shall mark in conspicuous letters in the English language upon each container or associate with each shipment or some document relative thereto the information required by sections 4

The information may either be branded or printed directly on the bag or other shipping container, or may be printed on a tag, label or certificate which shall be affixed to the shipping container or otherwise associated with the shipment, as provided in this section. [1935; last amended 1947.]

Sec. 3-8a-9. Same.

If shipped in bags, barrels or other containers commonly used, the data required by sections 4

shall be printed either directly on the package, or on tags to be affixed to the package by the manufacturer.

If shipped in bulk by rail, the data shall be printed on a suitable label which shall be fastened on the inside wall of the car near the door. [1935; last amended 1947.]

Sec. 3-8a-22. Rules and regulations for enforcement; "stop sale" order.

For the enforcement of this act [Secs. 3-8a-1-38a-27] the state board of agriculture is authorized to prepare and issue such regulations as may be necessary, and to cooperate with any department or agency of the government of this state as the said board may elect in their enforcement.

It shall be the duty of the board to issue and enforce a written or printed "stop sale" order to the owner or custodian of any lot of mixed fertilizer or fertilizer material and to hold at a designated place when the board or its authorized agents find said fertilizer is being offered or exposed for sale in violation of any of the provisions of this act until the law has been complied with and said fertilizer is released in writing by the board or its authorized agents or said violation has been otherwise legally disposed of by written authority; Provided, That after a period of sixty days from the date of the "stop sale" order, if no attempt is made to comply with the law, said lot or lots of fertilizer shall be forfeited to the state of Utah. The board shall have the authority to dispose of said fertilizer in any manner consistent with the quality of fertilizer and the laws of the state. The board, however, may in its discretion release the fertilizer so withdrawn when the requirements of the provisions of this act have been complied with and upon payment of all costs and expenses incurred in connection with the withdrawal. [1935; last amended 1947.]

Sec. 3-8a-24. Violation a misdemeanor.

Each of the following offenses shall be a misdemeanor:1

(a) The violation of any one of the following

Every person who manufactures for sale, sells, exchanges or delivers, or offers to sell, exchange or deliver, or has in his possession with intent to sell, misbranded exchange or deliver, any article of food, drink, or confectionery, or who adulterates or misbrands any article of food, drink, or confectionery, is guilty

of a misdemeanor.1 [1903]

1 See Sec. 103-1-16, page 1016, punishment for misdemeanor. Sec. 3-10-6. Same: Definition.

The term "food" as used in this chapter [Secs. 3-10-1-3-10-72] shall include all articles, whether simple, mixed or compound, used for food, drink, confectionery or condiment by man or beast; and the name and address of the manufacturer or distributor shall appear upon the label of all food offered for sale in package form. [1903; last amended 1919.]

Sec. 3-10-9. Same: When deemed misbranded; marking requirements.

The term "misbranded" as used herein shall apply to all drugs and articles of food, and 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 fraudulent in any particular, For the purposes of this chapter [Secs. 3-10-1-3-10-72] an article shall also be deemed to be misbranded:

In the case of foods:

(3) If when in package form the net quantity of the contents is not plainly and conspicuously marked on the outside of the package in terms of weight, measure or numerical count; provided, that reasonable variation and tolerance shall be permitted by rules and regulations made in accordance with this chapter by the state board of agriculture. [1903; last amended 1913.]

Code Annotated 1943, Vol. 1, Title 3, Ch. 10-Food and Dairy Products-Continued.

Sec. 3-10-17. Babcock test; standard glassware; penalties.

The method of operating and the equipment used in the Babcock test or any other test for the determination of the percentage of butter fat in the purchase of milk or cream shall be that prescribed by the latest edition of the methods of the association of official agricultural chemists. Cream shall be tested by weight and the standard unit for testing shall be either nine grams or eighteen grams. It is hereby made a misdemeanor 1 to use any other standards of milk or cream measures where milk or cream is purchased by or furnished to creameries or cheese factories and where the value of such milk or cream is determined by the percentage of butter fat contained in the same by the Babcock test. In sampling cream or milk from which composite tests are to be made to determine the percentage of butter fat contained therein no such sample or sampling shall be lawful unless a sample is taken from each weighing and the quantity thus tested shall be proportioned to the total weight of the cream or milk tested. Every person operating a creamery when using the Babcock test as a standard to determine the value of any milk or cream received or bought by such person to be manufactured into butter shall when paying for such milk or cream include in every statement or check issued to any patron in payment thereof a statement of the number of pounds of butterfat for which payment is made. Any person who offers for sale or sells a milk pipette or measure, test tube or bottle which is not correctly marked or graduated as herein provided is guilty of a misdemeanor.1 It shall be unlawful for any person to falsely manipulate or under-read or overread the Babcock test or any other contrivance used for determining the quantity or value of milk or cream, or to make any false determination by Babcock test or otherwise. [1911; last amended 1937.]

1 See Sec. 103-1-16, page 1016, punishment for misdemeanor. Sec. 3-10-42. Food: Confiscation.

And any article found in the possession of any person in violation of this chapter [Secs. 3-10-13-10-72] shall be subject to confiscation and may be destroyed by the commissioner of agriculture. [1896; last amended 1913.]

Sec. 3-10-45. Same: Guaranty protection.

No dealer in food or drink products shall be held liable to prosecution, if he can establish that the goods in question were sold to him under a guaranty by a wholesaler, manufacturer, jobber, dealer or other person residing in the United States. [1907]

Sec. 3-10-72. General penalty.

Whoever violates any of the provisions of this chapter [Secs. 3-10-1-3-10-72] where no other penalty is provided is guilty of a misdemeanor.1 [1911]

1 See Sec. 103-1-16, page 1016, punishment for misdemeanor. Code Annotated 1943, Vol. 3, Title 46, Art. 3-Intoxicating Liquors.

Sec. 46-0-48. Packages: Utah liquor control commission to determine capacity.

Subject to the provisions of this act [Secs. 46-043-46-0-252], the commission shall:

(i) Determine the nature, form and capacity of all packages to be used for containing liquor kept or sold under this act. [1935]

Code Annotated 1943, Vol. 3, Title 55, Ch. 3—Mine Scales.

Sec. 55-3-1. Owner to provide scales; miner's car weighed at standstill.

The owner, agent or operator of every coal mine at which the miners are paid by weight shall provide at such mine suitable and accurate scales of standard manufacture for the weighing of all coal which shall be hoisted or delivered from such mine. When coal is weighed in the miner's car such car shall be brought to a standstill on the scales before the weight is taken. [1897]

Sec. 55-3-2. Weighmen: Oath; record.

Such owner, agent or operator shall require the person authorized to weigh the coal to take and subscribe an oath to keep the scales correctly balanced, to accurately weigh and to correctly record the gross or screened weight, to the nearest ten pounds, of each miner's car of coal delivered, and such oath shall be kept conspicuously posted at the place of weighing. The record of the coal mined by each miner shall be kept separate, and shall be opened to his inspection at all reasonable hours, and also to the inspection of all other persons pecuniarily interested in the mine. [1897]

Sec. 55-3-3. Check weighmen: Duties and powers; oath.

In all coal mines the miners employed and working therein may furnish a competent checkweighman at their own expense, who shall at all proper times have full right of access to and examination of such scales or machinery and right of inspection of measuring apparatus, and weights of coal mined and of accounts kept of the same; provided, that no more than one person on behalf of the miners collectively shall have such right of access, examination and inspection of scales, measures and accounts at the same time, and that such person shall cause no unnecessary interference with

the use of such scales, machinery or apparatus. Such agent of the miners shall before entering upon his duties take and subscribe an oath that he is duly qualified and will faithfully discharge the duties of check-weighman. Such oath shall be kept conspicuously posted at the place of weighing. [1897]

Sec. 55-3-4. Fraudulent weighing; misdemeanor.

Any person having or using any scales, for the purpose of weighing the output of coal at mines, so arranged or constructed that fraudulent weighing may be done thereby, or who knowingly resorts to or employs any means whatsoever by reason of which such coal is not correctly weighed or reported in accordance with the provisions of this chapter [Secs. 55-3-1-55-3-6]; and any weighman or check-weighman who fraudulently weighs or records the weights of such coal, or connives at or consents to such fraudulent weighing, is guilty of a misdemeanor.1 [1897]

1 See Sec. 103-1-16, page 1016, punishment for misdemeanor. Sec. 55-3-5. Inspection; notice of incorrect scale; offense; penalty.

It shall be the duty of the industrial commission to examine all scales used at any coal mine for the purpose of weighing coal taken out of such mine, and on inspection, if found incorrect, it shall notify the owner or agent of such mine that they are incorrect. After such notice it shall be unlawful for any owner or agent to use or suffer the same to be used, until such scales are so adjusted that the same will give correct weight. Any person violating the provisions of this section is guilty of a misdemeanor.1 [1897]

1 See Sec. 103-1-16, page 1016, punishment for misdemeanor. Sec. 55-3-6. Shipping coal; procedure of weighing; penalty. It is hereby made the duty of all persons engaged in the mining or shipping of coal from any mine or point within this state to weigh each empty car before it is loaded and to note the weight thereof upon the bill of lading, and to weigh each car after the same is loaded and to note the weight thereof upon the bill of lading or waybill of the same. Any person violating the provisions of this section is guilty of a misdemeanor.1 [1913]

1 See Sec. 103-1-16, page 1016, punishment for misdemeanor. Code Annotated 1943, Vol. 4, Title 76, Ch. 3-Railroads, Weighing of Coal.

Sec. 76-3-12. Weighing in carload lots; track scales.

No common carrier shall collect from any consignee for coal in carload lots delivered at any point within this state freight charges for any weight in excess of the actual weight of the coal delivered to said consignee, if railroad track scales are maintained at the point of delivery or in the

the line of transit; and in determining the actual weight of such coal the common carrier shall be entitled to take the weight of the empty car, as determined by weighing such car at the point where the coal is loaded for shipment, and to deduct such weight from the gross weight of the car and coal as weighed on the railroad track scales at the point nearest in the line of transit to the point of delivery. Such weighing shall be done within a reasonable time after the arrival of the car at its destination. No charge shall be made to the consignee by such common carrier for such weighing. If the difference between the original net weight as determined at the point of shipment and the net weight obtained by reweighing at the track scales nearest in the line of transit to or at the destination does not exceed 200 pounds on a carload of coal, then the weight determined at the point of shipment shall not be changed. [1919] Sec. 76-3-13. Weighman's certificate.

Before the payment by the consignee of the freight upon any carload of coal delivered by a common carrier within this state, if track scales are maintained in the line of transit to or at the place of delivery, such common carrier shall deliver to said consignee a certificate signed by a competent and disinterested weighman, stating the gross weight of the car and the coal contained therein as weighed at the track scales nearest in line of transit to the destination or at the point of delivery, and shall indorse on such certificate the weight of the empty car as determined at the point where such coal was loaded, and no freight charges for the transportation of any such coal shall be due or payable until the same has been so weighed and the certificate of the weight thereof given. [1919]

Sec. 76-3-14. Penalty for violating two preceding sections.

Any carrier who collects freight on a carload of coal where railroad track scales are maintained in the line to or at the point of delivery without causing the same to be weighed within the time and in the manner required by the next two preceding sections is guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than $100 nor more than $299. [1919] Code Annotated 1943, Vol. 4, Title 76, Ch. 4-Public Utilities Commission, Powers.

Sec. 76-4-17. Railroad track scales and weights; testing.

(4) The commission [public utilities commission of Utah] shall also have power to enforce reasonable regulations for the weighing of cars and freight offered for shipment over any line of railroad, and to test the weights made be [by] any railroad corporation and scales used in weighing freight on cars. [1917]

Code Annotated 1943, Vol. 4, Title 76, Ch. 4-Public Utilities Commission, Powers-Continued.

Sec. 76-4-18. Electric gas and water meters: Rules and regulations; testing.

The commission [public utilities commission of Utah] shall have power, after a hearing, to ascertain and fix just and reasonable standards, classifications, regulations, practices, measurements or service to be furnished, imposed, observed and followed by all electrical, gas and water corporations; to prescribe reasonable regulations for the examination and testing of such products, commodity or service and for the measurement thereof; to establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurements; and to provide for the examination and testing of any and all appliances used for the measurement of any product, commodity or service of any such public utility. [1917]

Sec. 76-4-19. Same: Right of entry; testing.

The commissioners and officers and employees of the commission [public utilities commission of Utah] shall have power to enter upon any premises occupied by any public utility for the purpose of making the examinations and tests and exercising any of the other powers provided for in this title [Secs. 76-1-1-76-6–30] and to set up and use on such premises any apparatus and appliances necessary therefor. The agents and employees of such public utility shall have the right to be present at the making of such examinations and tests. [1917]

Sec. 76–4–20. Same: Testing upon request; fees.

Any consumer or user of any product, commodity or service of a public utility may have any appliance used in the measurement thereof tested, upon paying the fees fixed by the commission [public utilities commission of Utah]. The commission shall establish and fix reasonable fees to be paid for testing such appliances on the request of the consumer or user; the fee to be paid by the consumer or user at the time of his request, but to be paid by the public utility and repaid to the consumer or user under such rules and regulations as may be prescribed by the commission, if the appliance is found defective or incorrect to the disadvantage of the consumer or user. [1917] Code Annotated 1943, Vol. 5, Title 100, Ch. 1-Measurement of Water.

Sec. 100-1-2. Unit of measurement.

The standard unit of measurement of the flow of water shall be the discharge of one cubic foot per second of time, which shall be known as a second foot; and the standard unit of measurement

of the volume of water shall be the acre foot, being the amount of water upon an acre covered one foot deep, equivalent to 43,560 cubic feet. [1919] Code Annotated 1943, Vol. 5, Title 103, Ch. 1, Art. 1— Penal Code, Misdemeanors.

Sec. 103-1-16. Punishment when not otherwise prescribed.

Except in cases where a different punishment is prescribed by law, every offense declared to be a misdemeanor is punishable by imprisonment in a county jail not exceeding six months or by a fine in any sum less than $300, or by both. In all cases where a corporation is convicted of an of fense for the commission of which a natural person would be punishable as for a misdemeanor and there is no other punishment prescribed by law, such corporation is punishable by a fine not exceeding $1,000. [1876; last amended 1898.]

Code Annotated 1943, Vol. 5, Title 103, Ch. 4-Penal Code, False Advertising.

Sec. 103-4-1. Unlawful acts.

Every person, whether acting on his own behalf or on behalf of another, who, with intent to sell or in any way dispose of real or personal property, choses in action, merchandise, service or anything of any nature whatsoever offered by such person, directly or indirectly, to the public for sale, use or distribution, or with intent to increase the consumption thereof, or to induce any member of the public to enter into any obligation relating thereto, or to acquire title thereto, or any interest therein, publishes, disseminates, circulates, or causes to be published, disseminated or circulated, or who in any manner places, or causes to be placed, before the public in this state, by any newspaper, magazine, book, pamphlet, circular, letter, handbill, placard, poster or other publication, or by any billboard, sign, card, label or window sign, showcase or window display, or by any other advertising device, or by public outcry or proclamation, or by telephone or radio, or in any other manner whatever, an advertisement regarding such property or service so offered to the public, which advertisement shall contain any statement, representation or assertion concerning such property or service, or concerning any circumstance or matter of fact connected in any way, directly or indirectly, with a proposed sale, performance or disposition thereof, which statement, representation or assertion is false in any respect, or which is deceptive or misleading, and which is known, or by the exercise of reasonable care could be known to be false, deceptive or misleading, to the person publishing, disseminating, circulating or placing before the public such advertisement, is guilty of a misdemeanor.1 [1929]

1 See Sec. 103-1-16, above; punishment of misdemeanor.