20.00; and upon the second and every subsequent conviction shall be fined not to exceed $50.00 and may be imprisoned in the county jail for not exceeding 10 days. [1921]

Sec. 20. Convicted persons; names published.

Every inspector of milk shall cause the name and place of business of all persons convicted under this chapter [Secs. 1-39] to be published in 2 newspapers published in the town or county where the offense shall have been committed. [1921]

Sec. 21. Who to prosecute.

Any chief of police and any inspector of milk, and such special constables as the town council of any town or the board of aldermen of any city, may appoint for that purpose, may make complaints and prosecute for all violations within the city or town wherein they are appointed or elected, of any of the provisions of this chapter [Secs. 1-39]; and they each shall be exempt from giving surety for costs on any complaint made as aforesaid. [1921]

Sec. 29. Enforcement.

It shall be the duty of the chief of the division of animal industry and milk control, together with his deputies and assistants to exercise in any part of the state all the powers of inspector of milk, deputy inspector of milk or collector of samples, in the enforcement of all laws relating to milk, under the direction of the director of agriculture and conservation, and for such purpose, he may, with the approval of the director of agriculture and conservation, employ such assistants as may be necessary to enable him to properly discharge his duty. [1927; last amended 1935.]

Sec. 30. Babcock test: Glassware; testing; fees; offenses.

No bottle, pipette, or other measuring glass or utensil shall be used by an inspector of milk or by

any person in any milk inspection laboratory, in determining, by the Babcock or other centrifugal machine, the composition of milk or cream for the purposes of inspection, or by any person in any place in determining by the Babcock or other centrifugal machine, the composition or value of milk or cream as a basis for payment in buying or selling, until such measuring glass, or utensil has been tested for accuracy and verified by the chief of said division [division of animal industry and milk control], or by a duly authorized assistant. Each such bottle, pipette, or other measuring glass or utensil shall be submitted to said chief, or such assistant, by the owner or user thereof, to be tested for accuracy, before the same is used for the purpose aforesaid. A fee of 5 cents for each bottle, pipette, or other measuring glass or utensil so tested shall be paid by the owner or user thereof to the person making such tests. Each measuring glass or utensil so tested and verified or found inaccurate shall be marked accordingly by said chief or such assistant, and no such measuring glass or utensil so marked. as inaccurate shall be used in determining the composition or the value of milk or cream. [1928] Sec. 31. Same: Centrifugal machine; testing; offenses.

Each Babcock or other centrifugal machine used by an inspector of milk or by a person in a milk inspection laboratory for determining the composition of milk or cream for purposes of inspection, or by a person in any place for determining the composition or value of milk or cream as a basis for payment in buying or selling, shall be inspected at least once in each calendar year by said chief [of the division of animal industry and milk control] or by a duly authorized assistant. The owner or user of any such centrifugal machine shall pay to the person making such inspection as a fee therefor the actual cost of such inspection.

Each Babcock or other centrifugal machine used as aforesaid which, in the opinion of said chief or such assistant, is not in condition to give accurate results, may be condemned by him. No Babcock or other centrifugal machine so condemned shall be used for determining the composition or value of milk or cream as aforesaid, unless and until such machine is corrected to the satisfaction of said chief, or such assistant, and approved by him. [1928] Sec. 34. Same: Inspection; fees; right of entry.

The said chief [chief of the division of animal industry and milk control] shall test or cause to be tested all bottles, pipettes and other measuring glasses or utensils submitted to him under sec. 30 of this chapter and shall inspect, or cause to be inspected, at least once each year, each Babcock or other centrifugal machine used by an inspector of milk, or by a person in any milk inspection laboratory, for purposes of inspection, or by any person in any place to determine the composition or value

of milk or cream as a basis for payment in buying or selling, and shall collect the fees or actual cost. of tests and inspections under Secs. 30 to 33 inclusive of this chapter, and shall pay the same over to the general treasurer at least once each month. The said chief, and any duly authorized assistants, may enter upon premises where any centrifugal machine is so used, to inspect it and to ascertain if said last mentioned sections are complied with. [1928]

Sec. 35. Same: Rules and regulations; weighing marginal containers.

The chief of the division of animal industry and milk control may make such rules and regulations, not inconsistent with law, as in his judgment may be helpful in carrying out the provisions of this chapter [Secs. 1-39] and for the purpose of insuring accuracy in the weighing, sampling and testing of milk; and, to further insure accuracy in the weighing of milk, any milk sold by weight and test, and delivered to any registered distributor or dealer within this state, may, in the discretion of said chief, be weighed in the original containers in which such milk is received and in the presence of the shipper or his duly authorized agent. [1928; last amended. 1932.]

Sec. 36. Same: Offenses; penalties.

Whoever hinders or obstructs said chief, or a duly authorized assistant, in the discharge of any authority or duty imposed by any provision of Secs. 30 to 35 inclusive of this chapter, and whoever violates any provision of said sections shall be punished by a fine of not less than $15.00 nor more than $50.00. [1928]

Sec. 37. Same: Exemptions.

Sections 30 to 36 inclusive of this chapter shall not affect any person using any centrifugal or other machine or test to determine the composition or value of milk or cream if such use or test is made for the information of such person only, and not for purposes of inspection, or as a basis for payment in buying or selling. [1928]

Sec. 38. Sale at wholesale.

Nothing in this chapter contained shall be construed to prohibit the selling of milk, cream or skim-milk at wholesale, or the making of any contract for the sale thereof at wholesale, by weight and test. [1928]

Sec. 39. Enforcing agency.

The chief of the division of animal industry and milk control, appointed by the director of agriculture and conservation, shall enforce the provisions of this chapter, under the supervision of said. director. [1928; last amended 1935.]

General Laws 1938, Title XXV, Ch. 269-Foods.

Sec. 1. "Misbranding" unlawful; penalties; exceptions.

It shall be unlawful for any person, firm or corporation, as principal, or by a servant, or agent, to manufacture, sell, or offer for sale within this state, any drug or article of food which is adulterated or misbranded within the meaning of this chapter, and any person, firm or corporation, as principal or by a servant, or agent, violating any of the provisions of this chapter shall be guilty of misdemeanor, and shall, upon conviction, be punished for the first offense by a fine not exceeding $50.00, for the second offense by a fine not exceeding $100.00, and for the third and each subsequent offense by a fine of not exceeding $200.00, or imprisonment for one year: Provided, that no article shall be deemed misbranded or adulterated within the provisions of this chapter when intended for export to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser, when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is intended to be shipped; but if such article shall be in fact sold or offered for sale for domestic use or consumption, then this proviso shall not exempt said article from the operation of any of the other provisions of this chapter. [1917]

the same is not adulterated or misbranded within the meaning of the food and drugs act of the United States, approved June 30, 1906, as amended, or of this chapter. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines, and other penalties which would attach, in due course, to the dealer under the provisions of this chapter. [1914]

1 Superseded by Federal Food, Drug and Cosmetic Act, 21 U.S.C. Sec. 301 et seq.; 52 Stats. 1040 et seq.

Sec. 12. Enforcement; rules and regulations.

It shall be the duty of said division of foods and drugs and the director of public health to enforce the provisions of this chapter and to prosecute every person, firm or corporation violating the same and for this purpose said division may employ experts if necessary. Any agent authorized by the chief of said division may make complaints for any violation of the provisions of this chapter and said chief or such agent of said division making such complaint shall not be required to give surety for the payment of costs. Said chief shall adopt such rules, consistent with the provisions of this chapter, as may be necessary for its enforcement

Said chief shall have authority to appoint such agents as may be necessary to assist in the enforcement of this chapter. Said agents shall work under the direction of the said chief and shall perform such duties as the said chief shall prescribe for them to perform. [1915]

General Laws 1938, Title XXVI, Ch. 273—"Uniform Narcotic Drug Act."

Sec. 21. 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. [1934]

Sec. 47. Penalty for violations.

Any violation of the provisions of this chapter, the punishment for which is not specified herein, and of the rules and regulations of the division made under authority of this chapter, shall be punished by a fine of not more than $1,000.00, or by imprisonment for a term not exceeding one year, or by such fine and imprisonment. [1934]

Sec. 50. Enforcement.

it shall be the duty of said division [Division of Narcotic Drugs and Pharmacies] to promote the enforcement of the provisions of this chapter, and in the furtherance of this purpose said

division may appoint an investigator and such clerical assistance as may be deemed necessary within the amounts appropriated therefor, and may call upon the attorney-general and the police authorities of the several cities and towns to prosecute any violations of this chapter. [1934]

General Laws 1938, Title XXXIV, Ch. 379-Business Regulations, Beef and Pork.

Sec. 1. Standard casks required; exception.

No person shall sell, ship or export for sale from this state any salted beef or pork except in casks of the quality and dimensions hereinafter provided, nor unless the contents thereof shall be inspected and packed and the casks containing the same branded agreeably to the directions in this chapter, unless a special contract be made respecting the same. [1857]

Sec. 2. Standards for beef.

All beef put up in casks for sale or exportation shall be cut in pieces as nearly square as may be, which shall be not more than 8 pounds nor less than 4 pounds in weight. [1857]

Sec. 8. Casks: How made.

Every cask in which mess beef or in which clear or mess pork shall be packed shall be made of good seasoned white oak or white ash staves and heading not less than five-eighths of an inch in thickness, free from sap and every defect; to be covered threefourths of the length with good hoops, leaving onefourth in the centre, the hoops to be well set and drawn together; but casks containing prime beef and cargo beef or prime pork may be hooped with only 12 hoops, which shall be well secured with not less than 3 pins on each bulge. [1857]

Sec. 9. Marking requirements.

On the head of every cask in which beef or pork is packed shall be branded the weight it contains, which shall be only even hundreds, with the first letter of the christian name and the surname at length of the inspector who has inspected the same, with the name of the town where it was inspected and the words RHODE ISLAND in legible letters not less than three-fourths of an inch long. [1857] Sec. 10. Weight per barrel.

Two hundred pounds of beef shall be considered and taken as a barrel of beef, and 200 pounds of pork shall be considered and taken as a barrel of pork. [1857]

Sec. 11. Penalty for violations; exception.

Every person who shall sell or offer for sale any salted beef or pork in casks before it shall have been inspected and branded as aforesaid, unless there shall be a special contract in relation to the

kind and quality of the article sold, shall forfeit $20.00 for each cask. [1857]

Sec. 12. Act, how construed.

This chapter shall not be so construed as to repeal or to affect an act entitled "An act authorizing the city of Providence to elect an inspector of beef and pork for said city," passed June 29, 1833, nor the inspection of beef and pork in said city: Provided, the inspection be comformable to this chapter. [1857]

Sec. 15. Inspectors; election or appointment; compensation; bond.

The town council of any town and the city council of any city are hereby authorized to elect annually, or appoint one or more inspectors of beef and pork, and to provide for the compensation by salary or fees. Every such inspector shall, before entering upon the duties of his office, give bond in the sum of $1,000.00 for the faithful performance of the duties of such office [1914]

General Laws 1938, Title XXXIV, Ch. 380-Business Regulations, Pickled Fish.

Sec. 3. Sorting.

Pickled fish, whether codfish, mackerel, menhaden, herrings or other fish, shall be sorted and one kind only be put into the same cask. [1857]

Sec. 4. Standard cask, barrel, and half-barrel.

Every cask shall be well seasoned and bound with 12 hoops; casks for menhaden and herrings shall be of the capacity to hold 28 gallons, and those of other fish of the capacity, if a barrel, to hold 200 pounds, and if a half-barrel, 100 pounds weight of fish; each cask shall be full and the fish shall be sound and well cured. [1857]

Sec. 5. Marking requirements.

Every cask before being packed or repacked for exportation shall be at first searched, examined and approved by a packer; and shall, when so packed or repacked for exportation, be branded legibly on one head with the kind of fish it contains and the weight thereof, or the capacity of the cask with the first letter of the christian and the whole of the surname of the packer, the name of the town and the words RHODE ISLAND in letters not less than three-fourths of an inch long, to denote that the same is merchantable and in good order for exportation. [1857]

Sec. 16. Penalty for violations.

Every packer who shall be guilty of any fraud or neglect in packing any fish contrary to this chapter, or shall brand any cask not thoroughly. examined according to the provisions thereof, shall be fined $50.00 for each offense. [1872]