be furnished by the superintendent. [1913; last = amended 1923.]

Sec. 608. Same: Office and equipment.

When a county shall establish such a department of weights and measures, it shall provide the sealer A with suitable quarters, a set of standards to be approved by the state sealer and state superintendent, and all other equipment for the proper performance of his duties. [1913; last amended 1923.] Sec. 609. Same: Verification of county standards.

All county standards shall be tried, proved, and sealed under the direction of the state sealer, and shall be returned to him for verification at least

once in every five years. [1913; last amended 1923.]

Sec. 610. Same: For combined counties.

Nothing in the above shall be construed to prevent two or more counties combining the whole or any part of their districts, as may be agreed upon by the county courts thereof, with one set of standards and one sealer, upon the written consent of the state superintendent. A sealer appointed in pursuance of any agreement for such combination shall, subject to the terms of his appointment, have the same authority, jurisdiction, and duties as if he had been appointed by each of the parties to the agreement. [1913; last amended 1923.]

Sec. 611. City sealer: Appointment and equipment.

Any city or municipality in the state may establish a department of inspection of weights and measures, and shall have power to appoint a sealer and deputies and fix their compensation, and pass such ordinances not in conflict with the state laws as may be deemed necessary; and if a city or municipality shall establish such a department, it shall provide the sealer with suitable quarters and a set of standards to be approved by the state sealer and state superintendent, and all other equipment for the proper performance of his duties. [1913; last amended 1923.]

Sec. 612. Same: Verification of city standards.

All city and municipal standards shall be tried, proved, and sealed under the direction of the state sealer, and shall be returned to him for verification at least once in every five years. [1913; last amended 1923.]

Sec. 613. Same: Duties and powers.

The city sealer shall perform in such city the duties and have like powers as the county sealer in the county. [1913; last amended 1923.]

Sec. 614. Same: When county sealer acts.

In those cities in which no sealer is appointed the county sealer of the county shall perform in said cities the duties and have like powers as in the county. [1913; last amended 1923.]

Sec. 615. Combination of county and city sealer.

Nothing in the above shall be construed to prevent any county and any city situated therein from combining the whole or any part of their districts, as may be agreed upon, with one sealer, subject to the written approval of the state superintendent. [1913; last amended 1923.]

Sec. 616. Same: Powers and duties.

A sealer appointed in such agreement or combination shall, subject to the terms of his appointment, have the same authority, jurisdiction, and duties as if he had been appointed by each of the parties to the agreement. [1913; last amended 1923.]

Sec. 617. Sealing before testing; penalty.

Any state, county, or city sealer, or deputy, or assistant sealer who shall seal any weight, measure, or balance, weighing device, or measuring device before testing and making the same to conform to the authorized standards, or who shall condemn, seize, or destroy any weight, measure, or balance, or weighing device, or measuring device, without first testing the same, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be subject to a fine of not less than twenty-five dollars nor more than one hundred dollars, and shall be forthwith removed from office by the state superintendent or other person or persons having authority to make such removal. [1913; last amended 1923.]

Sec. 618. Weights and measures officials: Special powers.

The state superintendent, his deputies and inspectors, the state sealer, and the county and city sealers of weights and measures are hereby made special policemen, and are authorized and empowered to arrest, without formal warrant, any violator of any statute in relation to weights and measures, and to seize for use as evidence, and without formal warrant, any false or unsealed weight, measures, weighing device, or measuring device, or packages, or amounts of commodities offered or exposed for sale or sold in violation of law. [1913; last amended 1923.]

Sec. 619. Same: Interference with or failure to produce apparatus for inspection; penalty.

Any person who shall hinder, obstruct, or interfere in any way with the state superintendent, state sealer, any deputy or assistant state sealer, or any county or city sealer while in the performance of his official duties, or who shall fail to produce, upon demand by any authorized sealer or inspector of weights and measures, any weights, measures, balances, weighing devices or measuring devices in or upon his premises, place of business, or in his possession for use in manufacture or trade, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be subject to a fine of not

Pounds per Bushel

Apple seed

Barley

Williams Code Annotated 1934, Vol. 1, Title III, Ch. 3, Art. XI-Weights and Measures, Sealers-Continued.

less than ten dollars nor more than fifty dollars, or to imprisonment for not more than ninety days, or to both such fine and imprisonment. [1913; last amended 1923.]

Sec. 621. Tolerances.

The state superintendent of weights and measures and the state sealer of weights and measures shall jointly fix and determine reasonable variations for all classes of commodities; and they shall give the reasonable variations so established all possible publicity through the public press and through bulletins of their offices. [1913]

Williams Code Annotated 1934, Vol. 4, Title XIV, Ch. 24-Weights and Measures, Sale of Commodities.

Sec. 6649. Standard weight of commodities per bushel; per barrel.

The following shall be the legal and uniform standard of weights and measures in this state for the sale and purchase of the following named products of the farm, orchard, and garden, and articles of merchandise, to wit1:

Apples, green

Apples, dried

Hickory nuts
Hominy
Horseradish

Hungarian seed

Kobe Lespedeza, common and 76 Lespedeza seed Korean Lespedeza

Pounds per Bushel

50

62

48

25 40

100

80

40

50

50

50

50

32

56

28

14

33

50

50

26

56

26

23

60

30

50

64

60

50

48

48

Sec. 6650. Same: Offenses.

It shall be unlawful to buy or sell any of the products of the farm, orchard, or garden, or articles of merchandise, mentioned in the preceding section except in strict accordance with the standard of weights and measures provided therein and below; and it shall be unlawful to dock any of the articles mentioned in said section delivered in good condition and marketable form, on account of keg, container, or barrel, without allowing value of same. [1895]

Sec. 6651. Unlawful to sell by dry measure; exceptions.

It shall be unlawful for any person to sell or offer for sale any food commodity by dry capacity measure, which shall be sold by weight only; provided, however, that this statute [Secs. 6651-6655] shall not be construed to prohibit the sale of dry food commodities in terms of the denominations of dry measure when such articles are weighed and sold in accordance with standards fixed by section 6649; and, provided further, this shall not apply to dry food commodities shipped into the state when sold in the original package. [1921]

Sec. 6652. Same: Enforcement.

are

The state superintendent of weights and measures in the department of agriculture, his duly authorized assistants and deputies and all county and city sealers of weights and measures, charged with the enforcement of this statute [Secs. 6651-6655], and the commissioner of that department is empowered to make all reasonable rules and regulations for the enforcement of this statute. [1921; last amended 1923.]

Sec. 6653. Standard half bushel measure: Use in measuring wheat.

It shall be unlawful for any person, either by himself, itself, officer, agent or employee, when purchasing wheat from the owner, his agent, or employee, to use for the purpose of testing or determining, as above, the weight, grade, milling, or market value of wheat, any measure other than the standard half bushel measure furnished this state by the United States; and the use of any fractional part of said standard half bushel measure for such purpose shall be a violation of this section. [1899]

Sec. 6654. Same: Straight leveling sticks to be used.

It shall be unlawful to use anything other than a straight stick, with the edges square, for leveling the wheat in said half bushel measure for the purpose of testing the weight, grade, milling, or market value of wheat. [1899]

Sec. 6655. Same: Penalty for violations.

Any person who shall violate any of the preceding provisions of this chapter, or the reasonable rules and regulations made in pursuance thereto,

shall be guilty of a misdemeanor; and be fined not less than ten dollars nor more than fifty dollars for each offense. [1921]

Sec. 6656. Annual testing and sealing of apparatus required.

Every person keeping any store, grocery, warehouse, merchant mill, commission house, railroad depot, or any scales or apparatus for weighing or measuring for the public, shall, once in each year, have the weights, measures, and other apparatus used by him proved and sealed. [1857-58]

Sec. 6657. Same: Penalty for violating preceding section.

For every neglect to comply with this provision, the delinquent shall be liable to a penalty of ten dollars, to be recovered before a justice of the peace, one-half to the use of the town or county, the other half to the person who sues therefor. [1857-58]

Sec. 6658. Same.

Every person not enumerated in section 6656, who shall use weights, measures, or other apparatus, in buying or selling, which have not been once sealed as required by law, shall be subject to a penalty of one dollar and costs, recoverable as above. [1857-58]

Sec. 6659. Same: Treble damages and costs.

If any person use such weights, measures, and apparatus which have not been sealed according to law, or which have been altered after being sealed, whereby any person shall be defrauded, he shall be subject to an action at law, in which the person defrauded shall recover three times the amount of damages and costs. [1857-58]

Sec. 6660. Surveyor's chains to conform to standard.

Every surveyor shall have the chains or other measures used by him in conformity with the standard. [1857-58]

Sec. 6661. Metric system authorized.

It shall be lawful throughout the United States of America to employ the weights and measures of the metric system, and no contract or dealing or pleading in any court shall be deemed invalid or liable to objection because the weights or measures expressed or referred to therein are weights or measures of the metric system. [1866]

Sec. 6662. Tables of metric weights and measures authorized. The tables in the schedule hereto annexed shall be recognized in the construction of contracts, and in all legal proceedings, as establishing, in terms of the weights and measures in use in the United States, the equivalents of the weights and measures expressed therein in terms of the metric system; and said tables may be lawfully used for computing, determining, and expressing, in customary weights and measures, the weights and measures of the metric system. [1866]

Sec. 6663. Standards of metric system furnished by United States.

The secretary of the treasury of the United States shall furnish each state, to be delivered to the governor thereof, one set of the standard weights and measures of the metric system for the use of the states respectively. [1866]

Sec. 6663.4a. Flour, corn meal, hominy and hominy grits: Standard weight containers; exceptions.

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 this state 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, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched selfrising flour, enriched bromated flour, corn flour, corn meals, hominy and hominy grits; provided, however, that the provisions of this act 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) buckwheat flour, whole wheat flour, pancake flour, prepared biscuit flour, cereal foods, or cake flour, when so labeled and in packages of five (5) pounds or less, net weight, or (d) the exchange of wheat for flour by mills grinding for toll. [1945] Sec. 6663.4b. Same: Penalty for violations.

Any violation of this act shall constitute a misdemeanor and upon conviction, the offender shall be fined not less than twenty-five ($25.00) dollars nor more than five hundred ($500.00) dollars for each offense. [1945]

Sec. 6663.5. Coal: Weigh tickets.

All drivers or others having charge of conveyances for the purpose of transporting coal, shall have in their possession when same is loaded with coal, a ticket in duplicate showing the gross, net, and tare weight of load. Weigh tickets must also be signed by person weighing load, and must also show the location and date of weighing. [1937] Sec. 6663.6. Same: Delivery of weigh tickets to purchaser. One copy of weigh ticket must be delivered to party purchasing or receiving coal. [1937] Sec. 6663.7. Same: Inspection of weigh tickets.

Weigh tickets must be shown to inspectors of the department of agriculture or county, or city sealers upon demand. [1937]

Sec. 6663.8. Same: Penalty for violations.

Any person who shall violate any of the provisions of this act [Secs. 6663.5-6663.8] shall be

888243-51-61

guilty of a misdemeanor, and be fined not less than ten dollars ($10.00), nor more than fifty dollars ($50.00) for each offense. [1937]

Sec. 6663.9. Farm commodities: Weighers to give and declare just weights; penalty.

All weighers of farm commodities, whether they be buyers or sellers, shall give and declare exact and just weights regardless of the condition of the commodities.

Any weigher who shall willfully violate this act [section] shall be deemed guilty of a misdemeanor for each separate weighing and fined not more than fifty dollars ($50.00) for each separate of fense or confined in the county jail for a period not to exceed six months or both in the discretion of the court. [1939]

Williams Code Annotated 1934, Vol. 3, Title IX, Ch. 1, Art. IV-Corporate Towns.

Sec. 3335. May require sales by weight.

All corporate towns may pass laws to require articles usually sold by dry or heaped measure, to be sold by weight, within their corporate limits. [1857-58]

Williams Code Annotated 1934, Vol. 3, Title IX, Ch. 2, Art. III-Corporate Cities.

Sec. 3528. Powers relating to weights and measures.

Every city incorporated under this chapter [Secs. 3317-3647] shall have power by ordinance:

(24) To inspect, test, measure, and weigh any article for consumption or use within the city, and to charge reasonable fees therefor; and to provide standards of weights, tests and measures.

(25) To establish, regulate, license, and inspect weights and measures. [1921]

Williams Code Annotated 1934, Vol. 1, Title III, Ch. 3, Art. V-Commercial Feeding Stuffs.

Sec. 499.1. Definition.

The term commercial feeding stuffs shall be held to include the so-called mineral feeds and all feeds used for livestock, domesticated animals and poultry except cottonseed hulls, whole unground hays, straws and corn stover, when the same are not mixed with other materials, nor shall it apply to whole unmixed, unground or uncrushed grains or seeds when not mixed with other materials. [1933; last amended 1943.]

Sec. 499.2. Marking requirements; standard weight packages.

Every lot, parcel and package of commercial feeding stuffs sold, offered or exposed for sale or distribution within this state shall have affixed thereto or printed thereon in a conspicuous place