General Code, Throckmorton 1948, Part First, Title III, Div. II, Ch. 15-State Sealer of Weights and Measures-Continued.

Sec. 1088-1. Sealing; testing; condemning; inspection of packaged goods.

The director of agriculture or his deputy, or any other duly authorized sealer of weights and measures or his deputy, may inspect and test any weight, measure, balance or other weighing or measuring device, wherever the same is used or maintained for use, and if such weight, measure, balance or other weighing or measuring device is found to be false or fraudulent, or cannot be made to conform to the legal standard, the same shall be condemned and confiscated by the said sealer or deputy sealer. The director of agriculture, or his deputy, or any other authorized sealer of weights and measures, or his deputy, may inspect packaged goods to determine whether the labeling and net contents of said packaged goods are in accordance with sections 13128, 13128-2 and 13128-131 of the General Code of Ohio. [1945]

1 See page 792.

Sec. 1088-2. Devices registering price and weight; testing; sealing; condemning.

The director of agriculture or any duly authorized sealer of weights and measures or his deputy, shall inspect and test any weights and measures, balances and weighing or measuring devices having a device for indicating or registering the price as well as the weight or quantity of commodities both as to correctness of weight or quantity and value indicated by them, the director or any sealer of weights and measures or his deputy shall seal such weights and measures, or balances and weighing and measuring devices as shall be tested and found correct, and, after ten days' notice, in writing, to the owner shall condemn or seize such as are found to be incorrect, and shall seal such weights and measures, balances, weighing and measuring devices having a device for indicating or registering the price as well as the weight or quantity of commodities only when correct, both in indications of weight or quantity and value, and shall condemn or seize such in which the graduations or indications are found to be false or inaccurately placed either as to weight or quantity or value. [1943]

Sec. 1088-3. County standards.

Copies of the original standards of the following materials, shall be procured by the state sealer for the use of each county in this state, not already furnished, in pursuance of law, and be delivered by him to the auditor thereof: One-half bushel measure, of one-eighth inch copper, with brass rim; one gallon measure, of one-sixteenth inch copper, with brass rim and handle; one-half gallon, one quart, one pint, and one-half pint measure, to be made in

e same manner and of the same material; fifty, twenty-five, twenty, ten, five, four, three, two and one pound weights, avoirdupois, to be made of castiron, turned, polished, and trimmed; and one-half pound, one quarter pound, two ounce, one ounce, half ounce, and quarter ounce weights, troy, to be made of brass; one brass yard measure, graduated into feet, inches and tenths. [1943]

Sec. 1088-4. Same: Seal thereon.

The state sealer shall cause to be impressed on each of the copies, so to be delivered to the counties, the letter "O", and such other device for each county as he directs before its deposit in the county auditor's office. Such device shall be recorded in the state sealer's office, and a copy thereof furnished to the auditor of the proper county. [1943]

Sec. 1088-5. Municipal standards.

The state sealer shall furnish like copies of the original standards to the sealer of any city or village upon application therefor, and payment of the cost thereof, by such city or village. [1943]

Sec. 1088-6. Expense drawn from general revenue fund.

The state sealer shall render accounts to the auditor of state of all moneys by him paid or liabilities incurred in procuring and delivering copies of the standards to the counties; and the auditor shall audit such accounts and draw his warrants on the state treasurer for the amounts he finds due, which must be paid by the treasurer out of any moneys to the credit of the general revenue fund.

Sec. 1088-7. Inspection of gas meters.

[1943]

The state sealer of weights and measures shall have charge of all the apparatus and property, belonging to the state, intended for the inspection of illuminating gas and gas meters, and the testing of the registration of meter-provers; he shall test the registration of all meter-provers that may be presented to him for that purpose, and stamp and seal all such meter-provers so tested, that are found correct for testing the registration of gas meterprovers, to be paid by the person requiring such service, he shall be allowed the sum of five dollars for each meter-prover tested. [1943]

General Code, Throckmorton 1948, Part First, Title X, Ch. 3-County Sealer of Weights and Measures. Sec. 2615. County auditor as county sealer; duties.

By virtue of his office, the county auditor shall be county sealer of weights and measures and shall be responsible for the preservation of the copies of the original standards delivered to his office. It shall be the duty of the county auditor to see that all state laws relating to weights and measures be strictly enforced throughout his county and to assist generally in the prosecution of all violations of such laws. [1861; last amended 1910.]

Sec. 2616. County sealer and deputy: Duties; penalty for violating section.

The county sealer or his deputy, shall compare all weights and measures, balances, weighing and measuring devices used in the purchase and sale of commodities, with the copies of standards in his possession. When they are made to conform to the legal standards, the officer comparing them shall seal and mark such weights and measures. No weight, measure, balance or other weighing or measuring device shall be used or maintained for weighing and measuring in this state unless such weight, measure, balance or other weighing or measuring device has been sealed or marked by the director of agriculture or any employe of the director detailed for that purpose, or by the county sealer of the city or village in which the same is used or maintained, and by stamping upon each the letter "O" and the last two figures of the year in which it has been compared with legal standards, adjusted and found or made to conform to said standards, with seals approved by said director of agriculture, for that purpose. Whoever violates any of the provisions of this section shall be fined not less than fifty dollars nor more than one hundred dollars for the first offense and for each subsequent offense shall be fined not less than one hundred dollars nor more than five hundred dollars and imprisoned for not more than ninety days or both. A justice of the peace, police judge, or mayor shall have jurisdiction in such cases as in cases of violation of law relating to the adulteration of food and drink and dairy products. [1861; last amended 1945.]

Sec. 2617. Duty to turn over standards, etc., to successor.

When a county sealer resigns, is removed from office, or removes from the county, he shall deliver to his successor in office the standards, beams, weights, and measures in his possession. In case of the death of a county sealer his representative shall, in like manner, deliver to his successor in office such beams, weights, and measures. [1861]

Sec. 2618. Penalty for refusal to turn over standards.

In case of neglect or refusal to deliver such standards entire and complete, the successor in office may maintain a civil action against the person so refusing or neglecting, and recover double the value of such standards as have not been delivered, with costs of suit, which shall be by him appropriated to the purchase of such standards as are required in his office. [1861]

Sec. 2619. Surveyor's testimony; surveying instruments to conform to standards.

No surveyor shall give evidence in a cause pending in any of the courts of this state, or before arbitrators, respecting the survey or admeasurement of any lands, unless such surveyor makes oath, if required, that the chain or measure used by him

was conformable to the standards of this state. [1861]

Sec. 2620. Penalty for using false weights and measures.

If any person hereafter uses any weights, measures, or beams, in weighing or measuring, which do not conform to the standards of the state, or any other measures established by law, whereby a dealer in, purchaser, or seller of, any commodity or article of traffic is injured or defrauded, such dealer, purchaser, or seller, may maintain a civil action against the offender, and if judgment is rendered him, he shall receive double damages and costs of suit. [1861]

Sec. 2621. Preceding two sections not enforced, when.

The provisions of the preceding two sections shall not be enforced in any county, unless it has been furnished with copies of the standards of this state', at least six months previous to such measuring or surveying. [1861]

1 See Sec. 1088-3, page 768.

Sec. 2622. Appointment of deputy under seal; salary.

Each county sealer of weights and measures shall appoint by writing under his hand and seal, a deputy who shall compare weights and measures wherever the same are used or maintained for use within his county, or which are brought to the office of the county sealer for that purpose, with the copies of the original standards in the possession of the county sealer, who shall receive a salary fixed by the county commissioners, to be paid by the county, which salary shall be instead of all fees or charges otherwise allowed by law. Such deputy shall also be employed by the county sealer to assist in the prosecution of all violations of laws relating to weights and [1861; last amended 1911.] General Code, Throckmorton 1948, Part First, Title XII, Ch. 7—City Sealer of Weights and Measures. Sec. 4318. Appointment; term.

measures.

The mayor may appoint a sealer of weights and measures, who shall hold office co-extensive with the term of office of the mayor who made his ap pointment, and until his successor is appointed and qualified, unless otherwise removed from office. [1861; last amended 1908.]

Sec. 4319. Qualifications; salary.

The sealer of weights and measures shall be a competent person for the position, and shall receive a salary fixed by ordinance, to be paid by the corporation, which salary shall be instead of all fees or charges otherwise allowed by law or ordinance. [1861; last amended 1908.]

Sec. 4320. Oath; bond.

Before entering upon his duties, the sealer of weights and measures shall take the oath of office

General Code, Throckmorton 1948, Part First, Title XII, Ch. 7-City Sealer of Weights and Measures -Continued.

required by law, and give bond to the corporation in such amount as is prescribed by ordinance, with security to the approval of the mayor, and conditioned for the faithful performance of his duties. [1861; last amended 1908.]

Sec. 4321. Comparison of city standards with county standards.

At least once in three years, the sealer of weights and measures shall compare the copy of standards in his possession with those in the office of the county sealer. [1861; last amended 1908.]

Sec. 4322. Testing municipal weights and measures; sealing; condemning.

The sealer of weights and measures shall compare all weights and measures, balances, weighing and measuring devices used in the purchase and sale of commodities with the copies in his possession. Any weights and measures, balances and weighing and measuring devices having a device for indicating or registering the price as well as the weight or quantity of commodities shall be tested by him both as to correctness of weight or quantity and value indicated by them; such sealer shall seal such weights and measures, balances and weighing and measuring devices as shall be tested and found correct, and, after ten days' notice in writing to the owner, shall condemn or seize such as are found to be incorrect, and shall seal such weights and measures, balances, weighing and measuring devices having a device for indicating or registering the price as well as weight or quantity of commodities only when correct both in indications of weight or quantity and value, and shall condemn or seize such in which the graduations or indications are found to be false or inaccurately placed either as to weight or quantity or value. [1861; last amended 1908.]

General Code, Throckmorton 1948, Part Second, Title 2, Ch. 32-Weights and Measures.

Sec. 6403. Standards; metric system.

The standard weights and measures furnished this state by the secretary of the treasury of the United States under a resolution of congress, approved June fourteen, one thousand eight hundred and thirty-six, shall be the legal standard of weights and measures throughout the state. This chapter [Secs. 6403-6422-10] shall not prevent the use of the weights and measures of the metric system, authorized by congress of the United States, as it appears in the revised statutes of the United States. [1861; last amended 1875.]

Sec. 6404. Same: Construction of standards.

Contracts for work to be done, or for anything to be sold by weight or measure, shall be construed

according to the standards hereby adopted as the standards of this state. [1880]

Sec. 6405. Same: Length and surface; yard.

The unit of standard measure of length and surface, from which all other measures of extension, whether lineal, superficial or solid, shall be derived and ascertained, is the standard yard, in possession of the secretary of state, and furnished by the gov ernment of the United States. The yard shall be divided into three equal parts, called feet, and each foot into twelve equal parts, called inches. For the measure of cloths and other commodities commonly sold by the yard, it may be divided into halves, quarters, eighths and sixteenths. [1861]

Sec. 6406. Same: Rod; mile; chain.

The rod, pole or perch shall contain five and a half such yards, and the mile, one thousand seven hundred and sixty such yards. The chain for measuring land shall be twenty-two yards long, and be divided into one hundred equal parts, called links. [1880]

Sec. 6407. Same: Acre.

The acre for land measure shall be measured horizontally, and contain ten square chains, and be equivalent in area to a rectangle sixteen rods in length and ten rods in breadth. Six hundred and forty such acres shall be contained in a square mile. [1880]

Sec. 6408. Same: Perch of mason work or stone.

The perch of mason work or stone shall consist of twenty-five cubic feet. [1880]

Sec. 6409. Same: Cord.

The standard measure of a cord of fire-wood or tan-bark shall be one hundred and twenty-eight cubic feet, well stowed and packed. [1880] Sec. 6410. Standard weights.

The units or standards of weight from which all other weights shall be derived and ascertained shall be the standard avoirdupois and troy weights furnished this state by the United States government. [1880]

Sec. 6411. Standard pound; divisions thereof; ton.

The avoirdupois pound, which bears to the troy pound the ratio of seven thousand to five thousand seven hundred and sixty, shall be divided into sixteen equal parts called ounces. The hundred weight except of pig-iron and iron ore, shall consist of one hundred avoirdupois pounds, and twenty hundred weight shall constitute a ton. The troy ounce shall be equal to the twelfth part of a troy pound. [1861]

Sec. 6412. Standard liquid measure.

The unit or standard measure of capacity for liquids, from which all other measures of liquids shall be derived and ascertained, shall be the stand

ard gallon, and its parts, furnished this state by the government of the United States. [1880]

Sec. 6412-1. Standard milk and cream containers; exception. That bottles and other containers used for the sale and distribution of milk, cream and other fluid dairy products at retail, shall be of the capacity of one (1) gallon, one-half (2) gallon, one (1) quart, one (1) pint, one-half (2) pint, and one (1) gill, and shall be filled full to the base of the lip, the cap-seat, or the stopper, or to some other such designating mark.

The provisions of this act [Secs. 6412-1 to 6412-4] shall not apply to retail sales of cream furnished as a part of a meal in cafeterias, restaurants, or dining rooms, nor to retail sales of manufactured fluid milk products sold in hermetically sealed cans. [1941]

Sec. 6412-2. Same: Tolerances.

The following deviations on individual bottles or other containers used for such products for such purposes, may be allowed, but the average contents of not less than twenty-five (25) bottles selected at random from at least four (4) times the number tested, must not be in error by more than onequarter (4) of the tolerances:

Twelve drams above and twelve drams below on the one gallon, six drams above and six drams below on the half gallon, four drams above and four drams below on the quart, three drams above and three drams below on the pint, two drams above and two drams below on the half pint and two drams above and two drams below on the gill. [1941]

Sec. 6412-3. Same: Status of existing statutes; enforcement.

The provisions of this act [Secs. 6412-1-6412-4] shall in no way cause the repeal of any existing statutes or regulations relating to standards of weights and measures now existing as established by any previous act of this legislature, or regulations promulgated pursuant thereto, but shall supersede any such existing provisions as they may relate specifically to the sale and distribution of the products herein named, and the director of agriculture as state sealer shall be charged with the responsibility of procuring the enforcement of these provisions, and is specifically authorized to promulgate and place in force any such reasonable regulations as may be necessary and expedient to facilitate such enforcement by the department of agriculture. [1941]

Sec. 6412-4. Same: Penalties for violations.

Whoever violates any provision of this act [Secs. 6412-1-6412-4] shall be guilty of a misdemeanor, and for the first offense shall be fined not less than ten dollars nor more than fifty dollars, plus fifty cents for each and every bottle or other container filled, used, or otherwise trafficked in by him in.

violation of any foregoing provisions, and for each subsequent offense, not less than twenty-five dollars and not more than one hundred dollars, plus fifty cents for each and every bottle or other container filled, used, or otherwise trafficked in by him in violation of any foregoing provision. [1941]

Sec. 6413. Standard barrel and hogshead; brand.

The barrel shall contain thirty-one and one-half gallons, and two barrels shall constitute a hogshead. Barrels, for the purpose of containing apples, potatoes, onions or other fruit, produce or vegetables, shall be made of staves of seasoned timber, twentyeight and one-half inches in length with cut heads of seventeen and one-eighth inches in diameter and shall measure at the bulge not less than sixty-six inches in circumference, outside measure. Such barrel shall be known as "the standard barrel", and on the outside of one or more of the staves thereof shall be stamped or branded the words "State of Ohio, standard," the name of the cooper or manufacturer thereof and the name of the city or town nearest to which the cooper shop or place of business of such manufacturer is located. [1848; last amended 1896.]

Sec. 6414. Standard half-bushel.

The unit or standard measure of capacity for substances other than liquids, from which all other measures of such substances shall be derived and ascertained, shall be the standard half-bushel measure furnished this state by the government of the United States, the interior diameter of which is thirteen inches and thirty-nine-fortieths of an inch, and the depth is seven inches and one-twenty-fourth of an inch. [1880]

Sec. 6415. Standard dry measure.

The peck, half-peck, quarter-peck, quart and pint measures for measuring commodities other than liquids, shall be of the interior dimensions and capacities as follows, to-wit: the peck measure shall be eleven inches in interior diameter, five and five-eighths inches in interior depth, and shall contain five hundred thirty-seven and six-tenths cubic inches; the half-peck measure shall be eight and one-half inches in interior diameter, four and three-quarter inches in interior depth, and shall contain two hundred sixty-eight and eight-tenths cubic inches; the quarter-peck measure shall be six and five-eighths inches in interior diameter, three and seven-eighths inches in interior depth, and shall contain one hundred thirty-four and four-tenths cubic inches; the quart measure shall be five and five-sixteenths inches in interior diameter, three inches in interior depth, and shall contain sixtyseven and two-tenths cubic inches; the pint measure shall be four and one-half inches in interior diameter, two and nine-twenty-fifths inches in interior depth, and shall contain thirty-three and six-tenths cubic inches. [1880; last amended 1913.]

Unless otherwise agreed to, all of the above mentioned articles shall when dealt in by the bushel, be bought and sold upon such actual bulk weight, and no test for moisture shall be used to change the standards herein provided. The prosecuting attorney of each county shall enforce the provisions of this act [Section]. Any person, firm, company, corporation, agent or employee violating any of the provisions of this section shall be deemed guilty of misdemeanor, and upon conviction shall be fined not more than one hundred dollars, or imprisoned in the county jail (if a company or corporation its president), not more than six months, or both. [1869; last amended 1947.]

1 A slight rearrangement has been made for convenience of reference.

Sec. 6418-1. Fruits and vegetables to be sold upon basis of weight or count; exception; definitions; penalty for violation.

All articles of food, other than liquids, which are capable of being measured by dry capacity measure and which heretofore have been sold by dry

capacity measure in this state shall, except as here inafter provided, be offered for sale or sold upor the basis of avoirdupois net weight or by numerica count only, and it shall be unlawful for anyone t use or employ any dry capacity measure, basket barrel or container of any kind as a means of de termining the amounts or quantities of any sud articles of food offered for sale or sold. The provi sions of this section shall not be construed to appl

to:

a. Fruits and vegetables offered for sale or sol in original standard containers; or

b. Articles of food offered for sale by farmer except in any farmers' public market, in open o uncovered original standard containers; or

c. Vegetables which by common custom are o fered for sale or sold by the bunch; or

d. Fresh berries and other small fruits, whic are customarily offered for sale and sold by the box, basket or other receptacle, except, howeve when such fresh berries and 'other small fruits ar offered for sale or sold in bulk, in which case th provisions of this section shall apply to the exter that such fresh berries and other small fruits sha be offered for sale and sold by avoirdupois ne weight only. But all fresh berries and such othe small fruits, when offered for sale or sold shall b so offered for sale or sold in boxes, baskets or r ceptacles of uniform size to hold two quarts, or quart or one pint dry measure only, uniformly an evenly filled throughout.

As used in this section:

"Dry capacity measure" means only bushel, hal bushel, peck, half-peck, quarter-peck, quart, hal pint and similar measures.

"Original standard container" means only ba rels, boxes, baskets, hampers or similar container the dimensions or capacity of which is establishe by law of this state or by act of Congress, the co tents of which have not been removed or repacke and upon which is plainly and conspicuous marked the net quantity of contents thereof terms of weight, measure or numerical count.

Any person violating any of the provisions this section shall, for the first offense, be liable to penalty of not less than twenty-five nor more th fifty dollars, for a second offense to a penalty of n less than fifty nor more than one hundred dolla and for each subsequent offense to a penalty of n less than one hundred nor more than two hundr dollars. [1947]

Sec. 6419. Standard measure for stone coal and lime.

The standard bushel of stone coal, coke a unslacked lime, shall contain twenty-six hund and eighty-eight cubic inches; and the measure measuring such articles shall contain two bush and be of the following interior dimensio twenty-four inches diameter at the top, twer inches at the bottom, and fourteen and one-ter inches deep. [1848; last amended 1875.]