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rounded edges, 12 inches long, 3% inches thick, and 1 inches broad must be used.

(e) A beam shall be used which is both accurately graduated and sensitive.

(f) The kettle shall be filled from the hopper. (g) After the kettle is full the stroker shall be placed on the edge of the kettle lightly and sides held in a vertical position.

(h) The grain above the edge of the kettle shall be removed with three full-length zigzag motions of the stroker.

(i) The kettle shall rest on a firm base.

(j) The test must be made immediately after the sample has been brought to the inspection room, office or laboratory.

(k) The grain tester shall be tested annually for accuracy of kettle capacity, accuracy of beam readings, and sensitiveness of beam.

(2) This section does not apply to transactions in which the grain is inspected or graded under the United States Grain Standard Act. [1906; last amended 1948.]

Sec. 363.070. Wheat flour, standard measures of; labeling of packages.

(1) The standard measures of wheat flour are packages containing net weights of two, six, twelve, twenty-four, forty-eight, ninety-six and one hundred and ninety-six pounds.

(2) Each package shall have its net weight and the name and address of the manufacturer plainly printed or marked on it in letters and figures not less than one-half inch in height.

(3) No person shall pack for sale, sell or offer for sale in this state any wheat flour except in bags or packages containing the standard measures provided in subsection (1).

(4) The provisions of this section do not apply to the retailing of flour direct to the consumer from bulk stock or to the bakery trade, or to the exchange of wheat for flour by mills grinding for toll, or to any wheat product packed and distributed as a specialty in an identified original package having a net contents of five pounds or less. [1934]

[ED. NOTE.—In Kentucky Revised Statutes 1946, following the foregoing section, it is stated: "NOTE: By 1944, c. 158, KRS 363.070 was amended, but the amendment does not take effect until six months after the expiration of the National Emergency. The text of the section as amended is as follows:

"(1) The standard measure of wheat flour shall be containers of net avoirdupois weights of two, five, ten, twenty-five, fifty and one hundred pounds. The term "wheat flour" as used herein means plain wheat flour, self-rising wheat flour, phosphated wheat flour, bromated wheat flour, enriched wheat flour, enriched self-rising wheat flour and enriched phosphated wheat flour as defined in the standards of identity promulgated by the Federal Security Agency under date of May 26, 1941 (Volume 6, Federal Register, pages 2574 to 2582, inclusive) or as they may be amended.

"(2) Each container shall have its net weight, and the name and address of the actual manufacturer printed or plainly marked on it in letters and figures clearly legible.

"(3) No person shall pack for sale, sell or offer for sale in Kentucky any wheat flour except in containers of the above standard net weights and above described labeling provisions.

(4) The provisions of this section do not apply to the retailing of flour direct from the manufacturer to the consumer, nor to the sale of flour to the bakery trade, nor to the exchanging of wheat for flour, nor to flour packed in cartons the net contents of which are five pounds or less."]

Sec. 363.080. Corn meal, grits, hominy and corn flour: Standard packages; marking requirements.

(1) The standard weight for corn meal, grits, hominy and corn flour is one hundred pounds, and the standard measures are packages containing net weights of one, two, three, four, five, ten, twenty-five, fifty and one hundred pounds, and multiples of one hundred pounds.

(2) Each bag or package shall have plainly printed or marked on it the true net weight of its contents, in pounds and ounces.

(3) No person shall pack for sale, sell or offer for sale in this state any corn meal, grits, hominy or corn flour except in bags or packages containing the standard measures provided in subsection (1).

(4) The provisions of this section do not apply to the retailing of meal direct to the consumer from bulk stock, or to the exchange of corn for meal by mills grinding for toll, or to any cereal product packed and distributed as a specialty in an identified original package having a net contents of less than five pounds. [1920]

Sec. 363.090. Coal: Unscreened not to be sold for screened. No person shall sell unscreened coal for screened coal. [1869-70]

Sec. 363.100. Millers: Regulations and tolls.

(1) Every owner or operator of a mill grinding meal, flour, bread stuff, feed or similar products shall keep therein and use sealed half-bushel and peck measures and a sealed toll dish, and shall measure all grain by strike measure or weight.

(2) Every miller shall, in due time and in the order received, well and sufficiently grind or manufacture the grain brought to his mill, giving preference only to what is necessary for the use of his own family. No miller shall take or demand for toll more than one-eighth of all grain ground, manufactured or exchanged in his mill, if it is a water mill, or more than one-seventh of such grain if it is a power mill not operated by water. [1893]

Sec. 363.110. Definition of terms used in KRS 363.120 to 363.140.

(1) The term "petroleum products" as used in KRS 363.120 to 363.140 shall mean gasoline, kerosene, and lubricating oils.

(2) The term "commissioner" shall mean the Commissioner of Agriculture, Labor and Statistics. [1942]

Revised Statutes 1946, Title XXIX, Ch. 363-Weights and Measures-Continued.

Sec. 363.120. Tolerances allowed on pumps dispensing gasoline or kerosene.

The tolerances to be allowed in excess or deficiency on all pumps dispensing gasoline or kerosene shall be the values shown in the following table. Provided, however, that the tolerances on all new measuring pumps dispensing gasoline or kerosene shall be one-half of the values given; and provided further, that such reduced tolerances shall also be applied to all devices which are being retested after having been found inaccurate and subsequently adjusted or repaired.

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For each additional gallon, add one cubic inch. [1942]

Sec. 363.130. Testing and sealing of pumps and measuring devices used in dispensing gasoline, kerosene and lubricating oils; adjustments.

(1) The commissioner or his agents shall test, from time to time the pumps dispensing gasoline or kerosene and all measuring devices used in dispensing lubricating oils. All pumps found to be giving accurate measure, as defined in KRS 363.120, may be officially sealed in a way that the adjusting device cannot be altered without breaking the seal. The proprietor of any pump that is found to be measuring inaccurately shall be instructed by the agent of the Commissioner to make immediate adjustment of such pump so that it is accurate. After the adjustments have been made, the device may be officially sealed in the same manner as provided for sealing devices found originally accurate. It shall be unlawful for a pump or measuring device found to be measuring inaccurately to be used for vending until such time as the pump or measuring device has been adjusted to where it gives accurate

measure.

(2) It shall be unlawful for any person to break a seal applied by the commissioner or his agents without first securing the consent of the commissioner or one of his agents, except where a pump is found to be measuring inaccurately a qualified pump mechanic may be called to adjust the pump, in which event the commissioner shall be notified in writing immediately. [1942]

Sec. 363.140. Powers of cities not affected.

KRS 363.120 and 363.130 do not prohibit cities from enforcing ordinances regulating weights and measures, heretofore or hereafter enacted, not in conflict with KRS 363.120 and 363.130 or the regulations of the Department of Agriculture, Labor

and Statistics, nor from employing city sealers of weights and measures. [1942]

Sec. 363.150. Periodic inspection of weighing and measuring devices at stockyards, tobacco warehouses and grain warehouses; notice of inaccuracy; correction of defects.

(1) The Department of Agriculture, Labor and Statistics shall semi-monthly or oftener inspect the weights, measures, weighing devices and measuring devices of all tobacco warehouses, grain warehouses and public stockyards during the period that such warehouses and stockyards are open for the receipt, storage and sale of tobacco, grain and livestock and shall stamp those weights, measures, weighing devices and measuring devices with a mark that shall be placed in a conspicuous position on the device inspected, with the date of such inspection.

(2) In the event the weights, measures, weighing devices and measuring devices are found inaccurate or defective notice shall be given to the owner thereof and the person in possession to cease using the same until the defective condition has been corrected and the same shall not be again used until the department has been given notice of the correction of said condition and has had full opportunity to inspect the same.

(3) Nothing in this section shall apply to scales under Federal inspection. [1944]

Sec. 363.160. Department of Agriculture to assign inspectors for duties under KRS 363.150.

The Department of Agriculture, Labor and Statistics is hereby directed to assign sufficient of its inspectors employed under the provisions of KRS 248.3001 to discharge the duties imposed upon the department by KRS 363.150. [1944]

1 See page 381.

Sec. 363.990. Penalties.

(1) Any person who violates any of the provisions of KRS 363.050 shall be fined not less than ten nor more than one hundred dollars, and also may be imprisoned for not more than six months.

(2) Any person who violates any of the provisions of KRS 363.070 or 363.080 shall be fined not less than twenty-five nor more than five hundred dollars for each offense.

(3) Any person who sells as a hundred-weight or a ton of hemp less than that amount shall be fined not less than one hundred nor more than five hundred dollars for each offense.

(4) Any person violating KRS 363.090 shall be fined not less than five nor more than twenty dollars. (5) Any person who violates any of the provisions of subsection (1) of KRS 363.100 shall for each offense be fined five dollars, for the use of the school district in which the mill is located.

(6) Any person who violates any of the provisions of subsection (2) of KRS 363.100 as to the time, order or quality of grinding or manufacturing, or the amount of toll, shall for each offense forfeit to

the party injured ten dollars, recoverable before a justice of the peace.

(7) Any person, firm, or corporation who shall knowingly violate any of the provisions of KRS 363.120 to 363.140 shall be guilty of a misdemeanor and subject to a fine of not less than twenty-five dollars nor more than two hundred dollars for each offense.

(8) Any tobacco or grain warehouse or public stockyards or agent, manager, corporation or organization that violates any of the provisions of KRS 363.150 shall be fined not less than one hundred dollars nor more than five hundred dollars, and if a corporation it shall forfeit all corporate rights and privileges.

(9) Any public officer, agent or employe who fails to discharge the duties imposed by KRS 363.150 and 363.160 shall be fined not less than fifty dollars nor more than five hundred dollars. [1944]

Revised Statutes 1946, Title IX, Ch. 83-Cities of the First Class.

Sec. 83.170. Supervision of weights and measures.

(1) The department of public safety shall be under the supervision and direction of a director of safety, and shall have exclusive control, under the city ordinances, of all matters relating to the inspection of weights and measures, [1893]

Sec. 83.310. Protection against defective weights and meas

ures.

The board of aldermen of each city of the first class shall, by ordinance, provide suitable penalties for the punishment of persons who knowingly use defective or imperfect weights or measures, and may provide for employees, to be appointed by and be under the supervision of the mayor or the director of safety, to enforce the ordinance. The employees shall be paid by the city and no fees shall be charged for their services. [1893]

Revised Statutes 1946, Title IX, Ch. 84-Cities of the Second Class.

Sec. 84.200. Scales; weights and measures; inspection and regulation.

(1) The general council may, by ordinance:

(a) Establish and regulate the standard of weights and measures to be used in the city, and provide for the inspection of all weights and

measures;

(b) Establish, license, tax and regulate public scales, regulate the charges for their use, and compel dealers in coal to weigh their coal on public scales;

(c) Provide for the inspection and measurement of lumber and building material;

(d) Provide for the inspection of foods, poultry, meal, lard and other provisions; oil, coal oil, naphtha, benzine and other burning fluids; molasses,

syrups, turpentine, vinegar and spirituous, vinous or malt liquors;

(e) Provide for the inspection and weighing or measuring of hay and fuel;

(f) Provide for regulating the weight and quality of bread;

(2) No article listed in subsection (1) of this section that is to be shipped beyond the city limits shall be inspected except at the request of its owner. [1894]

Revised Statutes 1946, Title IX, Ch. 85-Cities of the Third Class.

Sec. 85.160. Weights and measures; inspection and regulation.

The common council may, by ordinance:

(1) Establish standard weights and measures to be used in the city;

(2) Provide for the inspection and measuring of lumber and other building materials;

(3) Provide for the inspection and weighing or measuring of stone, fuel, hay, corn, grain and produce of all kinds;

(4) Provide for and regulate the inspection of beef, pork, flour, meal, milk, butter, lard and other provisions, oil and spirits; [1893]

Revised Statutes 1946, Title IX, Ch. 86-Cities of the Fourth Class.

Sec. 86.130. Weights and measures; inspection and regulation.

The city council may, within the city:

(1) Erect and keep in repair accurate public scales, appoint public weighers to attend to them, and fix fees and compensation for the services of the weighers;

(2) Establish standard weights and measures, and regulate the weights and measures to be used in the city in all cases where they are not provided for by law;

(3) Enact ordinances requiring all coal sold for delivery in or out of the city to be weighed by the public weigher;

(4) Enact ordinances requiring all illuminating oils sold in the city to be inspected by the public inspector;

(5) Provide for and regulate the inspection of butter, lard and other provisions;

(6) Regulate the vending of all articles of food for consumption within the city limits. [1893] Revised Statutes 1946, Title IX, Ch. 87-Cities of the Fifth Class.

Sec. 87.170. Appointment and term of city weigher.

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Sec. 217.060. Manufacture or sale of misbranded food prohibited.

(1) No person in this state shall manufacture for sale, produce for sale, expose for sale, have in his possession for sale or sell any article of food or drug that is adulterated or misbranded.

(2) No article of food or drug shall be deemed misbranded or adulterated when intended for shipment to any other state or country, if the article is not adulterated or misbranded as determined by the laws of the United States, but if the article is in fact sold or offered for sale for domestic use or consumption within this state this proviso shall afford no immunity. [1918]

Sec. 217.110. Inspectors; right of entry.

(1) The State Board of Health may appoint such agents or inspectors as it deems necessary, who shall have free access at all reasonable hours to any place where any food or drug product is being produced, manufactured, prepared, kept, offered for sale or dispensed, for the purpose of determining whether the provisions of KRS 217.010 to 217.180 are being violated. Upon tendering the market price, any

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such agent or inspector may take from any person a sample of any article desired for examination. [1918]

Sec. 217.160. Guaranty protection.

In all prosecutions under KRS 217.010 to 217.180, the courts shall admit as evidence a guaranty made to the holder of the guaranty by any manufacturer or wholesaler residing in this state, to the effect that the product complained of is not adulterated or misbranded within the provisions of KRS 217.010 to 217.180. Such guaranty, properly signed by and containing the full name and address of the wholesaler, jobber, manufacturer or other person residing in this state from whom the holder of the guaranty has purchased the article complained of, shall, in the absence of any proof that the article complained of was adulterated or misbranded after it was received by the holder of the guaranty, be a bar to prosecution of the holder of the guaranty. [1918] Sec. 217.990. Penalty for manufacture and sale of misbranded food.

(1) Any person who violates any of the provisions of subsection (1) of KRS 217.060 shall be fined not less than ten dollars nor more than one hundred dollars, or imprisoned for not more than fifty days, or both.

[1918]

Revised Statutes 1946, Title XVIII, Ch. 218-Narcotic Drugs.

Sec. 218.100. Marking requirements.

(1) Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells or dispenses a narcotic drug in a package prepared by him, he shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of narcotic drug contained therein. ** [1934]

Sec. 218.190. Enforcement.

It is hereby made the duty of the State Board of Health, 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. 218.010-218.250], 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. [1934]

Sec. 218.210. Penalty for violations.

Any person violating any provision of this chapter [Secs. 218.010-218.250] shall upon conviction be punished for the first offense by a fine not exceeding one thousand dollars, or by imprisonment for not exceeding three years, or both such fine and imprisonment, and for any subsequent offense, by a fine not exceeding five thousand dollars, or by

imprisonment in the penitentiary for not exceeding ten years, or by both such fine and imprisonment. [1934]

Revised Statutes 1946, Title XX, Ch. 244-Alcoholic Beverages.

Sec. 244.230. Marking requirements.

(1) The regulations of the Bureau of Internal Revenue in the United States Department of the Treasury1, as they are now or may be hereafter, with respect to the labeling of distilled spirits and wine, are adopted and any distilled spirits and wine shall be deemed to be properly labeled under all the laws of this state, if the labels conform to those regulations.

(2) Distilled spirits not produced or bottled in the United States shall be labeled in the same manner that distilled spirits produced or bottled in this state are required to be labeled.

(3) Subsections (1) and (2) shall not prevent the department [of Alcoholic Beverage Control] from promulgating regulations on this subject that are in addition to but not contrary to the regulations of the Bureau of Internal Revenue in the United States Department of the Treasury. [1938]

1 See Code of Federal Regulations 1949 Edition, Title 27, Secs. 4.37 and 5.37 at pages 500 and 520, respectively, which relate to the net content marking of wine and distilled spirits. For misbranding of alcoholic beverages, see KRS 217.010, 217.030, 217.060, page 380.

Sec. 244.990. General penalty.

(1) Any person who, by himself or acting through another, directly or indirectly, violates any of the provisions of this chapter [Secs. 244.010-244.990] for which no other penalty is provided, except KRS 244.380 to 244.470, shall, for the first offense, be fined not less than one hundred nor more than two hundred dollars or imprisoned in the county jail or workhouse for not more than six months, or both; and for the second and each subsequent violation, he shall be fined not less than two hundred nor more than five hundred dollars or imprisoned in the county jail or workhouse for not more than six months, or both.

[1938]

Revised Statutes 1946, Title XXI, Ch. 248-Tobacco Warehouses.

Sec. 248.280. Weighing.

(1) Any person engaged in the business of warehouseman for the purpose of receiving, grading, handling, prizing and storing tobacco, shall, upon the receipt of tobacco, have competent persons to grade it into distinct and proper grades and weigh it. He shall give a warehouse receipt for the tobacco to the owner or consignor, setting forth each grade and the number of pounds. [1940]

Sec. 248.300. Enforcement.

(1) The department [of Agriculture, Labor and Statistics shall administer KRS 248.290 to 248.440 and shall have general supervision over the sale of tobacco in warehouses throughout the state.

(2) The commissioner shall employ such inspectors and other employees as are necessary for the enforcement of KRS 248.290 to 248.440 and fix the duties and compensation of those employees. [1940]

Sec. 248.310. Duties of inspectors; inspecting and sealing of weights and measures.

(1) The inspectors employed under KRS 248.300 shall carry out a general inspection service of all warehouses and shall strictly enforce KRS 248.280 to 248.440.

(2) The inspectors employed by the department shall inspect the weights, measures, weighing devices and measuring devices of all tobacco warehouses and shall stamp those weights, measures, weighing devices and measuring devices with a mark which shall be placed in a conspicuous position on the device inspected. The stamp shall certify that the device has been inspected by an agent of the department, that the device has been found to comply strictly with the laws of this state and of the United States and is in every sense exactly what it purports to be.

(3) An inspector employed by the department may reweigh any tobacco at any warehouse at any time that the inspector is reasonably certain that the tobacco has been improperly weighed. [1940]

Sec. 248.390. Maximum height and weight of baskets of tobacco.

A basket of tobacco when placed on a warehouse floor for the purpose of sale shall not exceed five feet in height and shall contain not more than seven hundred pounds of tobacco. [1940]

Sec. 248.410. Weighmen must be bonded.

(1) Warehouses shall submit to the department [of Agriculture, Labor and Statistics] a list of the names of all weighmen employed. Each weighman so listed shall furnish a bond in the amount of five hundred dollars to the department for the faithful performance of his duty. Should any weighman knowingly and willfully, for the purpose of misleading the public, misrepresent or attempt to misrepresent the weight of any tobacco weighed by him on the warehouse floor, his bond shall be forfeited and the proceeds of it paid into the State Treasury. (2) No person other than a bonded weighman shall be permitted to weigh tobacco for the purpose of sale at any tobacco warehouse. [1940]

Sec. 248.420. Inducement of false report by weighman prohibited.

No warehouseman shall attempt by any means to influence a weighman to report falsely the weight

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