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with gas or electricity by such company for the purpose of examining or removing the meters,

and of ascertaining the quantity of gas or electricity consumed or supplied; [1861; last amended 1923.] Sec. 117. Same: Customer to be given meter reading upon

request.

When a gas or electric meter in a building owned or used by a customer of a gas or electric company is read by an employee or agent of such company, he shall, upon request, deliver to the person using the gas or electricity measured by the meter a written statement of the amount recorded by the meter at that time. [1911; last amended 1914.] Sec. 118. Same: Electric meters to register plainly.

Meters for measuring electricity for lighting purposes supplied to consumers shall register the quantity of electricity passing through them in kilowatt hours, so that the number of kilowatt hours consumed may easily be ascertained by the consumer. 1913; last amended 1914.]

Sec. 112. Same: Companies to provide meter provers.

Every gas company with a capital paid in of one hundred thousand dollars or more, and every other gas company, if required by the department (of public utilities), and all makers and vendors of meters shall set up at some convenient place upon their premises one or more meter provers of a size and type approved, tested and calibrated by the department, by means of which meters may be tested. (1861; last amended 1914.] Sec. 113. Same: Penalty for providing meters not tested.

A gas company providing a meter for measuring gas supplied to a customer which, if never before used, has not been duly sealed and stamped, or, if opened after being sealed and stamped, has not been again tested, sealed and stamped, shall be punished by a fine of five dollars for every such meter in use, payable to the city or town where the meter is situated. [1861; last amended 1914.] Sec. 114. Same: Testing meters in use.

Meters in use shall be tested by the department (of public utilities), on the request of the consumer or of the gas company, in the presence of the consumer if desired, and with sealed apparatus. If it finds that the meter is correct, the person requesting the inspection shall pay the fees for such inspection and the expense of removing the meter for the purpose of being tested, and the reinspection shall be stamped on the meter. If it finds that the meter is incorrect, the gas company shall pay such expenses and shall furnish a new meter without charge to the consumer. [1861; last amended 1928.] Sec. 115. Same: To register plainly.

Meters for measuring gas supplied to consumers shall register the quantity of gas passing through them in cubic feet so that the number of cubic feet

gas consumed may be easily ascertained by the consumer thereof. No meter shall be used which may confuse or deceive the consumer in ascertaining the price he pays per thousand cubic feet or the number of cubic feet consumed. [1886; last amended 1914.] Sec. 115A. Same: Replacement of gas meters.

Each meter for measuring gas provided by a gas company or municipal lighting plant to a consumer shall, not later than seven years from the date of installation or replacement, be removed by the company or municipal lighting plant from the premises of the consumer and replaced by it with such a meter which has been newly tested, sealed and stamped in accordance with law. [1936; last amended 1937.] Sec. 116. Gas and electricity: Entry on premises to examine

An officer or servant of a gas or electric company who is duly authorized in writing by the president, treasurer, agent or secretary of said company, may at any reasonable time enter any premises supplied

Sec. 119A. Same: Quantity marked on bill.

When a consumer is charged for gas or electricity at several rates according to the quantity used, his bill, to the extent that the gas or electricity is used for domestic purposes, shall be so itemized as to show the quantity charged for at each rate, and where the use is for other than domestic purposes such detail shall be furnished by the company on request of the consumer, and the bill shall contain a statement to this effect. [1936; last amended 1939.)

Sec. 120. Electric meters: Testing of meters in use.

A customer of a corporation subject to this chapter (Secs. 1–127], or such corporation, may apply to the department [of public utilities) for an examination and test of any electric meter, demand indicator, so called, and any other device or appliance installed by such corporation upon a customer's premises and used by such corporation to determine the charge to the customer for its service. The department shall forthwith cause such examination and test as in its judgment is practicable and reasonable to be made by a competent and disinterested person, and shall furnish to the corporation and to the customer a certificate of the result and expense thereof. If, upon such examination and test, it appears that the appliance does not register correctly, the department may order the corporation to correct or remove such meter, demand indicator or other device or appliance and to substitute a correct meter, demand indicator or other device or appliance therefor. All fees for examinations and tests shall in the first instance be paid by the person or corporation making application therefor; but if the examination or test is made at the request of a customer, and the

meters.

Annotated Laws (1948), Vol. V, Title XXII, Ch. 164

-Sale of Gas and Electricity-Continued. meter is found to be incorrect because too fast, the corporation shall pay such fees to the department, to be repaid by it to the applicant. A meter shall be deemed correct for the purposes of this section if it appears from such examination or test that it does not vary more than five per cent from the standard approved by the department. This section shall not authorize or prohibit differential prices for electricity supplied by any such company. [1901; last amended 1914.) Sec. 121. Same: Rules and regulations.

The department [of public utilities] may establish such rules and regulations, fix such standards, prescribe such fees, and employ such means and methods in, and in connection with, such examinations and test of electric meters as it deems most practicable, expedient and economical. The department may purchase such materials, apparatus and standard measuring instruments for such examinations and tests as it deems necessary. [1901; last amended 1914.) Sec. 122. Same: Penalty for providing incorrect electric me

ters or other measuring devices.

Whoever, being engaged in the sale of electricity, maintains upon the premises of a customer for the purpose of determining the charge to be made for electricity supplied to him a meter, demand indicator or other mechanical device or appliance which is found upon examination and test, as provided in section one hundred and twenty, to register incorrectly as against such customer, shall refund to him such an amount as, if not agreed upon, shall, upon application of the customer and after opportunity given to the vendor to be heard, be determined by the department [of public utilities]. [1912; last amended 1914.) Annotated Laws (1948), Vol. V, Title XXII, Ch. 165

-Water Meters. Sec. 10. Testing.

Any person using water supplied by a city, town, district or company, measured by a meter, shall be entitled to an examination and test of such meter to determine the accuracy of the same in any quarter or period, upon written application therefor, which shall be made before the expiration of the time when the rate for such quarter or period is required to be paid, to the board, commissioner or officer in charge of the water works of the city, town or district, if the water is supplied by a city, town or district, or to the company, if the water is supplied by a company. Such examination and test shall be made by a competent person employed by the city, town or district, if the water is supplied by a city, town or district, or by a competent person designated by the mayor of the city or the selectmen of the town where the water is supplied, if it is supplied by a company. A

written report of the result of the examination and
test shall be furnished to the person making the ap-
plication, and if it appears that the meter has regis-
tered with substantial accuracy, the expense of the
examination and test shall be paid by the person
applying therefor, and in no case shall the expense
so required to be paid exceed three dollars for each
examination and test, but if it appears that the
meter has not registered with substantial accuracy
and that the person has been charged with, or has
paid for, more water than he should have been
charged with or should have paid for, the amount of
such excess shall forthwith be credited to such per-
son or remitted to him if he has paid the same, and
the expense of the examination and test shall be
borne by the city, town, district or company supply
ing the water; if, however, it appears that the person
has been charged with, or has paid for less water
than he should have been charged with or should
have paid for, he shall forthwith be charged with
the proper additional amount and shall pay the
same, together with the expense of the examination
and test, to the city, town, district or company
supplying the water. [1914]
Annotated Laws (1933), Vol. IX, Title I, Ch. 266–

False Advertising
Sec. 91. Unlawful acts; penalty.

Any person who, with intent to sell or in any way dispose of merchandise, securities, service, or ansthing offered by such person, directly or indirectly to the public for sale or distribution, or who, with intent to increase the consumption of or demand for such merchandise, securities, service or other thing, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, makes, publishes, disseminates, circulates or places before the public

. or causes, directly or indirectly, to be made, published, disseminated, circulated or placed before the public within the commonwealth, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service or anything so offered to the public, which advertise ment contains any assertion, representation or state ment of fact which is untrue, deceptive or misleading, and which such person knew, or might on reasonable investigation have ascertained to be untrue, deceptive or misleading, shall be punished by a fine of not less than ten nor more than five hundred dollars; provided, that this section shall not apply to any owner, publisher, printer, agent or employee of a newspaper or other publication, periodical or circular, or to any agent of the advertiser who in good faith and without knowledge of the falsity or deceptive character thereof publishes, causes to be published, or participates in the publication of such advertisement. [1902; last amended 1916.]

MICHIGAN

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Compiled Laws 1948, Vol. 2, Ch. 285—State Department of Agriculture

Page Sec. 285.1 Department created; commission; director of agriculture

478 285.2 Abolishment of office of state food and drug

commissioner, etc. and transfer of powers
to state department of agriculture

478 Compiled Laws 1948, Vol. 2, Ch. 290—Weights,

Measures and Standards Sec. 290.1 State standards

478 290.2 Superintendent of weights and measures; deputy and inspectors

479 290.3 Same: Powers and duties

479 290.4 County weights, measures and apparatus;

certification; use as public standards 479 290.5 County sealer; appointment, term, salary,

powers and duties, records, report, bond;
state sealer and inspectors, powers and
duties; combination of counties

479 290.6 City sealer; appointment, duties, powers;

county sealer, acting in city; combination
of county and city

480 290.8 Seizure for use as evidence

480 290.9 Hindering an officer; penalty

480 290.10 Impersonation of weights and measures officials; penalty

480 290.17 Hundred weight; as contract term

480 290.19 Standard measure for fruits, charcoal, commodities sold by heaped measure

481 290.21 Legal fruit standards

481 290.31 Weight per bushel of certain grains, dried

fruit, coal, vegetables and products 481 290.41 Stone-lime: Weight per bushel

481 290.71 Apples: Weight per bushel

481 290.85 Same: Labels on containers; conclusive evidence

481 290.86 Same: Enforcement; right of entry

481 290.90 Same: Violation of act a misdemeanor 481 290.101 Standard barrel for fruits, vegetables and

dry commodities; standard barrel for cran-
berries

482 290.102 Same: Violations; penalty

482 290.103 Same: Tolerances; prosecutions; exceptions 482 290.111 Flours, meals, hominy, grits: Standard weight containers; exceptions

482 290.112 Same: Violation a misdemeanor

482 290.113 Same: Enforcement; prosecution

482 290.121 Size of peach basket

482 290.131 Standard containers for fruits and vegetables: Climax basket

482 290.132 Same: Small fruits, berries and vegetables 483 290.133 Same: Violations; penalty; foreign shipments excepted

483 290.134 Same: Inspection; tolerances

483 290.136 Same: Guaranty protection

483 290.141 Standard containers for grapes: Fancy table grapes

483 290.142 Same: No. I grapes

483 290.143 Same: No. 2 grapes 290.144 Same: “Frosted grapes"

483 290.145 Same: Marking requirements

484 290.147 Same: Right of entry

484 290.148 Same: Penalties for violations

484 290.154 Irish potatoes: Marking requirements; conclusive evidence

484 290.157 Same: Enforcement; right of entry

484 290.158 Same: Rules and regulations

484 888243-51-31

Compiled Laws 1948, Vol. 1, Ch. 91–“Fourth Class

Cities Act"
Sec. 91.1 General powers of city corporations of

fourth class; weights and measures 485 Compiled Laws 1948, Vol. 2, Ch. 286—Commercial

Fertilizer
Sec. 286.31 Definition; marking requirements

486 286.36 Penalty for violations; civil damages 486 286.39 Enforcement; rules and regulations

486 Public Acts 1949, No. 297—"The Insecticide, Fungi

cide, and Rodenticide Act of 1949" Sec. 2 Definitions

486 3 Marking requirements

486 7 Examination

486 9 Violations; penalties; minor violations 487 10 Seizure

487 13 Jurisdiction vested in department of agriculture

487

Compiled Laws 1948, Vol. 2, Ch. 287—Livestock Deal

ers

Sec. 287.121 Definitions

487 287.123 License required; weighing by registered weighmaster

487 287.124 Revocation of license

487 287.129 Rules and regulations

488 287.131 Penalty for violations

488 Compiled Laws 1948, Vol. 2, Ch. 287–Livestock Rem

edies Sec. 287.141 Definition; remedies excepted

488 287.142 Certificate to be filed stating minimum net contents of package

488 287.143 Marking requirements

488 287.149 Penalty for violations

488 287.150 Enforcement; rules and regulations 488 Compiled Laws 1948, Vol. 2, Ch. 287—Commercial

Feeds Sec. 287.181 Definition

488 287.182 Marking requirements

489 287.190 Penalty for violations

489 287.191 Enforcement; regulations

489 Compiled Laws 1948, Vol. 2, Ch. 288—Milk and

Cream
Sec. 288.51 Babcock test: Operator's license

489 288.52 Same: Rules and regulations

489 288.56 Same: Standard testing glassware, scales and weights; specifications

489

483

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Compiled Laws 1948, Vol. 2, Ch. 288—Milk and Cream - Continued

Page Sec. 288.57 Same: Inspection and certification of standard testing glassware; fee

491 288.59 Same: Penalty for violations

491 288.351 Mil or cream bottles: Capacity; tolerances

average contents; marking; numbering;
bond of manufacturer; record

491 288.352 Same: Penalty; action against bondsmen; false or insufficient measure

491 288.353 Same: Duties of sealers of weights and meas

ures; penalty against owner for using bot-
tles not marked with capacity

492 Compiled Laws 1948, Vol. 2, Ch. 289—Foods Sec. 289.2 Food and drug commissioner: Powers; pow.

ers and duties of dairy and food commis-
sioner transferred; appointments

492 289.81 Sale of misbranded food prohibited

492 289.82 Food defined

492 289.83a When food deemed misbranded; tolerances

and exemptions
289.98 False branding or marking; penalty

493 289.99 General penalty

493 289.100 Enforcement

493 Compiled Laws 1948, Vol. 2, Ch. 289, Secs. 289.301 to 289.313—Eggs

493

Compiled Laws 1948, Vol. 4, Ch. 750—"The Michigan

Penal Code" Sec. 750.9 Violation of statute not having specific pen. alty deemed misdemeanor

494 750.33 False advertising prohibited; misdemeanor 494 750.504 Punishment of misdemeanors when not fixed by statute

494 750.561 False weights and measures; penalties 494 750.563 Penalty for false weighing of livestock, beef, pork, hay, grain, etc. --

494 750.564 Fruit or vegetable containers to hold quantity represented; penalty

494 750.565 Fruit baskets to be marked as to number of pounds; penalty

494 750.566 Label required on binder twine; specifications; tolerances; penalty

495

492

Compiled Laws 1948, Vol. 2, Ch. 285—State Depart

ment of Agriculture. Sec. 285.1. Department created; commission; director of agriculture.

There is hereby created a state department of agriculture which shall possess the powers and perform the duties hereinafter granted and conferred. The general administration of said powers and duties shall be vested in a bi-partisan commission of agriculture which shall be composed of 5 members appointed by the governor, subject to confirmation by the senate: Provided, That 1 member of said commission shall be a resident of the Upper Peninsula.

The commission shall appoint and employ a director of agriculture who shall continue in office at the pleasure of the commission He may appoint, with the approval of the commission, such assistants and employees as may be necessary to perform the duties hereby imposed,

Whenever, in any law of the state, reference is made to the commissioner of agriculture, reference shall be deemed to be made to the director of agriculture. [1921; last amended 1947.] Sec. 285.2. Abolishment of office of state food and drug com

missioner, etc. and transfer of powers to state department of agriculture.

The state department of agriculture shall exercise the powers and perform the duties now vested by law in the department of animal industry, the state food and drug commissioner, the state veterinary board, the immigration commission, the commissioner of immigration, the market director, and shall also possess the powers and duties formerly vested

by law in the Michigan agricultural fair commission. The departments, boards, commissions and officers whose powers and duties are hereby transferred to the state department of agriculture shall be abolished as of the thirtieth day of June, 1921. All records, files and papers of any nature whatsoever pertaining to the functions thereof shall be turned over to the department hereby created. Any hearing or other proceeding pending before any board or officer whose tenure is so terminated shall not be abated, but shall be deemed to be transferred to the state department of agriculture and shall be carried on and determined by the commissioner (director] of agriculture in accordance with the provisions of the law governing such hearing or proceeding. [1921; last amended 1923.]

1 For powers and duties previously vested in food and drug commissioner, see Sec. 289.2, page 492. Compiled Laws 1948, Vol. 2, Ch. 290—Weights,

Measures and Standards. Sec. 290.1. State standards.

The weights and measures received from the United States under a resolution of congress approved June 14, 1836, and such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto or in renewal thereof, and such as shall be supplied by the state in conformity therewith and certified by the national bureau of standards, shall be the state standards, by which all county and municipal standards of weights and measures shall be tried, proved and sealed. [1913]

" See

Sec. 290.2. Superintendent of weights and measures; deputy and inspectors.

The state dairy and food commissioner 1 by virtue of his office shall be state superintendent of weights and measures during his term of office. His deputy shall be deputy superintendent of weights and measures and all inspectors appointed by the dairy and food commissioner shall be state inspectors and sealers of weights and measures. [1913]

1 In Compiled Laws of Michigan 1948, following the foregoing section, it is stated: “Dairy and Food Commissioner: Office abolished; powers and duties transferred to food and drug commissioner, which in turn has been abolished and superseded by the department of agriculture, Secs. 289.2 and 285.2, pages 492 and 478, respectively. Sec. 290.3. Same: Powers and duties.

The superintendent of weights and measures shall take charge of the standards adopted by this article as the standards of the state, and cause them to be kept in a safe and suitable place in the office of the superintendent from which they shall not be removed except for repairs or for certification and he shall take all other necessary precautions for their safe keeping. He shall maintain the state standards in good order and shall submit them at least once in ten (10) years to the national bureau of standards for certification. He shall at least once in five (5) years try and prove by the state standards all weights, measures and other apparatus which may belong to any county or city, and shall seal such when found to be accurate stamping on them the letter “C” and the last two (2) figures of the year with seals which he shall have and keep for that purpose. He shall have and keep a general supervision of the weights, measures and weighing and measuring devices offered for sale, sold, or in use in the state. He shall, upon the written request of any citizen, firm, corporation or educational institution in the state test or calibrate weights, measures, weighing or measuring devices, and instruments or apparatus used as standards in the state. He, or his deputy, or inspectors, by his direction, shall at least once annually test all scales, weights, and measures used in checking the receipts and disbursements of supplies in every institution for the maintenance of which moneys are appropriated by the legislature, and he shall report in writing his finding to the supervisory board and to the executive officer of the institution concerned, and at the request of such board or executive officer the superintendent of weights and measures shall appoint in writing one (1) or more employes then in the actual service of each institution, who shall act as special deputies without extra compensation for the purpose of checking the receipts and disbursements of supplies. He shall keep a complete record of standards, balances and other apparatus belonging to the state and take a receipt for same from his successor in office. He shall annually on the first (1st) day of July make to the gov

ernor a report of the work done by his office. The state superintendent or his deputy, or inspectors, at his direction, shall inspect all standards and apparatus used by the counties and cities at least once in five (5) years and shall keep a record of the same. He, or his deputy, or inspectors, at his direction shall at least once in five (5) years visit the various cities and counties of the state in order to inspect the work of the local sealers, and in the performance of such duties, he may inspect the weights, measures, balances, or any other weighing appliance of any citizen, firm, or corporation, and shall have the same power as the local sealer of weights and measures. The superintendent shall issue from time to time, regulations for the guidance of city and county sealers, and the said regulations shall govern the procedure to be followed by the aforesaid officers in the discharge of their duties. [1913] Sec. 290.4. County weights, measures and apparatus; certification; use as public standards.

The board of supervisors of each county and the commissioner or common council of each city who may in their discretion appoint a sealer under this act (Secs. 290.1–290.10], shall procure at the expense of the county or city, and shall keep at all times, a complete set of weights and measures and other apparatus of such material and construction as said superintendent of weights and measures may direct. All such weights, measures, and other apparatus having been tried and accurately proven by him, shall be sealed and certified to by the state superintendent as hereinbefore provided; and shall be then deposited with and preserved by the county or city sealer as public standards for such county or city. [1913] Sec. 290.5. County sealer; appointment, term, salary, powers

and duties, records, report, bond; state sealer and inspectors, powers and duties; combination of counties.

The board of supervisors of each county may in its discretion appoint a county sealer of weights and measures in each county for a term of two (2) years. He shall be paid a salary to be determined by said board, and no fee shall be charged by him or by the county for the inspection, testing, or sealing of weights, measures, or weighing or measuring devices; where not otherwise provided by law, the county sealer shall have the power within his county, and the state superintendent, his deputies and inspectors, within the state, to inspect, test, try, and ascertain if they are correct, all weights, scales, beams, measures of every kind, instruments or mechanical devices for measuring and tools, appliances and accessories connected with any and all such instruments or measures kept, offered, or exposed for sale, sold or used or employed within the county by any proprietor, agent, lessee, or employe in proving the size, quantity, extent, area, or measurement of quantities, things, produce, articles for distribution or consumption offered or submitted by such person

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