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before some person having authority to administer oaths, to keep their scales correctly balanced, to make true weights, and to render a correct account to the person having weighing done. (1873] Sec. 214.7. Weighmaster's records; certificates of weight.

Weighmasters are required to make true weights and keep a correct register of all weighing done by them, giving the amount of each weight, date thereof, and the name of the person or persons for whom done, and give, upon demand, to any person having weighing done, a certificate showing the weight, date, and for whom weighed. [1873] Sec. 214.8. Penalty for violating sections 214.6 and 214.7.

Any weighmaster violating any of the provisions of sections 214.6 and 214.7, shall be guilty of a misdemeanor, and punished as provided in chapter 189 1 and be liable to the person injured for all damages sustained. (1924)

1 See Sec. 189.19, page 340. Code 1946, Vol. I, Title X, Ch. 215—Inspection of

Weights and Measures. Sec. 215.1. Duty to inspect.

The department (of agriculture] shall make an inspection of all weights and measures wherever the same are kept for use in connection with the sale of any commodity sold by weight or measurement, or where the price to be paid for producing any commodity is based upon the weight or measurement thereof; and when complaint is made to the department that any false or incorrect weights or measures are being made under said conditions, said department shall have the same inspected. [1913] Sec. 215.2. Fees.

An inspection fee shall be charged the person own. ing or operating the scale so inspected in accordance with the following schedule:

Railroad track scales, ten dollars each.

All hopper and automatic scales, three dollars each.

Platform scales, 500 to 1,000 pounds beam capacity, one dollar each; 1,001 to 30,000 pounds capacity, three dollars each; 30,001 to 50,000 pounds capacity, five dollars each; 50,001 pounds capacity and up, seven dollars each. (1915; last amended 1943.] Sec. 215.3. When fee shall be paid by complainant.

When such inspection shall be made upon the complaint of any person other than the owner of the scale, and upon examination the scale is found by the department to be accurate for weighing, the inspection fee for such inspection shall be paid by the person making complaint. [1915] Sec. 215.4. No more than two fees per year; exception.

No person shall be required to pay more than two inspection fees for any one scale in any one year

unless additional inspections are made at the request of the owner of said scale. [1915] Sec. 215.5. Confiscation and condemnation.

The department (of agriculture) may seize without warrant and confiscate any incorrect scales, weights, or measures, or any weighing apparatus or part thereof which do not conform to the state standards or upon which the license fee has not been paid. If any weighing or measuring apparatus or part thereof be found out of order the same may be tagged by the department "Condemned until repaired," which tag shall not be altered or removed until said apparatus is properly repaired. [1913] Sec. 215.6. Possession of false weights or measures; penalty.

If any person engaged in the purchase or sale of any commodity by weight or measurement, or in the employment of labor where the price thereof is to be determined by weight or measurement of the articles upon which such labor is bestowed, has in his possession any inaccurate scales, weights, or measures, or other apparatus for determining the quantity of any commodity, which do not conform to the standard weights and measures, he shall be punished as provided in chapter 189.1 [1915]

1 See Sec. 189.19, page 340. Sec. 215.7. Transactions by false weights or measures; penalty.

Any person shall be deemed to have violated the provisions of this chapter (Secs. 215.1-215.9) and shall be punished as provided in chapter 189:1

1. If such person sell, trade, deliver, charge for or claim to have delivered to a purchaser an amount of any commodity which is less in weight or measure than that which is asked for, agreed upon, claimed to have been delivered, or noted on the delivery ticket.

2. If such person make settlement for or enter credit, based upon any false weight or measurement, for any commodity purchased.

3. If such person make settlement for or enter credit, based upon any false weight or measurement, for

any labor where the price of producing or mining is determined by weight or measure.

4. If such person record a false weight or measurement upon the weight ticket or book. (1915)

1 See Sec. 189.19, page 340. Sec. 215.8. Tolerances; exemptions as to small packages.

In enforcing the provisions of section 215.7 reasonable variations shall be permitted and exemptions as to small packages shall be established by rules of the department (of agriculture). [1915) Sec. 215.9. Limitation on powers of cities and towns,

Commodities weighed upon any scale bearing the inspection card, issued by the department [of agriculture), shall not be required to be reweighed by any ordinance of any city or town or city under speCode 1946, Vol. I, Title X, Ch. 215—Inspection of

Weights and Measures—Continued. cial charter or under the commission form of government, nor shall their sale, at the weights so ascertained, and because thereof, be, by such ordinance, prohibited or restricted. [1915] Laws 1949, Ch. 93—Weighing and Measuring De

vices and Repairmen. Sec. 4. Livestock, vehicle, and hopper scales; visibility of

indications of retail scales; bonding of and equipment for scale repairmen; fees for sealing test weights and calibrating tanks; specifications and tolerances.

In shall be unlawful to install a livestock or truck scale or a hopperscale, used for commercial purposes in this state, unless said scale is so installed that the same is easily accessible for inspection and testing by equipment of the state department of agriculture and with due regard to size and capacity thereof. Every scale manufacturer or dealer shall, upon selling a scale of the above types in Iowa, submit to the department of agriculture upon forms provided by said department, the make, capacity of the scale, the date of sale, and the date and location of its installation.

The weight indicating dial or beams on counter scales used to weigh articles sold at retail shall be so located that the reading dial indicating the weight shall at all times be visible to the public.

Any person, firm, or corporation engaging in any scale repair work for hire in this state shall first file with the department of agriculture a bond of the form required by chapter sixty-four (64), Code 1946, in the sum of one thousand dollars conditioned to guarantee the workmanship and faithful performance of the assumed task and providing for liquidated damages for failure to perform such conditions. Such person, firm, or corporation, on de. positing with the department of agriculture a bond in the amount of one thousand dollars shall be furnished a certificate authorizing them to do what is known as scale repair work, or installation of new scales in the state of Iowa. This certificate shall be valid until revoked by the secretary of agriculture.

All new weigh beams or dials on what is known as livestock scales used for determining the weight in buying or selling livestock shall be in not over five (5) pound graduations.

No scale known in the commercial field as a truck or livestock scale shall be installed in the State of Iowa without first being approved by the state department of agriculture. Said approval being based upon the recommendations of the U. S. Bureau of Standards. All motor truck scales, livestock scales, and grain dump scales, hereafter installed and regardless of capacity shall have a clearance of not less than four (4) feet from the finished floor line of scale pit to the bottom of the “I” beam of the scale bridge.

Scale pit shall have proper room for inspector or service man to repair or inspect scale. Scale pit shall

remain dry at all times and adequate drainage shall be provided for the purpose of inspecting and cleaning

It shall be unlawful for any person, firm, or corporation to use such a scale for weighing commodities the gross weight of which is greater than the factory rated scale capacity. The capacity of the scale shall be stamped by the manufacturer on each weigh beam or dial. The capacity of the scale shall be posted so as to be visible to the public.

Any person, firm, or corporation engaged in scale repair work for hire shall use only test weights sealed by the state department of agriculture in determining the effectiveness of his repair work and said test weights shall be sealed as to their accuracy once each year. Provided, however, that it shall be unlawful for such person to hold himself out as an official scale inspector or to use said test weights except to determine the accuracy of scale repair work done by him and he shall be entitled to no fee for their use. A fee shall be charged and collected at time of inspection for the inspection of such weights as follows:

All weights up to and including 25 pounds - $ .75 each
All weights up to and including 50 pounds. 1.50 each
Over 50 pounds capacity, up to and includ-
ing 100 pounds

2.00 each
Over 100 pounds capacity, up to and includ.
ing 500 pounds

3.00 each
Over 500 pounds capacity, up to and includ-
ing 1000 pounds

5.00 each The fee for all tank calibrations shall be as follows:

100 gallons up to and including 300 gallons $ 3.00


5.00 501


7.50 1001


10.00 2001


12.00 3001


14.00 4001


16.00 5001


18.00 6001


20.00 7001

25.00 No calibration will be required of any tank which is not used for the purpose of measuring, or which is equipped with a meter, nor shall vehicle tanks loaded from meters and carrying a printed ticket showing gallonage be required to be calibrated.

The secretary of agriculture may after consulta tion and with the advice of U. S. bureau of standards establish specifications and tolerances for weights and measures and weighing and measuring devices, and said specifications and tolerances shall be legal specifications and tolerances in this state and shall be observed in all inspections and tests [1949] Code 1946, Vol. I, Title XV, Ch. 368—Cities and


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Sec. 368.35. Powers of cities and towns.

They [cities and towns) shall have power to es tablish and regulate markets and scales, to build market houses, and establish and regulate the

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Sec. 189.1. Definitions.

For the purpose of this title (Secs. 189.1-216.2]:

1. "Article" shall include food, commercial feed, agricultural seed, commercial fertilizer, drug, insecticide, fungicide, paint, linseed oil, turpentine, and illuminating oil, in the sense in which they are defined in the various provisions of this title.

2. "Department" shall mean the department of agriculture, and, wherever said department is required or authorized to do an act, it shall be construed as authorizing performance by a regular assistant or a duly authorized agent of said department.

3. “Secretary” shall mean the secretary of agriculture.

4. "Package" or "container," unless otherwise defined, shall include wrapper, box, carton, case, basket, hamper, can, bottle, jar, tube, cask, vessel, tub, firkin, keg, jug, barrel, tank, tank car, and other receptacles of a like nature; and wherever the expression "offered or exposed for sale or sold in package or wrapped form” is used it shall mean the offering or exposing for sale, or selling of an article which is contained in a package or container as herein defined.

5. "Person" shall include a corporation, company, firm, society, or association; and the act, omission, or conduct of any officer, agent, or other person acting in a representative capacity shall be imputed to the organization or person represented, and the person acting in said capacity shall also be liable for violations of this title.

6. “Rules” shall include regulations and orders by the department of agriculture. [1913]

time to time, or whenever said department has occasion to believe any of the provisions of this title (Secs. 189.1-216.2] are being violated, samples of the articles dealt with in this title which have been shipped into this state, offered or exposed for sale, or sold in the state. [1897] Sec. 189.4. Right of entry.

The department (of agriculture] shall have full access to all places, factories, buildings, stands, or premises, and to all wagons, auto trucks, vehicles, or cars used in the preparation, production, distribution, transportation, offering or exposing for sale, or sale of any article dealt with in this title (Secs. 189.1-216.2]. (1897] Sec. 189.5. Dealer to furnish samples.

Upon request and tender of the selling price by the department [of agriculture] any person who prepares, manufactures, offers or exposes for sale, or delivers to a purchaser any article dealt with in this title (Secs. 189.1-216.2] shall furnish, within business hours, a sample of the same, sufficient in quantity for a proper analysis or examination as shall be provided by the rules of the department. [1913] Sec. 189.6. Taking samples without owner's consent.

The department [of agriculture] may, without the consent of the owner, examine or open any package containing, or believed to contain, any article or product which it suspects may be prepared, manufactured, offered, or exposed for sale, sold, or held in possession in violation of the provisions of this title (Secs. 189.1-216.2], in order to secure a sample for analysis or examination, and said sample and damage to container shall be paid for at the current market price out of the con. tingent fund of the department. [1897] Sec. 189.7. Procedure in taking of samples.

After the sample is taken it shall be carefully sealed with the seal of the department (of agriculture and labeled with the name or brand of the article, the name of the party from whose stock it was taken, and the date and place of taking such sample. Upon request a duplicate sample, sealed and labeled in the same manner, shall be delivered to the person from whose stock the sample was taken. The label and duplicate shall be signed by the person taking the same. The method of taking samples of particular articles may be prescribed by the rules of the department. [1897] Sec. 189.9. Marking requirements.

All articles in package or wrapped form which are required by this title [Secs. 189.1-216.2] to be labeled, unless otherwise provided, shall be conspicuously marked in the English language in iegible letters of not less than eight-point heavy

Sec. 189.2. Duties of department of agriculture.

The department of agriculture shall:

2. Make and publish all necessary rules, not inconsistent with law, for enforcing the provisions of this title [Secs. 189.1-216.2]. (1897]

Sec. 189.3. Procuring samples.

The department [of agriculture] shall, for the purpose of examination or analysis, procure from

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The above items shall be printed in such a way that there shall be a distinct contrast between the color of the letters and the background upon which printed. (1873] Sec. 189.10. Same: Exceptions.

In case the size of the package or container will not permit the use of the type specified in section 189.9, the same may be reduced in size proportionately in accordance with the rules of the department [of agriculture]. [1913] Sec. 189.13. Misbranding prohibited.

No person shall use any label required by this title [Secs. 189.1-216.2) which bears any representations of any kind which are deceptive as to the true character of the article or the place of its production, or which has been carelessly printed or marked, nor shall any person erase or deface any label required by this title. [1873] Sec. 189.14. Dealing in misbranded articles.

No person shall knowingly introduce into this state, solicit orders for, deliver, transport, or have in his possession with intent to sell, any article which is labeled in any other manner than that prescribed by this title [Secs. 189.1-216.2] for the label of said article when offered or exposed for sale, or sold in package or wrapped form in this state. [1873] Sec. 189.16. Possession prima facie evidence.

Any person having in his possession or under his control any article which is adulterated or which is improperly labeled according to the provisions of this title [Secs. 189.1-216.2] shall be presumed to know its true character and name, and such possession shall be prima facie evidence of having the same in possession with intent to violate the provisions of this title. [1897] Sec. 189.19. Penalties.

Unless otherwise provided, any person violating any provision of this title (Secs. 189.1-216.2], or any rule made by the department (of agriculture) and promulgated under the authority of said department, shall be punished by a fine of not less than ten dollars nor more than one hundred dollars or by imprisonment in the county jail not to

exceed thirty days, and on a third conviction for the same offense may be restrained by injunction from operating such place of business. (1873] Sec. 189.21. Same: Exception.

None of the penalties provided in this title [Secs. 189.1–216.2] shall be imposed upon any common carrier for introducing into the state, or having in its possession, any article which is adul. terated or improperly labeled according to the provisions of this title when the same was received by said carrier for transportation in the ordinary course of its business and without actual knowledge of its true character. [1897] Sec. 189.26. Goods for sale in other states.

Any person may keep articles specifically set apart in his stock for sale in other states which do not comply with the provisions of this title (Secs. 189.1– 216.2] as to standards, purity, or labeling. [1913] Code 1946, Vol. I, Title X, Ch. 191–Labeling Foods. Sec. 191.1. Marking requirements.

All food offered or exposed for sale, or sold in package or wrapped form, shall be labeled on the package or container as prescribed in section 189.91

[and 189.10) *. (1897) 1 See pages 339 and 340. Code 1946, Vol. I, Title X, Ch. 192_Milk and Cream. Sec. 192.14. Testing; license.

Every person testing cream or milk to determine the percent of milk fat as a basis for fixing the purchase price shall secure a milk tester's license from the department (of agriculture and shall make tests only by such process as has been approved by said department. [1915) Sec. 192.16. Same: Department to furnish glassware.

The department [of agriculture] shall furnish each licensee one standard test bottle and one standard pipette adapted to the use of the testing machine approved for the licensee. Said bottle and pipette shall be certified to by the department as standard and shall bear the official stamp of the department. Any person not a licensee may secure test bottles and pipettes from the department at the legal price. (1897) Sec. 192.17. Same: Fees.

The fee for each license shall be two dollars and fifty cents, and standard test bottles and pipettes shall be furnished at actual cost. (1897] Sec. 192.18. Same: Testing of glassware.

The standard bottle and pipette received from the department [of agriculture shall be used by the licensee in verifying test tubes and pipettes used by him in making tests; and the same shall be subject to inspection by the owner or vendor of the cream or milk which is the subject of the test. [1897]

Sec. 192.34. Marking of milk bottles.

Bottles or jars used for the sale of milk shall have clearly blown or permanently marked in the side of the bottle, the capacity of the bottle, and on the bottom of the bottle the name, initials, or trademark of the manufacturer. The designating number shall be furnished by the department (of agriculture] on request. [1913] Code 1946, Vol. I, Title X, Ch. 196, Sec. 196.13 Eggs.

[ED. NOTE.—This section relates to the different grades of eggs and specifies minimum weights per dozen for each grade, but as its provisions are primarily "quality" provi.

sions they have not been included in this publication.] Code 1946, Vol. I, Title X, Ch. 198—Commercial


Sec. 198.6. Labels may be written.

Labels on packages or containers of commercial feeds may be written instead of being printed; but when written, the writing must be plain and legible [1913] Code 1946, Vol. I, Title x, Ch. 200—"Iowa Fer

tilizer Law of 1941." Sec. 200.2. Enforcement.

This chapter (Secs. 200.1–200.15) shall be administered by the secretary of agriculture of the state, hereinafter referred to as the “secretary.” (1941) Sec. 200.3. Definitions.

As used in this chapter (Secs. 200.1–200.15):

The term “commercial fertilizer” means any substance, including any combination or mixture of substance, designed and fit for use in inducing increased crop yields or plant growth when applied to the soil, except unmanipulated animal and vege table manures, liming materials, and gypsum.

The term "fertilizer material” means any substance which is or may be used with another substance in the compounding of mixed fertilizers, or for direct application to the soil, principally as a source of plant food, except untreated animal and vegetable manure, liming materials, and gypsum. (1941)

Sec. 198.1. Definitions.

For the purpose of this chapter (Secs. 198.1198.14]:

1. "Commercial feed" shall mean "food” as defined in the chapter (Ch. 190) relative to the adulteration of foods, except that it shall only include food in concentrated form, and mineral mixtures, intended for feeding domestic animals, and it shall not include hay, straw, whole seeds, unmixed meals made from entire grains of wheat, rye, barley, oats, Indian corn, buckwheat, or broom corn; nor shall it include wheat flour or other flours fit for human consumption.

2. "Stock tonic" shall mean a class of commercial feed such as medicated stock or poultry foods, including such preparations as are composed wholly of drugs which contain any substance claimed to possess medicinal, condimental, or nutritive properties. [1913] Sec. 198.2. Marking requirements.

All manufacturers, importers, jobbers, firms, associations, corporations, or persons, before selling, offering or exposing for sale or distributing in this state any brand of commercial feed, shall have printed on, or attached to each bag, package, and/or carton, in a conspicuous place, or delivered with each bulk lot, a label which shall contain a legible statement, printed in the English language, clearly and truly setting out:

1. The net weight of the contents of the package, bag, carton, or bulk lot; [1913]

Sec. 200.4. Registration.

It shall be unlawful for any person, acting for himself, or as agent, to sell or offer for sale within the State any commercial fertilizer or fertilizer material that has not been registered as required by this section.

Any person who may desire to sell or offer for sale, either by himself or through another person, commercial fertilizer or fertilizer material in this State shall first file with the Secretary, on registration forms supplied by him, a signed statement, giving the name and address of the applicant, the name of his brand or trade mark, and shall furnish the following information and guarantee for each package, bag, or bulk material to be sold within the state:

(1) Weight of each package in pounds; (1913; last amended 1941.)

Sec. 198.3. Shells.

Poultry shells or poultry limestone shall be classified as commercial feed, * [1931] Sec. 198.5. Marking requirements for stock tonic.

In the case of stock tonic, in addition to the requirements of section 198.2, the label shall state

.. (1913)

Sec. 200.7. Inspections.

It shall be the duty of the secretary, personally or by agents duly authorized in writing, to make such inspection of commercial fertilizer or fertilizer material in the state, to have such samples taken, and to have such chemical analysis made as in his judgment may be necessary to ascertain whether or not persons offering, selling, or distributing commercial fertilizer or fertilizer material are complying with

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