Sec. 6649. Flour, corn meal, hominy and hominy grits: Standard weight containers; exceptions; penalty for violations. It shall be unlawful for any person, partnership, corporation, company, cooperative society, or organization to pack for sale, sell, offer or expose for sale in South Carolina any of the following commodities except in containers of net avoirdupois weights of two (2), five (5), ten (10), twenty-five (25), fifty (50) and one hundred (100) pounds, and multiples of one hundred (100) pounds: Wheat flour, selfrising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meals, hominy and hominy grits; provided, however, that the provisions of this section shall not apply to (a) the retailing of flours, meals, hominy and hominy grits direct to the consumer from bulk stock, or (b) the sale of flours and meals to commercial bakers or blenders or for export in containers of more than one hundred (100) pounds, or (c) flours, meals, hominy, and hominy grits packed in cartons, the net contents of which are less than five (5) pounds, or (d) flours, meals, hominy and hominy grits, given by mills grinding for toll or given in exchange for wheat or corn.

Any violation of this section shall constitute a misdemeanor and upon conviction, the offender shall be fined not less than twenty-five ($25.00) dollars, nor more than one hundred ($100.00) dollars for each offense. [1945]

Sec. 6650. Inspection of scales, measures, etc.; right of entry. It shall be the duty of the commissioner of agriculture or his duly authorized representatives to inspect as often as practical all weights, scales, beams, measures of any kind, instruments or mechanical devices for weighing or measuring, and tools, appliances and accessories connected with any or all such instruments or measures used in trade in this State. The commissioner or his duly authorized representatives for the purposes above mentioned, and in the general performance of his duties, without formal warrant, may enter or go into or upon, any stand, place, building or premises or stop any vendor, peddler, junk dealer, driver of coal wagon or ice wagon or driver of any wagon containing commodities for sale or delivery and if necessary, require him to proceed to some place which the commissioner or his agents may specify for the purpose of making proper tests. [1923; last amended 1941.]

Sec. 6651. Seizure and condemnation of incorrect equipment; rules and regulations.

The commissioner of agriculture or his duly authorized representatives shall condemn and seize and may destroy incorrect weights and measures and weighing and measuring devices which in his best judgment are not susceptible of repair, but any weight, measure or weighing or measuring device which shall be found to be incorrect, but which in

Code of Laws 1942, Vol. 3, Title 34, Ch. 139, Art. 1— Weights and Measures-Continued.

his best judgment are susceptible of repair, shall serve a written order upon the person or persons, firms or corporations in whose possession the inaccurate device is found forbidding the use of such device, and shall attach thereto a seal, tag or statement stating the device is condemned. Also, he shall lock the weighing or measuring device in such a manner that it cannot be used. The commissioner of agriculture, however, may in his discretion release the weighing or measuring device so condemned and annul the restraining order when the requirements of the provisions of this article [Secs. 6645-6661] have been complied with. The commission is hereby empowered and authorized to prescribe and issue such regulations as may be necessary for the proper enforcement of this article and any person or persons who shall violate any regulation issued by the commissioner shall be guilty of a violation of this article. The owners or users of any weights or measures or weighing or measuring devices which have been marked condemned, and upon whom an order has been served forbidding the use of such weighing device as in this section provided, may neither use or dispose of the same in any way, or remove or allow to be removed any seal, tag or statement attached thereto by a representative of the department of agriculture without the approval and consent of the commissioner. [1923; last amended 1941.]

Sec. 6652. Possession of false weights, etc., as evidence; seizure.

Possession of any weight or measure or weighing or measuring device of any kind which appears to have been tampered with or altered in any manner whatsoever, so as to falsify any weight or measure or weighing or measuring device of any kind shall be prima facie evidence of the fact that it was intended to be used in violation of this article [Secs. 66456661]: provided, further, that any weight or measure or weighing or measuring device found upon inspection to have been tampered with or altered in any manner so as to falsify a weight or measure shall be seized and may be destroyed by the commissioner or his agent acting under his instructions. [1923]

Sec. 6653. Refusal to allow inspection; interference with inspector; offense.

Any person, who by himself, or his employee, or as a proprietor or manager, shall refuse to exhibit any weight, measure or weighing or measuring device of any kind, or appliance or accessories connected with any or all such devices or measures which is in his possession or under his control, to the commissioner of agriculture or his duly authorized representatives, for the purpose of allowing the same to be inspected and examined as in this article [Secs. 6645-6661] provided, or who shall hinder or ob

struct the inspector in the general performance of official duties shall be deemed a violation of this article. [1923; last amended 1941.]

Sec. 6654. Packaged commodities: Marking requirements. Whenever any of the commodities within the provisions of section 6645, or any article of merchandise of any kind whatsoever, not specified in this article [Secs. 6645-6661] are sold, or exposed for sale in packages or containers of any kind, the net quantity of the contents of the package or container shall be plainly marked, branded, or otherwise indicated on the outside or top thereof or on a label or tag attached thereto. [1923]

Sec. 6655. Same: Terms in which contents shall be stated; exceptions.

The designation of the quantity of the commodity required in section 6654 shall be in terms of weight, measure or numerical count, subject however to the following provisions: (a) the quantity of the contents so marked shall be the net amount of food or stuff or other commodity in the package or container. (b) If the designation is by weight it shall be in terms of avoirdupois pounds and ounces; if the designation is in liquid measure it shall be in terms of United States gallon of two hundred and thirtyone cubic inches and its customary subdivisions, i.e., in gallons, quarts, pints or fluid ounces.

(c) The quantity of solids shall be designated in terms of weight and of fluid in terms of measure, except in case of articles in respect to which there exists a definite trade custom; in such case the designation shall be in terms of weight, measure, or numerical count, in accordance with such custom.

(d) The quantity of the contents shall be designated in terms of weight or measure, unless the container marked by numerical count gives accurate information as to the quantity of the food or other commodity in the package. When the designation is by numerical count it shall be in English words or Arabic numerals.

(e) The quantity of the contents may be stated in terms of minimum count, but in such cases the designation must approximate the actual quantity and there shall be no tolerance below the minimum.

(f) The quantity of viscous or semi-solid foods, or of a mixture of solids and liquids, may be stated in terms of weights and measure. When products are packed in brine or other preserving fluids, the weight or measure of such brine or fluids shall not be included in the weight or measure of the edible or commodity indicated on the container.

The provisions of this article [Secs. 6645-6661] shall not apply:

(a) To any sale of any commodity within the provisions of this section when such sale is made from bulk and the quantity is weighed, measured or counted for the immediate purpose of such sale.

(b) To a sale of any container of an ornamental or symbolic character with which a quantity of some commodity is sold as merely incidental.

(c) To a sale of a commodity in any container of a net weight of two ounces or less, or of a commodity of any container of a measure two fluid ounces or less, or of a commodity of any container of a numerical count of six or less.

(d) To the sale of medicine when prescribed by licensed physician, veterinarian or dentist; or to medicinal or pharmaceutical preparations or mixtures of two or more medicinal substances. [1923]

Sec. 6656. Same: Exemptions of retailer who relies on package labels; provisions thereof.

It shall not be held to be a violation of the provisions of this article [Secs. 6645-6661] when a commodity in a container is sold, or offered or exposed for sale, and there is a discrepancy between the actual quantity of the commodity in said container and the net quantity of the contents thereof indicated on the container as herein prescribed: provided, that the seller purchased said commodity in said container in good faith, relying upon the said indication of the net contents thereof, and sold said commodity in said container without altering the contents thereof or the indication of the contents thereof: and provided, further, that the exemption of this section shall not apply to any sale unless the container had the name of a packer, manufacturer, wholesaler or jobber thereon at the time the seller purchased it. [1923]

Sec. 6657. "Person" defined.

The term of person used in this article [Secs. 6645-6661] shall include every person, firm, company, copartnership, society, association and corporation. [1923]

Sec. 6658. "Container" defined.

The term container used in this article [Secs. 6645-6661] is hereby defined to be any receptacle or carton into which a commodity is packed, or any wrappings with which any commodity is wrapped or put up for sale: provided, that where individual packages or containers, properly labeled to comply with this article are packed in an outside case or carton for convenience in shipping or handling, the term "container" shall not be construed to include or apply to such outside case or carton. No containers, boxes or baskets wherein food products or other commodities are packed shall have a false bottom, or be so constructed as to facilitate the perpetration of deception or fraud. [1923]

Sec. 6659. Selling less than quantity represented; prima facie evidence; violation.

Any person who by himself or by his servant or agent, or as the servant or agent of another, shall offer or expose for sale, sell for use, any commodity,

package, article or thing less than the quantity he represents, then such commodity, package, article or thing shall be prima facie evidence of the fact that it was intended to be sold, or proof of such shall be deemed a violation of this article. [Secs. 6645– 6661]. [1923]

Sec. 6660. Penalties for violations.

Every person, who by himself or his agent, servant or employee violates or causes or permits to be violated any of the provisions of this article [Secs. 66456661] shall be guilty of a misdemeanor, and upon conviction shall be fined not less than $25.00 nor more than $100.00, or shall be imprisoned in the county jail for a term not to exceed thirty days. Each and every instance shall constitute a separate offense: provided, that for any second or successive offense the punishment shall be by fine or imprisonment, or both, in the discretion of the court. [1923; last amended 1930.]

Sec. 6661. State standards; custody; tolerances.

Such weights and measures as have been or may hereafter be furnished the states, or such weights and measures as have been or may hereafter be approved by the government of the United States, shall be kept by the commissioner of agriculture; and the said weights and measures shall be deemed and taken to be the standard weights and measures by which all weights and measures in this State shall be regulated: provided, further, that all tolerance now in effect or which may hereafter be established pursuant to the provisions of this article [Secs. 66456661] shall be the same as now in effect or hereafter may be adopted or approved by the United States government. [1923; last amended 1941.]

Code of Laws 1942, Vol. 2, Title 28, Ch. 115, Art. 3— . County Standards of weights and measures.

Sec. 3608. Procurement and custody.

The clerk of the court of common pleas and general sessions of each county in this State shall furnish, and is required to keep in his office, the weights and measures established by law, which shall be the standards of all other weights and measures in said county, and to which any person shall have free access to test the same; and the Governor of the State is authorized and required to purchase such standard weights and measures out of the fines and forfeitures incurred in the respective counties where such weights and measures are to be kept. [1840; last amended 1850.]

Code of Laws 1942, Vol. 1, Title 21, Ch. 70-False Weighing, Measuring and Packing.

Sec. 1279-1. Fraudulently increasing weight of salt pork; penalty.

It shall be unlawful for any packer or wholesale or retail merchant, or any other person, firm or cor

Code of Laws 1942, Vol. 1, Title 21, Ch. 70-False Weighing, Measuring and Packing—Continued. poration, to increase the weight fraudulently of any salt pork meats by putting water thereon, soaking, sprinkling or otherwise and any person, firm or corporation violating the provisions hereof shall be guilty of a misdemeanor and upon conviction shall be fined not less than two hundred ($200.00) dollars or more than one thousand ($1,000.00) dollars, or imprisoned for not less than sixty (60) days, nor more than one (1) year or both, in the discretion of the court. [1936]

Sec. 1280. Fraudulent packing of cotton; penalty.

Any person or persons convicted of knowingly and wilfully packing into any bag or bale of cotton any stone, wood, trash, cotton cottonseed, water, or any matter or thing whatsoever, or causing the same to be done, with the intent and purpose of cheating or defrauding any person or persons whomsoever in the sale of such cotton, or who shall exhibit or offer for sale any bag or bale of cotton so fraudulently packed, at the time of the said exhibit, or offer for sale knowing the same to be so fraudulently packed, shall on conviction thereof, as aforesaid, be sentenced to pay a fine of not more than five hundred dollars nor less than twenty dollars, and to be imprisoned for a term of not more than six months nor less than one month. [1875]

Sec. 1281. Charge of "breakage" on weighing of cotton; penalty.

Any person who shall put and make the charge known as "breakage" upon the weighing of cotton shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than twenty-five dollars, or be imprisoned not more than thirty days, or both, in the discretion of the court. [1876]

Sec. 1286. Deduction on sale of cotton; offense; penalty.

It shall be unlawful for any person, firm or corporation engaged in the business of buying cotton in this State, as principal or agent, to deduct any sum for bagging and ties from the weight or price of any bale of cotton, when the weight of the bagging and ties does not exceed six per cent. of the gross weight of such bale of cotton. In the event that the weight of the bagging and ties exceed six per cent. of the gross weight of such bale of cotton, only the excess over the said six per cent. may be deducted.

For each and every violation of this section the offender shall be guilty of a misdemeanor and shall be fined in the sum of not less than five dollars nor more than twenty-five dollars, or imprisoned not less than ten days nor more than thirty days: provided, this section shall not apply to what is known in the trade as round bales, and bales of cotton which weigh less than three hundred pounds. [1910]

Sec. 1287. Weight of bales of cotton deemed merchantable.

It shall be unlawful for any cotton buyer to refuse to accept any bale of cotton, after he has bought the same by sample thereof, weighing over three hundred pounds, provided same corresponds in quality with sample bought by; and any such buyer who docks or deducts any amount from the purchase price of any such bale of cotton, or attempts to dock or deduct any amount from the purchase price of such bale of cotton, shall be deemed guilty of a misdemeanor, and, upon conviction before any court of competent jurisdiction, shall be fined in the sum of not more than one hundred dollars nor less than twenty dollars. [1899]

Sec. 1288. Cotton factors to furnish statements on demand; offense; penalty.

Any person or persons, firm or corporation, by whatever name styled, doing business as sales agent, exporter, dealing in or handling cotton on commission, are hereby required to furnish to all persons for whom cotton is exported, sold or handled, when demanded by such person, a sworn itemized statement which shall show the name of the purchaser, the grade, the weight and the price received for such cotton. Such sworn itemized statement shall be furnished with final account of gross sales, or whenever demanded by any one who is doing business with such person or persons as are set forth in this section: provided, that any one upon whom demand is made for such sworn itemized statement shall be allowed ten days' time in which to furnish the same. Any one refusing or neglecting to furnish such sworn itemized statement shall be guilty of a misdemeanor, and, upon conviction, shall be fined in a sum of not less than twenty-five dollars nor more than one hundred dollars, or be imprisoned for not less than ten days nor more than thirty days on the county chaingang. [1915]

Sec. 1323. Liquid fuels, lubricating oils, greases; offenses; penalty.

(1) No person, firm or corporation shall store, sell, offer or expose for sale any liquid fuels, lubricating oils, greases or other similar products in any manner whatsoever which may deceive, tend to deceive or have the effect of deceiving the purchaser of said products as to the nature, quality or quantity of the products so sold, exposed or offered for sale.

(7) Penalties. Every person, firm or corporation violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of not more than one thousand ($1000) dollars and by imprisonment not to exceed twelve (12) months, or by either or both in the discretion of the trial judge. [1933]

Code of Laws 1942, Vol. 2, Title 28, Ch. 114, Art. 10— State Iodine Label.

Sec. 3272. Selection; conditions of use.

It shall be the duty of the commission [South Carolina Natural Resources Commission 1] herein created to select a label, have it copyrighted and registered in the United States copyright office which said label shall be used to advertise the chemical and other contents of food products grown in South Carolina or other articles in the judgment of this commission; they shall promulgate and register the conditions 2 upon which said label may be used and fix the charges for such use; they shall also promulgate information furnished by the South Carolina Research Laboratories and other educational institutions and such other information as has bearing upon value of South Carolina products; they shall receive and disburse the appropriations from the Legislature of South Carolina, contributions from corporations, institutions, associations and individuals, said expenditures to be approved by the commission and all vouchers to be signed by the chairman and countersigned by the secretary. [1929]

1 South Carolina Natural Resources Commission abolished and its duties devolved on State Research, Planning and Development Board, 1945 Acts and Joint Resolutions (44 Statutes at Large).

2 As a condition upon which the State Iodine Label may be used, the product must be of "proper weight". The commission has set up the standard size case of the various standard size cans on which a fee is levied for the use of the label.

Code of Laws 1942, Vol. 2, Title 28, Ch. 114, Art. 13— Shellfish.

Sec. 3308. Enforcement.

It shall be the duty of the board of fisheries to impartially enforce all laws pertaining to fish and fisheries. [1924]

Sec. 3370. Standard measures for shellfish; non-standard measures to be destroyed.

The following standard measures are hereby established for use in this State in selling and marketing shellfish and fixing the amount of taxes of licenses to be paid thereon: (a) The bushel measure for oysters shall be cylindrical with a perforated bottom, the diameter of the cylinder to be eighteen (18) inches and the length from bottom to top sixteen (16) inches. (b) The half-bushel measure for oysters in the shell shall be cylindrical, with a diameter of thirteen and three-quarter (1334) inches and a depth of ten (10) inches with a perforated bottom. (c) The peck measure for oysters in the shell shall be cylindrical, with a diameter of ten and one-half (1012) inches and a depth of eight (8) inches. All bushel, half-bushel or peck measures found at any place where oysters are purchased or sold in the shell which do not conform in shape and

contents to this standard shall be destroyed by the board [of fisheries] or its authority. [1924]

Sec. 3371. Use of non-standard measures; penalty.

Any person who shall buy or sell oysters in the shell using a bushel, half-bushel, or peck measure which does not conform to the standard above described as to contents shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished for each offense by a fine of not less than ten ($10.00) dollars nor more than fifty ($50.00) dollars or by imprisonment of not more than thirty days. [1924]

Sec. 3372. Package label; stamps.

Each package containing oysters or clams shall contain a bushel or even multiple thereof and before being tendered for transportation or offered for sale shall be stamped or tagged with the quantity and kind of shellfish contained therein and the correct amount of tax stamps affixed and cancelled and wherever any package shall contain less than one bushel the tax upon one bushel shall be nevertheless paid as aforesaid. [1924]

Sec. 3418. Crab meat: Pounds to a gallon.

For commercial purposes for the sale of crab meat in this State eight (8) pounds of crab meat shall be considered one (1) gallon. [1937]

Code of Laws 1942, Vol. 3, Title 30, Ch. 121, Art. 4— "Uniform Narcotic Drug Act."

Sec. 5128-9. Marking requirements.

(1) Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells and 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 vender and the quantity, kind, and form of narcotic drug contained therein. [1934]

Sec. 5128-18. Enforcement.

It is hereby made the duty of the said state board of health, its officers, agents, inspectors and representatives, and of all peace officers within the State, and of all county attorneys, to enforce all provisions of this statute, except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this State, and of all other States, relating to narcotic drugs. [1934]

Sec. 5128-19. Penalties for violations.

Any person violating any provision of this statute shall upon conviction be punished, for the first offense, by a fine not exceeding five hundred ($500.00) dollars, or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment, in the discretion of the court; and for