in bulk or otherwise, ; and at all stations where scales are required to be kept, at the time such grain is received by it for transportation, such corporation shall carefully and correctly weigh the same, and issue to the shipper thereof a receipt or bill of lading for such grain, in which shall be stated the true and correct weight, and such corporation shall weigh out and deliver to such shipper, his consignee or other person entitled to receive the same, at the place of delivery, the full amount of such grain, without any deduction for leakage, shrinkage or other loss in the quantity of the same, except that one-half of one per cent shall be allowed for leakage, shrinkage or other loss on bulk grain. In default of such delivery, the corporation so failing to deliver the full amount of such grain shall pay to the person entitled thereto the full market value of any such grain not delivered at the time and place when and where the same should have been delivered. [1872] Sec. 5250. Railroad corporation defined. The term "railroad corporation" contained in this chapter [Secs. 4997-5563] shall be deemed and taken to mean all corporations, companies or individuals now owning or operating, or which may hereafter own or operate, any railroad in this state. [1872] Revised Statutes Annotated, Vol. 15, Ch. 35, Art. 2-Railroad Track Scales. Sec. 5615. Common carrier to furnish facilities for testing track scales. It shall be the duty of all railroad corporations and common carriers operating in this state, to provide suitable facilities for the testing of all track scales used by such railroad corporations and common carriers. The commission [public service commission] is hereby authorized, after a hearing upon its own motion and after notice to the railroads operating in this state, to order a suitable car or other device or facility to be provided by the railroad corporations and common carriers operating in this state, to be used in testing the track scales used by such railroads, the expenses of providing such car, device or facility to be equitably and reasonably apportioned among the different railroad companies by the commission. Such car, device or facility shall be used by the commission to test the accuracy of all track scales, and the different railroad corporations shall transport and move such car, device or facility, without charge therefor, to the different places designated by the commission under such reasonable rules and regulations as the commission may prescribe. Such car, device or facility may be used in adjoining states to test the scales of the railroad corporations and for that purpose may be taken beyond the limits of this state under such reasonable rules and regulations for the due care and return thereof as the commission may prescribe. The commission is hereby authorized to prescribe and collect a reasonable fee sufficient to cover the cost and expenses connected therewith for the inspection and testing of all scales. [1913] Revised Statutes Annotated, Vol. 15, Ch. 35, Art. 4-Gas, Water and Electric Meters. Sec. 5648. Inspection. 1. The commission [Public Service Commission] shall appoint inspectors of gas and water meters, whose duty it shall be when required by the commission to inspect, examine, prove and ascertain the accuracy of any and all gas and water meters used or intended to be used for measuring or ascertaining the quantity of gas for light, heat or power, or the quantity of water, furnished by any person, corporation or municipality to or for the use of any person or persons, and when found to be or made to be correct, the inspector shall seal all such meters and each of them with some suitable device, which device shall be recorded in the office of the secretary of state. 2. No corporation, person or municipality shall furnish, set or put in use any gas or water meter which shall not have been inspected, proved and sealed by an inspector of the commission. 3. The commission shall appoint inspectors of electric meters, whose duty it shall be, when required by the commission, to inspect, examine and ascertain the accuracy of any and all electric meters used or intended to be used for measuring and ascertaining the quantity of electric current used for light, heat or power by any person, corporation or municipality to or for the use of any person or corporation, and to inspect, examine and ascer tain the accuracy of all apparatus for testing and proving the accuracy of electric meters, and when found to be or made to be correct the inspector shall stamp or mark all such meters and apparatus with some suitable device, which device shall be recorded in the office of the secretary of state. No corporation, person or municipality shall furnish, set or put in use any electric meter the type of which shall not have been approved by the com mission. 4. Every gas corporation, electrical corporation, water corporation and municipality shall provide, repair and maintain such suitable premises and apparatus and facilities as may be required and approved by the commission for testing and proving the accuracy of gas, water and electric meters furnished for use by it, and by which apparatus every meter may be tested. 5. If any consumer to whom a meter has been furnished shall request the commission in writing to inspect such meter, the commission shall have the same inspected and tested; if the same upon being so tested shall be found to be more than four per centum if an electric meter, more than Revised Statutes Annotated, Vol. 15, Ch. 35, Art. 4— Gas, Water and Electric Meters-Continued. two per centum if a gas meter, or more than five per centum if a water meter, defective or incorrect to the prejudice of the consumer, the expense of such inspection and test shall be borne by the corporation or municipality, if the same on being so tested shall be found to be correct within the limits of error prescribed by the provisions of this subsection, the expense of such inspection and test shall be borne by the consumer. 6. The commission may prescribe such rules and regulations to carry into effect the provisions of this section as it may deem necessary, and shall fix uniform reasonable charges for the inspection and testing of meters upon complaint. [1913] Revised Statutes Annotated, Vol. 20, Ch. 57, Art. 1A-Department of Public Health and Welfare.1 1 See Food, Drugs and Cosmetics, Secs. 9857-9875, pages 546549. Sec. 9759.1. Department created; divisions; powers; certain commission and boards abolished. There is hereby created and established as a department of state government a department of public health and welfare, which may hereafter be referred to as the department. The state board of health, as established by Article I, Chapter 57, Revised Statutes of Missouri, 1939, [is] hereby abolished and discontinued and all powers and duties over activities and institutions pertaining to, controlled by and administered through the state board of health, shall henceforth be vested in and administered through the department of public health and welfare, together with any additional powers and duties which may herein or hereafter be assigned to the department. [1945] Sec. 9759.13. Powers and duties of state board of health transferred to department of public health and welfare; division of health. All powers and duties heretofore under administration and control of the state board of health, except the examination and licensing of persons. shall henceforth be under administration and control of the department of public health and welfare and shall be assigned to the division of health within the department, together with all other powers and duties which may herein or hereafter be assigned. In all laws of Missouri, and orders and findings issued thereunder, wherever the term state board of health is used, the term division of health shall hereafter be substituted and understood. [1945] Sec. 9759.22. Foods and drugs: Powers and duties of division of health. All powers and duties heretofore exercised by the state board of health pertaining to administration of acts relating to food and drugs shall be exercised by the division of health. In all laws of Missouri and in orders and findings thereunder, wherever the words "food and drug commissioner" are used, they shall hereafter refer to and be understood to mean the director of health. Saic director shall have power to appoint a deputy who under the director, shall be chiefly responsible fo administration of laws pertaining to food and drugs, and particularly to enforce all laws that now exist or that may hereafter be enacted regarding the production, manufacture or sale of any food products, or any ingredients that are used in th preparation of foodstuffs, or the misbranding o the same; and personally, or by his assistants, in spect any article of food or drug made or offere for sale in this state which he may, through him self or his assistants, suspect or have reason t believe is impure, unhealthful, adulterated or mi branded, and shall have power to cause to b arrested and prosecuted, any person or person engaged in the manufacture or sale of foods o drugs or any food ingredients contrary to the law of this state. Said director shall make orders an findings for carrying out the provisions of th article [Secs. 9759.1-9759.39] and such orders an findings shall conform as nearly as practicable t the orders and findings at present established which may hereafter be established for the enforc ment of the Act of Congress, approved and know as the Food and Drug Act, together with an amendments thereto [21 U.S.C. 301, et seq.; Stat. 1040 et seq.]. [1945] Revised Statutes Annotated, Vol. 21, Ch. 58, A 1-Food, Drugs and Cosmetics. Sec. 9857. Definitions. For the purpose of this Act [Secs. 9857-9878A] (a) The term "Board" shall be construed mean the State Board of Health.1 (b) The term "person" includes individual, par nership, corporation, and association. (c) The term "food" means (1) articles used f food or drink for man or other animals, (2) che ing gum, and (3) articles used for components any such article. (d) The term "drug" means (1) articles reco nized in the official United States Pharmacopoe official Homeopathic Pharmacopoeia of the Unit States, or official National Formulary, or any su plement to any of them; and (2) articles intend for use in the diagnosis, cure, mitigation, trea ment, or prevention of disease in man or oth animals; and (3) articles (other than food) i tended to affect the structure or any function the body of man or other animals; and (4) articl intended for use as a component of any artic specified in clause (1), (2), or (3); but does n include devices or their components, parts, accessories. ment, or prevention of disease in man or other animals; or (2) to affect the structure or any function of the body of man or other animals. (f) The term "cosmetic" means (1) articles inended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles, except that such term shall not include soap. (h) The term "label" means a display of written, printed, or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this Act that any word, statement, or other information appearing on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article, or is easily legible through the outside container or wrapper. (i) The term "immediate container" does not include package liners. (j) The term "labeling" means all labels and other written, printed, or graphic matter (1) upon any article or any of its containers or wrappers, or (2) accompanying such article. (0) The provisions of this Act regarding the selling of food, drugs, devices, or cosmetics, shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale; and the sale, dispensing, and giving of any such article, and the supplying of any such articles in the conduct of any food, drug, or cosmetic establishment. (p) The term "Federal Act" means the Federal Food, Drug and Cosmetic Act (Title 21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.). [1943] 1 Now Division of Health, Department of Public Health and Welfare, see Secs. 9759.1, 9759.13, 9759.22, page 546. Sec. 9858. Prohibited acts. The following acts and the causing thereof within the State of Missouri are hereby prohibited: (a) The manufacture, sale, or delivery, holding or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded. (b) The adulteration or misbranding of any food, drug, device, or cosmetic. (c) The receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery of proffered delivery thereof for pay or otherwise. (e) The dissemination of any false advertise ment. (f) The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by Section 9876. (g) The giving of a guaranty or undertaking referred to in Section 9860 (b), which guaranty or undertaking is false; except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the State of Missouri or in the United States, from whom he received in good faith the food, drug, device, or cosmetic. (i) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, drug, device, or cosmetic, if such act is done while such article is held for sale and results in such article being misbranded. [1943] Sec. 9859. Injunction. In addition to the remedies hereinafter provided the State Board of Health' is hereby authorized to apply to the Circuit Court for, and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of Section 9858; irrespective of whether or not there exists an adequate remedy at law. [1943] 1 See footnote following Sec. 9857. Sec. 9860. Penalties for violations; guaranty protection. (a) Any person who violates any of the provisions of Section 9858 shall, on conviction, be adjudged guilty of a misdemeanor, and punished by a fine of not more than $1000.00 or imprisonment for not more than one year or by both such fine and imprisonment. (b) No person shall be subject to the penalties of subsection (a) of this section for having violated Section 9858 (a) or 9858 (c), if he establishes a guaranty or undertaking signed by the person from whom he purchased the food, drug, device, or cosmetic; if a resident of this state, that the food, drug, device, or cosmetic is not adulterated or misbranded within the meaning of this Act [Sections 9857-9878A], designating it, or, if a non-resident of this state residing in the United States, or a resident of this state engaged in interstate commerce with reference to the product involved, that the food, drug, device, or cosmetic is not adulterated or misbranded within the meaning of an Act of Congress entitled "An act to prohibit the movement in interstate commerce of adulterated and misbranded food, drugs, devices, and cosmetics, and for other purposes" approved June twentyfifth, one thousand nine hundred and thirty-eight, and the supplements and amendments thereto. [Federal Food, Drug and Cosmetic Act, Title 21 Revised Statutes Annotated, Vol. 21, Ch. 58, Art. 1- Sec. 9861. Tagging, embargoing, etc. of misbranded articles. (a) Whenever a duly authorized agent of the State Board of Health1 finds or has probable cause to believe, that any food, drug, device, or cosmetic is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of this Act [Secs. 9857-9878A], he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by such agent or the court. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission. [1943] 1 See footnote following Sec. 9857, page 546. Sec. 9863. Minor violations; notice or warning. Nothing in this Act [Secs. 9857-9878A] shall be construed as requiring the State Board of Health1 to report for the institution of proceedings under this Act, minor violation of this Act, whenever the State Board of Health believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning. [1943] 1 See footnote following Sec. 9857, page 546. Sec. 9864. Federal Act: Regulations more stringent than, prohibited; compliance with standards of deemed compliance with this act. In no event shall the said state board of health1 prescribe or promulgate any regulation fixing or establishing any definitions or standards which are more rigid or more stringent than those prescribed by the Federal Act applying to any commodity covered by this Act [Secs. 9857-9878A] and if any product or commodity covered by this Act shall comply with the definitions and standards prescribed by the Federal Act for such product or commodity, such product or commodity shall be deemed in all respects to comply with this Act. [1943] 1 See footnote following Sec. 9857, page 546. Sec. 9866. Food: When deemed misbranded; tolerances; exemptions. A food shall be deemed to be misbranded(a) If its labeling is false or misleading in any particular. (d) If its container is so made, formed or filled as to be misleading. (e) If in package form, unless it bears a label (1) The Board is hereby directed to promulgat regulations exempting from any labeling require ment of this Act [Secs. 9857-9878A] (1) small oper containers of fresh fruits and vegetables and (2 food which is, in accordance with the practice o the trade, to be processed, labeled, or repacked in substantial quantities at establishments other tha those where originally processed or packed, on con dition that such food is not adulterated or mi branded under the provisions of this Act upo removal from such processing, labeling or repackag ing establishment. [1943] 1 See footnote following Sec. 9857, page 546. Sec. 9868a. Act shall not apply to animal food grown on far or to properly labeled prepared food for animals or garbage. Nothing in this Act [Sec. 9857-9878A] shall a ply to any ordinary animal food grown on a farm nor to any prepared food for animals the conten of which are stated on a label attached to th package or container in which such prepared foo is contained; nor garbage fed to hogs. [1943] Sec. 9870. Drug or device: When deemed misbranded; to erances; exemptions. A drug or device shall be deemed to be mi branded (a) If its labeling is false or misleading in an particular. (b) If in package form unless it bears a lab containing (2) an accurate stateme of the quantity of the contents in terms of weigh measure, or numerical count; Provided, That und clause (2) of this paragraph reasonable variation shall be permitted, and exemptions as to sma packages shall be established, by regulations pr scribed by the State Board of Health.1 (1) (3) The Board is hereby directed to promulga regulations exempting from any labeling or pac aging requirement of this Act [Secs. 9857-9878A drugs and devices which are, in accordance wi the practice of the trade, to be processed, labele or repacked in substantial quantities at establis ments other than those where originally process or packed, on condition that such drugs ar devices are not adulterated or misbranded und the provisions of this Act upon removal from su processing, labeling, or repacking establishmen [1943] 1 See footnote following Sec. 9857, page 546. (d) If its container is so made, formed, or filled as to be misleading. (e) The Board is hereby directed to promulgate regulations exempting from any labeling requirement of this Act [Secs. 9857-9878A] cosmetics which are, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at establishments other than those where originally processed or packed, on condition that such cosmetics are not adulterated or misbranded under the provisions of this Act upon removal from such processing, labeling or repackaging establishment. [1943] 1 See footnote following Sec. 9857, page 546. Sec. 9874. False advertisements. An advertisement of a food, drug, device, or cosmetic shall be deemed to be false if it is false or misleading in any material respect. [1943] Sec. 9875. Regulations for enforcement. (a) The authority to promulgate regulations for the efficient enforcement of this Act [Secs. 98579878A] is hereby vested in the State Board of Health. The Board shall make the regulations promulgated under this Act conform, in so far as practicable with those promulgated under the Federal Act. [1943] 1 See footnote following Sec. 9857, page 546. Revised Statutes Annotated, Vol. 21, Ch. 58, Art. 8-Locker Plants. Sec. 9980.101. Definitions. When used in this Act [Secs. 9980.101-9980.116], unless the context otherwise requires: "Locker Plant" means a location or establishment in which space in individual lockers is rented for the storage of food. "Food" means all articles used for food, drink, confectionery or condiment by man, whether simple, mixed or compound, and any substance used as a constituent in the manufacture thereof. "Operator" means any person, co-partnership, firm or corporation operating or maintaining a locker plant. "Commissioner" means the Commissioner of Agriculture of the State of Missouri. [1945] Sec. 9980.112. Report of weight and quantity may be required. If requested by the user, the locker plant operator shall supply the person delivering the carcass or parts of carcasses an accurate and complete report showing the carcass weight at time of delivery, and disposition of carcass, including the quantity used for sausage or other meat products. Likewise, the operator shall supply a complete and accurate record showing the weights and quantity of any fruits or vegetables received and the size and number of containers of finished products packed. [1945] Sec. 9980.116. Failure to comply cause for revocation of license; injunction. Failure on the part of any locker plant operator to properly comply with the provisions of this act [Secs. 9980.101-9980.116] shall authorize and empower the Commissioner [of Agriculture] to refuse to license or to revoke or suspend any license of the offending operator. Injunction may issue by any court of competent jurisdiction to enforce the provisions hereof. [1945] Revised Statutes Annotated, Vol. 21, Ch. 71—Public Mills. Sec. 10314. Definition. All grist mills which grind for toll, and all water grist mills, built on any watercourse by authority of any statute or order of any court, are hereby declared to be public mills, [1825] Sec. 10316. Rates of toll. The owner or occupier of every public mill or mills doing an exchange business shall be entitled to toll all grain ground thereat according to the following rates: First, if a water mill, one-eighth, and if a mill propelled by power other than water, one-sixth, and no more: Provided, however, that such mills must actually grind or exchange all grain taken to their mills, and take therefrom the toll by weight, as above provided, and no more, as full payment for such grinding, when requested to do so. [1813; last amended 1919.] Sec. 10320. Owner to keep measures. The owner or occupier of a public mill shall, when his mill is in repair and fit for business, give due attendance to his customers, and assist in loading and unloading all grain which may be brought by them for the purpose of being ground, and the |