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prescribed by the Board (State Board of Pharmacy), where compliance with such provisions would be impracticable.

(4) If any word, statement, or other information required on the label under any provision of this article (Secs. 54–461–54–474] is not prominently placed thereon in such manner as to be easily seen and in such terms as to be readily understood by the purchasers and users of such articles under customary conditions of purchase and use, due consideration being given to the size of the package. [1938; last amended 1948.) Sec. 54-469. Prohibited acts.

The following acts and the causing thereof are hereby prohibited:

(1) The introduction or delivery for introduction into commerce of any drug or cosmetic that is adulterated or misbranded.

(2) The adulteration or misbranding of any drug or cosmetic in commerce.

(3) The receipt in commerce of any drug or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof in the original unbroken package for pay or otherwise.

(4) The dissemination of a false advertisement by any means for the purpose of inducing, directly or indirectly, the purchase of drugs or cosmetics.

Provided, however, there shall be no prosecution

any licensed retail merchant for violation of the provisions of this section until the retail merchant has been adequately warned by the State Board of Pharmacy that the drug or cosmetic in question is adulterated or misbranded. [1938] Sec. 54470. Guaranty protection.

No dealer shall be prosecuted under the provisions of this article (Secs. 54–461–54–474] who can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party residing in this State or in the United States, from whom he purchased such articles that the same when purchased in this State are not adulterated or misbranded within the meaning of this article, or if purchased out of this State, but within the United States, when the dealer can establish a guaranty signed by the person or persons, residing in the United States, from whom he has purchased such articles to the effect that the same are not adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act. Such guaranty, to afford protection in either case, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case the party or parties shall be amenable to the prosecutions, fines, and other penalties which would attach, in due course, to the dealer under the provisions of this article. [1919; last amended 1948.]

888243-51-67

Sec. 54-471. Examination by Board of pharmacy; notices of

violations; prima facie evidence.

The examination of specimens of drugs shall be made under the direction and supervision of the Board (State Board of Pharmacy), for the purpose of determining from such examinations whether such articles are adulterated or misbranded within the meaning of this article (Secs. 54-461–54-474). If it shall appear from any such examination that any of such specimens is adulterated or misbranded within the meaning of this article, the Board shall cause notice thereof to be given to the party from whom such sample was obtained.

In all prosecutions arising under this article the certificate under oath of the analyst or other officer making the analysis or examinations therein shall be prima facie evidence of the facts therein certified. [1919] Sec. 54-474. Penalties for violations.

It shall be unlawful for any person to manufacture, sell or offer for sale any drug or cosmetic which is adulterated or misbranded, within the meaning of this article (Secs. 54–461–54–474]. Any person who shall violate any of the provisions of this ar. ticle shall be guilty of a misdemeanor, and for each offense shall, upon conviction thereof, be fined not less than twenty nor more than one hundred dollars or imprisoned in jail not exceeding six months, or both, in the discretion of the court. For each subsequent offense and conviction thereof he shall be fined not exceeding two hundred dollars or imprisoned in jail not exceeding six months, or both, in the discretion of the court. [1919; last amended 1948.)

of

Code 1948, Vol. 2, Title 54, Ch. 15, Art. 11—"Uniform

Narcotic Drug Act."
Sec. 54-505. Marking requirements.

Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells or dispenses a narcotic drug in a package prepared by him, he shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of narcotic drug contained therein.

[1934] Sec. 54-515. Enforcement.

It shall be the duty of the Board (State Board of Pharmacy], its officers, agents, inspectors and representatives, and of all peace officers within the State, and of all attorneys for the Commonwealth, to enforce all provisions of this article (Secs. 54–487— 54–519), except those specifically delegated, and to co-operate with all agencies charged with the enforcement of the laws of the United States, of this State, and of all other states, relating to narcotic drugs. [1934]

Code 1948, Vol. 2, Title 54, Ch. 15, Art. 11_"Uniform Code 1948, Vol. 1, Title 19, Ch. 11–Misdemeanors. Narcotic Drug Act”—Continued.

Sec. 19–265. Punishment when not otherwise prescribed. Sec. 54-524. Penalties for violations.

A misdemeanor, for which no punishment or Any person violating any provision of this article maximum punishment is prescribed by statute, shall (Secs. 54–487—54–519] shall upon conviction be be punished by fine not exceeding five hundred punished, for the first offense, by a fine not exceed- dollars or confinement in jail not exceeding twelve ing one hundred dollars, or by imprisonment in jail months, or both, in the discretion of the jury of for not exceeding one year, or by both such fine the trial justice, or of the court trying the case and imprisonment; and to any subsequent offense,

without a jury. (1887) by a fine not exceeding one thousand dollars, or by imprisonment for not exceeding five years in the

Code 1948, Vol. 1, Title 18, Ch. 7, Art. 4-False Adpenitentiary, or by both such fine and imprison

vertising ment. [1934]

Sec. 18–189. Unlawful acts; penalty.

Any person, firm, corporation or association who, Code 1948, Vol. 2, Title 61, Ch. 4—Tobacco Ware

with intent to sell or in any wise dispose of merhouses.

chandise, securities, service or anything offered by Sec. 61-101. Sampling, weighing and branding tobacco.

such person, firm, corporation or association, di

rectly or indirectly, to the public for sale or distriThe samplers shall uncase and break every hogs- bution, or with intent to increase the consumption head, cask, tierce, or box of tobacco brought to thereof, or to induce the public in any manner to their respective warehouses to be sampled; weigh enter into any obligation relating thereto, or to and sample it, and mark, or brand the same, as acquire title thereto, or any interest therein, makes, “Virginia" or "Western", according to the facts; publishes, disseminates, circulates or places before and also, with the name of the warehouse, the tare

the public, or causes, directly or indirectly, to be of the hogshead, cask, tierce, or box; the quantity made, published, disseminated, circulated or placed of net tobacco therein, and the condition thereof. before the public in this State, in a newspaper or The net weight shall be ascertained by weighing the other publications, or in the form of a book, notice, hogshead, cask, tierce, or box, before it is uncased,

handbill, poster, blue-print, map, bill, tag, label, and deducting therefrom the weight of the empty circular, pamphlet or letter, or in any other way, an hogshead, cask, tierce or box. The sample shall not

advertisement of any sort regarding merchandise

, exceed eight pounds in weight, and shall belong to securities, service, land, lot or anything so offered the buyer of the tobacco from whom it was taken. to the public, which advertisement contains any (1887)

promise, assertion, representation or statement of

fact which is untrue, deceptive or misleading, shall Sec. 61-108. Weighing leaf tobacco; itemized statements furnished seller; penalty for violations.

be guilty of a misdemeanor, and, upon conviction

thereof, be punished by a fine of not less than All leaf tobacco sold upon the floor of any tobacco warehouse in the State shall first be weighed by

twenty-five dollars, nor more than two hundred and

fifty dollars, or confined in jail for a period of not some reliable person who shall have first sworn and

less than ten days nor more than sixty days, or by subscribed to the following oath:

both such fine and imprisonment. The words "unThe proprietor of each and every warehouse shall

true, deceptive and misleading", as used in this sec render to each seller of tobacco at his warehouse a

tion, shall be construed as including the advertising bill plainly stating the amount charged for weighing

in any manner by any person of any goods, wares and handling,

or merchandise as a bankrupt stock, receiver's stock For each and every violation of the provisions of or trustee's stock, if such stock contains any goods, this section a penalty of ten dollars may be enforced, wares or merchandise put therein subsequent to the and the same may be recovered by anyone so date of the purchase by such advertiser of such offended. [1899; last amended 1900.)

stock, and if such advertisement of any such stock

fails to set forth the fact that such stock contains Sec. 61–134. Proprietors to furnish scales, etc.

other goods, wares or merchandise put therein, sub The proprietor of every warehouse shall have sequent to the date of the purchase by such adverproper scales or balances and weights, and all other tiser of such stock in type as large as the type used proper conveniences provided, and see that they are in any other part of such advertisement, including kept in repair, and that the weights conform to the caption of the same, it shall be a violation of the lawful standard. [1899; last amended 1900.] this section. [1924; last amended 1930.

Sec. 250_67

250–69 250–71

Pierce's Perpetual Code 1943—Department of Agriculture

Page Sec. 229_1 Divisions

1056 229-11 Powers of director: To appoint super

visor of weights and measures; assist-
ants

1056 229-13 Powers transferred

1057 229-23 Same: Weights and measures; transfer of powers to director

1057 Pierce's Perpetual Code 1943—Weights and Meas

250_83 250–85 250–87 250_89 250–111

Pago Same: "Sack" defined

1062 Same: Marking requirements

1063 Same: Bulk shipments; marking requirements

1063 Commercial fertilizer defined

1063 Fertilizer material defined

1063 Soil builders defined

1063 Marking requirements

1063 Penalty for violations of feed and fertilizer law

1063

ures

Sec. 996_1

996–3

996-5 996-7

996–9 996_11 996-18

996–15 996-17

996-19 996-21 996-23 996-25 996-26

State standards; false standards

1057 Director of agriculture: Powers and duties

1057 Department and city standards_

1057 Testing; sealing; condemning; prosecutions

1058 City sealers: Appointment; powers

1058 False weights and measures; penalty 1058 Officers are policemen; arrests and seizures

1059 Obstructing officers; penalty

1059 Butter: Standard packages; marking requirements

1059 Bread: Weights

1059 Same: Definitions

1059 Same: Size of loaves

1059 Same: Pullman loaves

1059 Flour, corn meal, hominy, and hominy

grits: Standard weight containers; ex

ceptions; violation a misdemeanor 1059 Potatoes: Standard containers; marking requirements

1060 Standard berry boxes

1060 Coal: Standard sacks

1060 Milk: Measures

1060 Vinegar: Measures

1060 Wholesale weights

1060 Ice scales and tongs

1060 True weights

1061 Wood: Measurement; sales ticket

1061 Standard wholesale container for cranberries

1061 Milk cans: To be stamped and sealed.- 1061 Standard box for apples and pears; special box

1061 Coal: Gross ton; net ton..

1061 Blanket penalty

1061 Weight and tare of hops

1062

996-27

996-29 996-31 996–33 996–35 996-37 996-39 996-41 996-43 996–45

Pierce's Perpetual Code 1943—Milk and Cream
Sec. 496_31 Bottles and pipettes for testing: Mark-

ings; bond of manufacturer; penalty
against manufacturer and dealer; speci.
fications; tests

1063 496-35 Temperature for testing purposes; true

weight; cream to be weighed into test
bottle

1064 496-37 Weighing for cream tests

1064 496-41 False weights or tests

1064 496-67 Testing at plants ---

1064 496–143 Enforcement; rules and regulations 1064 496-147 Penalty for violation

1064 Pierce's Perpetual Code 1945—“Uniform Washington

Food, Drug, and Cosmetic Act" Sec. 570f-57 Federal act defined

1064 570f-61 Sale defined

1064 570f-63 Director defined

1064 570f-67 Food defined

1064 570f_69 Drug defined

1064 570f-73 Cosmetic defined

1065 570f-77 Label defined

1065 570f-79 Immediate container defined

1065 570f-93 Prohibited acts

1065 570f-95 Injunction

1065 570f-97 Penalties for violations

1065 570f-99 Violation with intent to defraud; penalty

1065 570f-101 Excepted acts

1065 570f-119 Minor violations

1066 570f-123 Food: Standard of fill of containers.. 1066 570f-125 Same: Rules to conform to federal acts1066 570f-129 Food deemed adulterated if substance is added to increase weight

1066 570f-135 When food deemed misbranded

1066 570f-137 Food in package form, when deemed misbranded

1066 570f-145 Food deemed misbranded if below stand. ard of fill of container

1066 570f-161 Food in transit for packaging, exempt from labeling requirements

1066 570f-175 When drug deemed misbranded

1066 570-177 Drugs in package form, when deemed misbranded

1066 570f-191 Drugs deemed misbranded if its container is misleading

1066 570f-195 Drugs in transit for packaging, exempt from labeling requirements

996–47 996–49

996-51 996–53 996–55

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Pierce's Perpetual Code 1943—False Weights and

Measures Sec. 11647 Concealing foreign matter in merchan

1067 570f-221 When cosmetics deemed misbranded 1067 570f-225 Cosmetics in transit for packaging,

exempt from labeling requirements--- 1067 Pierce's Perpetual Code 1943—Honey Sec. 571-3 Definitions: Director

1067 571-5 Same: Container

1067 571-7 Same: Sub-Container

1067 571-9 Same: Section box

1067 571-15 Same: Label

1067

1062
1062

dise
116–59 Using false weights and measures--
Pierce's Perpetual Code 1943—Commercial Feeding

Stuffs and Fertilizers
Sec. 250-29 Commercial feeding stuffs and fertilizers:

Rules and regulations..
250-65 Commercial feeding stuff: Definition.--.

1062
1062

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Pierce's Perpetual Code 1943—Railroad Track Scales
Sec. 819-21 Freight weighing

1072 820-23 Railroads to provide facilities for testing

track scales; test car; track scales tested;
fees

1072

1068 1068

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Pierce's Perpetual Code 1943—Grain Warehouses
Sec. 598-21 Director of agriculture: Powers

1068 598-29 Negligence or corruption of inspectors - 1068 598-31 State inspection and weighing points.--- 1068 598-39 Weighing on request; scales; testing; seal

ing; certificate; fees; rules and regula-
tions governing dockage

1069 598_43 Fees for weighing, etc.

1069 598–45 Chief inspector to have exclusive control of weighing

1069 598–51 Exports reinspected; grain not to be weighed, when

1069 598-53 Warehouse bond and license

1070 598_71 Track scales; city inspection of scales.--- 1070 598–75 Shipper's weight and grade, where conclusive

1070 598_77 Penalties for violation

1070 599-7 Grain to be weighed by state inspector.-- 1071 599-21 Class B warehouse receipts; inspection

and weighing of grain; deliveries.-- 1071 599-23 Fees for inspection and weighing----- 1071 599-29 Penalty for violation

1071 Pierce's Perpetual Code 1943—Fruits and Vegetables, Con

tainers
Sec, 635-3 Director of agriculture to make rules and

regulations governing containers for
fruits and vegetables

1071 Pierce's Perpetual Code 1943—Economic Poisons Sec. 635-19 Definitions

1071 635-25 When deemed misbranded

1071 635-29 Unlawful sales

1071 635-31 Guaranty protection

1071 635-47 Seizures

1071

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Pierce's Perpetual Code 1943—Department of Agri

culture.

Sec. 229–1. Divisions.

The department of agriculture shall be organized into, and consists of, five divisions, to be known respectively as, (1) the division of agriculture, (2) the division of horticulture, (3) the division of dairy and live stock, (4) the division of foods, feeds, drugs, and oils, and (5) the division of weights and measures. The director of agriculture shall have charge and general supervision of the department * (1921)

Sec. 229–11. Powers of director: To appoint supervisor of weights and measures; assistants.

The director of agriculture shall have the power to appoint and deputize an assistant director, to be known as the supervisor of weights and measures, who shall have charge and supervision of the division of weights and measures, and, with the approval of the director, shall have power to appoint and deputize such sealers, testers, and inspectors, and to appoint and employ such clerical and other assistants, as may be necessary to carry on the work of the division. [1921]

Sec. 229–13. Powers transferred.

The director of agriculture shall have power, and it shall be his duty, to exercise all the powers and perform all the duties now vested in, and required to be performed by, the commissioner of agriculture, and to exercise such other powers and perform such other duties as may be provided by law. [1921) Sec. 229–23. Same: Weights and measures; transfer of powers to director.

The director of agriculture shall have the power, and it shall be his duty, through and by means of the division of weights and measures:

(1) To exercise all the powers and perform all the duties relating to weights and measures, now vested in, and required to be performed by, the secretary of state, the superintendent of weights and measures, the deputy superintendent of weights and measures, the inspector of weights and measures, and the state sealers. [1921] Pierce's Perpetual Code 1943—Weights and Measures. Sec. 996–1. State standards; false standards.

The weights and measures, received from the United States under a resolution of congress approved June 14, 1836, and such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto or renewal thereof, and such as shall be supplied by the state in conformity therewith and certified by the national bureau of standards, shall be the state standards, by which all county and municipal standards of weights and measures shall be tried, approved and sealed.

All weights, measures, scales, scale beams, patent balances, steelyards, automatic or computing scales, or other instruments for weighing or measuring, by which any merchandise, commodity, or thing is bought or sold by weight or measure, or offered or exposed for sale, shall conform to the state standards herein prescribed. Any weight, measure, scale, scale beam, patent balance, steelyard, automatic or computing scale or other instrument or device for weighing or measuring which does not conform to such state standards is hereby declared to be a false weight or measure. [1927] Sec. 996–3. Director of agriculture: Powers and duties.

The director of agriculture through and by means of the division of weights and measures shall take charge of the state standards, cause them to be kept in a safe and suitable place in the office of the divi. sion of weights and measures, from which they shall not be removed except for repairs or for certification, and shall take all other necessary precautions for their safe keeping; shall maintain the state standards in good order and shall submit them at least once in ten years to the national bureau of standards for certification; shall at least once in five years try and prove by the state standards all weights, mea.

sures and other apparatus which may belong to any county or city, and shall seal such when found to be accurate, by stamping on them with seals which he shall have and keep for that purpose, the letter “W” and the last two figures of the year in which the same are sealed; shall have and keep a general supervision of the weights, measures and weighing and measuring devices offered for sale, sold or in use in the state; shall, upon written request of any citizen, firm, cor. poration or educational institution in the state, test or calibrate weights, measures, weighing or measuring devices and instruments or appliances used as standards in this state; shall at least once annually, test all scales, weights, measures, weighing or measuring devices or instruments used in determining the quantities of the receipts or disbursements of supplies for the maintenance of which moneys are appropriated by the legislature, and report in writing his findings to the director of business control or the supervising board, and to the executive officer, of the institution concerned, and at the request of such director, board or executive officer, shall appoint in writing one or more employes, then in the actual service of each institution, who shall act as special deputies for the purpose of checking the receipts or disbursements of supplies; 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; shall annually, on the first day of October, make to the governor a report of the work done by his office; shall inspect all standards and apparatus used by the state and cities having a population of more than fifty thousand, at least once in two years, and keep a record of the same; shall at least once in two years visit the various cities in the state having a population of fifty thousand, in order to inspect the work of the city sealers, and in the performance of such duties may inspect the weights, measures, and weighing or measuring devices or instruments of any citizen, firm or corporation, except track scales used by common carriers by railroad, and shall have the same powers as the city sealer of weights and measures; shall issue, from time to time, regulations for the guidance of state and city sealers, which regulations shall govern the procedure to be followed by such officers in the discharge of their duties. [1927] Sec. 996–5. Department and city standards.

The director of agriculture, and the council or other governing body of each city having a popula. tion of more than fifty thousand, shall procure and keep at all times a complete set of weights, measures, weighing and measuring devices and other apparatus, of such materials and construction as the director of agriculture may direct. All such weights, measures, devices and other apparatus having been tried and accurately proven by the director of agriculture through and by means of the division of weights and measures, shall be sealed and certified

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