1935 Statutes Annotated, Vol. 4, Ch. 166-Transient Dealers.

Sec. 1. Transient dealer defined.

The term "transient dealer," for the purpose of this chapter [Secs. 1-13], shall mean and include any person, either principal or agent, who engages in the business of traveling about carrying or conveying with him for sale and selling manufactured goods, manufactured wares or manufactured merchandise, so carried or conveyed with him for sale, and it shall also include peddlers and hawkers of manufactured goods, manufactured wares and manufactured merchandise. [1911]

Sec. 11. Short weight or measure; penalty.

measure,

no "transient dealer" shall commit any fraud in the transaction of his business as a "transient dealer," sell any manufactured goods, wares or merchandise by any false or short weight or *. And every person who shall be convicted of a violation of any provision of this section shall be punished by a fine of not less than ten (10) dollars, and not more than one hundred (100) dollars, or by imprisonment in the county jail for not less than ten (10) days, and not more than one (1) year, or by both such fine and imprisonment. [1911]

Laws 1949, Ch. 100-"State Department of Agriculture Act of 1949."

Sec. 2. Definitions.

(a) "Department" means the State Department of Agriculture.

(d) "Commission" means the State Agricultural Commission.

(e) "Commissioner" means the Commissioner of Agriculture. [1949]

Sec. 3. State Department of Agriculture: Creation.

There is hereby created, as an administrative department in the executive branch of the state government, a State Department of Agriculture, hereinafter referred to as the department. [1949]

Sec. 4. Same: Powers and duties.

The Department shall have and exercise the following functions, powers and duties.

(6) To foster and encourage the standardizing, grading, inspection, labeling, handling, storage and marketing of agricultural products. And, after investigation and public hearings thereon, acting in

Sec. 7. Commissioner of Agriculture.

(1) The administrative and executive head of the State Department of Agriculture shall be the Commissioner, which office is hereby created. The Commissioner shall be appointed by the Governor, subject to the constitution and laws of the state, on recommendation of the commission [State Agricultural Commission].

(2) The office of director of agriculture is hereby abolished and all powers and duties of said director of agriculture are hereby transferred to the Department of Agriculture to be exercised by the Commissioner. [1949]

Sec. 9. Transfer of functions.

(a) The Director of Agriculture and the Director of Markets. Wherever in the statutes the words and phrases "director" or "director of markets" or "director of agriculture" are used, the same shall mean Commissioner of Agriculture or his duly authorized representative, and all powers and duties vested in said director, or director of markets or director of agriculture, are hereby transferred to the Department of Agriculture, to be exercised by the Commissioner or his duly authorized representative. Specifically, the foregoing transfers shall be made effective in the following chapters and subdivision:

Chapter 66, Session Laws of Colorado, 1939, cited as the Colorado Agricultural Marketing Act of 1939, and Chapter 4, Session Laws of Colorado, 1941.

Sections 60 to 124, Chapter 69, 1935 Colorado Statutes Annotated, Chapters 131, 132 and 133, Session Laws of Colorado, 1941, Ch. 100, Session Laws of Colorado, 1943, and Chapter 128, Session Laws of

The commissioner may issue and enforce a written or printed "Stop Sale, Use, or Removal" order to the owner or custodian of any lot of commercial fertilizer or soil amendment, and to hold at a designated place, when the commissioner finds said commercial fertilizer or soil amendment is being offered or exposed for sale in violation of any of the provisions of this Act [Secs. 1-22]. The commissioner shall release the commercial fertilizer, so withdrawn, when the requirements of the provisions of this Act have been complied with, and all costs and expenses incurred in connection with the withdrawal have been paid. [1949]

Sec. 16. Seizure.

Any lot of commercial fertilizer, or soil amendment, not in compliance with the provisions of this Act [Secs. 1-22] shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the district in which said commercial fertilizer or soil amendment is located. [1949]

Sec. 17. Penalties for violations.

Any person, firm or corporation who shall violate any of the provisions of this Act [Secs. 1-22] or the rules and regulations issued thereunder shall be deemed guilty of a violation of the provisions of this Act and upon conviction thereof shall be fined not less than one hundred ($100) dollars for the first violation and not less than one hundred ($100)

Laws 1949, Ch. 107-"Commercial Fertilizer Law of 1949"-Continued.

dollars or more than five hundred ($500) dollars for each subsequent violation. [1949]

Laws 1949, Ch. 111-"Colorado Anti-Freeze Act." Sec. 1. Definition.

(a) "Anti-freeze" shall include 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 to prevent freezing of the cooling liquid or to lower its freezing point; [1949]

Sec. 4. When deemed misbranded.

Anti-freeze shall be deemed to be misbranded: (a) If its labeling is false or mis-leading in any particular; or

(b) If in package form it does not bear a label containing * an accurate statement of the quantity of the contents in terms of weight or measure on the outside of the package. [1949] Sec. 5. Enforcement.

The State Inspector of Oils shall enforce the provisions of this Act [Secs. 1-14] by inspections, chemical analysis, or any other appropriate methods. [1949]

Sec. 11. Penalties for violations.

If any person, partnership, corporation, or association shall violate the provisions of this Act [Secs. 1-14], or fail to comply with any of the provisions of this Act, such person, partnership, corporation or association shall be deemed guilty of a misdemeanor and, upon conviction shall be fined any sum not less than $50.00, and not exceeding $300.00 for each offense. [1949]

Laws 1949, Ch. 240-Livestock Sales Rings.
Sec. 2. Definitions.

(a) The term "livestock" shall mean and include horses, mules, cattle, burros, swine, sheep, goats and poultry.

(b) The term "Livestock Sales Ring" when used in this Act [Secs. 1-21] shall mean any place, establishment or facility commonly known as a "livestock sales ring" conducted or operated for compensation or profit as a livestock sales ring, consisting of pens, or other enclosures and their appurtenances, in which live horses, mules, cattle, burros, swine, sheep, goats and poultry are received, held or assembled for either public or private sale. The person, partnership or corporation owning or controlling premises defined as a "Livestock Sales Ring" shall be compensated for the use of the premises and the services performed in handling the livestock in connection with the sale. [1949]

Any person, firm, corporation or association who, with intent to sell or in any wise dispose of merchandise, securities, service, or anything offered by such person, firm, corporation, or association directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, makes, publishes, disseminates, circulates, or places before the public, or causes, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in this state, in a newspaper or other publication, or in the form of a book, notice, hand-bill, poster, bill, circular, pamphlet, or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service, or anything so offered to the public, which advertisement contains any assertion, representation or statement which is untrue, deceptive or misleading, shall be guilty of a misdemeanor. [1915]

Sec. 318. Same: Penalty.

On conviction of each and every offense, as herein above set forth, the violator shall be punished by a fine of not less than ten dollars, nor more than three hundred dollars, or by imprisonment in the county jail for a term not exceeding thirty days, or by both such fine and imprisonment. [1915]

General Statutes, Revision of 1949, Vol. III, Title 50, Ch. 321-Commissioner of Weights and Measures, Sealers and Inspectors.

Sec. 6747. State commissioner of weights and measures; inspectors; duties; powers.

The commissioner of food and drugs shall be state commissioner of weights and measures. The commissioner may appoint inspectors of weights and measures, with all the powers incident to that office, when directed so to act by the commissioner. Said commissioner shall take charge of the standards adopted under the provisions of section 6773, as the standards of the state, and cause them to be kept in a fireproof building belonging to the state, or in a suitable place in his office, 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 years, to the national bureau of standards for certification. He shall, at least once in two years, test by the state standards all standard weights, measures and other apparatus which belong to any county, city or borough and shall seal such apparatus as is found to be accurate, by stamping thereon, with seals kept for that purpose, the letter "C" and the last two figures of the year of certification. He shall have general supervision of the weights, measures and weighing and measuring devices sold, offered for sale or used in the state. He, or the inspectors by his direction, shall, at least once in each year, test all scales, weights and measures used in checking the receipt or disbursement of supplies in each institution for the maintenance of which moneys are appropriated by the general assembly, and he shall report, in writing, his findings to the supervisory board and to the executive officer of the institution concerned, and, at the request of such board or executive officer, he shall appoint, in writing, one or more employees, in the service of each institution, who shall act as special deputies for the purpose of checking the receipt or disbursement of supplies. He shall keep a complete record of the standards, balances and other apparatus belonging to the state, and take a receipt for the same from his successor in office. He, or the inspectors at his direction, shall, at least once in two years, inspect the work of the local sealers throughout the state and shall have power to inspect and ascertain the correctness of all

weights, scales, beams, measures, instruments or mechanical devices for measuring, and tools, appliances or accessories connected with any such instruments or measures kept, offered or exposed for sale, sold, used or employed by any proprietor, agent, lessee or employee in proving the size, quantity, extent, area or measurement of quantities, things, produce or articles for distribution or consumption, offered or submitted by such person or persons for sale, hire or reward; and shall, from time to time, weigh or measure packages or amounts of commodities of any kind kept for the purpose of sale, offered 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 accordance with law. They may, in the performance of their official duties, enter, without warrant, into or upon any stand, place, building or other premises, or stop any vendor, peddler, junk dealer or driver of any vehicle transporting or containing coal, coke, ice or other commodity, or any dealer, and require him to proceed to some place which they may specify, for the purpose of making tests. Said commissioner or the inspectors may seal any such weighing or measuring instrument or apparatus which is found to be correct and may seize and destroy any incorrect weight, measure or weighing or measuring instrument. The commissioner shall issue, from time to time, regulations for the guidance of county, city and borough sealers, and such regulations shall govern the procedure to be followed by such officers in the discharge of their duties. [1911; last amended 1947.]

Sec. 6748. County and city standards.

The county commissioners of each county and the common council of each city required to appoint a sealer under the provisions of this chapter [Secs. 6747-6752] shall procure, at the expense of the county or city, and shall keep, at all times, a complete set of weights and measures and other apparatus, of such materials and construction as the commissioner of weights and measures may direct. All such weights, measures and other apparatus, having been tried and accurately proven by him, shall be sealed and certified to by him and shall then be deposited with and preserved by the county or city sealer as public standards for such county or city. Whenever the county commissioners of any county or the common council of any such city