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

any subsequent offense by a fine of not exceeding two thousand ($2,000.00) dollars, or by imprisonment not exceeding two (2) years, or by both such fine and imprisonment, in the discretion of the court. [1934]

Code of Laws 1942, Vol. 3, Title 30, Ch. 121, Art. 4Food.

Sec. 5128-27. Unlawful to sell misbranded article; penalty for violations; food defined; when deemed misbranded; guaranty protection; enforcement.

(1) It shall be unlawful for any person to manufacture or sell, or offer for sale, any article of food which is adulterated or misbranded, within the meaning of this section, and any person who shall violate any of the provisions of this section, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding fifty dollars, or by imprisonment not exceeding fifteen days for the first offense, and one hundred dollars, or thirty days' imprisonment, for each subsequent offense. The term "food", as used herein, shall include all articles used for food, drink, confectionery, or condiment by man other animals, whether simple, mixed, or compound.

*

(3) The term "misbranded," as used herein, shall apply to all articles of food, or articles which enter into the composition of food, the package or label 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

That for the purposes of this section, an article shall also be deemed to be misbranded:

make all necessary inquiries and investigations relating thereto and shall take such action in the courts as provided for; the commissioner shall adopt such measures as he may deem necessary to facilitate the enforcement of this section; * [1904; last amended 1924.]

1 See Sec. 6600, page 924.

Code of Laws 1942, Vol. 3, Title 34, Ch. 138, Art. 1— Commercial Fertilizers.

Sec. 6360. Registration statement required.

(A) Every person, firm or corporation, before manufacturing, selling or offering for sale in this State any commercial fertilizer or fertilizer materials shall first register and file with the board of trustees of The Clemson Agricultural College a signed statement giving the name and address of the applicant, together with the location of each manufacturing or mixing plant, and the following information with respect to each brand, grade or analysis in the following order:

(1) Net weight of material in each package in pounds. [1939]

Sec. 6362. Marking requirements.

(A) Each person, firm or corporation who sells or offers for sale mixed fertilizer or fertilizer material in this State shall mark upon each container or associate with each shipment or document relative thereto the information required by items 1 to 6 inclusive of section 6360.

(B) If shipped in bags, barrels or other containers with a capacity of 50 lbs. or more, said information included in item 1 to 4 inclusive, section 6360, shall be printed directly on the container.

(C) If shipped in bulk by rail, said information in items 1 to 6 inclusive, section 6360, shall be printed on a suitable label which shall be fastened on the inside wall of the car near the door.

(D) If shipped in bulk by boat, truck, wagon or other vehicle, said information contained in items 1 to 6 inclusive, section 6360, shall be attached to the copy of the invoice delivered to the purchaser or other receiver.

(E) If shipped in packages less than 50 lbs., said information contained in items 1 to 6 inclusive, section 6360, may be printed on the container in which the material is delivered to the purchaser. [1939]

Sec. 6367. Definition.

For the purpose of this article [Secs. 6353—6385-1] a commercial fertilizer is hereby defined as any material, substance or mixture which contains or is claimed to contain more than one per cent. of nitrogen, or of total phosphoric acid, or of potash: provided, that the following substances, lime, limestone, marl, unground bones, stock-pen manure, barnyard manure or the excrement of any domestic animals

shall be exempt from the provisions of this article, in the case that said manure or excrement has not been dried or manipulated or otherwise treated, or is not claimed to have a value of more than four dollars a ton. [1939]

Sec. 6375. Weight of packages; exceptions; penalties.

All fertilizers of [or] fertilizer materials, sold or offered for sale or use within this State, shall be in a package containing one hundred or two hundred pounds each, except as provided in section 6362 and section 6378 and: provided, further, that this section shall not apply to foreign imported goods in original packages. The weight of the package of fertilizers shall be ascertained at the time of delivery to the purchaser in the presence of at least two disinterested witnesses, one chosen by the purchaser and one by the seller, and the purchaser shall within five days thereafter notify the seller to make good such deficiency and pay to the purchaser a penalty equal to four times the value of the actual shortage and upon failure of the seller to do so within twenty days thereafter, he shall pay a penalty equal to the value of the goods, which penalty shall become recoverable by the State, one-half of the penalty so recovered to be paid to the purchaser in the case of a sale, and the other half to be paid into the state treasury, subject to the order of the board of trustees of The Clemson Agricultural College: provided, if such seller shall refuse, decline or neglect to choose a witness as herein prescribed after having been notified or requested to do so, then he or they shall have forfeited their right to do so, and the purchaser shall select two witnesses who shall in turn select a third, and they shall proceed to ascertain said weight. [1939]

Sec. 6376. Sale of misbranded article; penalty.

re

Every person, company, common carrier, or corporation who shall sell, offer for sale or transport in this State, any commercial fertilizer or fertilizer material without being properly branded or having attached thereto such labels and tags, as quired by law, or who shall use or permit to be used the required label or tag for a second time, and every person who shall receive any such fertilizer, shall forfeit to the State a sum equal to the selling price of each separate package sold, offered for sale, or received, to be recovered by suit brought in the name of the State in any court of competent jurisdiction: such forfeitures, when collected, shall be paid to the state treasurer, who shall hold the same subject to the order of the board of trustees of The Clemson Agricultural College of South Carolina: provided, further, that the penalty defined in this section shall apply also to any misbranded fertilizer, a fertilizer being deemed to be misbranded if it carries any false or misleading statement upon or attached to the package. [1939]

Sec. 6378. Bulk sales.

Manufacturers, jobbers, dealers, or manipulators of commercial fertilizers may sell acid phosphate or other fertilizer material in bulk to persons, individuals, or firms, who desire to purchase the same for their own use on their own lands in this State, but not for sale, under such rules and regulations prescribed by the board of trustees of The Clemson Agricultural College as are not inconsistent with the provisions of this article: provided, that inspection tax shall be paid on such fertilizer as provided in section 6366. But if such bulk fertilizer is offered for sale it must be tagged and branded and otherwise in accord with the provisions of this article. [1939] Sec. 6381. Rules and regulations.

The board of trustees of The Clemson Agricul tural College of South Carolina shall have authority to establish such rules and regulations in regard to the inspection, analysis and sale of fertilizers and fertilizer materials as shall not be inconsistent with the provisions of this article, and as in their judgment will best carry out the requirements thereof. [1939]

Sec. 6382. Dealer or manufacturer persistently fraudulent.

Where it shall appear to the board of trustees of The Clemson Agricultural College that any manufacturer or dealer has been persistently fraudulent in his dealings the said board may revoke or refuse to register such manufacturer or dealer. [1939]

Sec. 6385. Fertilizer board of control.

The board of trustees of The Clemson Agricultural College is authorized and empowered to delegate the duties herein provided to the fertilizer committee of the said board which shall be known as the fertilizer board of control. [1939]

Sec. 6385-1. Violation a misdemeanor.

Every person, firm, corporation or dealer violating the fertilizer law of this State shall be guilty of a misdemeanor. [1939]

Code of Laws 1942, Vol. 3, Title 34, Ch. 138, Art. 2— Weighing of Cotton.

Sec. 6386. Standard tare.

The custom of making a deduction from the actual weight of bales of unmanufactured cotton as an allowance for breakage or draft thereon is abolished; [and all contracts made in relation to such cotton shall be deemed and taken as referring to the true and actual weight thereof without deduction;] and no tare shall be deducted from the weight of such bales of cotton except the actual weight of the bagging and ties used in baling said cotton; and whenever it shall be agreed between the buyer and seller to deduct tare on cotton bales it shall be as follows: for bales of

Code of Laws 1942, Vol. 3, Title 34, Ch. 138, Art. 2— Weighing of Cotton-Continued.

cotton covered with seven yards of standard cotton bagging and six iron ties the actual tare shall be and is hereby fixed at sixteen pounds, and for bales of cotton covered with seven yards of standard jute bagging and six iron ties the actual tare shall be and is hereby fixed at twenty-four pounds; and when buyer and seller agree to sell at net weight, and when bales of cotton are covered with seven yards of standard cotton bagging and six iron ties, the actual tare shall be and is hereby fixed at sixteen pounds, and when bales of cotton are covered with seven yards of standard jute bagging and six iron ties, the actual tare shall be and is hereby fixed at twenty-four pounds. [1846; last amended 1889.]

Sec. 6387. Charges for weighing; penalty.

The rates of storage of cotton shall not exceed twelve and one-half cents per week for each bale of cotton; the charges for weighing cotton shall not exceed ten cents for each bale; and any person violating the provisions of this section, or either of them, shall forfeit to the owner of the cotton ten dollars for each offense, which may be recovered by him in any court of competent jurisdiction in this State. [1876]

Sec. 6398. Record of public ginner.

Every person who runs a public gin shall keep a book in which shall be entered a full account of all the cotton brought thereto, with the date and the name of the person bringing it, which book shall be open to inspection by the public. The ginner shall also number consecutively each bale of cotton as it comes from the press, by stencil, or other permanent mark, beginning with the number one (1) at the opening of the ginning season, so that said stencil or number mark shall correspond with the number and weight of the identical bale of cotton as it is recorded in the ginner's book of records, if requested so to do by the owner of the cotton. [1902; last amended 1929.]

Sec. 6399. Acceptance of bales; offense.

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. [1899]

Sec. 6402. Public weighers: Election.

Upon the petition of fifty or more qualified electors, who are freeholders and growers of cotton in any township or parish in which there may be a cotton market, the county board of commissioners of that county shall annually elect one or more public cotton weighers for said cotton markets, whose term of office shall be for one year and until

the election and qualification of his or their successors: provided, that there shall be two public cotton weighers at Bishopville, Lee County, who shall give bond, with good and sufficient surety, to be approved by supervisor, in the sum of one thousand dollars each, conditioned for the faithful performance of his duty: provided, that cotton weighers in the county of Greenwood shall be elected to hold office for two years, and the cotton weighers already elected in Greenwood County shall hold office for two years from their election, and until their successors are elected and qualified: provided, that in the county of Sumter no person shall be voted for or elected a cotton weigher who is related within the sixth degree by blood or marriage to one or any one of the county board of commissioners of said county: provided, further, that if more than one weigher be elected for the city of Sumter, then in such event one of said weighers shall be elected upon the nomination and recommendation thereto by the city council of said city: provided, that upon petition of the operators, or owners, of any public cotton warehouse in Marlboro County showing that necessity or convenience of the public demands, the board of county commissioners of Marlboro County are authorized and empowered, if in their judgment it be deemed advisable, to appoint a public cotton weigher for said warehouse. [1896; last amended 1930.]

Sec. 6403. Same: Oath; bond; compensation.

Before entering upon the duties of his office, each cotton weigher shall be legally sworn to discharge the duties of the position, by some officer authorized to administer oaths, and shall enter into bond in the sum of three hundred dollars for the faithful performance of his duty, which bond shall be approved by the county board of commissioners. and filed with the clerk of the court of common pleas and general sessions for the county in which said cotton market or markets may be situated. Each weigher shall receive as compensation for his services not more than ten cents for each bale weighed by him, to be fixed by the commissioners. the same to be paid in equal proportion by the seller and buyer, except in those markets where the weigher may be paid by individuals or corporations, at which markets the seller shall pay nothing. [1896; last amended 1920.]

Sec. 6404. Same: Duties; removal upon cause.

It shall be the duty of each weigher to provide a platform and scales with ample facilities for handling cotton with speed and at minimum cost, at which platform or platforms all cotton sold in said market or markets shall be weighed. It shall be the duty of each weigher to weigh fairly and promptly all cotton sold in said market or markets, issuing his own ticket, showing the weight of each bale or package of cotton weighed. It shall be his

further duty to adjust any difference between sellers and buyers as to moisture and mixed or false packing. In case of inability from sickness or other cause, and from the first day of March to the first day of September of each year, a weigher may appoint a deputy, who shall take, before entering upon his duties, the usual oath of the office in the manner required of the weigher. The elected weigher shall be responsible on his bond for the official acts of his deputy. Each weigher or his deputy shall devote his exclusive attention to the duties of his office during the cotton marketing season. Each weigher shall test his scales once a month by the standards in the office of the clerk of the court, as provided by law: provided, that the county board of commissioners may, for good and sufficient cause shown, remove any such public cotton weigher from his office, after giving such weigher at least ten days' notice to show cause why he should not be removed; and shall have power to fill any vacancy occurring in the office of public cotton weighers, at the first regular meeting of the said board after such vacancy occurs: provided, that nothing herein contained shall apply to sales made on plantations or at cotton mills, except that the provisions of the aforesaid act shall apply to sales made at cotton mills in the county of Orangeburg: provided, that in Marlboro County where cotton is stored in a warehouse chartered and operating under United States Warehouse Act or under the State Warehouse Act, and is sold to any buyer or is delivered by the seller at such warehouse for storage, for account of the buyer, said cotton need not be weighed by the public weigher, unless the buyer or seller shall demand it, but may be weighed at the warehouse by its authorized weigher, and in no case shall a seller be denied the privilege of having his cotton weighed by a sworn weigher. [1896; last amended 1931.] Sec. 6404-1. Same: Weighing regulated.

Any person, persons or agents of any corporation weighing cotton in any cotton market or markets where a public weigher has been elected, except as prescribed in secs. 6402, 6403, 6404, 6404-1, and 6405, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than five nor more than ten dollars for each offense, or imprisoned for not more than five days; except in Dorchester County, where he shall be fined not more than one hundred dollars, or imprisoned not exceeding thirty days. [1894; last amended 1909.] Sec. 6405. Same: Exceptions to weighing laws.

The provisions of sections 6402 thru 6405 shall not apply to sales made on plantations or at cotton mills, nor to the counties of Charleston, Laurens, Berkeley, Spartanburg, Aiken, Horry, Georgetown, Richland, Beaufort, Abbeville, Newberry, Oconeed, nor to the town of Liberty, in Pickens County, or to Anderson Township, in Anderson County: pro

vided, that in the county of Edgefield for each cotton weigher, his term of office shall be for two years from the date of his election, and until his successor shall have qualified: provided, further, that in the county of Edgefield the provisions of this chapter shall apply to all cotton sold or stored in warehouses. [1896; last amended 1917.]

Sec. 6406. Same: Duties; requirements for scales; monthly reports of weighers; payment for use of platform.

The cotton weighers shall be required to mark and number each bale of cotton as indicated by tags of buyer, and keep the cotton of each buyer together in order to facilitate prompt shipment. No cotton shall be allowed to remain on the platform more than five days, except upon being subject to a charge of one cent per bale per day; and cotton left on platform for any time to be at the owner's risk. The platform for cotton weighers shall be furnished by the county, and shall have a capacity of 5,000 bales; and the scales on said platform shall be approachable from at least two sides. The weighers as aforesaid, shall render to the county commissioners a monthly statement of the cotton weighed, and shall pay to the county treasurer one cent per bale for all cotton weighed by them, for the use of the platform. [1904; last amended 1907.]

Sec. 6407. Same: Counties may contract for platforms.

The county board of commissioners of any county may enter into a binding and valid contract for a time not exceeding ten years with one or more persons or corporations which shall agree to furnish a platform of such size and capacity as the said board of county commissioners may deem sufficient for the expeditious weighing of the cotton coming into said market, for the use of which platform the said person or persons, or corporation, shall receive as compensation one cent per bale for all cotton weighed thereon, which shall be paid by the weigher or weighers elected for such cotton market (weighing such cotton): provided, that no cotton shall be allowed to remain on the platform longer than twenty-four hours, except upon being subject to a charge of one-half cent per bale for each day or fractional part thereof up to five days, and of one cent per bale for each succeeding day or fractional part thereof: provided, further, that the cotton weigher or weighers for such cotton market shall be required to number and mark at the time of weighing, with not more than three letters, as indicated by tags or other instructions of buyer of each bale of cotton, and to keep the cotton of each buyer together to facilitate prompt shipment: provided, further, that regular buyers and exporters of cotton shall be required to furnish stencils and marking material for properly numbering and marking the cotton by them bought. [1906]

Code of Laws 1942, Vol. 3, Title 34, Ch. 138, Art. 2— Weighing of Cotton-Continued.

Secs. 6407-1 thru 6456. Same: Specific legislation.

[ED. NOTE. These sections provide for the election of weighers of cotton, their term of office, fees, etc., making specific provisions for the individual counties and cities. The pertinent sections are omitted as they are not general law, but relate to a particular locality.] [1894; last amended 1948.]

Sec. 6458. Regulation of cotton weighing in cities over 20,000 and less than 50,000: Platforms; weighers; penalties for violations; enforcement.

(1) In every city of more than twenty thousand and less than fifty thousand inhabitants, as shown by the last preceding United States census, and within the township in which such city is situated, the purchase and sale of cotton in bales shall be regulated by the provisions of this sub-section. The county board of commissioners shall cause to be maintained a public cotton platform adequate to hold not less than three thousand (3,000) bales of cotton, said platform to have a substantial roof, sufficient number of suitable scales, and to be located as accessibly as possible to the railroad, or railroads, and to the neighboring cotton warehouse, or warehouses, and compresses, if any, for the convenient handling of cotton from said platform to freight trains and to such cotton warehouses or compresses, said platform to be open and accessible to wagons, the cost of maintenance of the same to be paid by the county board of commissioners out of funds in their hands. The said county board of commissioners shall, on or before the first day of July, 1911, and every four years thereafter, elect and commission for the term of four years one cotton weigher for such city and township: provided, that said cotton weigher shall not be related within the sixth degree to any member of said board of county commissioners. Such cotton weigher, before receiving his commission, shall take and subscribe to the oath of office and enter into a bond with an approved surety company as surety, in the sum of one thousand dollars for the faithful performance of his duties, payable to the county board of commissioners for the use of any party who may be aggrieved, said bond to be approved by said board and filed with the clerk of court, the premiums on said bond to be paid by said board. Said cotton weigher shall have a night watchman on duty at said platform from sunset to sunrise of every day, and shall employ one assistant for every day from September 1st to December 31st, and may have other assistants during the year. He shall frequently test the scales at said platform and keep them accurate, and shall weigh promptly and fairly all cotton offered to him and mark each bale of cotton as indicated by tag

of buyer and number of each bale of cotton and keep together all the cotton of the several buyers separate and apart from each other, so as to facilitate prompt shipment, and issue ticket showing number, mark and weight of every bale weighed by him, and adjust any differences between sellers and buyers as to moisture and mixed or false packing. Said cotton weigher shall represent neither buyer nor seller of the cotton weighed nor be interested in any purchase or sale, except in cotton from his own farm, and shall receive and charge for his services and the use of the platform, fifteen cents for each bale weighed by him, seven cents to be paid by the seller and eight cents to be paid by the buyer, and for such cotton as may remain on the platform for more than three days the said weigher shall collect an additional charge of one cent per bale for every additional day, to be paid by the owner, all cotton to be at the risk of the weigher, loss by fire excepted, for the first three days, and thereafter at the risk of the owner. The said cotton weigher shall, during the cotton season, maintain a blanket insurance to cover at least fifty bales of cotton left upon the platform for sale, and shall compensate himself for the cost of such insurance by deducting the amount thereof from the charge hereinafter provided to be collected for the use of the platform by cotton remaining thereon more than three days. The public cotton weigher, herein provided for, shall appoint a deputy to serve in his place during necessary absence by sickness or otherwise, such appointment to be approved by the board of county commissioners, which deputy shall take the usual oath of office, the bond of the cotton weigher being liable for the official acts of such deputy. The public cotton weigher shall weigh, inspect and sample before sale every bale of cotton brought to said platform for sale, and no cotton shall be sold until after it has been so weighed and inspected. All cotton in bales weighed in such city or township for sale therein and purchased in such city or township at weights ascertained by weighing in such city or township (it being intended hereby not to include under the terms herein cotton bought upon weights stated in bills of lading of shipments to said city or town) shall be brought to said platform for sale, and no cotton in bales shall be sold or purchased in such city, town or township, by any seller or purchaser or agent, except upon certificate that it has been weighed and inspected at such platform by the public cotton weigher or deputy: provided, that the provisions of this subsection shall not apply to cotton sold by regular cotton dealers out of recognized cotton warehouses or cotton compresses in such city, town or township, or to cotton weighed upon plantations or at ginhouses or bought upon the faith of weights