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such rules and regulations not inconsistent with the provisions hereof as in their judg. ment may be necessary to the proper enforcement of this article [Secs. 338–346). [1935] Sec. 341. Correct measure It is the duty of the commissioner from time to

to determine whether or not said products are sold or offered for sale in correct measure claimed by the person, firm or corporation selling or offering same for sale

(1935) Sec. 344. Invoice of sale.

No sale or delivery of kerosene shall be made from a tank, wagon, or motor vehicle or delivery truck unless the driver in charge of said vehicle shall deliver to the party receiving such prod. uct an invoice showing number of gallons of said product *. [1935] Sec. 345. Violations a misdemeanor.

Any person, firm, association or corporation who sells, offers for sale in or for importation into this state any such product

in violation of the laws of this state, shall be guilty of a misdemeanor.

[1935] Code 1940, Title 2, Ch. 1, Art. 25-Agricultural Prod

ucts. Sec. 406. Containers for agricultural products. The commissioner shall have the

power to: inspect, test and examine the containers for agricultural products;

The board shall have the power to:

determine and adopt standards for any and all containers for agricultural products and to provide for and require the marking of such containers;

[1923; last amended 1935.] Sec. 410. Limitation.

The provisions of this article (Secs. 405-415) shall apply only when agricultural products are sold in sacks, bags, crates, boxes, packages or other containers,

[1935] Sec. 412. Rules and regulations.

The board is hereby authorized to promulgate all general rules and regulations necessary and practicable to the carrying out of the purposes of this article [Secs. 405-415] by the commissioner. (1923; last amended 1935. Sec. 415. Marking requirements; offenses.

After standards for containers for any agricultural products have been promulgated no person shall use in the marketing in any wise of such product any other container or containers than those fixed as standards. In the marketing of any agricultural product the container thereof shall be marked or labeled in accordance with the provisions of this article (Secs. 405-415) and the rules and regulations promulgated by the board with reference thereto.

Any person violating any provisions of this article shall be guilty of a misdemeanor.

(1923; last amended 1935.] Code 1940, Title 2, Ch. 1, Art. 26–Motor Fuels. Sec. 429. Correct measure.

It is the duty of the commissioner from time to time to

determine whether or not said products (gasoline, benzine, naphtha, or other liquid motor fuels) are sold or offered for sale in correct measure claimed by the person, firm or corporation selling or offering same for sale

(1935) Sec. 431. Rules and regulations. The state board of agriculture and industries

shall have authority to promulgate rules and regulations necessary to secure the safe handling of gasoline or other liquid motor fuels, and other such rules and regulations not inconsistent with the provisions hereof as in their judgment may be necessary to the proper enforcement of this chapter [article, Secs. 416–437]. [1935] Sec. 434. Invoice of sale.

No sale or delivery of gasoline, benzine, naphtha, or other liquid motor fuel shall be made from a tank-wagon, or motor vehicle or delivery truck unless the driver in charge of said vehicle'shall deliver to the party receiving such product an invoice showing number of gallons of said prod

[1935) Sec. 436. Violations a misdemeanor. Any person, firm, association or corporation

who sells, offers for sale in or for importation into this state, any such product otherwise in violation of the laws of this state shall be guilty of a misdemeanor.

(1935) Code 1940, Title 2, Ch. 1, Art. 27–Paint. Sec. 438. Definition.

The term “paint,” as used in this article (Secs. 438–449], shall include white lead in oil, or any compound intended for the same use, paste, or semipaste, liquid or mixed paint of every kind ready for use, varnishes, drying oils, turpentine, or any compound or product intended for use as paint, or for similar uses. [1923; last amended 1927.] Sec. 439. Labeling.

Every person who shall sell within this state, any paint as defined in the preceding section, shall accurately label the same. [1923; last amended 1927.] Sec. 440. Marking requirements.

The label shall also state, in case of liquid paints, and other compounds, on packages holding one quart or more, the net measure of contents of each can, package or container. In case of white lead and other paints and compounds, the label shall show on packages weighing four pounds

uct

Code 1940, Title 2, Ch. 1, Art. 27–Paint-Continued.

factured for sale, held in possession with intent to or more the net weight of each can, package or con

sell, offered or exposed for sale, or sold or delivered tainer. [1923)

within this state, shall be liable to be proceeded

against in the circuit court of the county where the Sec. 449. Failure to label a misdemeanor.

same is found, and seized for confiscation by writ of Any failure to label any article as specified in this

attachment for condemnation. * If a judg: chapter [article, Secs. 438_449]

or any ment of condemnation and confiscation is rendered statements of any kind which are misleading or de- against such article or product as being adulterated, ceptive or which are not true, shall constitute a mis- misbranded, or under standard, grade, weight or demeanor. [1923]

measure, within the meaning of this article (Secs. Code 1940, Title 2, Ch. 1, Art. 33—Sales Regulations.

494–503], the same shall be disposed of by destruc

tion or sale, as the court may direct, and the proceeds Sec. 494. Suspension of sale of articles.

thereof, if sold, less the legal costs and charges, shall If at any time the commissioner or his duly au- be paid into the agricultural fund, but such goods thorized agent, shall have reason to believe that any shall not be sold contrary to the provisions of this product or products or article, the possession or sale article; provided, however, that upon the payment of of which is regulated by any provision of this chapter the costs of such attachment proceedings and the (Secs. 1–633], do not comply with the requirements execution and delivery of a good and sufficient bond of this chapter, as to ingredients, substance, analysis, to the effect that such article shall not be sold or marking or labeling, weight or measure of the same, otherwise disposed of contrary to the provisions of it shall be his duty by written order to suspend the this article, the court may by order direct that such sale of the same until he shall have satisfied himself, article or product shall be delivered to the owner or shall be satisfied by an analysis, or otherwise, that thereof. (1923; last amended 1927.] such product or article is made up, compounded or marked as required by law and rules and regulations

Sec. 503. Right of entry. under authority of law. If he shall find that the same The commissioner is authorized in person or by does not comply with such laws and rules and regu

deputy or by his agents to have free access at all lations, either before or after the making of such sus- reasonable hours to all premises, places of business, pension order, then he is authorized to proceed with

buildings, transportation facilities, or packages or regard to the same as provided in this article (Secs.

containers of whatever kind used in the manufacture, 491–503], or he may order in writing the same to be

transportation, importation, sale or storage of any held at his disposition pending the placing of such

article, substance, material or product, the sale of product or article in such condition as will meet the

which is regulated under the provisions of this chaprequirements of such laws, rules and regulation,

ter (Secs. 1–633), and shall have the power and auunder the supervision and direction of the commis

thority to examine and inspect any parcel, container sioner or his duly authorized agent, or at the discre

or receptacle containing or supposed to contain any tion of the commissioner proceeding with regards of said articles, substances, material or product, and to the same as provided in this article. Provided in

upon paying or offering to pay full value of said case the owner of such product or article denies by

specimen or sample to take therefrom samples or written notice to the commissioner or his agent that

specimens for analysis, examination and inspection. the same is not in compliance with the laws, rules

[1923; last amended 1927.] or regulations and requests a hearing thereon, the commissioner or his agent shall as soon as practicable Code 1940, Title 8, Ch. 2, Art. 4Standard Measures thereafter proceed as provided in this article, in

for Oysters or Shrimp. order that the court may hear and decide said issue and proceed as provided for in this article. Any per- Sec. 116. Oysters and shrimp: Standard measures. son who moves, transports, sells or in any other manner disposes of any product or article after such

A standard measure for oysters or shrimp is estab

lished, which said measure shall consist of a tub or product has been ordered suspended or held as hereinbefore provided shall be guilty of a misdemeanor.

other round vessel of the following dimensions: It Provided that such product or article may be moved,

shall measure seventeen inches in diameter inside, at transported or otherwise disposed of by and in com

the bottom and twenty-one and a half inches in diampliance with written order by the commissioner.

eter, inside at the top, and fourteen and a half inches

inside from bottom to top perpendicularly. Two of (1923; last amended 1935.

these measures filled to the top shall make one barrel, Sec. 495. Seizure of misbranded articles.

and all shrimp or oysters bought and sold in this Any article, substance, material, or product, the state in the shell shall be measured in a measure of possession and sale of which is regulated under the these dimensions, or a measure holding a fraction provisions of this chapter (Secs. 1-633], which is or multiple thereof, and it shall be unlawful for any adulterated, misbranded or under standard, grade, person to have in his possession any measure for weight or measure claimed within the meaning of oysters in the shell or shrimp which shall differ inany provision of this chapter, and which is manu- side from the measure herein provided for, or de

mand or require a greater or less measure in buying or selling; and no vessel or measure shall be used in buying or selling oysters or shrimp until it has been measured and stamped by the oyster inspection [inspector). The oyster inspector shall measure such measures and shall visit for that purpose each place where oysters or shrimp are bought and sold, and he shall keep a book in which shall be recorded the dimensions of all measures so measured. [1882; last amended 1915.] Sec. 125. Same: Inspectors.

There shall be appointed by the director (of conservation) with the approval of the governor a chief enforcement officer, a chief oyster inspector and such assistant inspectors as are required properly to execute the functions of the department of conservation as described in this title (Secs. 1-252]. * The chief enforcement officer and the chief oyster inspector and assistant oyster inspectors shall be subject to the direction and supervision of the director of conservation. [1892; last amended 1919.] Code 1940, Title 22, Ch. 8.–Narcotic Drugs. Sec. 239. Marking requirements.

Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells and dispenses a narcotic drug in a package prepared by him he shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of narcotic drug contained therein.

[1935] Sec. 252. Enforcement of law.

It is hereby made the duty of the state board of hea agents, inspectors, officers and representatives, and all peace officers of the state, and all prosecuting attorneys, to enforce all provisions this chapter (Secs. 232–255],

[1935] Sec. 255. Penalties.

Any person violating any provision of this chapter (Secs. 232–255) shall be guilty of a misdemeanor, and upon conviction for the first offense shall be fined not less than fifty dollars nor more than two hundred dollars and may be sentenced to hard labor for the county for not more than six months, and upon conviction for the second offense shall be fined not less than one hundred dollars or more than five hundred dollars and may be sentenced to hard labor for the county for not more than six months, and upon conviction for a subsequent offense shall be fined not less than five hundred dollars and shall be sentenced to hard labor for the county for not more than six months. [1931; last amended 1935.] Acts 1949, Act No. 207—"Alabama Coal Mine Safety

Law of 1949."
Sec. 3. Procurement of standards; testing of scales.

The department of industrial relations) shall procure, as provided by law, for the

state at the state's expense a full and complete set of standards and other equipment, such as, in its opinion, are necessary in the testing of scales, beams, and other necessary apparatus, to be used for the correct weighing of coal and other material at the coal mines, according to the state standard of weights; and said chief [of the Division of Safety and Inspection of the Department of Industrial Relations] and mine inspectors shall examine, test and cause to be adjusted as often as occasion demands, all scales and other apparatus used in weighing coal at coal mines. At all mines where coal is weighed for payment to miners or sale, a set of United States standard weights, consisting of not less than four, must be on hand for convenience of weighman and check-weighman in testing said scales. [1949] Sec. 97. Scales to be provided.

The owner or operator of each coal mine, at which the miners are paid by weight, shall provide such mines with suitable scales of standard make for the weighing of all coal, when contracted to be weighed. [1949) Sec. 98. Ton; miner to be credited with full weight.

All coal mined in this state, contracted for payment by the ton or other measure shall be weighed or measured and the full weight or measure thereof shall be credited to the miner of such coal, and two thousand pounds shall constitute a ton of coal. [1949) Sec. 99. Check weighman; duties.

In all coal mines the miners employed and working therein may furnish a check weighman or check measurer, who shall, at all times, have full access to and the right to examine the scales, and to see all measures and weights and accounts kept of same, and shall keep an accurate account of the coal, but not more than the above authorized persons shall have such right of access, examination and inspection of scales, measures and accounts at the same time. The weighman and check weighman shall properly test the scales with the United States standard test weights before coal is weighed thereon. [1949] Sec. 100. Access to scales, etc.

The mine inspector, miners employed in the coal mines and the owner of the land or persons interested in the rental and royalty of such mines, shall at all times have full right of access to scales used at said mines, including tally sheets or tally books in which the weight of the coal is kept, to examine the amount of coal mined, for the purpose of testing the accuracy thereof. [1949] Sec. 101. Penalty for failure to weigh or to falsely weigh.

Any person or corporation operating any coal mine in which miners or other laborers are employed to mine or cut coal for a compensation to be determined by the weight of the coal mined or cut, who Acts 1949, Act No. 207—“Alabama Coal Mine Safety

Law of 1949”—Continued. fails to weigh, or cause to be weighed, accurately and correctly, any coal so mined or cut by such miners or laborers, must, on conviction, be fined for each offense not less than ten dollars nor more than one hundred dollars. [1949] Sec. 112. General penalty.

Any unlawful act for which no other penalty is herein provided, shall be a misdemeanor punishable by a fine of not less than ten dollars, and not more than five hundred dollars or by imprisonment in jail for not more than one year or both such fine and imprisonment. [1949) Code 1940, Title 29, Ch. 1-Alcoholic Beverages. Sec. 5. Packages for alcoholic beverages.

The functions, duties and powers of the board (alcoholic beverage control board] shall be as follows:

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To determine the nature, form and capacity of all packages to be used for containing liquor, alcohol or malt or brewed beverages to be kept or sold under this chapter [Secs. 1–78], and to prescribe the form and contents of all labels and seals to be placed thereon. [1936–37]

Code 1940, Title 14, Ch. 45, Art. 1-Frauds.
Sec. 211. False advertising; penalty.

(a) No person, firm, corporation or association shall, with intent to sell or in anywise dispose of real estate, merchandise, securities, service, or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, make, publish, disseminate, circulate, or place before the public, or cause, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public, in this state, 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 real estate, merchandise, securities, service, or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading.

(d) No person, firm, corporation or associaton shall, with intent to sell, or increase the consumption thereof, or create an interest therein, make, publish, disseminate, circulate, or place before the public in this state, or cause, directly or indirectly to be made, published, disseminated, or placed before the public in this state, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, circular or pamphlet, or in any other manner, an advertisement of any sort regarding articles of food, which advertisement contains any assertion, representation or statement which is untrue, deceptive or misleading. (f) Any person, firm, corporation, assocation or the agent or servant of any other person, firm, corporation or association violating any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than one thousand dollars, or be imprisoned in the county jail not more than sixty days, or by both such fine and imprisonment; and each sale, advertisement or representation in contravention of the provisions of this section shall be deemed a distinct offense and shall subject the offender to such punishment. [1915; last amended 1931.)

Code 1940, Title 48, Ch. 1, Art. 2—Public Utilities. Sec. 38. Meters: Rules and regulations to secure accuracy.

The commission (public service commission) may prescribe reasonable rules, regulations, and standards to secure the substantial accuracy of all meters,

and appliances for measurement which shall be complied with by the utility and consumer. [1920] Sec. 39. Same: Inspection and test.

The commission (public service commission) may provide for the inspection of the manner in which any utility complies with the rules, regulations, and standards fixed by the commission to secure the accuracy of all meters,

and appliances for measurement, and the commission may examine and test the same under such rules and regulations as it may prescribe

[1920] Sec. 40. Same: Testing on complaint; testing fees.

Any consumer or user may have any meter or appliance for measuring tested by the commission (public service commission) upon payment of fees fixed by the commission. The commission shall declare and establish reasonable fees to be paid for examining and testing such appliances on the request of consumers, the fee to be paid by the consumer or user at the time of his request, but to be paid by the utility and refunded to the consumer or user if the measuring appliances be found unreasonably defective or incorrect to the substantial disadvantage of the consumer or user. [1920]

Sec. 225. Weights; coal.

Whoever knowingly sells and delivers any coal, except at the weight and measure prescribed by law, shall, upon conviction, be fined not less than five dollars nor more than one hundred dollars. (1907)

[ED. NOTE.—In the Code 1940, following the foregoing section, it is stated: “This section should be reconciled with tit. 2, Sec. 603, by limiting this section to the sale of coal and by construing tit, 2, Sec. 603 as not applying to the sale of coal. Woodard v. State, 30 Ala. App. 144, 146, 2 So. (20) 330." See page 46 for Title 2, Sec. 603.)

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measures

Compiled Laws Annotated 1949, Vol. 1, Title 35, Ch. 5
-Weights and Measures

Page Sec. 35–5_1 Standards

61 35-5-2 Treasurer, ex-officio inspector of weights and

61 35-5-3 Incorrect weights and measures

61 35-5_4 Verification and testing

61 35-5-5 Changing or removing marks; penalty

61 35-5-6 Inspector; deputies; police powers

61 35–5-7 Using untested weights and measures; seal; false weights or measures

62 35-5-8 Incorporated towns

62 35-5-9 City ordinances

62 35–5–10 "Weight” means “net weight”

62 35-5-11 False weights and measures; penalty

62

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Compiled Laws Annotated 1949, Vol. 1, Title 35, Ch.

5–Weights and Measures. Sec. 35-5-1. Standards.

The standards of weights and measures in this Territory shall be those adopted and now used or that may be adopted and used by the United States. (1939)

Sec. 35–5–2. Treasurer, ex-officio inspector of weights and

measures.

The Treasurer [of the Territory of Alaska] shall be ex-officio inspector of weight and measures and of weighing and measuring appliances. It shall be his duty to procure and keep such standard sets of weights and measures as may be found necessary to carry out the provisions of this Act (Secs. 35-5-135–5–11); he shall test or cause to be tested, by such standards, all weights, measures, weighing and measuring appliances and devices used in the ascertainment of weight or measure in the buying, selling, or transporting, of goods, wares, merchandise, or other commodities and to seal such as are found accurate with an appropriate seal or mark to be kept by him for that purpose; such seal or mark shall be placed so as to be easily seen, and shall show the date on which the inspection is made. [1939] Sec. 35–5–3. Incorrect weights and measures.

The inspector shall condemn and seize incorrect weights or measures or weighing or measuring devices that, in his judgment, are not susceptible of satisfactory repair; but such as are incorrect and yet may be repaired he shall mark with a tag, "condemned for repairs.” The owner or user of any weights or measures or weighing or measuring appliance so marked or tagged shall have the same repaired or corrected within ninety days unless, upon satisfactory showing, the inspector shall extend such time, and he shall neither use nor dispose of the

same in any way, but shall hold the same at the disposal of the inspector. Any weight or measure, weighing or measuring appliance, that has been condemned for repairs and has not been repaired as required in this section, shall be confiscated by the inspector. (1939) Sec. 35–544. Verification and testing.

Any person may send any weight, measure, weighing or measuring appliance intended for use in this Territory to the inspector for verification and testing. Such person shall give his name and address in full, a description of his occupation or business, and the purpose for which and the place where the same is to be used, and a complete record of such information shall be made and kept by the inspector. (1939) Sec. 35–5–5. Changing or removing marks; penalty.

Any person who shall willfully or fraudulently change any weight, measure, weighing or measuring appliance after the same has been inspected, tested and sealed by the inspector, or who shall remove or destroy any tag or mark or seal which has been placed in or thereon by the inspector for the purpose of this chapter [Secs. 35–5–1—35–5–11] shall be liable upon conviction to pay a fine of not to exceed Five Hundred, ($500.00), Dollars or be imprisoned for a period not to exceed one year. (1939) Sec. 35–5–6. Inspector; deputies; police powers.

The inspector may deputize the employees in his or any Territorial department, with the consent of the head of such department, to aid him in the performance of the duties assigned to him under the provisions of this chapter (Secs. 35-5-1-35–5–11] and he and his authorized agents or assistants are hereby made special policemen and are authorized and empowered to arrest without formal warrant any violators of any provisions of this chapter, and to

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