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meters and appliances for examining, measuring, or testing such service, product or commodity. The Commission may purchase such materials, apparatus and standard measuring instruments as it deems necessary to carry out the provisions of this section.

The Commission shall provide for the inspection of the manner in which every public utility conforms to the reasonable regulations prescribed by the Commission for examining, measuring and testing its service, product or commodity, and the Commission may supplement such inspections by examining, measuring and testing the service, product or commodity of any public utility. Any consumer or user may have tested any appliance for examining, measuring or testing any such service, product or commodity upon payment of the fees fixed by the Commission. The Commission shall declare and establish reasonable fees to be paid for examining and testing such appliances on the request of consumers or users, 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 measuring appliance be found unreasonably defective or incorrect to the disadvantage of the consumer or user.

he Commission, its officers, agents, experts or inspectors and employees shall have power to enter upon any premises occupied by any public utility for the purpose of making the examinations and tests provided in this Act, and to set up and use on such premises, any apparatus and appliances and occupy reasonable space therefor.

therefor. [1921] 1 Those engaged in the production, storage, transmission, sale, delivery or furnishing of heat, cold, light, power, electricity or water, etc.

And at the time such grain is received by it for transportation, such corporation shall carefully and correctly weigh the same, and issue to the shipper thereof a receipt or bill of lading for such grain, in which shall be stated the true and correct weight.

And such corporation shall weigh out and deliver to such shipper, his consignee or other person entitled to receive the same, at the place of delivery, the full amount of such grain, without any deduction for leakage, shrinkage or other loss in the quantity of the same.

In default of such delivery, the corporation so failing to deliver the full amount of such grain shall pay to the person entitled thereto the full market value of any such grain not delivered at the time and place when and where the same should have been delivered.

If any such corporation shall, upon the receipt by it of any grain for transportation, neglect or refuse to weigh and receipt for the same, as aforesaid, the sworn statement of the shipper, or his agent having personal knowledge of the amount of grain so shipped, shall be taken as true, as to the amount so shipped; and in case of the neglect or refusal of any such corporation, upon the delivery by them of any grain, to weigh the same, as aforesaid, the sworn statement of the person to whom the same was delivered, or his agent having personal knowledge of the weight thereof, shall be taken as true, as to the amount delivered. And if, by such statements, it shall appear that such corporation has failed to deliver the amount so shown to be shipped, such corporation shall be liable for the shortage, and shall pay to the person entitled thereto the full market value of such shortage, at the time and place when and where the same should have been delivered. (1871)

Sec. 55. Same: Meter reader to leave card at consumer's writ

ten request.

The Commission [Illinois Commerce Commission shall require that every public utility furnishing natural or artificial gas, electricity or water to the public, where the individual consumption is measured by meter, shall, upon written request of any consumer, cause the meter reader at the time of reading such consumer's meter to leave at such meter a card showing the present reading of the meter, the last previous reading, and the dates of such two readings. [1921] Smith-Hurd Annotated Statutes, Ch. 114–Weighing

of Grain.

Sec. 205. Examination of grain and scales in warehouses;

incorrect scales.

All persons owning property, or who may be interested in the same, in any public warehouse, and all duly authorized inspectors of such property, shall at all times, during ordinary business hours, be at full liberty to examine any and all property stored in any public warehouse in this state,

.. And all scales used for the weighing of property in public warehouses shall be subject to examination and test by any duly authorized inspector or sealer of weights and measures, at any time when required by any person or persons, agent or agents, whose property has been or is to be weighed on such scales—the expense of such test by an inspector or sealer to be paid by the warehouse proprietor if the scales are found incorrect, but not otherwise. Any warehouseman who may be guilty of continuing to use scales found to be in an imperfect or incorrect condition by such examination and test, until the same shall have been pro

Sec. 111. Weighing of grain by railroads: Weight receipt;

no deduction for shrinkage; damages; evidence; shortage.

That every railroad corporation, chartered by or organized under the laws of this state or doing business within the limits of the same, when desired by any person wishing to ship any grain over its road, shall receive and transport such grain in bulk,

Smith-Hurd Annotated Statutes, Ch. 114—Weighing weights shall always be given in the receipts or bills of Grain Continued.

of lading and used as the basis of any freight connounced correct and properly sealed, shall be liable

tracts affecting such shipments between such railto be proceeded against as hereinafter provided.

road companies and the owners, agents or shippers (1871]

of such grain, millstuffs or seeds so transported and

transferred. (1887] Sec. 224. Department of agriculture to control weighing. The Department of Agriculture shall,

Sec. 230. Same: Weighing and transferring in transit. supervise and have exclusive control of the weigh

The practice of loading grain, millstuffs or seeds ing of grain and other property which may be sub

into foreign or connecting-line cars at the initial ject to inspection, and the inspection of scales and

point from which the grain, millstuffs or seeds are the action and certificate of such Department in the

originally shipped, or the running of the original discharge of its duties shall be conclusive upon all

car through without transfer, shall not relieve the parties in interest. [1883; last amended 1943.) ]

railroad making the contract to transport the same

to its destination or connection leading thereto, Sec. 225. Fees for weighing.

from weighing and transferring such property in The Illinois Commerce Commission shall fix the the manner aforesaid, unless the shipper, owner or fees to be paid for the weighing of grain or other agent of such grain, millstuffs or seeds shall otherproperty. Such fees shall be paid equally by all wise order or direct. [1887] parties interested in the purchase and sale of the

Sec. 231. Same: Proceedings to compel enforcement of law; property weighed, or scales inspected and tested.

civil actions. [1883; last amended 1943.]

Any railroad company neglecting or refusing to Sec. 227. Rules and regulations.

comply promptly with any and all of the requireThe Illinois Commerce Commission shall adopt

ments of either sections 1 or 2 (Secs. 229 or 230] such rules and regulations for the weighing of grain

of this act (Secs. 229-232], shall be liable in damages and other property as it deems proper. [1883;

to the party interested, to be recovered by the party last amended 1943.]

damaged in a civil action, and such party may pro

ceed by mandamus against any railroad company so Sec. 228. Penalty for refusing access to scales.

refusing or neglecting to comply with the requireIn case any person, warehouseman or railroad ments of this act; and if the shipper, owner or agent corporation or any of their agents or employees, of any such grain, millstuffs or seeds shall fail or refuses or prevents the Department of Agriculture neglect to proceed by mandamus, it shall then be from having access to their scales, in the regular the duty of the Illinois Commerce Commission of performance of its duties in supervising the weigh- this state, upon complaint of the party or parties ining of any grain or other property in accordance terested, to proceed against the railroad failing or with this act [Secs. 224-228 they shall be fined the refusing to comply with the provisions of this act; sum of one hundred dollars ($100) for each offense, and all the powers heretofore conferred by law upon to be recovered, together with costs of prosecution the Illinois Commerce Commission of this state, in a civil action, before any justice of the peace in shall be applicable in the conduct of any legal prothe name of the People of the State of Illinois. ceedings commenced by such Commission under this Such fine shall be paid to the county in which the act. [1887; last amended 1937.] suit is brought. [1883; last amended 1943.]

Sec. 232. Same: Penalty for violating Secs. 229 and 230. Sec. 229. Weighing of grain in bulk; transfer at railroad transfer points.

Any railroad company so refusing or neglecting

as aforesaid, shall be liable to a penalty of not less That in all counties of the third class, and in all

than $100 nor more than $500 for each neglect or cities having not less than 50,000 inhabitants, where

refusal as aforesaid, to be recovered in a civil action bulk grain, millstuffs or seeds are delivered by any

in the name of the People of the State of Illinois railroad transporting the same from initial points

for the use of the county in which such act or acts to another road for transportation to other points,

of neglect or refusal shall occur, and it shall be the such road or roads receiving the same for transporta- duty of the Illinois Commerce Commission to cause tion to said points or other connections leading

prosecutions for such penalties to be instituted and thereto, shall provide suitable appliances for un

prosecuted. [1887; last amended 1937.] loading, weighing and transferring such property from one car to another without mixing or in any Smith-Hurd Annotated Statutes, Ch. 1211/2—Paint way changing the identity of the property so transferred, and such property shall be accurately

Sec. 81. Labeling required. weighed in suitably covered hopper scales, which That every person, firm or corporation who shall will determine the actual net weight of the entire expose for sale, or sell, within this state, any white contents of any carload of grain, millstuffs or seeds lead or paint, shall accurately label the same a: at a single draft, without gross or tare, and which hereinafter required. (1917]

Sec. 82. Definition.

The term “paint”, as used in this Act (Secs. 81-95], shall include white lead in oil or any compound intended for the same use, paste or semipaste, and liquid or mixed paint of any kind ready for use, or any compound intended for the same use. [1917] Sec. 83. Marking requirements.

Labels required by this act (Secs. 81–95) shall clearly and distinctly state

in case of liquid paints, and other compounds, on packages holding one quart or more, the net measure of contents of each can, package or container. In case of white lead and other paints and compounds, the label shall show on packages weighing four pounds or more the net weight of each can, package or container. [1917] Smith-Hurd Annotated Statutes, Ch. 1211/2—Com

munity Sales. Sec. 208. Definitions.

When used in this Act (Secs. 208–219] “person" means any person, firm or corporation.

“Department” means the Department of Agriculture of the State of Illinois.

"Livestock" means cattle, swine, sheep, goats, horses, mules and poultry.

"Community Sale" means any sale or exchange of livestock or other personal property held by any person at an established place of business or premises where the livestock or personal property is assembled for sale or exchange and is sold or exchanged at auction or upon a commission basis at regular or irregular intervals but more frequently than three times a year. (1941)

such property is weighed shall be regularly inspected and tested. [1941; last amended 1947.] Sec. 217. Exemptions.

The provisions of this Act (Secs. 208–219) shall not apply to the business of buying or assembling livestock for the purpose of prompt shipment to or slaughter in any livestock market or packing house subject to the Act of Congress known as the Packers and Stockyards Act 1 or any place where veterinary inspection is regularly maintained under the Bureau of Animal Industry of the Department of Agriculture of the United States. [1941]

17 U.S. C. A. Sec. 181 et seq. Sec. 218. Rules and regulations for enforcement; right of

entry.

The Department may make reasonable rules and regulations for carrying out the provisions of this Act (Secs. 208–219].

For the purpose of carrying out the provisions of this Act and making inspections hereunder, the Department or any duly authorized representative thereof, shall have the right to enter the establishment or premises where any community sale is held and to inspect the records thereof at all reasonable times. [1941] Sec. 219. Penalty for violations.

Any person who shall operate a community sale without a license, as herein required, or who shall violate any of the provisions of this Act (Secs. 208– 219] or of any rules or regulations lawfully issued hereunder, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $300. Each day upon which property is sold or exchanged at any community sale shall constitute a separate offense. [1941] Smith-Hurd Annotated Statutes, Ch. 38, Div. I

False Advertising.
Sec. 249a. Unlawful acts; misdemeanor.

Any person, firm, corporation or association or agent or employee thereof, who, with intent to sell, purchase, or in any wise dispose of, or to contract with reference to merchandise, securities, real estate, service, employment, money, credit or anything offered by such person, firm, corporation or association, or agent or employee thereof, directly or indirectly, to the public for sale, purchase, loan, distribution, or the hire of personal services, or with intent to increase the consumption of or to contract with reference to any merchandise, real estate, securities, money, credit, loan, service, or employment, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, or to make any loan, makes, publishes, disseminates, circulates, or places before the public, or causes, di

Sec. 213. Refusal of, suspension or revocation of license.

The Department may decline to grant or to renew a license or may suspend or revoke a license already granted if the Department, after due notice and hearing, finds:

(a) That the licensee has violated any provision of this Act (Secs. 208–219] or any rule, order or regulation issued hereunder;

(f) That the licensee, in the case of property weighed on the licensee's scales and sold by weight, has knowingly quoted incorrect weights or has failed to have his scales regularly inspected and tested. (1941; last amended 1945.]

Sec. 215. Scales to be inspected and tested.

In case any community sale shall sell livestock or other property by weight, the scales upon which

Smith-Hurd Annotated Statutes, Ch. 38, Div. I

False Advertising—Continued. rectly or indirectly to be made, published, disseminated, circulated, or placed before the public, in this state, in a newspaper, magazine, or other publication, or in the form of a book, notice, handbill, poster, sign, bill, circular, pamphlet, letter, placard, card, label, or over any radio station, or in any other way similar or dissimilar to the foregoing, an advertisement, announcement, or statement of any sort regarding merchandise, securities, real estate, money, credit, service, employment, or anything so offered for use, purchase, loan or sale, or the interest, terms or conditions upon which such loan will be made to the public, which advertisement contains any assertion, representation or statement of fact

which is untrue, misleading or deceptive, shall be guilty of a misdemeanor. [1935; last amended 1945.)

1 See Sec. 586, below, punishment for misdemeanor. Smith-Hurd Annotated Statutes, Ch. 38, Div. II

Misdemeanor.
Sec. 586. Punishment when not otherwise prescribed.

Where the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, the doing of such act is a misdemeanor, and may be punished by fine not exceeding $100, or imprisonment in the county jail not exceeding six months, or both, in the discretion of the court. (1874]

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Burns Statutes Annotated 1933, Vol. 11, Title 69, Ch. 1 - Weights and Measures, Supervision

Page Sec. 69-101 County standards

302 69_102 State standards

303 69-103 Director of weights and measures: Duties; tolerances; regulations

303 69-104 County inspectors of weights and measures:

Appointment; removal; salary; inspection
districts

303 69_105 City inspector of weights and measures: Appointment; removal; salary

304 69_106 County and city inspectors: Duties; bond 304 69_107 Same: Qualifications; removal; appeal 305 69-108 Approval or condemnation of equipment 305 69-109 Police powers; seizure

305 69-110

Right of entry; prosecution; interference
with inspectors; penalties

305 69_111 Sale by weight or measure; packaged com

modities; marking requirements; ton 306 69_112 False scales and measuring devices

306 69-113 Sale by weight or numerical count; excep

tions; containers for small fruits; defini.
tions

306 69_114 Weighmasters: Appointment; duties; penalty 306 69_115 Definitions

306 69–116 Penalties

307 69-117 Constitutionality

307 Burns Statutes Annotated 1933, Vol. 11, Title 69, Ch. 2

-Weights and Measures, Containers for Fruits and
Vegetables
Sec. 69-201 Standard hampers

307 69-202 Standard round-stave baskets

308 69-203 Standard splint baskets

308 69-204 Standard climax baskets

309 69-205 Standard containers for small fruits

310 69-206 Tolerances and regulations

310 69-207 Specifications may be changed by regulations

310 69-208 Penalty for violations of act; guaranty pro

tection
69-209 Seizure and confiscation

311 69-210 Shipment to other states

311 69-211 Prosecutions

311 69_212 Enforcement; right of entry

311 69_213 Cooperation with local authorities

312 69-214 Application of act to wooden containers; ex. ceptions

312 69-215 Construction of act

312 Burns Statutes Annotated 1933, Vol. 11, Title 69, Ch. 3

- Weights and Measures, Standards for Commodities Sec. 69-305 Barrel, gallon, ton and bushel weights 312 69-307 Flour, corn meal, hominy and hominy grits:

Burns Statutes Annotated 1933, Vol. 4, Title 10, Ch. 48

-False Weights and Measures
Sec. 10-4801 Altering inspector's marks; penalty

315 10-4802 Selling by short weight

315 10_4803 Selling coal by false weight; penalty 315 10_4804 Short-weight packages of certain commodities; penalty

315 10_4805 Wheat: Standard measure; exception; penalty

315 10_4806 Use of false scales, weights, and measuring devices; penalty

315 10_4807 Same: Enforcement

316 10_4808 Same: Act supplements existing laws

316 10_4809 Falsely increasing weight of rags and paper 316 10_4810 Same: Penalty

316 10-4811 Watermelons: Count and weight; statements 316 10-4812 Same: Unlawful not to make statements 316 10_4813 Same: Penalty

316 Burns Statutes Annotated 1933, Vol. 5, Title 16, Ch. 10

-Commercial Feeding Stuff Sec. 16–1002 Marking requirements

316 16-1006 Penalties for violations; exceptions

316 16-1009 Rules and regulations

317 16_1011 Definition

317

311

Burns Statutes Annotated 1933, Vol. 7, Title 35, Ch. 11

-Standard Weights for Loaves of Bread Sec. 35-1109 Standard weights; tolerances; marking requirements; enforcement

317 35-1110 Penalty for violations

317 35–1111 City ordinances

317

Standard weight containers; exceptions 313 69_308 Same: Penalty for violations

313 Burns Statutes Annotated 1933, Vol. 11, Title 69, Ch. 4

-Weights and Measures, Marking of Fresh Fruits and Vegetables Sec. 69_408 "Package" defined

313 69-409 Marking requirements

313 69-410 Sale in unmarked container prohibited 313 69_416 Enforcement

313 69_417 Exception

314 69_418 Penalties for violations

314 Burns Statutes Annotated 1933, Vol. 9, Title 48, Ch. 14

- Cities Sec. 48–1407 Powers of common council

314 888243-51-20

Acts of 1949, Ch. 157, Art. 5— "Uniform Indiana Food,

Drug, and Cosmetic Act.”
Sec. 1902 Definitions

1903 Prohibited acts
1907 Rules and regulations
1908 Enforcement
1916 Penalties for violations
1917 Violation with intent to defraud; penalty
1918 Guaranty protection
1921 Embargo
1922 Same
1938 Minor violations
1950 Food: Standard of fill of container
1956 When food deemed misbranded
1957 Same
1958 Same
1960 Same
1965

Exempt food

317 318 319 319 319 319 319 319 319 319 319 319 319 320 820 320

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