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Sec. 2. Duties; fees; certificates.

It is hereby made the duty of each public ginner to keep an accurate pair of scales and correctly weigh each bale of cotton ginned and baled by him, or caused to be ginned and baled by him, as soon as taken from the press. And he shall keep in a book, to be provided by him, a record of the number of the bales ginned and packed by him, the date each bale was ginned and packed and the name of the owner thereof.

And he shall plainly and securely place upon, or attach to, each bale of cotton so ginned and baled by him, by stamp, tag or otherwise, the number and weight thereof.

He shall be allowed to charge five cents for weighing each bale of cotton so ginned by him. And he shall give to each owner or person for whom he may gin and bale cotton a certificate showing the number and weight of each bale of cotton and the date of ginning. (1907) Sec. 3. County clerk to test scales.

It shall be the duty of the county clerk to cause to be tested by the standard or test furnished to each county clerk, the scales of each public ginner in his county once a year or as much oftener as may be necessary. (1907) Sec. 4. Inaccurate or false weighing.

That if any ginner, his agent or employee, knowingly weigh any bale of cotton inaccurately, or falsely weigh same, he shall be guilty of a misdemeanor. (1907] Sec. 5. Penalty; scope of act.

Any person who shall violate any provision of this act (Secs. 1-5), shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than ten dollars nor more than twentyfive dollars.

Provided, the provisions of this Bill shall apply only to the counties of Bradley, Drew, Ashley, Nevada, Woodruff, Lincoln, and Chicot. (1907) Acts 1923, Special, Act 259—County Weigher for

Jackson County. Sec. 1. Election.

That at the next general election for State and county officers, and every two years thereafter, there shall be elected in the same manner and under the same restrictions as provided by law for the election of other county officials, a county weigher for the County of Jackson, who shall hold his office for a term of two years, or until his successors shall have been elected and qualified. [1923] Sec. 2. Bond.

That any county weigher elected or appointed under the provisions of this Act (Secs. 1-9], before entering upon the duties of his office shall execute

a good and sufficient bond to the State of Arkansas in the sum of two thousand dollars to be conditioned upon the faithful performance of his duties as such officer, said bond to be approved by the county judge of said county. (1923] Sec. 3. Duties.

That when a county weigher is elected or appointed under the provisions of this Act (Secs. 1-9], he shall prepare a convenient place in the city of Newport in said county, easy of access to the public, and he shall keep a pair of scales which shall be tested as is now provided by law, and shall weigh, without unnecessary delay, all cotton in the bale, cotton seed and coal sold or marketed in the city of Newport or which may be delivered to purchasers in the city of Newport under a purchase made elsewhere in Jackson County. He shall also weigh any cotton in the seed, grain, cattle, hogs, or any other article of produce not above specifically mentioned sold in the city of Newport when either the buyer or seller shall demand the weighing thereof. (1923] Sec. 4. Appointment of deputies; bond.

That any county weigher elected or appointed under this Act (Secs. 1-9) shall have the power and authority to appoint one or more deputies for whose official acts he shall be responsible, and he shall require of such deputies a good and sufficient bond to the State of Arkansas in the sum of one thousand dollars conditioned upon the faithful performance of his duties as such deputy and for the protection of the county weigher for any loss which he might sustain by any act of such deputy, said appointment and bond to be approved by the county judge of said county. (1923] Sec. 5. Certificates of weight; records.

Said county weigher, and any deputy appointed, shall deliver to the person or persons having any commodities weighed a certificate giving the gin number and weight of each bale of cotton and the date of weighing, and shall also give a certificate showing the weight and the date of weighing of all cotton in the seed, coal, grain, cattle, hogs or other produce weighed by him. He shall keep a record of all cotton and other commodities weighed by him, and said record shall be kept in his office subject to public inspection at all times. [1923] Sec. 6. Fees.

Any county weigher elected or appointed under the provisions of this Act (Secs. 1-9 shall receive as full compensation for his services 10 cents for each bale of cotton weighed and cents for each wagon or truck load or each separate amount or draft of cotton, cotton seed, coal, cattle, hogs, hay, grain or other produce that he may be required or called on to weigh. Said fees for such weighing shall be paid by the purchaser. [1923]

Acts 1923, Special, Act 259—County Weigher for

Jackson County-Continued. Sec. 7. Penalty for violations.

If any person or persons, firm or corporation, other than the said county weigher or his legally appointed deputy, shall weigh or attempt to weigh any cotton in the bale, cotton seed, or coal sold or marketed in the city of Newport, where said county weigher maintains scales as provided for in this Act

(Secs. 1-9] and is acting in his official capacity in person or by legally appointed deputy, such person or persons, firms or corporations shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not less than ten dollars nor more than twenty-five dollars, and each weighing or attempted weighing of each bale of cotton

or each separate amount of cotton seed or coal shall constitute a separate offense. (1923]

Constitution, Art. XI–Legislative Power Relating to

Weights and Measures

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Deering's Business and Professions Code, Div. V,

Ch. 3-Standards of Weights and Measures Sec. 12300 Construction of contracts for work or sale of commodities

108 12201 Contract based on metric system

108 12302 Common standards of weights and measures 108 12303 State standards of weights and measures

108 12304 Same: Safekeeping of; certification of 108 12305 Same: Copies of; when used

108 12306 Same: Additional copies of; copies for deputy state sealers

108 12308 County copies of State standards

108 12309 Same: By whom furnished; test and approval of; certification of

108 12310 Same: Correction of by department

109 12311 Sealer's duty to have copies of standards in his possession tested and proved

109 12312 Certified standards as evidence

109

Sec. 14 Legislature may provide for measurement

of merchandise and appointment of offi-
cers for such measurement

103 Deering's Business and Professions Code, Div. V,

Ch. 1- General Provisions Relating to Weights and

Measures
Sec. 12001 Definitions limited to this division

103 12002 Definitions: Department

103 12003 Same: Director

103 12004 Same: State Sealer

103 12005 Same: Deputy State Sealer

103 12006 Same: County Sealer

103 12008 Same: “Sealer", when used separately 103 12009 Same: Sell

103 12010 Same: Use

103 12011 Same: Person

103 12011.5 Same: Copies; standards; copies of the standard weights and measures

103 12011.6 Same: Container

103 12012 Director's powers, how exercised

103 12013 Police powers of sealers

104 12014 Sealing or condemning without test

104 12015 Sealer's duty to prosecute

104 12016 Interference with sealer

104 12017 Corporate responsibility

104 12018 Refusal to exhibit

104 12019 False weight or measure: Definition of 104 12020 Same: Use of false weight or measure; misdemeanor

104 12021 Same: False labeling or tare; misdemeanor 104 12022 Concealing materials to increase weight; penalty

104 12023 Sale by net weight, measure, or count required

104 12024 Misrepresentation of quantity

104 12024.4 Poultry, fowl and rabbits: To be sold by

live weight, dressed weight, or table
dressed weight; marking requirements
when sold in original packages

104 12024.5 Sale of meat, fish, poultry, etc. by weight

105 12025 Refusal to exhibit commodity; misdemeanor 105 12026 Violation of provisions a misdemeanor 105 12027 Rules and regulations

105 Deering's Business and Professions Code, Div. V,

Ch. 2, Art. 1-State Administration Sec. 12100 Supervision of weighing and measuring devices

105 12101 Investigations by department of agriculture 105 12102 Departmental reports

105 12103 Departmental records

105 12103.5 Enforcement officers

105 12104 Instructions to sealers

105 12105 Departmental biennial inspections

105 12106 Equipment of state institutions to be tested 105 12107 Tolerances and specifications

106 12107.5 Container tares

required -

Deering's Business and Professions Code, Div. V,

Ch. 4Units of Weight and Measure Sec. 12400 Standard units of weight

109 12401 Same: Avoirdupois pound; hundredweight; ton; ounce

109 12402 Same: Troy ounce; pennyweight; grain 109 12403 Same: Apothecary's pound; ounce; dram; scruple; grain

109 12404 Full weight in avoirdupois tons and pounds: Violation a misdemeanor

109 12405 Standard units of measure: Gallon; quart;

pint; gill; fluid ounce; fluid dram 109 12406 Same: Barrel; hogshead

109 12407 Same: Half bushel

109 12408 Same: Subdivision of bushel

109 12409 Bushel weights

109 12410 Heap-measure sales; dimensions of measures 110 12411 Heaping of measures

110 12412 Standard units of measure; yard

110 12413 Same: Foot; inch 12414 Same: Rod; pole; perch; mile; chain; link 110 12415 Same: Acre

110 12416 Log measurement

110 12417 Same: Spaulding's Table

110 12418 Same: For long logs

114 12419 Same: Where measured

114 12420 Same: Allowance for rot, etc.

114

110

106

Deering's Business and Professions Code, Div. V,

Ch. 2, Art. 2–Local Administration Sec. 12200 County sealer: Appointment; term; removal;

expenses; deputies 12201 Same: Vacancy 12202 Examination for county and deputy county

sealers; eligibility

Deering's Business and Professions Code, Div. V,

Ch. 5–Weighing and Measuring Devices
Sec. 12500 Definitions

12500.5 Approval of types; certificates
12501 Sealing
12502 Testing and sealing after assembly
12503 Testing upon complaint
12504 Testing upon request
12505 Marking of approved devices
12506 Condemnation; seizure and rejection

114 114 114 114 114 114 115 115

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Sec. 12809 Certificate of authority to weigh

12810 Duties of weigher
12811 Personal interest of weighers forbidden
12812 Weighings outside working hours
12813 Suitable scales to be provided
12814 Reweighings; fees; tolerances
12815 Collections, how credited

12816 Violations as misdemeanors Deering's Business and Professions Code, Div. V,

Ch. 9, Art. 14Products in Burlap Bags
Sec. 12900 Tare deduction for bag; exception

12901 When tare deduction unlawful
12902 Construction of chapter

12903 Violation a misdemeanor Deering's Business and Professions Code, Div. V,

Ch. 9, Art. 2—Tare on Baled Hops Sec. 12910 Allowable weight Deering's Business and Professions Code, Div. V,

Ch. 9, Art. 3—Baling Hay
Sec. 12915 **Baler" and "presser" defined

12916 Scales to be tested and sealed
12917 Net weight
12918 Falsely increasing weight
12919 Standard weight
12920 Broken bales
12921 Penalty for violations
12925 Deduction for tags, fribs, crutchings or other

off-wools; violation a misdemeanor

122

122 122 122 122 122 123 123

123

Deering's Business and Professions Code, Div. V, Ch. 5—
Weighing and Measuring Devices Continued

Page Sec. 12507 Time allowed for repairs; seizure for failure to repair

115 12508 Removal of official tags

115 12509 Approval of repaired equipment

115 12510 Misdemeanors declared; possession of false

weight or measure prima facie evidence of
intention to violate law

115 12511 Period for use or sale of tested and correct

instruments without further test; inspec-
tion during period

115 12512 Taking more than quantity represented 116 12513 Departmental testing authority

116 12514 Sales by sealer unlawful

116 12515 Repair, sale or installation of weighing in

strument; failure to notify county sealer 116 Deering's Business and Professions Code, Div. V,

Ch. 6Containers
Sec. 12601 Purpose and construction of chapter

116 12602 Application of chapter

116 12603 Exemptions

116 12604 Definition

116 12605 False construction or fill; seizure

116 12606 General marking requirements and exceptions

116 12607 General marking requirements

117 12608 Marking for solids and fluids

117 12609 Marking in terms of avoirdupois weight, liquid measure and dry measure

117 12610 Units to be used in marking

117 12611 Marking in terms of minimum quantity 117 12612 Packing, etc., commodity in container not conforming to chapter

117 12613 Compliance with Federal laws and regulations

117 12614 When discrepancies in marking and actual contents not a violation

117 12615 Penalty for violations

118 Deering's Business and Professions Code, Div. V,

Ch. 7–Public Weighmasters Sec. 12700 Definition

118 12700.1 Persons not deemed public weighmasters 118 12700.5 Receipt showing weight of fish, etc.

118 12700.6 Warehouse receipt signed by weighmaster

constitutes issuance of state certificate -- 118 12701 Bond; license fees; issuance and revocation of licenses

118 12702 Deputies

119 12703 Seals

119 12704 Weight certificates

119 12705 Records

119 12706 Issuance of false certificate; misdemeanor; action on violation of section

120 12707 Offenses by others than weighmasters 120 12708 Reweighings upon complaint

120 12709 Identification of commodities weighed 120 12710 Method of weighing; net weight; actual weight; double draft weights

120 12711 Violations as misdemeanors

120 12712 Saving provision for municipal or port district terminal weighing

120 Deering's Business and Professions Code, Div. V,

Ch. 8—Terminal Weighing Sec. 12801 Construction of chapter

120 12802 Definition of agricultural products

120 12803 Enforcement officer; duties and powers_ 120 12804 Payment of costs

121 12805 Weighings at other places

121 12806 Fees

121 12807 Bond of weighers; temporary help

121 12808 Action by aggrieved persons

121

Deering's Business and Professions Code, Div. V,

Ch. 10—Flour and Meal Containers Sec. 13000 Standard weights; exceptions

123 13001 Penalty for violations

123 Deering's Fish and Game Code, Div. IV, Part 2,

Ch. 5, Art. 5—Weight Receipt for Fish Sec. 1091 Duty to make receipt; form; matters to be shown

--- 123 Deering's Business and Professions Code, Div. VII,

Part 1, Ch. 4, Art. 6Itinerant Merchants Sec. 16410 Necessity for carrying manifests; weight to be shown

--- 123 Deering's Business and Professions Code, Div. VIII,

Ch. 5—Standard Bread Loaf Sec. 19800 Loaves to weigh within limits set out. 123 19801 Weight of standard loaf

123 19802 Weight of standard large loaf

123 19803 Weight of twin or multiple loaves

123 19804 Marking requirements

124 19805 Exceptions

124 19806 Manufacture, etc., of bread otherwise than

provided; misdemeanor; place of inspec-
tion

124 19807 Enforcement

124 19808 Violations a misdemeanor

124

124

Deering's Business and Professions Code, Div. VIII,

Ch. 7, Secs. 20700—20982—"California Gasoline and Oil Substitution Act" and "California Crude Oil and

Gasoline Importation Act”.Deering's Business and Professions Code, Div. VIII,

Ch. 10—Antifreeze
Sec. 21700 Definitions: Antifreeze

21701 Same: Department
21704 Same: Labeling
21712 When deemed misbranded
21716 Enforcement

124 124 124 124 125

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Pago Misbranded if not prominently labeled.--- 129 Misbranded if slack filled

129 Manufacture, importation, sale, etc. when misbranded prohibited

129 Penalty for importation, manufacture, sale, etc. when misbranded

129 Exports exempted

129 Alteration of labeling

129 Misbranding prohibited

130 Possession, etc. prima facie evidence of violation

180 Penalty for violations

130 Guaranty protection

130 Kinds of guaranty; when produced

130 General guaranty

130 Special guaranty

130 Requirements of guaranty

130 Extent of guaranty's protection

130 When guaranty refers to Federal act. 130 Procedure for breach of guaranty by foreign wholesaler, etc.

130 Regulations regarding standard of fill of containers

131 Rules and regulations; exemptions

131 Sheriffs as enforcement officers

131 Right of entry

131 Taking of samples

131 Refusal to sell sample

131

131 Right to inspect factories and vehicles. 131 Discretion as to minor violations

131 Misbranded articles to be tagged

131 Seizure and quarantine when misbranded 132 Disposition after seizure and quarantine 132 Authority to seize and destroy

132 Procedure by sheriff on receipt of verified complaint

132 Distribution of samples by sheriff

132 Establishment of local enforcement divi. sions

132 “Local food inspection and enforcement division" construed

132 Duties of local division

132 Police powers of division health officer 132 Samples to be furnished local health officer by sheriff

132 Construction of article

132

Police powers

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Deering's Health and Safety Code, Div. XXI, Ch. 2–

“Pure Drugs Act" Sec. 26200 “Drug" defined

125 26201 Articles not regarded as drugs

125 26202 Device" defined

125 26204 "Label" defined

125 26205 When labeling requirements are considered complied with

125 26207 “Labeling" defined

125 26213 Scope of provisions regulating sales

125 26214 "Package" defined

125 26215 "Federal act" defined

125 26240 "Misbranded" defined

125 26241

Marking requirements; tolerances and ex-
emptions

126 26242 Misbranded if not prominently labeled 126 26249 Misleading containers

126 26252 Exemptions from labeling requirements 126 26280 Manufacture, importation, sale etc. when misbranded prohibited

126 26281 Penalty for manufacture, importation, sale, etc. when misbranded

126 26282 Exemption of goods intended for export 126 26283 Alteration of labeling

126 26285 Misbranding prohibited

126 26293 Possession, etc. prima facie evidence of violation

126 26295 Penalty for violations

126 26296 Guaranty protection

127 26297 Kinds of guaranty; when produced

127 26298 General guaranty

127 26299 Special guaranty

127 26300 Requirements of guaranty

127 26301 Extent of guaranty's protection

127 26302 When guaranty refers to Federal act

127 26303 Procedure for breach of guaranty by foreign wholesaler, etc.

127 26321 Rules and regulations

127 26326 Sheriffs as enforcement officers

127 26327 Right of entry

127 26328 Taking of sample

127 26329 Police powers

127 26330 Right to inspect factories and vehicles 128 26332 Discretion as to minor violations

128 26360 Misbranded articles to be tagged

128 26361 Seizure and quarantine when misbranded 128 26362 Disposition after seizure and quarantine 128 26380 Procedure by sheriff on receipt of verified complaint

128 26381 Distribution of samples by sheriff

128 Deering's Health and Safety Code, Div. XXI, Ch. 3

"Pure Foods Act" Sec. 26450 "Food" defined

128 26451 “Package" defined

128 26452 "Label" defined

128 26453 Compliance with labeling requirements 128 26455 "Labeling" defined

129 26459 Scope of provisions regulating sales

129 26460 "Federal act" defined

129 26461 Construction of provisions in conflict with other laws

129 26462 Application of chapter in respect to beer 129 26490 Elements of misbranding generally

129 26491 Marking requirements; tolerances and exemptions

129

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