the market value, to take samples of any product contained therein. [1935; last amended 1943.]

Sec. 93.09. Standards and regulations for receptacles for food and farm products.

(1) The department, after public hearing, may establish standards for the grade of food products and farm products and for receptacles therefor and may prescribe regulations governing the marks or tags which may be required upon food products or farm products or upon receptacles therefor, for the purpose of showing the name, address or serial number of the person producing or marketing the product or receptacle, the grade of the product or receptacle, or the quality, type, size, weight, content, dimensions or shape of the receptacle.

(2) No standard or regulation under this section, which is repugnant to any requirement made mandatory under federal law, shall apply to products or receptacles which are being shipped from the state in interstate commerce.

(3) No standard shall apply to products or receptacles coming from outside the state but such products or receptacles may be required to be marked or tagged to indicate that they came from outside the state and to show any other fact regarding which marking or tagging may be required under this section; provided, that such products or receptacles, at the time when marking or tagging is required, have ceased to be in interstate com

merce.

(8) Whenever any standard or regulation under this section has become effective, no person marketing or having in his possession for commercial purposes any product or receptacle to which the standard is applicable shall represent such product or receptacle, unless in a manner authorized by the department, as being of any grade other than a grade contained in such standard, except as to products or receptacles included in subsections (2) and (3) of this section; and no person marketing or having in his possession for commercial purposes any product or receptacle to which the standard is applicable shall represent such product or receptacle as being of a grade contained in the standard, when as a matter of fact such product or receptacle is below the requirements of such grade and no person shall market or have in his possession for commercial purposes any product or receptacle unless the marking or tagging thereon conforms to the regulation prescribed under this section; and no person shall market or have in his possession for commercial purposes any product or receptacle, to which any such marking or tagging regulation is applicable, if such marking or tagging thereon is false or misleading; provided, that representing a product or receptacle as being of a grade contained in the standard, when as a matter of fact such prod

uct or receptacle is below the requirements of such grade, shall not be a violation of this section, if the product or receptacle bears the official certificate of an inspector licensed under section 93.11; provided, further, that possession, under this section, shall not include possession by a carrier or other bailee. [1935; last amended 1943.]

Sec. 93.10. Same: Inspector's certificate.

(1) The department, as a means of enforcing the standard for the grade of any food product or farm product or for any receptacle therefor, may, by general order, after public hearing, require any such product or receptacle to bear the official certificate of an inspector licensed under section 93.11. [1935]

Sec. 93.21. Penalty for obstructing officers and violating regulations.

(2) Any person who obstructs the department or any of its subordinates in the performance of their duty by refusing him entry to any place he is authorized to enter or by refusing to deliver to him a sample of any article of food, drink or drug made, sold, offered or exposed for sale by the person to whom request therefor is made, if the value thereof is tendered, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars or by imprisonment in the county jail not less than ten days nor more than sixty days.

(3) Any person who

wilfully violates or refuses, neglects or fails to obey any order or regulation made under the provision of this chapter [Secs. 93.01-93.22], shall forfeit for each such offense not to exceed two hundred dollars. [1935]

Statutes 1947, Vol. 1, Title XII, Ch. 94-Promotion of Agriculture.

Sec. 94.64. Commercial fertilizers: Marking requirements.

(1) Every person who shall, in this state, sell or expose for sale any commercial fertilizer or any material used for fertilizing purposes, excepting agricultural lime and the dung of poultry and domestic animals in their natural condition selling for less than ten dollars per ton, shall affix to every package of such fertilizer or material in a conspicuous place on the outside thereof, a plainly printed statement clearly and truly certifying the number of net pounds therein, [1935; last amended

1945.]

[ED. NOTE. For enforcement by Department of Agriculture, see Sec. 93.07, page 1102.]

Sec. 94.665. Agricultural lime: Definitions; license; weight statement; vehicle ton weight capacity; enforcement; right of entry; violations; penalty.

(1) Unless the context requires otherwise:

(a) "Agricultural lime" for the purposes of this

Statutes 1947, Vol. 1, Title XII, Ch. 94-Promotion

of Agriculture-Continued.

section, includes and means ground, crushed or pulverized limestone used for liming soils, which límestone contains all of the finer material produced in the grinding process. Quick lime, hydrated lime, marl, wood ashes, paper mill sludge, beet sugar factory waste, mine tailings, limestone screenings, gypsum and other industrial by-products are not included in the definition of "agricultural lime".

(b) "Person" means an individual, firm, association, corporation or county.

(2) No person shall engage in the business of selling or distributing agricultural lime in this state without first obtaining a license therefor from the department of agriculture unless he is engaged in the business of selling or distributing such product produced by another already licensed to do business. under this section.

vehicle transporting agricultural lime not sold on a scale weight basis shall have plainly marked thereon the ton weight capacity when level full, assuming for the purpose of this provision that a ton of agricultural lime occupies 20 cubic feet.

(c) All weights as called for under paragraph (a) shall be expressed on the basis of not more than 8 per cent of moisture.

(7) The department [of agriculture] shall enforce the provisions of this section by inspectors, chemical analyses and other appropriate methods, but all samples shall be taken from the operating mill, and for such purposes employes and agents of the department shall have free access during business hours to all places of business, buildings and vehicles used in the manufacture, transportation, sale or storage of agricultural lime.

for

(9) Any person that shall sell, offer or expose sale, or have in his possession with intent to sell any agricultural lime in violation of any of the provisions of this section shall forfeit to the state an amount not to exceed $50 for the first violation and not to exceed $200 for any subsequent violation. [1945]

Sec. 94.67. Insecticides and fungicides: Unlawful to sell misbranded articles; rules and regulations.

(1) It shall be unlawful for any person to manufacture, sell or offer for sale, within the state of Wisconsin any insecticide or fungicide which is adulterated or misbranded within the meaning of sections 94.67 to 94.71.

(3) The department [of agriculture] shall promulgate uniform rules and regulations for enforcing this section, including the collection and examination of insecticides and fungicides, manufactured or offered for sale in this state for the purpose of determining whether such articles are adulterated or misbranded within the meaning of this section [1935]

Sec. 94.68. Same: Definition.

The term "insecticide" as used in sections 94.67 to 94.71 shall include any substance or mixture of substances intended to be used for preventing, destroying, repelling or mitigating any insects which may infest vegetation, man or other animals, or households, or be present in any environment whatsoever. The term "paris green" shall include the product sold in commerce as paris green and chemically known as the aceto-arsenite of copper. The term "lead arsenate" shall include the product or products sold in commerce as lead arsenate and consisting chemically of products derived from arsenic acid (Hs ASO4) by replacing one or more hydrogen atoms by lead. The term "fungicide" shall include any substance or mixture intended to be used for preventing, destroying, repelling or mit igating any fungus that may infest vegetation or be present in any environment whatsoever. [1935]

Sec. 94.70. Same: When deemed misbranded.

(2) For the purpose of sections 94.67 to 94.71, an article shall be deemed to be misbranded: (a) In the case of insecticides, paris greens, lead arsenates and fungicides: * ; third, if the quantity of the contents be not plainly and correctly stated on the outside of the package. [1935]

Sec. 94.71. Same: Guaranty protection; condemnation.

(1) No dealer or agent shall be prosecuted under the provisions of sections 94.67 to 94.71, when he can establish a guaranty signed by the wholesaler, jobber, manufacturer or other person residing in the United States, from whom he purchased such articles, to the effect that the same is not adulterated or misbranded within the meaning of sections 94.67 to 94.71. Said guaranty, to afford protection, shall contain the name and address of the person making the sale of such articles to such dealer or agent, and in such case said person shall be amenable to the fines and other penalties, which would otherwise attach to the dealer or agent.

(2) Any insecticide or fungicide that is condemned as being adulterated or misbranded, shall be confiscated and disposed of by destruction, or in such other manner as the inspector may direct. [1935]

Sec. 94.77. Same: Penalties for violations.

(5) Any person who violates any provision of sections 94.67 to 94.71 shall be punished by a fine of not more than $100 for the first offense; and for each subsequent offense not less than $100 nor more than $500, or imprisonment in the county jail not to exceed one year or by both such fine and imprisonment. [1935; last amended 1943.]

Sec. 94.72. Commercial feed.

(1) The term "commercial feed" shall be held to include all materials used for feeding animals or birds, except the following:

(a) Unmixed whole seeds or grains; as defined by United States grain standards.

(b) The unmixed meals made directly from and consisting of the entire grains of corn, wheat, rye, barley, oats, buckwheat, flaxseed, kafir, milo and other seeds or grains. Such unmixed meals shall not be sold in violation of subsection (3).

(c) Whole hays, straws, cottonseed hulls, stover and silage, when unmixed with other materials.

(2) All manufacturers, importers, jobbers, firms, associations, corporations or persons shall before selling, offering or exposing for sale or distributing in this state any brand of commercial feed have printed on, or attached to each bag, package, carton or delivered with each bulk lot a plainly printed statement, hereafter referred to as the label, in a conspicuous place on the outside, containing a legible and clearly printed statement in the English language clearly and truly stating:

(a) The net weight of the contents of the package, bag, carton or bulk lot;

(13) The department may:

(a) Enforce the provisions of this section and prescribe and enforce administrative rules and regulations which shall be in harmony with the provisions of this section and the official pronouncements of the association of American feed control officials;

(b) Temporarily order withdrawn from sale any lot of feed which is found to be sold, offered or exposed for sale or distributed in this state in violation of any of the provisions of this section.

(14) (a) Any manufacturer, importer, jobber, firm, association, corporation or person who shall sell, offer or expose for sale or distribute in this state, any commercial feeds, who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent said department or its authorized agent in the performance of his duty in connection with the provisions of this section or who shall sell, offer or expose for sale or distribute in this state any commercial feeds as defined in subsection (1) without complying with the requirements of the provisions of this section or *, or who shall sell any commercial feed which carries any false or mislead

*

Statutes 1947, Vol. 1, Title XII, Ch. 95-Livestock Remedies.

Sec. 95.64. Definition; marking requirements.

(1) The term "live stock remedy" as used in sections 95.64 to 95.66 shall include all devices, remedies, cures, tonics, powders, proprietary medicines, condimental feeds, medicated stock foods and similar preparations for the treatment or prevention of any disease of live stock, poultry or other domestic animals and administered internally for their stimulating, invigorating, curative or other powers; but excluding all medicines manufactured, sold and recommended primarily for human use.

(2) No person by himself, his servant or agent shall sell, offer or expose for sale or have in his possession with intent to sell any live stock remedy which

*:

(c) Does not have printed or written upon the label of each package as sold at retail, in type not less than one-fourth the largest type on the package:

4. The net contents, by weight or measure, of such package; [1935; last amended 1943.]

Sec. 95.69. Violations; penalty.

Any person who shall violate any of the provisions of this chapter [Secs. 95.01-95.69] shall upon conviction for the first offense be punished by a fine of not less than $25 nor more than $100, or by imprisonment in the county jail not less than 10 days nor more than 60 days, or by both such fine and imprisonment and upon conviction for any subsequent offense by a fine of not less than $100 nor more than $500, or by imprisonment in the county jail not less than 30 days nor more than 6 months, or by both such fine and imprisonment. [1935; last amended 1945.]

[ED. NOTE. For enforcement of Chapter 95 by Department of Agriculture, see Sec. 93.07, page 1102.] Statutes 1947, Vol. 1, Title XII, Ch. 97-Food. Sec. 97.01. Definition of food.

The term "food" as used in this chapter [Secs. 97.01-97.75] includes all articles used for food or drink or condiment by man, whether simple, mixed or compound, and all articles used or intended for use as ingredients in the composition or preparation thereof. [1935]

Statutes 1947, Vol. 1, Title XII, Ch. 97-Food-Continued.

Sec. 97.305. Labeling of macaroni and noodles.

All products [macaroni and noodles] are to be labeled with the net weight and with the name and address of the manufacturer, packer or dealer. [1937]

Sec. 97.39. Condensed or evaporated skim milk: Weight of container.

(3) It shall be unlawful for any person, firm or corporation, by himself, his servant or agent, or as the servant or agent of another, to sell or exchange, or expose for sale or exchange, or have in possession with intent to sell or exchange, any condensed or evaporated skim milk in containers holding less than 10 pounds avoirdupois net net weight. [1935; last amended 1945.]

Sec. 97.50. Cheese food compounds: Marking requirements.

(2) No person, by himself, his servant or agent or as the servant or agent of another person shall offer for sale, exchange, sell, deliver or have in possession with intent to sell any cheese food compound or mixture unless each package, receptacle or container in which the aforesaid compounds or mixtures are sold shall bear an informative label, plainly separated from other reading matter, showing the net weight

(3) Any cheese food compound or mixture, the label or package of which shall bear any statement, design or device which shall be deceptive or misleading in any particular is declared to be misbranded. [1933; last amended 1935.]

Sec. 97.60. Foods: False branding of weight, measure, count, or contents; exceptions.

(1) No person shall manufacture or solicit or take orders for delivery or sell, exchange, deliver or have in possession with the intent to sell, exchange or expose, or offer for sale or exchange any article of food within the meaning of section 97.01 which is misbranded within the meaning of this section.

(2) The term "misbranded," as used herein, shall apply:

(a) To articles of food, or articles which enter into the composition of food, which, or 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 misleading in any particular;

(c) To articles of food in package form if the actual quantity of the contents be not plainly and conspicuously marked on the outside of the package in terms of weight, measure or numerical count; reasonable variations, however, shall be permitted from the stated weight, measure or numerical count,

and the department [of agriculture] shall establish tolerances for the same by rules and regulations;

(3) The term "label" as used in this section or in any other section of the statutes. relating to the adulteration or misbranding of food, unless otherwise specifically described and provided therein, shall apply to any printed, pictorial, or other matter upon or attached to any package of a food product or any container thereof.

(4) The term "package" as applied to articles of food shall mean a closed receptacle of any kind in which an article of food is kept in stock and which with its contents is sold to the public.

(5) The provisions of paragraphs (c) and of subsection (2) of this section shall not apply to foods in package form when dispensed for consumption on the premises, or when the numerical count of the inclosed units is less than six, or when the net weight of the contents of the package is less than three ounces avoirdupois; or in case of liquids when the contents of the package are less than one fluid ounce; or to fruits and vegetables when such fruits and vegetables are sold by the standard barrel, standard crate, standard box or basket or other standard receptacle as provided in section 98.16.1 [1935]

1 Sec. 98.16, see page 1098.

Sec. 97.64. Same: False advertising.

(1) No person, firm, corporation or association shall, with intent to sell, or increase the consumption thereof, or create an interest therein, make, publish, disseminate, circulate, or place before the public in this state, or cause, directly or indirectly to be made, published, disseminated, or placed before the public in this state, in a newspaper or other publication, or in the form of a book notice, handbill, poster, bill, circular or pamphlet, or in any other manner, an advertisement of any sort regarding articles of food, which advertisement contains any assertion, representation or statement which is untrue, deceptive or misleading. [1935]

Sec. 97.65. Same: Weight to be set forth in advertisement.

No person shall, himself, or by his servant or agent, or as the servant or agent of any other person, advertise for sale any article of food in package form when the retail price is mentioned in such adver tisement unless the actual weight or volume of the contents of such package as stated on the label shall be plainly and conspicuously set forth in such advertisement in not less than ten point type. [1933; last amended 1935.]

Sec. 97.72. Penalties.

(4) Any person who violates any provision of this chapter [Secs. 97.01-97.75] for which a specific penalty is not prescribed shall be pun

ished by a fine of not less than $25 nor more than $100, or by imprisonment in the county jail not less than 30 days nor more than 60 days, or by both such fine and imprisonment. [1935; last amended 1943.]

[ED. NOTE. For enforcement of Chapter 97 by the Department of Agriculture, see Sec. 93.07, page 1102.] Statutes, 1947, Vol. 1, Title XII, Ch. 97-Antifreeze.

Sec. 97.73. Definitions; marking requirements; enforcement; penalties for violations.

As used in this section, unless the context otherwise requires:

(a) "Antifreeze" includes all substances and preparations intended for use as the cooling medium, or to be added to the cooling liquid, in the cooling system of internal combustion engines in order to prevent freezing of the cooling liquid or to lower its freezing point.

(5) The department shall enforce the provisions of this section

(7) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50 and not exceeding $500 for each offense. [1949]

Statutes 1947, Vol. 1, Title XIV, Ch. 126-Weighing of Grain.

Sec. 126.05. Grain and warehouse commission: Weighing of grain.

(1) The commission [grain and warehouse commission] shall weigh all grain received in Superior, and all grain received in or shipped from public warehouses.

(4) The commission shall appoint a chief inspector and one or more deputy inspectors, a weighmaster and one or more deputy weighmasters, a chief chemist and one or more deputy chemists.

(5) The commission shall adopt and publish regulations governing inspection, weighing and

grading of grain delivered to or shipped from public warehouses in said city; and such further regulations as will enable it to administer this chapter [Secs. 126.01-126.80]. [1945]

[ED. NOTE.-In Wisconsin Statutes 1947, following the foregoing section, it is stated: "Grain and warehouse commission is authorized by (1) to weigh all grain received in Superior for milling or storage, or milled or stored in Superior, or bought or sold in Superior, regardless of whether it is kept in public warehouse, and also to weigh grain shipped from public warehouses. 29 Atty. Gen. 111."]

Sec. 126.20. Inspection; test of scales; penalty.

All persons owning or interested in grain in any public warehouse and all inspectors may, during ordinary business hours, examine all grain in any public warehouse and the warehouse itself, and all proper facilities shall be extended to such person by the warehouseman, his agents and servants, for such examination. All scales in public warehouses shall be subject to examination and test by any inspector, weighmaster or sealer of weights and measures at any time when required by any person whose grain was or is to be weighed on such scales. The expense of the test by an inspector or sealer shall be paid by the warehouseman if the scales are found incorrect, but not otherwise. [1945]

Sec. 126.21. Weighmaster.

(1) The weighmaster and his deputies shall have exclusive control of the weighing of grain received into any mill or stored in or delivered to or shipped from public warehouses and the inspection of scales upon which grain is weighed; and the action or certificates of the weighmaster or his deputies, in the discharge of their duties, shall be conclusive as to the matters contained in said certificates.

(2) The fees for weighing grain shall be paid by the warehouseman, and may be added to the charges for storage.

(3) Neither the weighmaster nor any deputy shall be a member of any board of trade or association of like character. They shall each give a bond to and approved by the commission in the sum of $2,000 conditioned for the faithful discharge of their duties.

(4) Any person who refuses access or prevents the weighmaster or his deputies from access to scales in the performance of their duties shall forfeit $100 to be recovered in an action by the commission [grain and warehouse commission], and all moneys collected shall be turned into the state treasury. [1945]

Sec. 126.28. Commission to fix charges for weighing.

The chief inspector and deputy inspectors shall be governed by rules and regulations promulgated by the commission [grain and warehouse commission]. The commission shall fix the rates of charges for inspection and weighing grain and the

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