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Page Sec. 39-506 Enforcement

1119 39-513 Guaranty protection

1119 39-517 Penalties for violations

1120 Compiled Statutes 1945 Annotated, Vol. 3, Ch. 46, Art.

1-Food and Drugs Sec. 46-107 Food defined

1120 46–109 When food deemed misbranded

1120 46-110 Samples of food, drugs, gasoline and illu

minating oils; disposition; net weighl.-- 1120 46–116 Penalty for violations

1120 46-117 Guaranty protection

1120 46–119 Rules and regulations

1121 Compiled Statutes 1945 Annotated, Vol. 3, Ch. 46, Art.

Compiled Statutes 1945 Annotated, Vol. 3, Ch. 39, Art. 10—Weights and Measures

Page Sec. 39–1001 Standards

1114 39-1002 Same: Verification

1114 39–1003 Superintendent of weights and measures. 1114 39-1004 Duties of superintendent

1114 39-1005 Sealing

1114 39-1006 Condemnation of incorrect weights and measures

1114 39–1007 Police powers

1115 39-1008 Interference with superintendent; penalty 1115 39-1009 Impersonation of superintendent; penalty 1115 39–1010 Sale by net weight

1115 39–1011 Standard weights per bushel; measurement of hay

1115 39-1012 Weighmasters: Appointment; weight certificates; fee; penalty

1115 39–1013 Rules and regulations by superintendent 1116 39–1014 Violations; penalty

1116 39-1015 Definitions

1116 Compiled Statutes 1945 Annotated, Vol. 2, Ch. 29, Art.

3—Cities of the First Class Sec. 29–330 Power to regulate weights and measures.-- 1116 Compiled Statutes 1945 Annotated, Vol. 1, Ch. 9, Art.

9—False Weights and Measures Sec. 9-911 Giving false weights in merchandise ---- 1116 9-912 Using false weights for weighing gold or other commodities

1117 9-915 Using false weights for weighing grain.--- 1117 Compiled Statutes 1945 Annotated, Vol. 3, Ch. 34, Art.

9-Commercial Feeding Stuffs Sec. 34-901 Definition

1117 34-902 Marking requirements

1117 34-909 Violations; penalty

1117 34-910 Enforcement; rules and regulations

1117 Compiled Statutes 1945 Annotated, Vol. 3, Ch. 34, Art.

10_Livestock Remedies Sec. 34-1001 Definitions

1117 34-1002 Registration

1117 34-1003 Marking requirements

1118 34–1007 Enforcement; rules and regulations 1118 34–1008 Violations; penalty

1118 Compiled Statutes 1945 Annotated, Vol. 3, Ch. 34, Art.

11-Commercial Fertilizers Sec. 34-1101 Definitions

1118 34-1102 Registration

1118 34–1103 Marking requirements

1118 34-1104 Enforcement

1118 34-1106 Penalties for violations

1118 Compiled Statutes 1945 Annotated, Vol. 3, Ch. 37, Art.

15—Itinerant Merchants Sec. 37-1501 Definitions

1119 37-1502 License required

1119 37–1504 Bond; honest weight or measure.

1119 37-1509 Penalties for violations

1119 37-1510 Enforcement officers

1119

Compiled Statutes 1945 Annotated, Vol. 3, Ch. 39, Art.

2—"Uniform Narcotic Drug Act" Sec. 46-210 Marking requirements

1121 46-220 Enforcement

1121 46-221 Penalties for violations

1121

Compiled Statutes 1945 Annotated, Vol. 3, Ch. 46, Art.

4-Milk and Cream Sec. 46–407 Babcock test: Fraudulent . manipulation;

standard equipment; cream to be tested

by weight
46-411 Enforcement
46-412 Penalties for violations

1121
1121
1121

1121.

1121 1121 1122 1122 1122

1122 1122 1122 1122 1122

Compiled Statutes 1945 Annotated, Vol. 3, Ch. 46, Art.

9, Sec. 46–902—Eggs
Compiled Statutes 1945 Annotated, Vol. 3, Ch. 46, Art.

11—Cosmetics
Sec. 46–1101 Unlawful to sell misbranded article.

46-1102 Definition
46-1104 When deemed misbranded
46-1105 Enforcement

46–1107 Penalty for violations
Compiled Statutes 1945 Annotated, Vol. 3, Ch. 46, Art.

12—Economic Poisons
Sec. 46–1201 Unlawful to sell misbranded article.

46-1202 Definition
46-1204 When deemed misbranded
46-1206 Enforcement

46-1209 Penalty for violations
Compiled Statutes 1945 Annotated, Vol. 4, Ch. 56, Art.

9—Livestock Sales Rings, Scales
Sec. 56-902 Livestock sales ring defined -
59-910 Rules and regulations by state superin-

tendent of weights and measures
Compiled Statutes 1945 Annotated, Vol. 4, Ch. 57, Art.

5-Mine Scales
Sec. 57--505 Weighing before screening

57-506 Weighman: Oath; penalty
57-507 Check weighman
57-508 Owner to provide scales; testing
57-509 False weighing: penalty
57-510 State inspector of coal mines to examine

mine scales
Compiled Statutes 1945 Annotated, Vol. 1, Ch. 9, Art.

9—False Advertising Sec. 9-904 Unlawful acts; penalty

1122

1123

1123 1123 1123 1123 1124

1124

5—Paint Sec. 39-501 Definition

39-503 Marking requirements

1119
1119

1124

Compiled Statutes 1945 Annotated, Vol. 3, Ch. 39,

Art. 10–Weights and Measures. Sec. 39–1001. Standards.

The standards of weights and measures in this state shall be those recognized or furnished by the United States. (1921) Sec. 39–1002. Same: Verification.

In addition to the state standards of weights and measures, there shall be supplied by the state such other weights, measures and apparatus as may be found necessary to carry out the provisions of this Act (Secs. 39–1001–39–1015), to be known as working standards. Such weights, measures and appa. ratus shall be verified by the state superintendent of weights and measures, or his authorized assistants, at his direction, upon their initial receipt and at least once in each year thereafter, by comparison with the state standards. When found accurate upon these tests the working standards shall be sealed by stamping on them the letter "W" and the date with seals which the state superintendent of weights and measures shall have and keep for that purpose. The state standards shall be used in making all comparisons of weights, measures, and weighing or measuring devices submitted for test in the office of the state superintendent of weights and measures. [1921] Sec. 39–1003. Superintendent of weights and measures.

The commissioner of agriculture shall be exofficio state superintendent of weights and measures. He shall take charge of the standards adopted by this Act (Secs. 39–1001–39–1015] as the standards of the state, and cause them to be kept in a safe and suitable place, from which they shall not be removed except for repairs or for certification and he shall take all other necessary precautions for their safe keeping. He shall maintain the state standards in good order and shall submit them at least once in ten [10] years to the national bureau of standards for certification. He shall keep a complete record of the standards, balances, and other apparatus belonging to the state and take receipt for same from his successor in office. He shall annually, on the last day of September, make to the governor a report of all work done by his office. [1921] Sec. 39–1004. Duties of superintendent.

The state superintendent of weights and measures 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. When not otherwise provided by law the state superintendent of weights and measures shall have the power, and it shall be his duty to inspect, test, try, and ascertain if they are correct, all weights, measures, and weighing and measuring devices kept, offered or exposed for sale, sold, or used or employed

by any proprietor, agent, lessee, or employe in proving the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption, purchased, offered, or submitted by such person or persons for sale, hire, or award, and he shall have the power to and shall from time to time weigh or measure and inspect packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered or exposed for sale, or sold or in the process of delivery, in order to determine whether the same contain the amounts represented, and whether they be offered for sale or sold in a manner in accordance with law. He shall as often as he may deem necessary see that all weights, measures, weighing or measuring devices used are correct. He may for the purpose above mentioned, and in the general performance of his official duties, enter or go into or upon, and without formal warrant, any stand, place, building, or premises, or stop any vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any dealer whatsoever, and require him, if necessary, to proceed to some place which the state superintendent of weights and measures may specify, for the purpose of making the proper tests. Whenever the state superintendent of weights and measures finds a violation of the statutes relating to weights and measures, he shall cause the violator to be prosecuted. [1921] Sec. 39-1005. Sealing.

Whenever the state superintendent of weights and measures compares weights, measures, or weighing or measuring devices and finds that they correspond or cause them to correspond with the standards in his possession, he shall seal or mark such weights, measures, or weighing or measuring devices with appropriate devices. [1921) Sec. 39–1006. Condemnation of incorrect weights and meas

ures.

The state superintendent of weights and measures shall condemn and seize and may destroy incorrect weights, measures, or weighing or measuring devices which in his best judgment, are not susceptible of satisfactory repair; but such as are incorrect and yet may be repaired, he shall mark or tag as "condemned for repairs." The owners or users of any weights, measures, or weighing or measuring devices of which such disposition is made, shall have the same repaired or corrected within ten (10) days, and they may neither use nor dispose of the same in any way, but shall hold the same at the disposal of the state superintendent of weights and measures. Any weights, measures, or weighing or measuring devices which have been "condemned for repairs" and have not been repaired as required above, shall be confiscated by the state superintendent of weights and measures. [1921]

Pounds

per bushel

48 60 56 50

46

70

Sec. 39–1007. Police powers.

pounds as hereinafter set forth for the bushel, The state superintendent of weights and meas

namely: ures, and his authorized assistants, are hereby made special policemen, and are authorized and empowered to arrest, without formal warrant, any violator

Barley

Beans of the statutes in relation to weights and measures,

Beets and to seize for use as evidence, without formal war

Carrots rant, any false or unsealed weight, measure, or Castor beans weighing or measuring device or package, or

Corn, shelled

56 Flaxseed

56 amounts of commodities found to be used, retained,

Green apples

48 or offered or exposed for sale or sold in violation

Indian corn, in the ear of law. (1921)

Kaffir corn

56 Oats

32 Sec. 39–1008. Interference with superintendent; penalty.

Onions

57 Parsnips

50 Any person who shall hinder or obstruct in any

Peaches

48 way the state superintendent of weights and meas- Potatoes

60 Rice Corn

56 ures, or his authorized assistants, in the performance

Rye

56 of their official duties shall be guilty of a misde

Spelz or Emmer

45 meanor and upon conviction thereof in any court of

Sweet potatoes

50 competent jurisdiction shall be punished by a fine Tomatoes

56 of not less than twenty dollars ($20.00) or more

Turnips

55 than one hundred dollars ($100.00) or by imprison

Wheat

60 ment in the county jail for not more than three [3]

Unless otherwise agreed to between the contracmonths or by both such fine and imprisonment.

ting parties, the following shall constitute the legal [1921]

measurement for hay in stack in the state of Sec. 39–1009. Impersonation of superintendent; penalty.

Wyoming: Four hundred and twenty-two (422)

cubic feet shall constitute a ton of clean, native Any person who shall impersonate in any way the state superintendent of weights and measures, or his

blue joint hay, after thirty (30) days' up to three (3)

months' settlement in stack. As to all other kinds of authorized assistants, by the use of his seal or the

hay, after the same shall have been settled in stack counterfeit of his seal, or otherwise, shall be guilty

from sixty (60) days and up, five hundred and twelve of a misdemeanor, and upon conviction thereof in

(512) cubic feet shall constitute a ton of alfalfa or any court of competent jurisdiction, shall be pun

rough slough grass, after the same shall have been in ished by a fine of not less than one hundred dollars

the stack thirty (30) days and up to one (1) year. ($100.00) nor more than five hundred dollars

Four hundred and fifty (450) cubic feet shall con($500.00) or by imprisonment for not more than

stitute a ton of clean timothy and clover, after the one year or by both such fine and imprisonment.

same shall have been in the stack thirty (30) days, [1921]

and up to one (1) year. For making measurements Sec. 39–1010. Sale by net weight.

of hay in stack, the following is hereby made the

legal method of measurement, to wit: The width Whenever any commodity is sold on a basis of

and length of the stack shall be measured, and the weight, it shall be unlawful to employ any other

distance from the ground against one side of the weight in such sale than the net weight of the com- stack to the ground against the other side of the stack, modity; and all contracts concerning goods sold on

directly over and opposite, shall be taken in linear a basis of weight shall be understood and construed

feet and inches, and then the width shall be subacccordingly. Whenever the weight of a commodity

tracted from the measurement over the stack, as is mentioned in this Act (Secs. 39–1001–39–1015]

above indicated, the result divided by two [2] and it shall be understood and construed to mean the

the result so obtained multiplied by the width, and net weight of the commodity. [1921]

the result thus obtained multiplied by the length, Sec. 39–1011. Standard weights per bushel; measurement of

which will give the number of cubic feet contained hay.

in the stack, and the tonnage shall thereupon be All commodities hereinafter named in this section

determined by dividing the total number of cubic shall be sold either by the bushel or by weight, and

feet by the number of cubic feet allowed under the when sold by the bushel, the bushel shall consist of

provisions of this section for a ton. [1921] the number of pounds hereinafter stated; and when- Sec. 39–1012. Weighmasters: Appointment; weight certifiever such commodities (as) are hereinafter named cates; fee; penalty. are sold in the subdivisions of the bushel, the num- It shall be the duty of the county commissioners ber of pounds in such subdivision of the bushel shall to see that every city and town in their county conconsist of the fractional part of the number of taining two thousand [2,000] or more inhabitants, Compiled Statutes 1945 Annotated, Vol. 3, Ch. 39, offer for sale, or use or have in his possession for the Art. 10–Weights and Measures—Continued. purpose of selling or using any device or instrument

to be used to, or calculated to, falsify any weight or is provided with public scales for the weighing of coal, hay and other merchandise sold by weight,

measure or any weighing or measuring device; shall and that every city and town council in the respec

be guilty of a misdemeanor, and shall be punished tive counties shall appoint a city or town weigh

by a fine of not less than twenty dollars ($20.00)

or more than two hundred dollars ($200.00), or by master, whose services shall be paid for by the city or town appointing such weighmaster. It shall be

imprisonment for not more than three (3) months, the duty of every vendor of coal, hay and other mer

or by such fine and imprisonment, upon a first conchandise sold in bulk, and of the agents and em

viction in any court of competent jurisdiction; and ployes of such vendor, to cause such coal, hay and

upon a second or subsequent conviction in any court other merchandise to be weighed and a statement of

of competent jurisdiction, he shall be punished by

a fine of not less than fifty dollars ($50.00) or more such weight to be delivered to the purchaser with

than five hundred dollars ($500.00), or by imprisonthe article so weighed. Where such coal, hay or other merchandise is weighed on a public or city

ment in the county jail for not more than one year, scale, the weighmaster shall charge for every such

or by both such fine and imprisonment. [1921). certificate of weight a fee of ten cents (10¢], which Sec. 39–1015. Definitions. shall be paid by the vendor or producer, and shall The word “person” as used in this Act (Secs. by said weighmaster be turned into the treasury 39–1001—39–1015), shall be construed to import of the city or town by which he was appointed. Any both the singular and plural, as the case demands, person failing to comply with this requirement for

and shall include corporations, companies, societies weighing coal, hay or other merchandise, or failing and associations. to deliver the certificate of weight as aforesaid, shall The words "weights, measures or (and) weighing on conviction be punished by a fine of not less than or (and) measuring devices" as used in this Act shali ten dollars ($10.00] nor more than one hundred be construed to include all weights, scales, beams, dollars ($100.00] for each offense. [1921).

measures of every kind, instruments and mechanical Sec. 39–1013. Rules and regulations by superintendent.

devices for weighing or measuring, and any appli

ances and accessories connected with any or all such The state superintendent of weights and measures instruments. shall establish uniform tolerances or reasonable

The word “sell” or "sale" as used in this act shall variations to take care of unavoidable shrinkage, and

be construed to include barter and exchange. of scale variations in handling and weighing of any of the articles mentioned in this Act (Secs. 39-1001

(1921] 39–1015), and shall adopt such rules and regulations Compiled Statutes 1945 Annotated, Vol. 2, Ch. 29, as he may deem necessary to carry out the provisions

Art. 3—Cities of the First Class. of this chapter (article], and he may change, modify,

Sec. 29–330. Power to regulate weights and measures. or amend any or all rules and regulations whenever deemed necessary, and the rules and regulations so

They [cities of first class 1) shall have power to made shall have the force and effect of law. [1921]

purchase and own grounds for and to erect and es

tablish and regulate markets and scales; Sec. 39–1014. Violations; penalty.

to establish and regulate standard weights and Any person, who by himself or his servant or measures; to regulate the weighing and measuring agent, or as the servant or agent of another person of every commodity sold in this city; to provide for shall offer or expose for sale, sell, use in the buying

the inspection and weighing of hay, grain and coal, or selling of any commodity or thing, or for hire or the measuring of wood and fuel to be used in the award, or retain in his possession a false weight or

city; and to determine the place or places of the measure, or weighing or measuring device, or any

same, and to regulate and prescribe the place or weight or measure or weighing or measuring device places of exposing for sale, hay, coal and wood, and which has not been sealed by the state superintend

to fix the fees and duties of persons authorized to ent of weights and measures, or his authorized perform such duties. [1909] assistants, at his direction; or shall sell or offer or 1 All cities having more than 4,000 inhabitants are cities of expose for sale less than the quantity he represents,

the first class. when as the buyer, he furnishes the weight, measure,

Compiled Statutes 1945 Annotated, Vol. 1, Ch. 9, or weighing or measuring device by means of which

Art. 9—False Weights and Measures. the amount of commodity is determined, or who shall keep for the purpose of sale, offer or expose for Sec. 9–911. Giving false weights in merchandise. sale, or sell any commodity in a manner contrary Every person who, in putting up in any bag, bale, to law; or who shall violate any provision of this box, barrel or other package, any hops, cotton, Act (Secs. 39–1001—39–1015), for which a specific wool, grain, hay or other goods usually sold in bags, penalty has not been provided, or who shall sell or bales, boxes, barrels or other packages by weight,

a legible and plainly printed statement in the English language clearly and truly certifying:

(a) the net weight of the contents of the package, lot or parcel; [1917; last amended 1949.]

puts in or conceals therein anything whatever for the purpose of increasing the weight of such bag, bale, box, barrel or package, and thereby defrauding the purchaser, shall be guilty of a misdemeanor, and on conviction shall be punished by a fine not to exceed one hundred dollars ($100.00]. (1884] Sec. 9-912. Using false weights for weighing gold or other

commodities.

If any person shall knowingly have, keep, or use any false or fraudulent scales or weights for weighing gold or gold dust, or any other article or commodity, every person so offending, shall, on conviction, be fined not exceeding five hundred dollars ($500.00], or imprisonment in the county jail not exceeding six (6) months. (1876) Sec. 9–915. Using false weights for weighing grains.

If any person shall knowingly sell by false weights or measures, or shall knowingly use false weights or measures at any threshing machine, or at any mill, in taking toll for grinding or threshing corn, wheat, rye or other grain and seeds, he shall be deemed a common cheat and shall be fined not more than one hundred dollars ($100.00], and shall be imprisoned in the county jail not exceeding six [6] months. (1876) Compiled Statutes 1945 Annotated, Vol. 3, Ch. 34,

Art. 9—Commercial Feeding Stuffs. Sec. 34–901. Definition.

The term "Commercial Feeding Stuffs” shall be held to include all feeding stuffs and mineral mixtures used for feeding live stock and poultry, except whole seeds or grains and except custom grinding, custom mixing or custom pelleting; the unmixed meals made directly from the entire grains of corn, wheat, rye, barley, oats, buckwheat, kaffir and milo; whole hays, straws, cotton seed hulls and corn stover when unmixed with other materials and all other materials containing sixty per cent (60%) or more of water. [1917; last amended 1949.) Sec. 34–902. Marking requirements.

Every lot or parcel of commercial feeding stuffs sold, offered or exposed for sale or distributed within this state except mineral mixtures shall have affixed thereto a tag or label, in a conspicuous place on the outside thereof, containing a legible and plainly printed statement in the English language, clearly and truly certifying:

(a) The net weight of the contents of the package, lot or parcel;

Sec. 34–909. Violations; penalty.

Any manufacturer, importer, jobber, firm, association, corporation or person who shall sell, offer or expose for sale, or distribute in this state, any commercial feeding stuffs, without having attached thereto or furnished therewith such stamps, labels or tags as required by the provisions of this Act [Secs. 34-901—34-910], or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent said Commissioner of Agriculture or his authorized agent in the performance of his duty in connection with the provisions of this Act, or who shall sell, offer or expose for sale, or distribute in this state any commercial feeding stuffs as defined in Section 1' [Section 34-901), without complying with the requirements of the provisions of this Act,

shall be deemed guilty of a violation of the provisions of this Act and upon conviction thereof shall be fined not more than one hundred dollars ($100.00) for the first violation and not less than one hundred dollars ($100.00) for each subsequent violation.

[1917] Sec. 34–910. Enforcement; rules and regulations.

The Commissioner of Agriculture is hereby empowered to enforce the provisions of this Act. (Secs. 34–901—34–910] and to prescribe the form of tags, stamps or labels to be used to show that the registration has been properly filed, and to prescribe and enforce such rules and regulations relating to the sale of commercial feeding stuffs as he may deem necessary, and adopt such standards and definitions, to carry into effect the full intent and meaning of this Act. [1917] Compiled Statutes 1945 Annotated, Vol. 3, Ch. 34,

Art. 10—Livestock Remedies. Sec. 34–1001. Definitions.

The term "livestock remedy" shall be held to include all condimental feeds, medicated stock foods, medicinal stock foods, stock food tonics, stock powders, condition powders, conditioners, animal regulators, proprietary medicines, or other preparations of like nature in either solid or liquid form used for any animal except man and administered either internally or externally for their stimulating, invigorating, curative, or other powers. [1929; last amended 1949.] Sec. 34–1002. Registration.

Before any manufacturer, importer, jobber, firm, association, corporation, or person shall sell, offer or expose for sale, or distribute in the state of Wyoming any live stock remedy he shall file for

Every lot or parcel of mineral mixtures as used for live stock and poultry feeding, coming under the heading of commercial feeding stuffs, which is sold, offered or exposed for sale or distributed within this state shall have affixed thereto a tag or label, in a conspicuous place on the outside thereof, containing

888243—51—71

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