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Laws 1947, Ch. 263—Economic Poisons Continued. Sec. 8. Penalties for violations.

containing more than one and six-tenths degrees

(1.6°) of yellow, or of yellow and red collectively, but with an excess of yellow over red, measured in terms of Lovibond tintometer scale or its equivalent. [1949]

(b) Any person violating any provision of this act (Secs. 1-14) other than Section 3 a (1) shall be guilty of a misdemeanor and upon conviction shall be fined not more than fifty dollars ($50.00) for the first offense and upon conviction for any subsequent offense shall be fined not more than two hundred fifty dollars ($250.00), nor less than fifty dollars ($50.00), provided, that any offense committed more than five (5) years after a previous conviction shall be considered a first offense;

(1947) Sec. 9. Seizures.

(a) Any economic poison that is distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be liable to be proceeded against in any district court in any county of the state where it may be found and seized for confiscation by process of libel for condemnation:

(1) in the case of economic poison,
(a) if it is adulterated or misbranded;

(c) if it fails to bear on its label the information required by this act (Secs. 1-14); (1947)

[ED. NOTE.Sec. 7 (not included herein) of this Act provides for exemptions with respect to economic poisons, including those used officially by State or Federal of

ficials, used experimentally, and intended for export.] Laws 1949, Ch. 138—"Oleomargarine Law." Sec. 2. Definitions.

(a) For the purpose of this act (Secs. 1-23] the following manufactured substances, mixtures, and compounds with or without butter, milk, skim milk, or cream are and shall be considered “oleomargarine":

(1) All substances heretofore known as oleomargarine, oleo, margarine, oleomargarine oil, butterine, lardine, suine and neutral.

(2) All mixtures and compounds containing any edible oils or fats other than milk fat, and all mixtures and compounds containing milk fat, if (A) made in imitation or semblance of butter, or (B) calculated or intended to be sold as butter or for butter or as butter substitutes, or (C) churned, emulsified, or mixed in cream, milk, skim milk, water, or other liquid and containing moisture in excess of one per centum (1%) with or without common salt.

(b) For the purposes of this act "yellow oleomargarine" is "oleomargarine” as defined in subsection (a) of this section, having a tint or shade

Sec. 3. Prohibited acts.

The following acts and the causing thereur within the state are hereby prohibited: The manufacture, sale, offering or exposing for sale, transportation, serving in a public eating place, having in possession with intent to sell of yellow oleomargarine. (1949) Sec. 4. Penalty for violations.

Any person, firm or corporation, and any officer, agent, or employee of any such person, firm or corporation, who violates any of the provisions of section 3 or 6 shall be deemed guilty of a misdemeanor, and shall on conviction thereof be subject to imprisonment for not more than ten (10) days, or a fine of not more than fifty dollars ($50.00), or both such imprisonment and fine; but if a violation is committed after a conviction of such person under this section has become final, such person shall be subject to imprisonment for not more than sixty (60) days, or a fine of not more than three hundred dollars ($300.00), or both such fine and imprisonment. [1949] Sec. 11. Standard measure.

The standard measure for the sale of oleomargarine, in the State of Montana, shall be sixteen (16) ounces, (avoirdupois weight) to the pound, exclusive of the wrapper or container, no tolerance in deficiency being allowed. All oleomargarine sold, offered or exposed for sale shall be in packages, paper containers or wrappers of one (1) or two (2) pounds, net standard avoirdupois weight, no tolerance for deficiency being allowed; provided, however, that packages of the weight specified may be made up of smaller component packages of wrapped oleomargarine in multiples of four (4) or eight (8) ounces each. [1949] Sec. 13. Wrapping and marking requirements.

All oleomargarine sold or exchanged, or offered or exposed for sale or exchange at retail in the State of Montana, wherever manufactured, must be wrapped in parchment paper, cellophane, plastic material, or other suitable wrapping material, and must have the wholesaler's or manufacturer's name clearly printed in a conspicuous place on the outside of the package in which sold. Further, on the outside of each such package shall be plainly marked, stamped, labeled or printed in plain boldfaced letters, one-half (1/2)inch high, the word “oleomargarine".

On the outside of each package of oleomargarine so sold or exchanged or offered for sale or exchange shall appear, in addition to the foregoing words "16

ounces net weight," "1 lb. net weight,” “32 ounces net weight," or "2 lbs. net weight” as are appropriate identification of the weight of the contents of such package. [1949] Sec. 18. General penalty.

Any person, firm or corporation who either directly or indirectly, or by his or its servant, agent or employee, shall violate any of the provisions of this act (Secs. 1-23], shall be deemed guilty of a misdemeanor, and where no specific penalty is provided, shall be punished by a fine of not more than two hundred dollars ($200.00) or by imprisonment in the county jail for not more than sixty (60) days, or by both fine and imprisonment. (1949) Sec. 19. Rules and regulations.

The commissioner of agriculture, labor and industry shall have power, and it shall be his duty, to promulgate all reasonable rules and regulations in aid of and consistent with this act. Such rules and regulations, immediately upon publication, shall have the force and effect of law, and violation of any of such rules and regulations shall constitute a misdemeanor, punishable as provided in Section 18 of this act. (1949] Sec. 20. Construction of act.

Nothing herein shall be construed as applying to or including peanut butter, salad dressings, mayonnaise products, pharmaceutical preparations, oil meals, cleansing and flavoring compounds, liquid preservative and illuminating oils. [1949] Revised Codes 1935, Vol. 5, Penal Code, Ch. 1

Misdemeanors. Sec. 10725. Punishment of misdemeanor when not otherwise prescribed.

Except in cases where a different punishment is prescribed by this code, every offense declared to be a misdemeanor is punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding five hundred dollars, or both. (1895) Revised Codes 1935, Vol. 5, Penal Code, Ch. 36

Fraudulent Increase of Weight. Sec. 11240. Putting extraneous substances in packages of goods usually sold by weight to increase weight; penalty.

Every person who, in putting up in any bag, bale, box, barrel, or other package, any hops, cotton, wool, grain, hay, or other goods usually sold in bags, bales, boxes, barrels, or packages, by weight, puts in or conceals therein anything whatever, for the purpose of increasing the weight of such bag, bale, box, barrel, or package, with intent thereby to sell the goods therein, or to enable another to sell the same, for an increased weight, is punishable by fine of not less than twenty-five dollars for each offense. [1895)

Revised Codes 1935, Vol. 5, Penal Code, Ch. 43—

False Measuring Devices for Gas, Water, or Elec

tricity. Sec. 113.87. Use of false measuring devices; altering measurement; penalty.

Every person or persons, or officer or officers, or employee or employees of any corporation or corporations who with intent to injure, or defraud, uses or causes to be used any false registering or false measuring device or meter for the measuring of

any water, gas or electric current that is sold to any other person or persons, corporation or corporations, or who shall alter or change the record or measurement of any such meter or measuring device with intent to injure or defraud, shall be guilty of a misdemeanor and on conviction thereof shall be fined in the sum of not less than one hundred dollars nor more than five hundred dollars. In prosecutions for offenses under this section, proof of the use of such false registering meter or proof of an attempt to collect payment from any consumer for any falsified amount or quantity of gas, water, or electricity, shall be prima facie evidence of the guilt of such defendant. [1897] Revised Codes 1935, Vol. 5, Penal Code, Ch. 47–

False Weights and Measures.
Sec. 11428. False weight and measure defined.

A false weight or measure is one which does not conform to the standard established by the laws of the United States of America. (1895) Sec. 11429. Using false weights or measures; penalty.

Every person who uses any weight or measure, knowing it to be false, by which another is defrauded or otherwise injured, is guilty of a mis demeanor. [1895]

1 See Sec. 10725, this page, punishment for misdemeanor. Sec. 11430. Stamping false weight, etc., on casks and packages;

penalty.

Every person who knowingly marks or stamps false or short weight or measure, or false tare, on any cask or package, or knowingly sells or offers for sale, any cask or package so marked, is guilty of a misdemeanor. (1895)

1 See Sec. 10725, this page, punishment for misdemeanor. Sec. 11431. Weight by ton or pound; penalty.

In all sales of coal, hay and other commodities, usually sold by the ton or fractional part thereof, the seller must give to the purchaser full weight, at the rate of two thousand pounds to the ton; and in all sales of articles which are sold in commerce by avoirdupois weight, the seller must give to the purchaser full weight, at the rate of sixteen ounces to the pound; and any person violating this section is guilty of a misdemeanor. [1895)

1 See Sec. 10725, this page, punishment for misdemeanor.

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Revised Statutes 1943, Vol. 4, Ch. 89—Weights and
Measures

Page Sec. 89_101 Enforcement; powers of department of agriculture

584 89_102 Standards

584 89_103 Standard bushel; subdivisions thereof 585 89_104 Standard gallon

585 89–105 Standard pound

585 89_106 Length and surface; units

585 89_107 Standard weights; hundred weight; ton; pound

585 89_108 Standard dry measures

585 89_109 Standard liquid measure

585 89_110 Standard electrical measures

585 89_111 Metric system official

585 89_112 Standard weight of commodities per bushel

585 89_113 Flour and corn meal: Standard weight containers; exception

586 89_114 Measurement of hay in stack

586 89_115 Contracts to be in terms of standards 586 89_116 Dry commodities: Sold by standard weight or measure only; exceptions

586 89_117 Berry Containers; onions, sales one peck or less; dry measure

586 89_118 Standard milk and cream containers; liquid

commodities sold only by standard liquid
measure or weight; exception

586 89_119 Standard butter print or package

586 89_120 Weighing and measuring devices; sealing; fraudulent use; penalty

586 89_121 Scales and weights; inspection; powers of director of department

587 89_122 Same: Inspection; sealing

587 89–123 Same: Condemnation, when authorized; repairs

587 89_124 Interference with inspection; penalty

587 89_125 Inspectors: Police powers

588 89_126 Municipal inspection and sealing

588 89_127 Municipal standards enumerated

588 89_128 Inspection of work of local sealers: Super

vision by director of department; re-
ports

588 89_129 Authority to make immediate examination 588 89_130 Fees

588 89_131 Public scales: Erection; counties under township organization

589 89_132 Same: Weighmaster; appointment; term - 589 89_133 Same: Testing

589 89_134 Same: Weighmaster's receipt conclusive in dispute

589 89_135 Same: Weighmaster's compensation

589 89_136 Same: Counties under commissioner plan 589 89_137 Standard brick

589 89_138 Same: Notice to purchaser if otherwise than standard

589 89_139 Sale of coal, coke, charcoal by weight; delivery ticket; re-weighing

589 89_140 Automatic pay scales; license; fee

590 89_141 Penalty for violating Secs. 89–101–89–141 590 89_154 Cotton duck or canvas: Label

590 89_155 Same: Sale without proper labels; penalty 590 89_156 Same: Concealing size or dimension; penalty

590 89_157 Same: Defacing labels; penalty

590 89–158 Same: Definitions

591 89_159 Same: Yard; ounce

591 89_160 Same: Penalty for violating Secs. 89–154 89_160

591 89_161 Grain: Carlot shipments federally inspected; sale; standard weights

591

Revised Statutes 1943, Vol. 1, Ch. 14, Art. 1—Cities of

the Metropolitan Class Sec. 14_101 Definition; general powers

591 14_102 Additional powers

591 Revised Statutes 1943, Vol. 1, Ch. 15, Art. 2—Cities of

Primary Class
Sec. 15-213 General powers: Weights and measures

592 15-214 Same: Weighing of fuel and feed; sale; regulation

592 Revised Statutes 1943, Vol. 1, Ch. 16, Art. 2—Cities of

the First Class Sec. 16_223 General powers: Weights and measures 592 16–224 Same: Inspection of meters; weighing of fuel and feed; ale; regulation

592 Revised Statutes 1943, Vol. 1, Ch. 17, Art. 5—Cities of

the Second Class and Villages Sec. 17–553 General powers: Weights and measures 592 17-554 Same: Weighing of fuel and feed; sale; regulation

592 Revised Statutes 1943, Vol. 2, Ch. 28, Art. 4-Narcotic

Drugs
Sec. 28_460 Marking requirements

592 28_469 Enforcement

592 28_470 Penalty for violations

592 Revised Statutes 1943, Vol. 2, Ch. 28, Art. 12—False

Brands and Marks Sec. 28_1223 Sales by false weights and measures; penalty

593 28_1224 Articles packed in kegs, barrels, etc.; weighing and marking requirements

593 28_1225 Same: Marks not to be changed

593 28–1226 Same: Penalty for violating two preceding sections

593 Revised Statutes 1943, Vol. 3, Ch. 46, Art. 2–Measure

ment of Water Sec. 46–228 Standards of measurement; "miner's inch” 593

Revised Statutes 1943, Vol. 3, Ch. 53—Alcholic

Liquors Sec. 53–118 Containers: Commission to fix capacity; marking requirements

593 Revised Statutes 1943, Vol. 3, Ch. 54, Art. 5–Stock

yards Sec. 54-501 Definition

594 54-505 Scales to be furnished

594

Revised Statutes 1943, Vol. 3, Ch. 54, Art. 8—Commer

cial Feeding Stuff Sec. 54–801 Definition

54_803 Marking requirements
54_809 Rules and regulations; enforcement
54_815 Penalty for violations

594
594
594
594

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Revised Statutes 1943, Vol. 3, Ch. 54, Art. 9—Livestock
Remedy

Page Sec. 54_901 Definition

594 54–902 Marking requirements

594 54-906 Penalty for violations

595 Revised Statutes 1943, Vol. 3, Ch. 54, Art. 11-Live

stock Sales Rings Sec. 54–1101 Definitions

595 54-1110 Licensed weighmasters required_

595 54-1111 Weighmasters: License; fee

595 54_1118 Rules and regulations for enforcement 595 54_1120 Scales: Must conform to regulations 595 54_1126 Penalty for violations

595 Revised Statutes 1943, Vol. 3, Ch. 56, Art. 2–Toll

Mills
Sec. 56–201 Toll mills deemed public mills

595 56_205 Measures and toll dishes

595 Revised Statutes 1943, Vol. 4, Ch. 66, Art. 2—Paint Sec. 66_201 "Paint" defined

595 66–202 Deceptive labels

595 66_203 Marking requirements

595 66_207 Possession of mislabeled paint; evidence of violation

595 66-208 Penalty for violations

596 Revised Statutes 1943, Vol. 4, Ch. 69–Binder Twine Sec. 69–509 Marking requirements

596 69_510 Penalty for violations

596 Revised Statutes 1943, Vol. 4, Ch. 74, Art. 5–Rail

roads, Weighing Sec. 74_542 Weighing of cars and freight: Enforcement

596 74_543 Track scales: Enforcement

596 74–544 Same: Power to condemn

596 74–545 Same: Penalty for violating two preceding sections

596 74_546 Same: Duty to provide; maintenance; weight certificates

596 74_547 Same: Where installed

596 74–548 Same: Merchandise weighed on request; certificates

596 74_549 Same: Stations without scales; weighing 74_550 Same: Failure to weigh; penalty

597

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597

600 600

Revised Statutes 1943, Vol. 4, Ch. 89–Weights and

Measures.

Sec. 89–101. Enforcement; powers of department of agri

culture.

The Department of Agriculture and Inspection shall enforce the provisions of sections 89-101 to 89–141. It shall make, or cause to be made, all inspections, and shall have authority to promulgate such rules and regulations as may be necessary to promptly and effectively enforce the provisions of said sections. It shall have authority to adopt such additional standards as are not specifically provided for in said sections. It shall have authority to establish tolerances and specifications for commercial weighing and measuring apparatus for use in the State of Nebraska similar to the tolerances and specifications recommended by the United States Bureau of Standards, and may make reasonable

regulations regarding the varieties or kinds of devices, attachments or parts entering into the construction or installation of weights and measures or weighing or measuring appliances, which shall have for their object the tendency to secure correct results in the use of such appliances. [1921] Sec. 89–102. Standards.

Such standard weights and measures as have been furnished to this state by the government of the United States, in accordance with a joint resolution of Congress, approved June 14, 1836, and such weights, measures, balances and measuring devices as may be received from the United States as standard weights, measures, balances and measuring devices, in addition thereto, or in renewal thereof, shall be authorized standards of the State of Nebraska. [1921)

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