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Sec. 1075. Seizure and quarantine.

The director (of agriculture] may seize and quarantine any economic poison which is adulterated, or misbranded within the meaning of this article (Secs. 1061-1079),

*. It shall be unlawful for any person to transport, destroy or dispose of any quarantined economic poison without securing a permit from the director. (1933; last amended 1939.) Deering's Agricultural Code, Div. V, Ch. 7a-Com

mercial Feeding Stuffs. Sec. 1081. Definition.

"Commercial feeding stuffs” includes all feeding stuffs and concentrates used for feeding live stock and poultry except the following:

(a) Whole seeds or grains, when unmixed.

(b) Fresh green roughage, and unprocessed liquid milk in all its forms.

(c) Whole hays, straws, cottonseed hulls, corn stover and wet citrus waste residue, when unprocessed and unmixed with other materials.

(d) Wet garbage, and salt except in block or chunk form. (e) Preparations which are sold as

or represented to be primarily for the cure or mitigation of disease.

(f) Preparations which are sold for feeding domestic pets; such as, dogs, cats, and birds. [1933; last amended 1941.] Sec. 1083. Marking requirements.

Every lot or parcel of commercial feeding stuffs sold or distributed within this State except as otherwise provided in this chapter (Secs.1081-1092] or by specific regulation of the director (of agriculture] declaring the statement not to be applicable to certain products, shall have affixed thereto a tag or label, in a conspicuous place on the outside thereof, containing a legible and plainly printed statement certifying:

(a) The net weight of the contents of the lot or parcel. [1933; last amended 1947.)

product in the package is a special mix; the number and date of the invoice; the name of the mixer or manufacturer; and the net weight of the contents.

The provisions of this chapter (Secs. 1081-1092] shall not apply to services classed as "toll milling" or "custom milling.” The processing of exempt commodities by the person negotiating the sale of such exempt commodities shall not be classed as “toll milling" or "custom milling.” [1935; last amended 1947.) Sec. 1086. Mislabeling defined.

Commercial feeding stuffs shall be deemed to be mislabeled if in any respect they are not as represented. [1933; last amended 1941.] Sec. 1089. Violations; penalties.

Any person is guilty of a misdemeanor and is punishable by a fine of not more than one hundred dollars ($100) for the first violation and not less than one hundred dollars ($100) for each subsequent violation, who:

(a) sells or distributes in this State, any commercial feeding stuffs without having attached thereto such labels,

as are required by this chapter (Secs. 1081–1092];

(b) obstructs or prevents or attempts to prevent the department (of agriculture) or its authorized agent in the performance of its duty in connection with the provisions of this chapter;

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(i) makes any false or fraudulent claim or representation, relating to any commercial feeding stuffs, on any label or invoice, or in any advertisement, or in any other manner. (1933; last amended 1947.]

Sec. 1083.3. Invoices to customers; numbering and particu

lars; tags and stamps; exempt services.

Any person who manufactures, processes, or mixes any commercial feeding stuffs, for another, shall, when such commercial feeding stuffs (special mixes) are not to be resold, furnish to the person for whom said commercial feeding stuffs are manufactured or mixed, a numbered invoice which shall have written or printed thereon the date of sale and the name and the number of pounds of each ingredient entering into such commercial feeding stuffs. Each package of such commercial feeding stuffs mixture shall have attached thereto a written or printed tag upon which shall be stated: The

Sec. 1091. Enforcement officer; rules and regulations.

The director (of agriculture] shall enforce the provisions of this chapter (Secs. 1081-1092] and prescribe and enforce such rules and regulations relating to the sale of,

commercial feed. ing stuffs as he may deem necessary to carry into effect the full intent and meaning of this chapter. (1933; last amended 1947.] Deering's Agricultural Code, Div. V, Ch. 8, Secs.

1101 to 1108.1-Eggs.

[ED. NOTE.—These sections comprise requirements for the grading of eggs including minimum weights for the different size grades, and are not given in detail because the

requirements relate primarily to quality.] Deering's Agricultural Code, Div. VI, Ch. 5-Agri.

cultural Warehouses. Sec. 1231. Definitions.

As used in this chapter (Secs. 1231-1258]:

(a) “Warehouse” means every elevator, building, structure, or other protected enclosure within

Deering's Agricultural Code, Div. VI, Ch. 5–Agri- Deering's Agricultural Code, Div. VI, Ch. 9Farm cultural Warehouses Continued.

Products. the State, in which any agricultural product is or

Sec. 1299.18. Definitions. may be stored. [1933]

As used in this chapter [Secs. 1299.18–1300.9i]:

Sec. 1232. Powers of director.

The director (of agriculture) is authorized:

(a) To investigate the storage, warehousing, classifying according to grade and otherwise, weighing and certification of products. [1933]

Sec. 1240. Classifier's license.

The director (of agriculture) may, upon presentation or [of] satisfactory proof of competency, issue to any person a license to classify any product or products, stored or to be stored in a warehouse licensed under this chapter (Secs. 1231-1258], according to grade or otherwise and to certificate the grade or other class thereof, or to weigh the same and certificate the weight thereof, or both to classify and weigh the same and to certificate the grade or other class and the weight thereof, upon condition that such person agrees to comply with and abide by the terms of this chapter and of the rules and regulations prescribed hereunder. [1933] Sec. 1241. Suspension or revocation of license.

Any license issued to any person to classify or to weigh any product under this chapter (Secs. 12311258] may be suspended or revoked by the director (of agriculture] whenever he is satisfied, after opportunity afforded to the licensee concerned for a hearing, that such licensee has failed to classify or to weigh any agricultural product correctly.

[1933; last amended 1945. Sec. 1247. Contents of receipts.

Every receipt issued for products stored in a warehouse shall embody within its written or printed terms:

(c) The term “farm products” includes all agricultural, horticultural, viticultural and vegetable products of the soil, honey and bees-wax, flaxseed and cottonseed, but shall not include timber and timber products, milk and milk products.

(d) The term "processor” means any person engaged in the business of processing, or manufacturing farm products, who solicits, buys, contracts to buy, or otherwise takes title to or possession or control of, farm products from the producer thereof for the purpose of processing or manufacturing the same and selling, reselling or redelivering the same in dried, canned, extracted, fermented, distilled, frozen, or other preserved or processed form.

Retail merchants having a fixed or established place of business in this State shall not be included within the term "processor"; provided, however, that such exemption shall apply only to retail merchants who do not also sell at wholesale farm products processed or manufactured by them. [1935; last amended 1947.] Sec. 1299.19. Weighing by public weighmaster.

In all cases where farm products are sold to and purchased by processors on the basis of weight, such products shall be weighed by a public weighmaster, licensed under the laws of this State, and a certificate as to such weight issued by him to the seller, and settlement for such product shall be made on the weight shown thereby. [1939; last amended 1945.) Sec. 1300. Exemptions.

This chapter (Secs. 1299.18–1300.9i] does not apply to or include any nonprofit cooperative association organized and operating under and by virtue of the provisions of Chapter 4, Division VI of the Agricultural Code of this state or of similar laws of any other States or the District of Columbia or the United States or the agents of such organizations in the performance of their duties as such except as to that portion of the activities of such organization, or agent, as involves the handling or dealing in the farm products of nonmembers of such organizations. [1935; last amended 1939.) Sec. 1300.6. Penalty for violations; civil liability.

(1) Any person is guilty of a misdemeanor and is punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than one (1) year, or by both fine and imprisonment, who under the provisions of this chapter [Secs. 1299.18–1300.9i]:

(f) A description of the products received, showing the quantity, or, in case of products customarily put up in bales or packages, the marks, numbers, or other means of identification and the weight of such bales or packages. [1933]

Sec. 1254. Suspension or revocation of license.

The director [of agriculture] may suspend or revoke any license issued under this chapter (Secs. 1231-1258], for any violation of or failure to comply with any provisions of this chapter or of the rules and regulations made hereunder or upon the ground that unreasonable or exorbitant charges have been made for services rendered. Pending investigation, the director, whenever he deems necessary, may suspend a license temporarily without hearing.

(1933; last amended 1945.]

(e) Who fails to comply in every respect with this chapter.

packages of distilled spirits in containers less than one-half pint which are sold and delivered to railroad, sleeping car or steamship companies for use and consumption on trains or boats. [1935; last amended 1945.]

(4) Any person who violates any provisions of this chapter shall be liable civilly in the sum of five hundred dollars ($500) for each and every violation, such sum to be recovered in an action by the director (of agriculture] in any court of competent jurisdiction. All sums recovered under this section shall be deposited in the State Treasury to the credit of the Department of Agriculture Fund. [1935; last amended 1949.) Penal Code of 1947–Misdemeanor. Sec. 19. Punishment of misdemeanor when not otherwise prescribed.

Except in cases where a different punishment is prescribed by any law of this State, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding five hundred dollars, or by both. [1933] Penal Code of 1947, Part 1, Title X-False Tests as

to Dairy Products. Sec. 381a. Penalty for rendering inaccurate, incorrect, or false tests as to dairy products.

Any person, or persons, whether as principals, agents, managers, or otherwise, who buy or sell dairy products, or deal in milk, cream or butter, and who buy or sell the same upon the basis of their richness or weight or the percentage or butter-fat contained therein, who use any apparatus, test-bottle or other appliance, or who use the “Babcock test” 1 or machine of like character for testing such dairy products, cream or butter, which is not accurate and correct, or which gives wrong or false percentages, or which is calculated in any way to defraud or injure the person with whom he deals, is guilty of a misdemeanor, and upon conviction shall be fined not more than five hundred dollars ($500.00) or imprisoned in the county jail not more than six (6) months. [1901]

1 See Sec. 688, Agricultural Code, page 133. Deering's General Laws, Vol. 2, Act 3796—"Al

coholic Beverage Control Act."

[Ed. Note.—The State Board of Equalization shall enforce the provisions of Act 3796. See Sec. 38 of said act.] Sec. 53.6. Containers for beer.

No beer intended for sale in the State of California, except for export, shall be contained in bottles, jugs or cans having a capacity of more than 64 ounces,

*, provided that nothing in this paragraph shall be construed to prohibit the possession or sale by a qualified licensee of draft or unpasteurized beer from or in metal or wood kegs of a capacity of three and one-half (312) gallons or more. [1937] Deering's General Laws, Vol. 2, Act 6386—“Public

Utilities Act." Sec. 46. Gas, electricity, water and heat: Measuring appliances; testing before use; testing upon request; fees. (a) The commission (railroad commission) shall

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, water and heat corporations; * 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.

have power,

of cream,

Sec. 34. Packages not conforming to statute.

(c) 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. 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 if the appliance is found defective or incorrect to the disadvantage of the consumer or user, under such rules and regulations as may be prescribed by the commission. [1915; last aménded 1919.) Deering's Water Code—Miner's Inch. Sec. 24. Miner's Inch of Water.

The standard miner's inch of water shall be equivalent to one and one-half cubic feet of water per minute, measured through any aperture or orifice. (1943; based on Stats. 1901, Ch. 222, Sec. 1.]

(b) It shall be unlawful for any rectifier or wholesaler of distilled spirits to deliver to the premises of any on- or off-sale general licensee or for any on- or off-sale general licensee to sell or have in his possession at the licensed premises distilled spirits in package containing more than one gallon and, after December 31, 1937, in packages containing less than one-half pint; except that the provisions of this paragraph shall not apply to

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1935 Statutes Annotated, Vol. 4, Ch. 175–Weights and Measures

Page Sec. 1 Standard of weights and measures

152 2 Ton

152 3 Bushel weights; bushel for charcoal; perch of

stone; perch of brickwork; foot wall of brick;
size of brick; method of measuring inch of
water

152 4 Treasurer to procure standards

152 5 Equipment: Comparison with standards; approval; condemnation

152 6 Appointment of inspector; bond

153 7 Fees of inspector

153 8 Inspector's tools

153 9 Offenses; penalty

153 10 Inspector's duty

153 Weight certificate for coal or coke

153 13 Same: Contents

153 14 Same: Penalty

153 17 Standard containers for small fruits and berries; exceptions

153 18 Same: Penalty

153 Flour, corn meal, hominy and hominy grits:

Standard weight containers; exceptions; pen-
alty for violations

154 1935 Statutes Annotated, Vol. 4, Ch. 163, Art. 2—Towns

and Cities Sec. 10 General powers of incorporated towns and cities

154 1935 Statutes Annotated, Vol. 4, Ch. 163, Art. 3—Cities

of the First Class Sec. 48 Definition

154 69 Additional powers

154 1935 Statutes Annotated, Vol. 2, Ch. 5, Art. 2–Weigh

ing of Sugar Beets at Factories Sec. 14 Farmer's chemist: Appointment; duties ----- 154 1947 Supplement to 1935 Colorado Statutes Annotated,

Vol. 2, Ch. 5, Art. 8—"Insecticide, Fungicide and

Rodenticide Act of 1947.Sec. 97 (2) Definitions

155 97 (3) Marking requirements

155 97 (6) Enforcement

155 97 (8) Penalties

155 97 (9) Seizures

156 1935 Statutes Annotated, Vol. 2, Ch. 49–Milk and

Cream Sec. 3 Enforcement officer

156 8 Babcock tests; glassware; offenses

156 13 Weights tickets for milk and cream

156 27 Obstructing officials; penalty

156 29 General penalty

156 1935 Statutes Annotated, Vol. 3, Ch. 58, Art. 2—

Narcotic Drugs Sec. 37 Marking requirements

156 46 Enforcement officers

156 47 Penalties

156 1935 Statutes Annotated, Vol. 3, Ch. 69, Art. 1-Food Sec. 2 Offenses; penalty

157 3 Rules and regulations

157 6 Definition of food

157 8 When food deemed misbranded

157 9 Guaranty protection

157 10 Seizure and confiscation

157

1935 Statutes Annotated, Vol. 3, Ch. 69, Art. 9—Standard Containers for Fruits and Vegetables

Pago Sec. 65 Standard packages

157 67 Rules and regulations for marking of containers

158 81 Deceptive pack

158 92 Marking requirements for melons and cantaloupes

158 101 Violations; penalty

158 1935 Statutes Annotated, Vol. 3, Ch. 90, Art. 10—Unit

of Measurement of Flowing Water Sec. 214 Cubic foot per second

158 1947 Supplement to 1935 Statutes Annotated, Vol. 4,

Ch. 106, Art. 3—"The Colorado Agricultural Mar.

keting Act of 1939." Sec. 49 Definitions

158 50 Enforcement

158 52 Standard containers

158 56 Penalty for violations

159 62 Exceptions

159 1935 Statutes Annotated, Vol. 4, Ch. 110, Art. 8,

Weighing of Coal at Mines Sec. 101 Scales; testing; weights certified

159 102 Manner of weighing coal

159 103 Check weighman: Election; duties

159 1935 Statutes Annotated, Vol. 4, Ch. 110, Art. 11.

False Weighing of Ore Sec. 247 Ore Dealers: False weights and scales; penalty 159 261 Same: Bond

159 266 Same: Penalty for violations

160 1947 Supplement to 1935 Statutes Annotated, Vol. 4,

Ch. 118, Art. 14Fuel Products Sec. 1 Definitions

160 2 Classification

160 16 Compartments on tank trucks; capacity meas

160 23 Sealing of measuring devices

160 Penalty for violations

160 1935 Statutes Annotated, Vol. 4, Ch. 128, Art. 3, Secs. 11 to 16-Eggs.

160 1935 Statutes Annotated, Vol. 4, Ch. 134, Art. 3—Ton

Measure for Coal Mined on Public Lands Sec. 84 Ton defined

160

ure

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[blocks in formation]

1935 Statutes Annotated, Vol. 4, Ch. 160, Art. 14–

Commercial Feeding Stuffs
Sec. 213 Definition

214 Marking requirements
223 Violations; penalty; seizure

225 Enforcement officer; rules and regulations 1935 Statutes Annotated, Vol. 4, Ch. 166—Transient

Dealers
Sec. 1 Transient dealer defined

11 Short weight or measure; penalty

161 161 161 161

162 162

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