Laws 1947, Ch. 263-Economic Poisons-Continued. Sec. 8. Penalties for violations. (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, (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 officials, 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 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 equiv alent. [1949] Sec. 3. Prohibited acts. The following acts and the causing thereo within the state are hereby prohibited: The manu facture, sale, offering or exposing for sale, trans portation, serving in a public eating place, havin in possession with intent to sell of yellow oled margarine. [1949] Sec. 4. Penalty for violations. Any person, firm or corporation, and any office agent, or employee of any such person, firm corporation, who violates any of the provisions section 3 or 6 shall be deemed guilty of a mi demeanor, and shall on conviction thereof be su ject to imprisonment for not more than ten (1 days, or a fine of not more than fifty dolla ($50.00), or both such imprisonment and fine; b if a violation is committed after a conviction such person under this section has become fina such person shall be subject to imprisonment f not more than sixty (60) days, or a fine of not mo than three hundred dollars ($300.00), or both su fine and imprisonment. [1949] Sec. 11. Standard measure. The standard measure for the sale of ole margarine, in the State of Montana, shall sixteen (16) ounces, (avoirdupois weight) to t pound, exclusive of the wrapper or container, tolerance in deficiency being allowed. All ol margarine sold, offered or exposed for sale shall in packages, paper containers or wrappers of o (1) or two (2) pounds, net standard avoirdup weight, no tolerance for deficiency being allowe provided, however, that packages of the weig specified may be made up of smaller compone packages of wrapped oleomargarine in multip of four (4) or eight (8) ounces each. Sec. 13. Wrapping and marking requirements. [1949] All oleomargarine sold or exchanged, or offer or exposed for sale or exchange at retail in t State of Montana, wherever manufactured, must wrapped in parchment paper, cellophane, plas material, or other suitable wrapping material, a must have the wholesaler's or manufacturer's na clearly printed in a conspicuous place on the o side of the package in which sold. Further, on outside of each such package shall be plai marked, stamped, labeled or printed in plain bo faced letters, one-half (1/2) inch high, the w "oleomargarine". On the outside each package of oleomargarine so sold or changed or offered for sale or exchange sh appear, in addition to the foregoing words 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. 1Misdemeanors. 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. 43False Measuring Devices for Gas, Water, or Electricity. 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.1 [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.1 [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.1 [1895] 1 See Sec. 10725, this page, punishment for misdemeanor. Sec. 89-101. Enforcement; powers of department of agriculture. 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 Revised Statutes 1943, Vol. 2, Ch. 28, Art. 12-False Penalty for violations 600 600 regulations regarding the varieties or kinds of devices, attachments or parts entering into the construction or installation of weights and meas ures 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 of government the United States, in accordance with a joint reso lution 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 measur ing devices, in addition thereto, or in renewal thereof, shall be authorized standards of the State of Nebraska. [1921] |