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Code 1942 Annotated, Vol. 4, Title 20, Ch. 3—Weights and Measures

Page Sec. 5132 Standards of weights and measures; sealing; pounds per bushel or gallon

526 5133 Standard weight of coal

526 5134 Charcoal barrel

526 5135 Measure of saw-logs and square timber. 526 5136 Feeding stuffs labeled

527 5138 Same: Penalty for violations

527 5139 Penalty for using short weights or measures 527 5140 Contracts construed

527 5141 Standards for counties and cities

527 5142 Same: Officer to keep standards; sealing 527 5143 Same: Stamps for sealing weights and meas

527 5144 Dealers to have weights and measures sealed; penalty

527 5145 Sale by false weight or measure; penalty 527 Code 1942 Annotated, Vol. 3, Title 16, Div. 2—Munici

pal Corporations Sec. 3398 Powers of mayor and board of aldermen 527 3407 Ninth. Weighing, measuring and inspection of commodities

527 3436 Thirty-sixth. May test water, electric light and gas meters

528 Code 1942 Annotated, Vol. 4, Title 19, Ch. 1-Agricul

tural Seeds Sec. 4397 Definitions

528 4397–02 Marking requirements for packages of one pound or more

528 4397–03 Marking requirements for mixtures

528 4397-07 Exemptions

528 4397-12 Enforcement of act

528 4397–19 Penalty for violations

528 Code 1942 Annotated, Vol. 4, Title 19, Ch. 2-Standard

Containers for Fruits and Vegetables Sec. 4424 Commissioner of agriculture to establish standard sizes for and weight of contain

528

Sec. 4541 Milk and cream: False tests unlawful ----- 531 4542 Same: Bottles and pipettes; marking re

quirements; designating number and
bond of manufacturer; penalty against
manufacturer for selling glassware not in
conformity with law; penalty against
dealer for using glassware not in conform-

ity with law; specifications; testing--- 531 4545–01 Frozen dairy products and desserts: Defininition

532 4545–04 Same: Marking requirements

532 4545–06 Same: Penalty for violations; enforcement 532

4555 Penalty for violations of Secs. 4541 and 4542 532 Code 1942 Annotated, Vol. 4, Title 19, Ch. 10—Cotton Sec. 4827 Public ginner to mark all cotton baled; penalty

532 4828

Cotton weighers to keep register; violation
a misdemeanor

532 Code 1942 Annotated, Vol. 4, Title 20, Ch. 1, Art. 1—

"Petroleum Products Inspection Act of Mississippi" Sec. 5082 Powers and duties of comptroller--- 532

5091 Scales, measuring and dispensing equipment 532
5093 Right of entry; inspection; penalty for fail.

ing or refusing to permit inspection, etc.;
injunction

533 5098 Comptroller to purchase standard weights,

measures, and instruments for testing
standards

533 5100 General penalty for violations; inaccurate

equipment to be locked or sealed, when;
refusal to allow inspection prima facie
evidence of inaccuracy; procedure for un-
locking or unsealing

533 Code 1942 Annotated, Vol. 4, Title 20, Ch. 2–Paints

and Varnish Sec. 5123 Sale of paints and varnish not labeled in accordance with law; penalty

533 5124 “Paint" defined

534 5125 Marking requirements

534 5126 When deemed misbranded

534 5127 State chemist to enforce

534

ers

Code 1942 Annotated, Vol. 4, Title 19, Ch. 3—Commer

cial Feeds Sec. 4436 Definition

529 4437 Marking requirements

529 4447 Penalty for violations; stop sale order 529 4449 Enforcement

529 Code 1942 Annotated, Vol. 4, Title 19, Ch. 4—Commer

cial Fertilizer Sec. 4450 Marking requirements

529 4466 Rules and regulations for enforcement_ 529

4468 Penalty for violations; stop sale order.--- 529 Code 1942 Annotated, Vol. 4, Title 19, Ch. 5, Art. 3—

Standard Containers for Fruits and Vegetables
Sec. 4526
Marketing committee; districts

529 4527 Standard containers: Committee may recom

mend; commissioner of agriculture may
specify

530 4528 Enforcement

530 4529 Penalties for violations

530 4531 Additional districts; committee

530 4532 Standard containers: Committee may rec

ommend; commissioner of agriculture
may specify

531 4593 Enforcement

531 4534 Penalty for violations

531 888243-51-34

Code 1942 Annotated, Vol. 5, Title 23, Ch. 7, Art. 14

Oysters
Sec. 6057 Enforcement by chief inspector

534 6059 Enforcement by deputy inspectors

534 6068 Standard of measure; duties of chief in.

spector and deputy inspectors; penalty
against chief inspector

534 6087 Barrel for taxation purposes

535 6104 Penalties for violations of chapter----

535 Code 1942 Annotated, Vol. 5, Title 23, Ch. 7, Art. 2—

Shrimp Sec. 6119 Shrimp barrel, capacity for taxation purposes

535 Code 1942 Annotated, Vol. 5, Title 25, Ch. 6, Art. 4

Food Sec. 7109 Sale of misbranded food prohibited; penalty

535 7110 Definition

535 7112 When food deemed misbranded

535 7113 Inspector of food: Appointment in counties, cities, and towns

535

Code 1942 Annotated, Vol. 6, Title 28, Ch. 7–Weigh

ing by Railroads

Page

Code 1942 Annotated, Vol. 5, Title 25, Ch. Art. 4-
Food-Continued

Pago Sec. 7114 Same: Regulations for government of inspectors and dealers; penalties

536 7116 Same: Liability for safe-keeping of standards of weights and measures

536 7117 Same: Keeper of weights and measures; sealing

536 7118 Instruments for gauging liquids to be fur

nished inspectors; county and city boards
to regulate inspection, gauging, and mark-
ing of packages

536 7119 Penalty for obstructing inspector

536 7121 Underweight barrels of flour, meal, pork or beef forfeited

536 7124 State chemist charged with enforcement of food law

536 7126 Inspectors: Right of entry --

536 7127 Same: Interference with; penalty

536

Sec. 7885 Railroads to weigh cotion seed; weight

certificate; penalty for failure to weigh
or furnish certificate; liability of initial
carrier; exception

536 7886 Weighing may be done by any bonded weigher

537 Code 1942 Annotated, Vol. 2, Title 11, Ch. 1–Frauds

Relating to Cotton Sec. 2063 Penalty for fraudulent packing of cotton... 537 2065 Traders in seed-cotton to keep register; penalty

537 2372 Deduction as scalage; penalty

537 2373 Deduction as scalage, purchasers to account for actual weight; penalty

537 Code Annotated 1942, Vol. 2, Title 11, Ch. 2—Misde

meanor

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Code 1942 Annotated, Vol. 4, Title 20, Ch. 3—Weights

and Measures.

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Sec. 5132. Standards of weights and measures; sealing; pounds

per bushel or gallon.

The standards of the weights and measures of this state as given below shall be deposited with the secretary of state and also at the different state institutions of learning, and the secretary of state and the proctors of those institutions are authorized to confirm and seal all weights and measures brought to them, and to receive the fees therefor. And on all sales by weight of agricultural products hereinafter named the number of pounds per bushel or the number of pounds per gallon as stated in the following schedule shall be the true and legal standard weight, viz:

Pounds Barley, per bushel

60 Bluegrass seed, per bushel

14 Bran, per bushel

20 Buckwheat, per bushel

48 Castor beans, per bushel

46 Clover seed, per bushel

60 Corn, in the ear

72 Corn, shelled, per bushel

56 Corn meal, per bushel

48 Corn meal, bolted, per bushel

44 Corn meal, unbolted, per bushel

48 Cottonseed, per bushel

82 Dried apples, per bushel

26 Dried peaches, per bushel

33 Flaxseed, per bushel

56 Flour, in barrels, per barrel, net

196 Flour, in half barrels, net

98 Flour, in one-fourth barrel sacks, net

48 Flour, in one-eighth barrel sacks, net Ground peas, per bushel

24 Hempseed, per bushel

44 Hungarian grass seed, per bushel

50 Irish potatoes, per bushel

60 Lime, unslaked, per bushel

80 Louisiana cane molasses, per gallon

11 Malt, per bushel Meal, in barrels, net

200

Sec. 5133. Standard weight of coal.

The standard weight of coal shall and is hereby established at two thousand pounds to the ton, or two hundred pounds to the box or barrel, and unless otherwise agreed upon, coal shall be sold by the ton of two thousand pounds, or the box or barrel of two hundred pounds. [1908]

Sec. 5134. Charcoal barrel.

Unless otherwise agreed upon, charcoal shall be sold by measure, and the measure of charcoal shall be a barrel of the capacity of three and one-quarter bushels. [1892) Sec. 5135. Measure of saw-logs and square timber.

The table known as “Scribner's Lumber and Log-book by Doyle's Rule," is the standard rule of measurement by which saw-logs and square timber shall be measured. The use of any other rule of measurement is unlawful; and any person who shall use any other rule which gives a less number of feet in a given log, shall be guilty of a misdemeanor, and punished accordingly, and be liable to any person injured for triple damages. [1880]

24

88

Sec. 5136. Feeding stuffs labeled.

of the standards of weights and measures, and shall The correct name and true net weight of the seal by such standards all measures brought to him; contents of each and every hogshead, barrel, box, but if there be no such officer, the clerk of the circask, bale, sack or package of flour, corn meal, cuit court and clerk of the city shall be respectively cottonseed meal and of any and all other kinds of keepers of the standards for the county and city, feeding stuff made from cereals of any kind, whether and shall seal weights and measures brought to pure, mixed or adulterated, and whether sold in them, and receive the fees allowed. (1892) single packages or lots, shall be plainly marked, 1 See Sec. 7117, page 536. branded, or stenciled in large, legible letters and

Sec. 5143. Same: Stamps for sealing weights and measures. figures, upon the exterior of such hogshead, barrel, box, cask, bale or package, and it shall be unlawful

The boards of supervisors and mayors and boards for any person, firm or corporation or the agent,

of aldermen shall respectively provide the proper employee or representative of any person, firm or stamps or brands with which to seal weights and corporation to sell or exchange or offer for sale or measures. [1892] exchange any of such mill products, so packed or Sec. 5144. Dealers to have weights and measures sealed; pencontained, until the provisions hereof have been alty. complied with. [1906]

When the county or city is supplied with the

standards of weights and measures, every dealer Sær. 5138. Same: Penalty for violations. If any person shall violate the provisions of

therein, shall have none but sealed weights and (Sec. 5136] he shall be deemed guilty of

measures, and the weights shall be so sealed as that a misdemeanor, and, on conviction thereof, shall be

the removal of any part of the filling will destroy fined in the sum of not less than twenty-five dollars

or deface the seal; and every dealer having, in such bor more than one hundred dollars. [1906]

case, any weight or measure which has not been duly

sealed, shall be guilty of a misdemeanor, and shall Sec. 5139.1 Penalty for using short weights or measures. pay a fine of ten dollars for every day he may use It is hereby made a misdemeanor for any person

any unsealed weight or measure. [1892] or corporation to sell or buy any of the foregoing Sec. 5145. Sale by false weight or measure; penalty. commodities on short weights in violation of the above schedule of rates and any such person or cor

If any person shall sell anything by any false

weight or measure, whereby another shall be poration upon conviction shall be punished by a fine of not less than five nor more than fifty dol

cheated; or if any person shall sell any lightweight lars. [1914]

loaf or package, calling the same a pound or other

quantity, or if any person shall sell any underI See Sec. 7121, page 536; forfeiture of underweight barrels capacity bottle or other vessel, calling it a pint, of flour, meal, pork or beef.

quart, or other quantity, he shall be guilty of a Sec. 5140. Contracts construed.

misdemeanor and fined not less than ten dollars, All contracts for work or labor done, or anything

and imprisoned not less than ten days. [1892] to be sold and delivered, will be construed to have

Code 1942 Annotated, Vol. 3, Title 16, Div. 2– been made according to the standards, unless the

Municipal Corporations. parties stipulate to the contrary. (1892]

Sec. 3398. Powers of mayor and board of aldermen. Sec. 5141. Standards for counties and cities.

The mayor and board of aldermen of every city, The board of supervisors of every county, and the town, and village shall have the care, management, mayor and board of aldermen of every city, may

and control of the city, town, or village and its procure the standards of weights and measures,

property and finances, and shall have the power to duly sealed by the secretary of state or some proc- enact ordinances for the purposes hereinafter tor, and consisting of one weight of fifty pounds, named, and such as are not repugnant to the laws one of twenty-five pounds, one of fourteen pounds,

of the state, and such ordinances to alter, modify, and one of seven pounds; two of four pounds, two

and repeal; and they shall have power: (1892) of two pounds, and two of one pound, avoirdupois; one measure of one yard and one of one foot, Sec. 3407. Ninth. Weighing, measuring and inspection of comdoth measure; one measure of half a bushel, one

modities. of one peck, and one of one-half peck, dry measure;

To prescribe rules for the weighing and measureone measure of one gallon, one of a half-gallon,

ment of every commodity sold in the municipality, one of one quart, one of one pint, and one of one

in all cases not otherwise provided by law, and pill, wine measure. [1848]

provide for the measuring of wood and fuel and

the weighing of coal, and determine the place or Sec 5142. Same: Officer to keep standards; sealing.

places for the sale of the same, and fix the fees The inspector of provisions (inspector of food ] and duties of the person authorized to perform the appointed by the county or city shall be the keeper duties herein named;

(1892)

(a)

the net weight thereof. [1944)

Code 1942 Annotated, Vol. 3, Title 16, Div. 2–

Municipal Corporations—Continued. Sec. 3436. Thirty-sixth. May test water, electric light and gas

meters.

Sec. 4397–03. Marking requirements for mixtures.

Mixtures of agricultural seeds which contain two or more kinds of such seeds in excess of five per cent by weight of each, or of the two combined, shall have affixed thereto, a plainly written or printed tag or label, in the English language, stating on one side of label only and with no intervening matter:

(a) That such seed is a mixture, together with the lot number and the net weight thereof. (1944)

ff, upon complaint of any citizen or citizens interested, the board of mayor and aldermen of any municipality finds that there is reasonable ground for believing that any meter or meters intended to measure or register the quantity of water, or electric light or power, or gas supplied or furnished by any individual, company or corporation to the municipality or its inhabitants is or are of a less candle power or degree of brilliancy than required by contract, said mayor and board of aldermen may employ an expert, who shall examine and test said meter or meters and said light or lights, as the case may be, and report back to said board, notice of the time and place of the proposed test or tests being first given to all parties interested; and if such examination or test shall show the fact that said meter or meters measure or register incorrectly or excessively, or that said light or lights are of a less candle power or brilliancy than required by contract, then all expenses of such examination and test incurred by said municipal authorities shall be charged against and collected back from said individual, company or corporation supplying or furnishing said water, electric light or power, or gas, as the case may be, and such penalties may be imposed as the municipal ordinances may provide. (1906) Code 1942 Annotated, Vol. 4, Title 19, Ch. 1

Agricultural Seeds. Sec. 4397. Definitions.

The term "agricultural seeds" as used in this act (Secs. 4397—4397–31] shall be defined as the seeds of cotton, corn, melons, small grains, beans, peas, sorghums, peanuts, vetch, clovers, alfalfa, grasses, and any and all other plants (except potatoes and sweet potatoes), grown on field scale for grain, hay, fibre, or any other purpose, which are sold, offered or exposed for sale within this state for seeding purposes within this state; while the term “vegetable seeds” shall include the seeds of those crops that are generally grown in Mississippi on garden scale and generally known and sold under the name of “vegetable seeds." [1944] Sec. 4397–02. Marking requirements for packages of one pound

Sec. 4397—07. Exemptions.

Agricultural seeds or mixtures of same and vegetable seeds shall be exempt from the provisions of this act (Secs. 4397—4397–31]:

(a) When possessed, exposed for sale, or sold for food or feed purposes only when so labeled.

(b) When sold to merchants, firms, corporations, or cooperative associations, or when in store to be recleaned and labeled in accordance with the provisions of this act before being sold or exposed for sale for seeding purposes, provided that such seeds shall be tagged or labeled “To Be Recleaned or Tested."

(c) No label shall be required unless requested by the purchaser, on agricultural seeds, mixtures of same, and vegetable seeds, when such seeds are sold directly to and in the presence of the purchaser, and taken from a container labeled in accordance with this act. [1944] Sec. 4397–12. Enforcement of act.

The duties of enforcing this act (Secs. 4397— 4397–31] and carrying out its provisions and requirements shall be vested in the commissioner of agriculture, and the said commissioner shall have authority to establish rules and regulations not inconsistent with the provisions of this act. [1944] Sec. 4397–19. Penalty for violations.

Every violation of the provisions of this act (Secs. 4397_4397–31) shall be deemed a misdemeanor punishable by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00),

[1944] Code 1942 Annotated, Vol. 4, Title 19, Ch. 2

Standard Containers for Fruits and Vegetables. Sec. 4424. Commissioner of agriculture to establish standard

sizes for and weight of containers.1

or more.

Every lot of agricultural and/or vegetable seeds as defined in section 1 (4397]

when in bulk, packages, or other containers of one pound or more, shall have affixed thereto, a plainly written in ink or printed tag or label in the English language, stating on one side of label only and with no intervening matter:

The commissioner of agriculture may also establish standard sizes for boxes, or containers, used in the handling of fruits and vegetables in this state, provided such standards established by the commissioner shall conform with the federal standard container act of congress, and the commissioner may also establish the standard weight of each box or container when filled with fruits or vegetables. [1924; last amended 1948.]

1 See Secs. 4527 and 4532, pages 530,531; recommendation of marketing committee.

Code 1942 Annotated, Vol. 4, Title 19, Ch. 3—

Commercial Feeds.

Sec. 4436. Definition.

The term "commercial feeds" shall be held to include cottonseed meal, the so-called mineral feeds and all other feeding stuff used for feeding live stock and poultry, except the following: (a) Whole unmixed seeds or grains. (b) Cottonseed hulls. (c) The unmixed meals made from and consisting of the entire grains of corn (but not corn chops), wheat, barley, rye, oats, buckwheat, flaxseed, kaffir and milo. (d) Whole hays, straws when unmixed with other materials. (e) And all other materials when containing 60 per cent or more of water. [1928] Sec. 4437. Marking requirements.

Every lot or parcel of commercial feeds sold, offered or exposed for sale or exchange or distribution within this state shall have fixed thereto a tag in conspicuous place on the outside thereof, containing a legible and plainly printed statement in the English language clearly and truly certifying: (a) The net weight of the package, lot or parcel.

[1928] Sec. 4447. Penalty for violations; stop sale order.

Any manufacturer, importer, jobber, firm, association, corporation, or shall impede, obstruct, hinder, or otherwise prevent or attempt to prevent said commissioner of agriculture and commerce, or his authorized inspector or agent in the performance of his duty in connection with provisions of this statute (Secs. 4436-4449], or who shall sell, offer or expose for sale or for distribution in this state, any commercial feeds as defined, without complying with the requirements of the provisions herein, shall be guilty of a misdemeanor 1 and punished accordingly, and the commissioner of agriculture or his legal representative shall have the authority to stop the sale of any commercial feed stuffs, or oil seed meals, offered or exposed for sale or distribution that do not meet the provisions of this act, and such feed stuffs, or oil seed meal, shall not again be placed on the market in this state until the requirements of the law have been met and said feed stuffs released for sale by the commissioner of agriculture, or his legal representative. [1928; last amended 1946.]

Sec. 4449. Enforcement.

The commissioner of agriculture and commerce, except as otherwise provided, is hereby empowered to enforce the provisions of this statute (Secs. 4436– 4449). [1928) Code 1942 Annotated, Vol. 4, Title 19, Ch. 4

Commercial Fertilizer.
Sec. 4450. Marking requirements.

That every lot or parcel of commercial fertilizer or fertilizer material sold, offered or exposed for sale or distribution within this state shall bear in a conspicuous place on the outside thereof, a tag, containing a plainly printed statement in the English language and truly certifying: (a) the net weight of the contents of the package, lot or parcel;

[1928; last amended 1940.] Sec. 4466. Rules and regulations for enforcement.

The commissioner of agriculture and commerce and the state chemist shall have authority to establish such rules, regulations, definitions, and standards in regard to the inspection, analysis, and the sale of fertilizers and fertilizer materials as shall not be inconsistent with the provisions of this statute (Secs. 4450-4474] and as will best carry into effect the intent and meaning thereof. [1928] Sec. 4468. Penalty for violations; stop sale order. Any manufacturer, importer, firm, or person who

shall impede, obstruct or attempt to prevent the commissioner of agriculture and commerce or his deputy or agent in the performance of his duty in connection with the provisions of this statute; or who shall fail to label each package or lot as required herein,

or who shall use a label that is incomplete or false or misleading in any respect;

shall be guilty of a misdemeanor and punished accordingly. The commissioner of agriculture, or his legal representative, shall have the authority to stop the sale of any commercial fertilizer or fertilizer material offered or exposed for sale or distribution that does not meet the provisions of this act, and such fertilizer or fertilizer material shall not again be placed on the market in this state until the requirements of the law have been met and said fertilizer released for sale by the commissioner of agriculture, or his legal representative. [1928; last amended 1946.]

1 For punishment for misdemeanor, see Sec. 2562, page 537. Code 1942 Annotated, Vol. 4, Title 19, Ch. 5, Art. 3

-Standard Containers for Fruits and Vegetables. Sec. 4526. Marketing committee; districts.

That a committee be, and it is hereby created to consist of seven members, four of whom shall be producers of vegetables and three of whom shall be handlers of vegetables, to be nominated and appointed as herein provided, from the following described districts:

person who

1 For punishment for misdemeanor, see Sec. 2562, page 537.

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