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Code 1946, Vol. I, Title X, Ch. 200—"Iowa Ferti- shall have plainly printed thereon in the English lizer Law of 1941”_Continued.

language the number of net pounds of agricultural lime in the package or lot,

* When agrithe provisions of this chapter [Secs. 200.1—200.15).

cultural lime is sold in bulk, a tag or waybill as (1941]

hereinbefore described shall be delivered to the Sec. 200.11. Offenses.

consumer. In case of agricultural lime sold at facIt shall be unlawful for any person to make any tory or shipped in bulk, or delivered in wagon or false and misleading representation in regard to any truck loads or other conveyances, it shall be accomcommercial fertilizer or fertilizer material shipped, panied by at least one such statement as above sold or offered for sale by him in this state, or to use required.

[1927; last amended 1945.) any misleading or deceptive trade-mark or brand

Sec. 201.6. Penalty for violations. name in connection therewith. The secretary is hereby authorized to refuse registration for any com

Whoever sells, offers for sale or exposes for sale mercial fertilizer or fertilizer material with respect

or distribution any package or sample or any quanto which this section is violated. (1941]

tity of agricultural lime or limestone without com

plying with the provisions of this chapter [Secs. Sec. 200.12. Bulk sales.

201.1—201.13]

shall be deemed guilty Nothing in this chapter [Secs. 200.1—200.15] of a misdemeanor. On conviction thereof he shall shall abridge the right of a consumer of commercial be fined not less than fifty dollars nor more than fertilizer to buy bulk materials from any manufac- one hundred dollars, and the secretary of agriculturer or dealer for his own use, provided the regis- ture may revoke his license.

(1927; last tration fee and tonnage tax have been paid thereon amended 1945.] if subject thereto, and that the provisions of this

Sec. 201.10. Rules and regulations. chapter otherwise in respect to such materials have been complied with. [1941]

The secretary of agriculture is hereby empowered

to prescribe and enforce such rules and regulations Sec. 200.13. Regulations.

relating to agricultural lime as may be deemed For the enforcement of this chapter [Secs. 200.1- necessary to carry into effect the full intent and 200.15] the secretary is authorized to prepare and meaning of this chapter (Secs. 201.1–201.13], and issue such regulations not inconsistent with this to refuse the registration of any agricultural lime chapter as may be necessary, and to cooperate with under a name or claim which would be misleading. any department or agency of the government of the [1945] state as he may elect in their enforcement. [1941]

Sec. 201.13. Penalty for obstructing officers. Sec. 200.14. Penalties.

Any person who shall obstruct the secretary of Unless otherwise provided, any person violating agriculture or his agents or representatives when in any provision of this title (Secs. 189.1-216.2] or any the discharge of any duty or duties prescribed by rule made by the department [of agriculture) and this chapter (Secs. 201.1—201.13], shall be deemed promulgated under the authority of said depart- to be guilty of a misdemeanor and upon conviction ment, shall be punished by a fine of not less than thereof shall be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred ten dollars nor more than one hundred dollars for dollars ($100.00) or by imprisonment in the county the first offense, and for each subsequent offense by jail not to exceed thirty (30) days. [1941]

a fine of not less than fifty dollars nor more than

thirty days in jail, or by both such fine and imprisCode 1946, Vol. I, Title X, Ch. 201—Agricultural onment. [1945] Lime.

Code 1946, Vol. I, Title X, Ch. 204—"Uniform Sec. 201.4. Definitions.

Narcotic Drug Act." The term "agricultural lime" or "limestone" as herein used, shall include all calcium and magne

Sec. 204.10. Marking requirements; penalty. sium products sold for agricultural purposes in the

1. Whenever a manufacturer sells or dispenses a oxide, hydrate, or carbonate form; such form being

narcotic drug, and whenever a wholesaler sells or designated as quicklime, hydrated lime, carbonate

dispenses a narcotic drug in a package prepared by of lime, and ground limestone. [1945]

him, he shall securely affix to each package in which

that drug is contained a label showing in legible Sec. 201.5. Marking requirements.

English the name and address of the vendor and the Any person who shall sell, offer or expose for sale quantity, kind and form of narcotic drug contained any agricultural lime in this state shall affix, or therein. cause to be affixed, to every package or sample of 3. Any person violating any of the provisions of such agricultural lime in a conspicuous place on this section shall be guilty of a misdemeanor and, the outside thereof a tag, label, or waybill which upon conviction thereof, shall be punished as pro shall be accepted as a guarantee of the manufac- vided in section 687.7.1 [1937; last amended 1941.] turer, importer, dealer, agent or person, and which 1 See page 343.

Sec. 204.20. Enforcement.

It is hereby made the duty of the Iowa pharmacy examiners, its officers, agents, inspectors and representatives, and of all peace officers within the state, and of all county attorneys, to enforce all provisions of this chapter (Secs. 204-1-204.25), except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states, relating to narcotic drugs. [1937] Code 1946, Vol. II, Title XXXV, Ch. 687—Mis

demeanor. Sec. 687.7. Punishment when not otherwise prescribed.

Every person who is convicted of a misdemeanor, the punishment of which is not otherwise prescribed by any statute of this state, shall be punished by imprisonment in the county jail not more than one year, or by fine not exceeding five hundred dollars, or by both such fine and imprisonment. [1851] Code 1946, Vol. I, Title X, Ch. 206-Insecticides

and Fungicides. Sec. 206.1, Definitions.

For the purpose of this chapter [Secs. 206.1206.5):

1. "Insecticide" shall include paris green, lead arsenate, and any other substance or mixture of substances intended to be used for preventing, destroying, repelling, or mitigating any insect which may infest vegetation, man, animals, households, or other environment.

2. “Paris green" shall include the product sold in commerce as paris green and chemically known as aceto-arsenite of copper.

3. "Lead arsenate" shall include the product sold in commerce as lead arsenate and consisting chemically of products derived from arsenic acid (H3AsO4) by replacing one or more hydrogen atoms by lead.

4. “Fungicide" shall include any substance or mixture of substances intended to be used for preventing, destroying, repelling, or mitigating any and all fungi which may infest vegetation or be present in any environment. [1924) Sec. 206.2. Marking requirements.

All insecticides and fungicides offered or exposed for sale, or sold in package or wrapped form, shall be labeled on each package or container as provided in sections 189.91

(and 189.101]. [1924] 1 See pages 339 and 340. Code 1946, Vol. I, Title x, Ch. 207-Paints and

Oils.
Sec. 207.2. Paint: Marking requirements.

All paint, including paint transported into and delivered in this state, offered or exposed for sale or sold in package or wrapped form shall be labeled

on each package or container as provided in sections 189.91

[and 189.101] [1913]

1 See pages 339 and 340. Sec. 207.3. Linseed oil and turpentine: Marking requirements.

All linseed oil or oil of turpentine offered or exposed for sale or sold in package or wrapped form shall be labeled on each package or container as provided in section 189.9,1 except that the label shall be printed with ordinary bold-faced type in capital letters not less than five-line pica in size. (1913]

1 See page 339. Sec. 207.4. Same: Marking requirements for substitutes.

Any compound or mixture consisting of linseed oil (raw or boiled) and any other product, or any compound or mixture consisting of oil or turpentine and any other product, or any product which is intended to be used as a substitute for linseed oil (raw or boiled) or for oil of turpentine, which is offered or exposed for sale or sold in package or wrapped form shall be labeled on each package or container as provided in sections 189.91 [and 189.101] except that the label shall be printed with ordinary bold-faced type in capital letters not less than five-line pica in size and the words "substitute for linseed oil" or "substitute for oil of turpentine,” as the case may be, shall also appear upon the label in the same manner prescribed for other items. Every storage receptacle containing any such product shall be labeled in the manner herein prescribed for the labeling of the package or container in which such product is offered or exposed for sale, or sold. [1913]

1 See pages 339 and 340. Code 1946, Vol. I, Title V, Ch. 81—Itinerant Mer

chants.

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Sec. 81.1. Definitions.

1. When used in this chapter [Secs. 81.1–81.14]:

d. “Department” shall mean the motor vehicle department of the state.

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g. “Itinerant merchant” shall mean any person who transports personal property for sale by him within this state, by use of a motor vehicle, except as herein otherwise provided.

2. The term “itinerant merchant" shall not mean or include the following:

a. A person using a motor vehicle, operated by him or his agent, for the transportation of milk, dairy products, grain, fruits, feed, seed, vegetables, livestock, poultry, or other agricultural products, produced or fed by him on a farm operated by him,

shall forthwith cancel the license. Said license so cancelled shall be renewed for the balance of the period for which issued by filing an additional bond with corporate surety in like amount conditioned as required in the previous bond. (1939; last amended 1941.)

Code 1946, Vol. I, Title V, Ch. 81–Itinerant Mer.

chants—Continued. or any person using a motor vehicle, for the transportation of newspapers, books, or magazines.

b. A person transporting property when such transportation is incident to a business conducted by him at an established place of business operated by him, either within or without this state, and when

property is being transported to or from said established place of business, and when the entire course of such transportation extends not more than three hundred and fifty miles from said established place of business; provided, however, that when the entire course of said transportation is for the purpose of delivery of said property subsequent to the sale thereof said three hundred and fifty miles restriction shall not apply.

c. A person licensed under the provisions of sections 203.6 or 203.7 [itinerant vendor of drugs).

d. A person operating in the manner of an itinerant merchant, buying or selling within a radius of fifty-miles from his residence, provided he has secured a permit, upon the payment of a fee of one dollar ($1.00) to cover expense of mailing and manufacture, upon application to the county treasurer or the department.

e. A salesman selling manufactured articles produced by his employer who sells the same to retail dealers for the purpose of resale.

3. Any person operating in the manner of an itinerant merchant claiming exemption because of interstate operations by passing through or across the state, shall obtain from the department, a permit without payment of fee for each trip or oper. ation. This permit shall state the date the trip is to be made, type of load to be carried, approximate route to be traversed, and source and destination of load. [1939; last amended 1941] Sec. 81.4. Bonds.

1. No license shall be issued by the department until the applicant shall have filed with each application, and the same have been approved by the department, an insurance policy and a bond issued by a company as herein defined authorized to do business within the state of Iowa as follows:

a. An indemnity bond in the penal sum of five hundred dollars for an itinerant merchant operating with more than twenty-five hundred pounds actual load. Such bond shall be in such form as may be prescribed by the department for the purpose of protecting the public against fraud, conditioned upon the use of honest weights, measures, and grades, if the commodities to be handled by the itinerant merchant are those customarily sold by weight, measure and grade;

The surety on such bond shall be a surety company authorized to engage in the surety business in this state.

Whenever the bond provided for in this section shall be exhausted, the department

Sec. 81.5. Department as agent to receive process.

Before a license shall issue, the applicant shall sign and file with the department an irrevocable power of attorney appointing the department his agent to accept service of original notice, in the event that personal service cannot be had upon the applicant in this state, for all causes of action against him arising out of the conduct of his business as an itinerant merchant.

(1939] Sec. 81.9. Revocation of licenses.

The department may revoke any license or permit issued under the provisions of this chapter (Secs. 81.1–81.14] after proper hearing before it, by the sending of due notice thereof by registered letter, to the itinerant merchant at his last known address, return receipt requested, not less than twenty days before the date of said hearing, for any of the following causes:

1. Failure to comply with the provisions of this chapter

or misrepresentation of the source, condition, quality, weight or measure of the products sold by the itinerant merchant. (1939)

Sec. 81.10. Rules.

The department shall make and enforce such rules for the administration of this chapter (Secs. 81.1-81.14) as may be necessary and proper. [1939] Sec. 81.12. Powers of county and municipal governments.

Nothing in this chapter (Secs. 81.1-81.14) shall be construed to repeal or amend any statute delegating authority to any county or municipal corporation to license, tax, or regulate peddlers or itinerant merchants:

(1939) Sec. 81.13. Penalties.

Any person violating any provision of this chapter (Secs. 81.1–81.14] shall be guilty of a misde meanor, except as herein otherwise provided, and shall upon conviction thereof be punished by a fine of not more than one hundred dollars or by im. prisonment in the county jail not exceeding thirty days. [1939] Sec. 81.14. Injunction.

Any county attorney, may commence an action in any court of competent jurisdiction, in the name of the state as plaintiff on the relation of such county attorney, to enjoin any person from violat. ing any of the provisions of this chapter [Secs. 81.181.14). Such action may be maintained upon due

Sec. 82.127. Penalties.

Any person, firm, or corporation violating any of the provisions of this chapter [Secs. 82.1–82.127] shall be guilty of a misdemeanor and shall be punished as hereinafter provided, respectively:

7. Any owner, lessee, or operator, or any party in charge of any mine, or any weighman or checkweighman violating any of the provisions of this chapter relating to the correct weighing and recording of the weights of coal mined at any mine shall be fined not exceeding five hundred dollars or be imprisoned in the county jail not exceeding sixty days. [1897]

Code 1946, Vol. I, Title VI, Ch. 123—"Iowa Liquor

Control Act.Sec. 123.16. Commission to determine capacity of packages.

The commission [Iowa liquor control commission shall have the following functions, duties and powers:

8. To determine the nature, form and capacity of all packages containing liquor kept or sold under this chapter (Secs. 123.1–123.94]; provided, that all spirituous and vinous liquor shall be purchased and sold only in the original package. [1934]

showing that the defendant has violated any of the provisions of this chapter. [1939) Code 1946, Vol. I, Title V, Ch. 82—Mine Scales. Sec. 82.14. Duties of inspector.

He (mine inspector] shall examine, test, and adjust, as often as he deems necessary, all scales, beams, and other apparatus used in weighing coal at the mines.

(1873) Sec. 82.109. Scales; weighers; duties; records.

The operator shall, if the miners are paid by weight, provide the mine with suitable scales of standard make, and require the person selected to weigh the coal delivered from the mine to take and subscribe an oath before some person authorized to administer oaths, to the effect that he will keep the scales correctly and truly balanced, and accurately weigh and a true record keep of each car delivered, which oath, with that of the check weighman hereinafter provided for, shall be conspicuously displayed with record of weights at the place of weighing, which record shall carry the account of each miner by itself, be open to the inspection at all proper times of miners and all others having a pecuniary interest in the mine. All damages sustained on account of a failure to weigh and credit to the proper person any coal mined shall be recoverable in an action brought within two years from the time the right thereto accrued, and a knowledge of a violation of this provision by the miner shall not be a defense thereto. (1897] Sec. 82.110. Check weighman; oath; duties.

The miners employed and working in any mine may furnish a competent checkweighman, who, before entering upon his duties, shall take and subscribe an oath to the effect that he is duly qualified and will faithfully discharge his duties as checkweighman, and he shall at all proper times have access to and the right to examine the scales, machinery, or apparatus used in weighing, and to see all measures and weights of coal mined and the accounts kept thereof; but not more than one person on the part of the miners collectively shall have this right, and such examination and inspection shall be so made as to create no unnecessary interference with the use of such scales, machinery, or apparatus. (1897) Sec. 82.111. When coal must be weighed; bushel; ton.

The operator shall, where the miner is to be paid by the ton or other quantity, unless otherwise agreed upon in writing, weigh the coal before screening, and the miner shall be credited at the rate of eighty pounds to the bushel and two thousand pounds to the ton, but no payment shall be required for sulphur, rock, slate, blackjack, dirt, or other impurities which may be loaded or found with the coal. (1897]

Code 1946, Vol. I, Title XVIII, Ch. 479—Railroad

Track Scales. Sec. 479.103. Carload weighing of coal; weight certificates; location.

Every person, firm, or corporation engaged in operating any railroad within the state shall equip the line of its track and thereafter maintain thereon in good order, track scales of sufficient capacity to weigh all carloads of coal that may be transported over the said railroad, and shall weigh the same at the request of any owner, consignor, or consignee of such commodities, and furnish written certificates of such weights to such owner, consignor, or consignee as hereinafter provided. Such track scales shall be so installed and maintained at all division stations along the line of such railroads within the state, and at such other stations as the state commerce commission shall from time to time direct. [1913] Sec. 479.104. Where coal shall be weighed.

Every person, firm, or corporation engaged in operating any railroad within the state over which coal in carload lots shall be transported for hire, shall weigh such coal at point where such shipment originates unless covered by weight agreement between consignor and railway company, provided such point is equipped with track scales. If not so equipped, it shall be weighed at first practicable point en route where track scales are provided. Said 4. “Agricultural product" shall mean any product of agricultural activity suitable for storage in quantity, including refined or unrefined sugar and canned agricultural products and shall also mean any product intended for consumption in the pro duction of other agricultural products, such as stock salt, binding twine, bran, cracked corn, soybean meal, commercial feeds, and cottonseed meal. [1924; last amended 1943.]

Code 1946, Vol. I, Title XVIII, Ch. 479—Railroad

Track Scales Continued. person, firm, or corporation shall furnish to said shipper a bill of lading showing date and place weighed, also the gross, tare, and net weights for each carload of coal so weighed. The tare weight shall be determined by using actual weight of empty car at loading station, provided track scales are maintained at such point. [1913] Sec. 479.105. Weighings made on request; fee.

Such coal shall be weighed at destination upon request of consignee when there are track scales at such point. If not equipped with track scales at such point, then at nearest practicable point en route where such scales are maintained, and certificate of weight, showing actual gross, tare, and net weights, shall be furnished to consignee and settlement of freight charges based on these weights. A reasonable charge of not more than one dollar per car may be made for such weighing on request. [1913] Sec. 479.106. Method of weighing.

Cars when weighed on track scales shall be uncoupled, clear and unhampered at both ends, carefully weighed by competent weighmen and certificates issued upon request of consignees, showing gross, tare, and net weights. [1913] Secs. 479.107. Prima facie evidence.

Certificates mentioned in sections 479.103 to 479.108, inclusive, shall be prima facie evidence of the facts therein recited in any action arising between consignors and consignees and common carriers. [1913] Sec. 479.108. Penalty against carrier for refusal to weigh cars or furnish weight certificate.

Any common carrier operating in this state violating any of the provisions of sections 479.103 to 479.107 inclusive, by neglecting or refusing to weigh cars or to furnish certificates of weights as therein provided shall be guilty of a misdemeanor and shall be, upon conviction thereof, fined in the sum of not more than one hundred twenty-five dollars for each and every violation. [1913] Code 1946, Vol. II, Title XXIII, Ch. 543—Bonded

Warehouses for Agricultural Products. Sec. 543.1. Definitions.

As used in this chapter [Secs. 543.1–543.38]:

1. "Commission" shall mean the Iowa state commerce commission.

2. "Warehouse” shall mean any building, structure, or other protected inclosure in this state used or usable for the storage of agricultural products. Buildings used in connection with the operation of the warehouse shall be deemed to be a part of the warehouse.

Sec. 543.2. Supervision of weighing.

The commission is authorized to exercise general supervision over the storage, warehousing, classifying according to grade or otherwise, weighing, and certification of agricultural products. [1924; last amended 1943.] Sec. 543.3. Rules and regulations.

The commission shall from time to time make such rules and regulations as it may deem necessary for the efficient administration of the provisions of this chapter (Secs. 543.1–543.38), .... (1924; ; last amended 1943.) Sec. 543.31. License to weigh.

The commission may, upon presentation of satisfactory proof of competency, issue to any person a license to classify any agricultural product or products, stored or to be stored in a warehouse licensed under this chapter [Secs. 543.1–543.38). according to grade or otherwise and to certificate the grade or other class thereof, or to weigh the same and certificate the weight thereof, upon condition that such person agree to comply with and abide by the terms of this chapter and of the rules and regulations prescribed hereunder so far as the same relate to him

In cities and towns where public weighing is prohibited by ordinance except by persons licensed or otherwise authorized by such city or town, any person so authorized if subject to regulations by the city or town will be construed to be automatically licensed under the provisions of this section, and consenting to render the service will be assumed to be an agreement to abide by the terms of this chapter so far as they relate to him. [1924; last amended 1943.) Sec. 543.32. Same: Revocation.

Any license issued to any person to classify or to weigh any agricultural product or products under this chapter (Secs. 543.1–543.38) may be suspended or revoked by the commission whenever it 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 or products correctly, or has violated any of the provisions of this chapter or of the rules and regulations prescribed hereunder, so far as the same may relate to him or that he has used his license or allowed it to be used for any improper purpose whatsoever. Pending investigation, the commis

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