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General Statutes Annotated 1935, Ch. 50, Art. 1

Fraud in Weight of Shipment

Page

Sec. 50-131 Agreements or combinations by which

shipper is defrauded out of portion of
net weight; penalty

369 General Statutes Annotated 1935, Ch. 65, Art. 6

Food Sec. 65-601 Manufacturing of misbranded articles unlawful; penalty

369 65-602 Sale of misbranded articles unlawful; penalty

369 65-603 Rules and regulations for enforcement -- 369 65–606 "Food" defined

369 65-608 When food deemed misbranded

369 65-609 Guaranty protection

370 65-614 Penalty for violations

370 General Statutes Annotated 1935, Ch. 65, Art. 7

Milk and Cream Sec. 65-704 Babcock test

370

General Statutes Annotated 1935, Ch. 34, Art. 1-
State Grain Inspection Department—Continued

Page Sec. 34_114 Testing of track and hopper scales; fees 364 34-115 Railroad scale test car: Purchase

364 34-116 Same: Free transportation of car and scale inspector

364 34-117 Same: Duty of railroads to make such transportation

364 34-118 Same: Free transportation of test car 364 General Statutes Annotated 1935, Ch. 34, Art. 2–

Grain Warehouses
Sec. 34-232 Weighing at terminal warehouses

364 34-233 Weighing at local warehouses_

365 34-239 Form of receipt for storage grain

365 34-241 Form of receipt for grain taken for transfer 365 34-251 Inspection of scales; sealing

365 34-291 Issuance of receipt containing false statement; penalty

365 34-298 Penalty for violations

365 34-2,100 Rules and regulations by chief inspector 365 General Statutes Annotated 1935, Ch. 75, Art. 17–

Warehouse Supervising Weighmaster Sec. 75–1703 Appointment

365 General Statutes Annotated 1935, Ch. 34, Art. 3—Hay

and Straw Inspection Sec. 34-312 Duties of state grain inspector; rules and regulations

366 34-315 Weighing places; fee limitation

366 34-316 Penalty for violations

366 General Statutes Annotated 1935, Ch. 47, Art. 5-Live

stock Remedies Sec. 47-501 Definitions

366 47-502 Registration

366 47-503 Marking requirements

366 47-505 Refusal or cancellation of registration; enforcement of act

366 47-510 Unlawful acts; misbranding defined; penalties; injunction; seizure

366 1947 Supplement to General Statutes Annotated 1935,

Ch. 47, Art. 10—Community Sales Sec. 47-1001 Definitions

367 47-1003 Investigations and arrests; right of entry-- 367 47-1004 Investigations; suspension or revocation of license

367 47-1005 Grounds for refusal, revocation or suspension of license

368 47-1010 Penalties for unlawful acts

368 General Statutes Annotated 1935, Ch. 49, Art. 3

Mine Scales
Sec. 49-301 Coal to be weighed before screening- 368

49-302 Oath of weighman; penalty for violation 368
49-303 Check-weighman
49_304 Fraudulent weighing; penalty

368 49_305 Contracts or agreements as to screening and weighing

368 49_306 Loaders

369 49-307 Inspection of scales at mines; penalty 369

General Statutes Annotated 1935, Ch. 66, Art. 1

Public Utilities
Sec. 66-119 Meters: Rules to secure accuracy

370 General Statutes Annotated 1935, Ch. 66, Art. 2—

Railroad Track Scales Sec. 66-250 Scales at stations, when

370 66-251 Same weights by public weigher or shipper, when; verification

370 66-252 Duty to weigh at nearest station; receipt to

shipper; place of weighing before and
after loading

371 66-253 Manner of weighing cars

371 66-254 Fee for weighing

371 66-255 Bill of lading; claims and actions; proof -- 371 66-257 Acceptance of weight of shipper where track scales not maintained

371 66-258 Penalty for neglect to put in car scales. 371 66-259 Penalty for failure to give bill of lading--- 371 66-260 Card giving weight of grain in car

372 66-279 Scales at stations for livestock_

372 66-2.114 Weighing coal cars

372 66-2,115 Manner and time of weighing cars.

372 66-2,116 Certificate of weight

372 66-2,117 Weighmaster: Oath and bond; penalty 372 66-2,118 Penalty for failure to weigh coal

872 1947 Supplement to General Statutes Annotated 1935,

Ch. 74, Art. 5—Receptacles for Farm Products Sec. 74-531 Standards to be promulgated by board ---- 372 Laws 1949, Ch. 242, Art. 2.-"Kansas Liquor Control

Act"
Sec. 16

Rules and regulations for fixing form, ca-
pacity and marking of packages

372 General Statutes Annotated 1935, Ch. 21, Art. 114

False Advertising Sec. 21-1112 Unlawful acts; penalty

373

368

General Statutes Annotated 1935, Ch. 83—Weights

and Measures.

Sec. 83-101. State standards.

Such standard weights and measures as have been furnished to this state by the government of the United States, in accordance with a joint resolution

of congress, approved June 14, 1836, and such weights, measures, balances and measuring devices as may be received from the United States as standard weights, measures, balances and measuring devices, in addition thereto, or in renewal thereof, shall be the authorized standards of the state of Kansas. [1909]

Sec. 83–102. Yard; rod, pole or perch; mile; chain; acre.

The units of standard measures of length and surface from which all other measures of extension, whether lineal, superficial or solid, shall be derived and ascertained, are the standard of lengths designated in this act (Secs. 83–101—83–109, 83–115— 83-136). The yard is divided into three equal parts called feet, and each foot into twelve equal parts called inches. For measures of cloth and other commodities commonly sold by the yard, the yard may be divided into halves, quarters, eighths, and sixteenths. The rod, pole or perch contains 51/2 yards; the mile, 1,760 yards. The chain for measuring land, is 22 yards long, and is divided into 100 equal parts called links. The acre for land measure shall be measured horizontally and contain 10 square chains, equivalent in area to a rectangle 16 rods in length and 10 in breadth; 640 acres being contained in a square mile. (1909] Sec. 83–103. Hundredweight; ton; pound means avoirdupois pound, when.

The units of standards of weight, from which all other weights shall be derived and ascertained, shall be the standard weights designated in this act (Secs. 83-101–83–109, 83-115—83–136). The hundredweight consists of 100 avoirdupois pounds, and a ton contains 20 hundredweights. Wherever hereafter in this act the word pound is used it shall mean avoirdupois pound unless otherwise distinctly specified. (1909]

Sec. 83–107. Metric system.

The weights and measures of the metric system shall be legal weights and measures in the state of Kansas. [1909] Sec. 83–109. Standard weights for feeds; bushel; standards

for barrel, gallon, and bushel.

That the products hereinafter mentioned shall have only the following standard weights, and whenever any of the following articles shall be contracted for or sold or delivered and no special contract or agreement shall be made to the contrary, such sale and all computations for payment or settlement therefor shall be by net weight, the net weight to be plainly marked on the outside of the barrel, sack, package or bale as the case may be, except fruits and vegetables sold in any standard container as fixed by law, and the net weight, whether stated in words or otherwise, shall be as follows:

(a) All feeding stuffs one hundred pounds, eighty pounds, fifty pounds, twenty-five pounds, and ten pounds per sack net.

(6) The net weight per bushel of the following articles shall be as follows, and any fractional part of a bushel shall be the like fractional part of the said weight per bushel, net:

Sec. 83–104. Dry measure.

The units of standards of measure of capacity for commodities not liquids, from which all other measures shall be derived and ascertained, shall be the standards for such commodities designated in this act (Secs. 83–101—83–109, 83–115—83–136). The peck, half-peck, quarter-peck, quart, pint and half-pint measures for measuring commodities which are not liquids shall be derived from the halfbushel by successively dividing that measure by two. (1909)

Pounds

60 48 24 48 60 38 46 56 14 22 30 48 50 50 64 56 60 56

70

Sec. 83–105. Liquid measure.

The units of standards of measure of capacity for liquids, from which all other measures shall be derived and ascertained, shall be the standard liquid measure designated in this act (Secs. 83-10183–109, 83–115—83–136). The liquid gallon shall be divided by continual division by the number two so as to make half gallons, quarts, pints, halfpints and gills. (1909] Sec. 83–106. Electrical measures.

The standards of electrical measures recognized by the National Bureau of Standards when procured by the state shall be the standard of electrical measures in the state of Kansas. (1909)

Alfalfa seed
Apples
Apples, dried
Barley
Beans
Beans, unshelled green
Beans, castor
Beets
Bluegrass seed, native
Bluegrass seed, English
Broomcorn seed
Buckwheat
Cane seed
Carrots
Cherries, without stems
Cherries, with stems
Clover seed
Corn, shelled
Corn in the ear, husked
Cucumbers
Flaxseed (linseed)
Feterita
Grapes, with stems
Grapes, without stems
Hemp seed
Kafir corn
Lime, unslacked
Malt
Millet seed, Hungarian
Milo maize
Nuts, black walnut
Nuts, hickory
Oats
Onions
Parsnips
Peaches
Peaches, dried
Pears
Peas
Peas, green, in pods

48 56 56 48 60 44 56 80 38 50 56 50 50 32 55

48

48 33 50 60 30

General Statutes Annotated 1935, Ch. 83–Weights tion, the offender shall be fined not less than twentyand Measures-Continued.

five dollars nor more than five hundred dollars for

Pounds each offense. [1945] Plastering hair, washed

4 Plastering hair, unwashed

8 Sec. 83–110. Fruits and vegetables: Climax baskets. Plums

52

The standards for Climax baskets for grapes and Popcorn, on cob

70 Popcorn, shelled

56 other fruits and vegetables shall be the two-quart Potatoes

60 basket, four-quart basket and twelve-quart basket, Quinces

48

respectively: (a) The standard two-quart Climax Rutabagas

50 Rye

56

basket shall be of the following dimensions: Length Salt

80 of bottom piece, nine and one-half inches; width of Sorghum seed

50 bottom piece, three and one-half inches; thickness Spelts or emmer

of bottom piece, three-eighths of an inch; height of Spinach

14 Sweet potatoes

50

basket three and seven-eighths inches, outside measSweet potatoes, seed (sorted 11/4 inches in diameter and urements. Top of basket, length, eleven inches under)

45 and width five inches, outside measurement. Basket Timothy seed

45 Tomatoes

to have a cover five-by-eleven inches, when a cover

56 Turnips

55

is used. (b) The standard four-quart Climax basket Wheat

shall be of the following dimensions: Length of Sudan grass seed

40

bottom piece, twelve inches; width of bottom piece, And the standard barrel for all fruits and vege

four and one-half inches; thickness of bottom piece, tables and other dry commodities shall contain three-eighths of an inch; height of basket, four and 7,056 cubic inches. The term "gallon" shall mean

eleven-sixteenths inches, outside measurements; top a unit of 231 cubic inches, of which the liquid of basket, length, fourteen inches, width, six and quart, liquid pint, and gill are, respectively, the

one-fourth inches, outside measurement. Basket to one-quarter, the one-eighth, and the one-thirty-sec

have cover six and one-fourth inches by fourteen ond parts. The term “bushel” when used in con

inches, when cover is used. (c) The standard nection with dry measures and standard containers twelve-quart Climax basket shall be of the followshall mean a unit of 2,150.42 cubic inches, of which ing dimensions: Length of bottom piece, sixteen the dry quart and dry pint, respectively, are the one

inches; width of bottom piece, six and one-half thirty-second and the one-sixty-fourth parts. [1909;

inches; thickness of bottom piece, seven-sixteenths last amended 1947.]

of an inch; height of basket, seven and one-sixteenth

inches, outside measurements; top of basket, length, Sec. 83–109a. Flour, corn meal, hominy and hominy grits: nineteen inches; width, nine inches, outside measStandard weight containers; exceptions.

urement. Basket to have cover nine inches by nineIt shall be unlawful for any person, partnership, teen inches, when cover is used. [1923] corporation, company, coöperative society, or organization to pack for sale, sell, offer or expose for sale

Sec. 83–111. Same: Baskets for small fruits or vegetables. in this state any of the following commodities ex- That the standard basket or other container for cept in containers of net avoirdupois weights of small fruits, berries and vegetables shall be of the two, five, ten, twenty-five, fifty, and one hundred

following capacities, namely, dry one-half pint, dry pounds, and multiples of one hundred pounds: pint, dry quart or multiples of the dry quart. (a) Wheat flour, self-rising wheat flour, phosphated The dry half-pint shall contain sixteen and eightwheat flour, bromated flour, enriched flour, en- tenths cubic inches. (b) The dry pint shall contain riched self-rising, flour, enriched bromated flour thirty-three and six-tenths cubic inches. (c) The corn flour, corn meals, hominy and hominy grits: dry quart shall contain sixty-seven and two-tenths Provided, however, That the provisions of this act cubic inches. [1923] [Secs. 83–1092–83–109b) shall not apply to (a) the retailing of flours, meals, hominy and hominy grits Sec. 83–112. Same: Apple boxes. direct to the consumer from bulk stock, or (b) the That the standard apple box shall have inside sale of flours and meals to commercial bakers or dimensions of ten and one-half inches by eleven and blenders in containers of more than one hundred one-half inches by eighteen inches and shall contain pounds or for export, or (c) flours, meals, hominy twenty-one hundred and seventy-three and fiveand hominy grits packed in cartons the net contents tenths cubic inches. [1923] of which are less than five pounds, or (d) the exchange of wheat for flour by mills grinding for toll.

Sec. 83–113. Same: Penalty for violations. [1945]

That it shall be unlawful to manufacture for sale

or shipment, sell, offer for sale, or ship within the Sec. 83–109b. Same: Penalties for violations.

state, Climax and other baskets and apple boxes, Any violation of this act (Secs. 83–109a-83–109b] either filled or unfilled, which do not comply with shall constitute a misdemeanor and upon convic- this act (Secs. 83–110—83–114]. Any individual,

partnership, association or corporation that willfully violates this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $100. [1923] Sec. 83–115. Contract, sales or purchases taken and construed in terms of weights and measures.

All contracts, sales or purchases hereafter made for work to be done, or for any thing to be sold or delivered or done, by weight or measure, within this state, shall be taken and construed in terms of and according to the standards of weights and measures adopted by this act (Secs. 83–101-83–109, 83-115 83–136), except where parties have agreed upon any other calculations or measurement; and all statements and representations of any kind referring to the weights or measures of commodities sold or purchased, or exposed for sale, shall be understood in terms of the standards of weights or measures aforesaid. [1909] Sec. 83–116. Sale of dry commodities.

All dry commodities not otherwise specified in this act [Secs. 83-101–83-109, 83-115—83–136] shall be sold only by standard dry measure, standard weight, or numerical count, except where parties otherwise agree. [1909] Sec. 83–118. Bottles for milk, cream and other liquid com

modities.

All milk or cream that shall be sold in bottles shall be sold only in bottles containing half-pints, pints, quarts, half-gallons or gallons. All other liquid commodities shall be sold only by standard liquid measure or standard weight, except where parties otherwise agree. [1909] Sec. 83–119. Loaf of bread, weight; labeling required, when.

A loaf of bread for sale shall be two pounds in weight. Bread, unless composed in chief part of rye or maize shall be sold only in whole, half and quarter loaves and not otherwise. Bread, when sold, shall, upon the request of the buyer, be weighed in his presence, and if found deficient in weight additional bread shall be delivered to make up the legal weight, except that this section shall not apply to rolls or to fancy bread weighing less than one-quarter of a pound. Every loaf, half-loaf or quarter-loaf of bread which does not weigh the full weight required by this section shall be plainly labeled with the exact weight. [1909) Sec. 83–120. Print or package of butter, weight; label.

A print or package of butter shall contain sixteen ounces avoirdupois, and when a print or package of butter containing less than sixteen ounces avoirdupois shall be sold its net weight shall be disclosed by the seller to the buyer, or a statement of the net weight be made upon a label attached thereto. (1909)

Sec. 83–121. False weights and measures; penalty; civil liability; evidence; injunction.

It shall be unlawful for any person: (a) To offer or expose for sale, or to sell or otherwise dispose of any weight, measure, or weighing or measuring device that is false, or which has been condemned except under written authorization of the state sealer or an authorized inspector or sealer; (b) to use a weight, measure, or weighing or measuring device that is false, or that does not conform to the authorized standard for determining the quantity of any commodity or article of merchandise, for the purpose of:

(1) Buying or selling any commodity or thing,
(2) hire or award,

(3) computation of any charge for services ren. dered on the basis of weight or measure,

(4) the determination of weight or measure when a charge is made for such determination;

(c) to break or remove any tag, mark or seal placed on any weighing or measuring device by the state sealer, his deputies, or inspectors, or by a city sealer, deputy, or inspector; (d) to sell, offer oi expose for sale, less than the represented quantity of any commodity, thing or service; (e) to take oi attempt to take more of the represented quantity when the buyer furnishes the weight, measure, or weighing or measuring device by which the amount of any commodity, thing, or service is determined; (f) to keep for the purpose of sale, offer or expose for sale, or sell any commodity in a manner contrary to the law or contrary to any rule or regulation; (g) to use in retail trade, except in preparation of packages of merchandise put up in advance of sale, a weighing or measuring device that is not so positioned that its indications may be accurately read and the weighing or measuring operation observed from some position that may reasonably be assumed by a customer; (h) to violate any of the provisions of chapter 83 of the General Statutes of 1935, and supplements thereto, for which a specific penalty is not provided; (i) to sell or offer for sale, or use or have in his possession for the purpose of selling or using, any device or instrument to be used to or calculated to falsify any weight or measure. Any person violating any of the provisions of this act (Secs. 83-101–83–142] or any authorized rule or regulation issued pursuant thereto, shall be deemed guilty of a misdemeanor, and shall upon conviction be punished by a fine of not less than twenty-five dollars or more than five hundred dollars, or by imprisonment in the county jail for not more than ninety days, or by both such fine and imprisonment. He shall also be liable to the injured party in double the amount of the property wrongfully taken or not given, and ten dollars in addition thereto, to be recovered in any court of competent jurisdiction. The selling and delivery of any commodity or article of merchandise shall be prima facie evidence of

General Statutes Annotated 1935, Ch. 83–Weights

and Measures Continued. representations on the part of the vendor that the quantity sold and delivered was the quantity bought by the vendee. A slight variation from the stated weight, measure or quantity for individual packages is permissible, provided this variation is as often above as below the weight, measure or quantity stated: Provided, That district courts may issue injunctions restraining violations of this act. [1949] Sec. 83–122. State sealer of weights and measures: Appointment; duties.

There is hereby created in the state board of agriculture a division which shall be known as the division of weights and measures, and the head thereof shall be appointed by the state board of agriculture in the manner as appointments are made in the classified civil service under the Kansas civil service act and shall be known as the state sealer of weights and measures (hereafter referred to in this act (Secs. 83-101—83–109, 83–115—83– 136] as the state sealer). The state sealer shall have the care and custody of the authorized public standards of weights and measures and of balances and other apparatus of all kinds furnished by the government of the United States and owned by the state. He shall maintain the state standards in good order and submit them at least once in every ten years to the national bureau of standards for verification. He shall compare and adjust by the state standards all municipal and other official standard weights, measures, balances and measuring devices which may be sent or brought to him for that purpose, and shall seal the same when found or made to conform to the state standards, by stamping upon each the letter "K" and the last two figures of the year in which the said comparison and adjustment has been made, with seals which he shall have and keep for that purpose: Provided, That he may refuse to compare and seal any weights, measures, balances or measuring devices as standards for any municipality or public offices which do not conform to the type approved by the national bureau of standards for such use. [1909; last amended 1947.1 Sec. 83–123. Same: Testing and sealing.

The state sealer may try and prove weights, measures, balances and other measuring devices on request for any person, corporation, or institution, and when the same are found or made to conform to the state standards, and otherwise fulfill such reasonable requirements as he shall make, he may seal the same with a seal which he shall have and keep for that purpose. [1909] Sec. 83–124. Same: Records, reports and regulations.

The state sealer shall keep a record of all of the weights, measures, balances or other measuring de

vices sealed or condemned by him, and shall make an annual report to the governor on or before January 1 of each year, a copy of which shall be filed with the national bureau of standards. He shall issue from time to time regulations for the guidance of county, municipal and all other inspectors or sealers of weights and measures, and the said regulations shall govern the procedure to be followed by the aforesaid officers in the discharge of their duties. [1909] Sec. 83–124a. Same: Rules and regulations.

The state sealer of weights and measures shall promulgate and file with the revisor of statutes such rules and regulations as may be necessary to carry out the purposes of this act (Secs. 83-101—83–109, 83-115—83-136). The said regulations shall include specifications and tolerances for all weights, measures, and weighing and measuring devices, which specifications and tolerances shall, insofar as practicable, conform to the specifications and tolerances as established by the national bureau of standards. (1947) Sec. 83–125. Deputy state sealers, appointment; director of

revenue to calibrate liquid fuel dispensing pumps, meters and vehicle tanks.

The state board of agriculture shall appoint deputy state sealers, who shall perform such duties as may be prescribed by the state sealer, and the state sealer shall appoint such other office and field help as may be necessary to carry out the provisions of this act insofar as funds for that purpose are appropriated. All such appointments shall be made in accordance with the Kansas civil service act. The state sealer shall purchase such equipment as may be necessary to perform his duties in connection with the administration and enforcement of this act as moneys are appropriated and are made available Provided further, That the director of revenue o the state commission of revenue and taxation shal be authorized to act as deputy state sealer to meas ure, calibrate and certify the capacity of motor vehicle fuel and liquid fuel dispensing pumps meters or other devices, and vehicle tanks used in the transportation thereof. [1909; last amendet 1947.] Sec. 83–127. Sets of standards for county and local sealers.

Sets of standards for county and local sealers, i procured, shall include the following weights, mea: ures and balances, and they shall be of a type af proved for such use by the state sealer: One yar measure divided into feet and inches, and at leas one of the inches divided into thirty-seconds of ai inch. Dry capacity measures: One-half bushel, on peck, one quart and one pint. Liquid capacit measures: One gallon, one quart and one pin Avoirdupois pound weights in the following nun ber and denomination: One fifty-pound, one twenty pound, two ten-pound, one five-pound, two twi pound, and one one-pound. Avoirdupois ounce an

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