offered for sale within the state, including the adulteration and misbranding thereof.

26. Investigate and take action to prevent illegal acts or practices in the sale or distribution of food or of fertilizers, feeding stuffs, materials, apparatus and machinery or other instrumentalities used or needed for the production, marketing and distribution of food.

30. Investigate, inspect and supervise the sale and exposure for sale of meat and meat preparations and enforce the provisions of sections four hundred thirty-five, four hundred thirty-five-a, four hundred thirty-five-b and four hundred thirtyfive-c of the penal law relating thereto and to make such rules and regulations imposing such additional requirements and restrictions upon such sale and exposure for sale as may be deemed necessary in connection with or in aid of the proper administration and enforcement of such provisions and of any other applicable laws. [1922; last amended 1940.]

1 See page 710.

Sec. 17. Delegation of commissioner's power.

The commissioner may delegate any of his powers to, or direct any of his duties to be performed by, an assistant commissioner or the director of a bureau and, except where it is otherwise provided in this chapter [Secs. 1-355] or the context otherwise requires, may delegate any of such powers to any officer or employee of the department. [1922; last amended 1935.]

Sec. 18. Rules; tolerances for food containers; enforcement of laws.

Subject and in conformity to this chapter [Secs. 1-355] and the constitution and laws of the state, the commissioner may enact, amend and repeal necessary rules which shall

1. Regulate and control the transaction of business by the department, provide for the exercise of the powers and the performance of the duties of the department and prescribe the powers and

duties of the bureaus and of the directors of bureaus and other officers and employees thereof;

5. Establish uniform tolerances or amounts of reasonable variation for containers of food and provide uniform regulations for carrying out the provisions of this chapter in relation to such containers.

6. Provide generally for the exercise of the powers and performance of the duties of the department as prescribed in this chapter and the laws of the state and for the enforcement of their

provisions and the provisions of the rules enacted as herein provided.

The rules of the department in force at the time this chapter takes effect shall continue as the rules of the department, until amended or repealed by the commissioner. [1922; last amended 1935.]

Sec. 19. Same: Publication of rules.

Every rule or regulation enacted by the commissioner pursuant to the provisions of this chapter [Secs. 1-355] and intended to have the force of law shall be promptly published once in the New York state bulletin, published by the department of state pursuant to section eighty-two of the executive law. A copy of every such rule or regulation certified by the commissioner, an assistant commissioner or the secretary of the department shall be promptly filed with the secretary of state. Every such rule or regulation shall take effect twenty days after such filing, unless some other date of taking effect shall be prescribed by the commissioner. [1922; last amended 1941.]

Sec. 20. Access to place of business.

The commissioner, each assistant commissioner and the directors, counsel, experts, chemists, agents and other officers and employees of the department shall have full access to all places of business, factories, farms, buildings, carriages, cars and vessels used in the production, manufacture, storage, sale or transportation within the state of any dairy products or any imitation thereof, or of any article or product with respect of which any authority is conferred by this chapter [Secs. 1-355] on the department. They may examine and open any package or container of any kind containing or believed to contain any article or product, which may be manufactured, sold or exposed for sale in violation of the provisions of this chapter, or of the rules of the department, and may inspect the contents therein, and take therefrom samples for analysis. [1922; last amended 1935.]

Agriculture and Markets Law, Art. 3 (McKinney's Consolidated Laws Annotated, Ch. 69, Book 2-B) -Penalties.

Sec. 39. Penalties for violation of chapter or other laws.

Every person violating any of the provisions of this chapter [Secs. 1-355], or of any other law the enforcement of which is within the jurisdiction of the department [of agriculture and markets] shall, except where other penalties are hereinafter prescribed, be subject to a penalty in the sum of not less than twenty-five dollars nor more than one hundred dollars for the first violation, nor more than two hundred dollars for the second and each subsequent violation; provided, however, that for a violation by a retail merchant of section two hundred and twelve of this chapter, or of article thirteen-a [relative to eggs] of this chapter, the

Agriculture and Markets Law, Art. 3 (McKinney's Consolidated Laws Annotated, Ch. 69, Book 2-B) -Penalties-Continued.

minimum penalty shall be ten dollars. When such violation consists of the manufacture or production of any prohibited article, each day during which or any part of which such manufacture or production is carried on or continued, shall be deemed a separate violation. When the violation consists of the sale, or the offering or exposing for sale or exchange of any prohibited article or substance, the sale of each one of several packages shall constitute a separate violation, and each day on which any such article or substance is offered or exposed for sale or exchange shall constitute a separate violation. If the sale be of milk and it be in cans, bottles or containers of any kind and if the milk in any one of such containers be adulterated, it shall be deemed a violation whether such vendor be selling all the milk in all of his containers to one person or not. When the use of any such article or substance is prohibited, each day during which or any part of which such article or substance is so used or furnished for use, shall constitute a separate violation, and the furnishing of the same for use to each person to whom the same may be furnished shall constitute a separate violation. When the storage of any article is prohibited beyond a certain period, each day during which or any part of which any article is so stored beyond the period provided for by this chapter, shall constitute a separate violation. A right of action for the recovery of, or a liability for, penalties incurred as provided in this chapter, or in any other law the enforcement of which is within the jurisdiction of the department, may be released, settled or compromised before the matter is referred to the attorney-general as provided in section forty-four of this chapter, and thereafter may be released, settled or compromised by the attorney-general, either before or after an action is brought to recover such penalties. [1923; last amended 1932.]

Sec. 40. Violations of rules or orders; penalty.

Every person, association or corporation and all agents, officers and employees thereof, shall obey every order made as provided in this chapter [Secs. 1-355], so long as such order shall be in force. A person, association or corporation who shall fail by himself, itself or through his or its agents, officers and employees, to obey any order of the commissioner [of agriculture and markets], or who shall violate any rule of the department [of agriculture and markets] shall be subject to a penalty not exceeding the sum of two hundred dollars for each and every offense. Every violation of such order, or of the rules of the department, shall be a separate and distinct offense, and in case of a continuing violation, every day's continuance

thereof shall be a separate and distinct offense. [1922]

Sec. 41. General penalty.

Except as otherwise provided by the penal law, a person who by himself or another violates any of the provisions of this chapter [Secs. 1-355] or of any other law the enforcement of which is within the jurisdiction of the department, is guilty of a misdemeanor, and upon conviction shall, except as otherwise provided in this chapter, be punished by a fine of not less than twenty-five dollars, nor more than two hundred dollars, or by imprisonment for not less than one month, nor more than six months, or by both such fine and imprisonment, for the first offense; and by not more than one year's imprisonment for the second offense. [1922; last amended 1932.]

Agriculture and Markets Law, Art. 16 (McKinney's Consolidated Laws Annotated, Ch. 69, Book 2-B) -Weights and Measures.1

1 For penalties for violations of the Agriculture and Markets Law, see Secs. 39-41, pages 691-692. For penal provisions relating to weights and measures, see Penal Law, Sec. 2410 et seq., page 711; Sec. 434, page 710; Sec. 435, page 710.

[ED. NOTE.-The Agriculture and Markets Law was enacted by Laws 1922, Ch. 48, constituting Chapter 69 of the consolidated laws. The bulk of its provisions was derived from three primary sources: Namely, Agricultural Law of 1909, Ch. 9; Farms and Markets Law of 1917, Ch. 802; and General Business Law of 1909, Ch. 25, Articles 2, 2-a, 13, 14, 15, 25a, and sections 390, 392-395, and 397.

Art. 16, Weights and Measures, was derived mainly from General Business Law of 1909, Ch. 25, Art. 2, as amended, and said Art. 2 in turn was derived from Laws 1896, Ch. 376, originally revised from Laws 1851, Ch. 134, as amended, and Laws 1829, Ch. 297.] Sec. 176. State standards.

The standard weights and measures that were furnished to this state by the government of the United States, in accordance with a joint resolution of congress, approved June fourteenth, eighteen hundred and thirty-six, and consisting of one standard yard measure and one set of standard weights, comprising one Troy pound, and nine avoirdupois weights of one, two, three, four, five, ten, twenty, twenty-five and fifty pounds respec tively; one set of standard Troy ounce weights. divided decimally from ten ounces to the one ten thousandth of an ounce; one set of standard liquid capacity measures, consisting of one wine gallon of two hundred and thirty-one cubic inches, one half gallon, one quart, one pint and one-half pin measure; and one standard half bushel, containing one thousand and seventy-five cubic inches and twenty one-hundredths of a cubic inch, according to the inch hereby adopted as standard, and such new weights, measures, balances and other appara tus as may be received from the United States a standard weights, measures, balances and appara tus in addition thereto or in renewal thereof a

well as such weights, measures, balances and apparatus as may be added by the state department of weights and measures and verified by the national bureau of standards shall be the standards of weights and measures throughout this state. [1922]

Sec. 177. Unit of length and surface.

The units or standard measures of length and surface, from which all other measures of extension, whether lineal, superficial or solid, shall be derived and ascertained, are the standards of length designated in this article [Secs. 176–197]. For measures of cloths and other commodities commonly sold by the yard, the yard may be divided into halves, quarters, eighths, and sixteenths. The rod, pole or perch, contains five and one-half yards; the mile, one thousand seven hundred and sixty yards. The chain for measuring land is twenty-two yards long and is divided into one hundred equal parts called links. The acre for land measure, shall be measured horizontally and contain ten square chains, equivalent in area to a rectangle sixteen rods in length and ten in breadth; six hundred and forty acres being contained in a square mile. [1922]

Sec. 178. Units of weights.

The units or standards of weight from which all other weights shall be derived and ascertained, shall be the standard weights designated in this article [Secs. 176-197]. The hundred-weight consists of one hundred avoirdupois pounds and twenty hundred weight are a ton. In all transactions relating to the sale or delivery of coal1 two thousand avoirdupois pounds in weight shall constitute a legal ton. [1922]

1 For weighing and selling of coal, see Sec. 197-a et seq., pages 700-702.

Sec. 179. Units of capacity.

The units or standards of measure of capacity for liquids from which all other measures shall be derived and ascertained shall be the standards designated in this article [Secs. 176-197]. The barrel is equal to thirty-one and one-half gallons and two barrels are a hogshead. The parts of the liquid gallon shall be derived from the gallon by continual division by the number two, so as to make half gallons, quarts, pints, half pints and gills. The peck, half peck, quarter peck, quart, pint and half pint measures for measuring commodities. which are not liquids shall be derived from the half bushel by successively dividing that measure by two. [1922]

Sec. 180. Duties of commissioner of agriculture and markets.

The commissioner [of agriculture and markets] shall take charge of the standards adopted by this article [Secs. 176-197] as the standards of the

state; cause them to be kept in the principal office of the department in the city of Albany, from which they shall not be removed, except for repairs or for certification, and take all other necessary precautions for their safekeeping. He shall maintain the state standards in good order and shall submit them once in ten years to the national bureau of standards for certification. He shall correct the standards of the several cities and counties and, as often as once in five years, compare the same with those in his possession, and shall keep a record of the same, and where not otherwise provided by law he shall have a general supervision of the weights, measures and measuring and weighing devices sold or offered for sale in the state or in use in the state. He shall upon the written request of any citizen, firm, corporation or educational institution of the state, test or calibrate weights, measures, weighing or measuring devices and instruments or apparatus used as standards in the state. He shall from time to time cause to be tested all weights and measures, and weighing and measuring devices used in checking the receipt or disbursement of supplies in every state institution and report in writing to the executive officer of the institution concerned; and at the request of said officers the commissioner shall appoint in writing one or more employees, then in actual service, of each institution, who shall act as special deputies for the purpose of checking the receipt or disbursement of supplies. He shall keep a complete record of the standards, balances and other apparatus belonging to the state and take receipt for the same from his successor in office. The commissioner shall inspect all standards used by the counties or cities at least once in two years and shall keep a record of the same. He shall as often as he shall deem necessary visit the various cities and counties of the state in order to inspect the work of the local sealers and in the performance of his duties he may inspect the weights, measures, balances or any other weighing or measuring appliances of any person, firm or corporation. He shall establish specifications, amounts of tolerance, or reasonable variations allowable for weights, measures and weighing and measuring devices, and shall make rules and regulations for the purpose of making clear and effective the provisions of this chapter [Secs. 1-355] relative to weights, measures and weighing and measuring devices, which rules and regulations shall have the force and effect of law, and he shall issue instructions to the county and city sealers and these shall be binding upon and govern said sealers in the discharge of their duties. [1922; last amended 1933.]

Sec. 181. Office standards.

The state shall have a complete set of copies of the original standards of weights and measures adopted by this article [Secs. 176-197], which shall

Agriculture and Markets Law, Art. 16 (McKinney's Consolidated Laws Annotated, Ch. 69, Book 2-B) -Weights and Measures-Continued.

be used for adjusting county standards, and the original standards shall not be used except for the adjustment of this set of copies and for scientific

purposes.

The commissioner [of agriculture and markets] shall see that the foregoing provisions of this section are complied with and procure such apparatus and fixtures, if the same have not already been procured, as are necessary in the comparison and adjustment of the county standards.

He shall cause all the city and county standards to be impressed with the emblem of the United States, the letters "N.Y.," and such other devices as he shall direct for the particular county. [1922] Sec. 182. County sealer of weights and measures; duties; salary; bond.

There shall be a county sealer of weights and measures in each county, except where such county is wholly embraced within a city, who shall be a resident of such county and who shall be appointed by the board of supervisors. He shall be paid a salary determined by the board of supervisors and shall be provided by them with the necessary working equipment of standard weights and measures. He shall take charge of and safely keep the county standards, and at least once in every five years shall submit such standards to the commissioner [of agriculture and markets], at the place where the standards of the state are kept, for calibration and certification. Where not otherwise provided by law, the county sealer shall have the power within his county to inspect, test, try and ascertain if they are correct and are being correctly used, all weights, scales, beams, measures of every kind, instruments or mechanical devices for measurement and the tools, appliances or accessories connected with any or all such instruments or measurements used or employed within the county by any proprietor, agent, lessee or employee in determining the size, quantity, extent, area or measurement of quantities, things, produce, article for distribution or consumption offered or submitted by such person or persons for sale, for hire or award. He shall at least twice in each year and as much oftener as he may deem necessary see that the weights, measures and all apparatus used in the county are correct. In the general performance of his official duties, he shall have the powers and perform the duties of a peace officer, and may enter or go into or upon and without formal warrant, any stand, place, building or premises or may stop any vendor, peddler, junk dealer, coal wagon, ice wagon or any dealer whatsoever, for the purposes of making the proper tests. Whenever the county sealer finds a violation of the statutes relating to weights and measures he shall, as he deems necessary, cause cor

rection to be made or cause the violator to be prosecuted. The county sealer shall keep a complete record of the work done by him and shall make an annual report to his board of supervisors, and an annual report, duly sworn to, not later than the first of December to the commissioner. The county sealer of weights and measures shall forthwith on his appointment give a bond, with sureties to be approved by the appointing power, for the faithful performance of the duties of his office and for the safety of the local standards and such appli ances for verification as are committed to his charge and for the surrender thereof immediately to his successor in office or to the person appointed by the proper authority to receive them. The board of supervisors of the county of Westchester may appoint and fix the compensation of such deputy county sealers of weights and measures as it may determine necessary, who shall be residents of such county and shall have the powers and perform the duties provided for county sealers of weights and measures by this section. The county sealer o weights and measures and the deputy county seal ers of weights and measures shall, in the county o Westchester, have jurisdiction within the entire county, including the cities and villages therein [1922; last amended 1939.]

Sec. 183. City sealer: Appointment; salary; duties.

There shall be a city sealer of weights and meas ures, or an officer having similar duties, to be ap pointed by the mayor with the approval of the common council of each city, or in such other wa He shall b as the city charter shall designate. paid a salary to be fixed and determined by th board or body authorized to determine salaries o city officials, and no fees shall be charged or re ceived by him or by the city for the inspection o testing of weights, measures or weighing or measur ing devices. He shall perform in his city th duties of and have like powers as a county sealer i a county. [1922]

Sec. 183-a. County and city deputy and assistant sealers weights and measures.

Subject to the provisions of this article [Sec 176-197] governing the qualifications, appoin ment, powers and duties of county or city sealer of weights and measures, as the case may be, eac county and city may provide for such county o city deputy and assistant sealers of weights an measures as may be deemed necessary. Whereve used in this article, the term "sealer" shall b deemed to mean and include deputy and assistan county or city sealers of weights and measures i any county or city where such officers exist.

County sealers and city sealers, and deputies an assistants, if any, may be reimbursed for actual an necessary expenses incurred in the discharge c their duties. Such expenses may be county charge in the case of county sealers and their deputies an