When a weight or measure is tested by the inspector oftener than once a year, no fee shall be charged for more than one inspection per year unless such weight or measure be found upon the subsequent testing to be false and incorrect. [1912; last amended 1943.]

Sec. 76-102a. State inspector: Appointment.

The state inspector of weights and measures shall be appointed by the governor, with the consent of the senate, for a term ending February 1, 1945, and thereafter for terms of two (2) years. [1943]

Sec. 76-103. Same: Duties.

The inspector shall—

Take charge of the state standards and keep them in a safe place from which they shall not be removed except for repairs or for certification;

Maintain the state standards in good order and submit them at least once in ten years to the national bureau of standards for certification;

At least once in two years try and prove by the state standards all testing apparatus belonging to any city, and seal the same when found to be accurate by stamping on them the letter "A" and the last two figures of the year, with seals kept for that purpose;

Use a portable set of testing appliances in the inspection of all weights, measures, or devices, owned by the state or by any person in precincts, towns or cities with a population of not more than five thousand nor less than nine hundred inhabitants ac

cording to the latest official census, and such portable set with the state standards once annually, and cause it to correspond state standards;

Have and keep a general supervision weighing and measuring devices, offiered fo Upon the written request of any person institution test devices used as standards;

At least once annually test all scales, and measures used in checking the receipt bursements of supplies in all state institut report in writing his findings to the exec ficers of the institutions;

On the first day of June in each year the governor a report of the work done by h At least once every year inspect the work sealers and he may inspect the weighing or ing appliances of any person;

In all precincts, towns, or cities of not 1 nine hundred nor more than five thousands tants, and in other places on request, in least once a year all instruments or mecha vices for weighing or measuring exposed used, or employed, within the city by any pe

From time to time weigh or measure pac amounts of commodities, gas or oil, kept on for sale or sold, or in the process of deli determine whether the same contain the represented, and whether they are offered or sold in accordance with law, and for su poses he may without warrant enter into any place or premises, or stop any vendor, or wagon and proceed to some convenier for the purpose of making the test.

When the inspector finds a violation of lating to weights and measure he may cause lator to be prosecuted. When the inspect that instruments correspond with the stand shall seal such instruments, with appropr vices. The inspector shall condemn and se may destroy incorrect instrument [s], such as repaired he shall mark as "condemned for 1 and the owner or user shall have the same or corrected within fifteen days and may no while use or dispose of the same but h same at the disposal of the inspector; an ap which has been "condemned for repairs" an repaired as required shall be confiscated by spector. The inspector shall keep in a book, a card index system, a complete list of all ing devices inspected and tested, the name person owning the same and the date and r such inspection. He shall issue from time regulations for the guidance and governn city sealers. He shall give a bond in the sum thousand dollars, with sureties to be appro the governor, for the faithful performance duties of his office, and for the safety of the ards entrusted to his care and for the su thereof immediately to his successor in offic

the person appointed by the governor to receive them. [1912; last amended 1928.]

1 See section 76–106 providing for a city sealer in each city or town of a population of seven thousand five hundred or over.

Sec. 76-104. Water, electric and gas meters.

In cities or towns with a population of not more than five thousand nor less than nine hundred, at least once in every two years, the inspector shall test the accuracy of every meter used or to be used in the measuring of water, electricity or gas for consumers. If the meter tested be found to measure too fast or too slow by as much as three per cent, such meter shall be condemned by him and shall not be used until corrected and made to measure accurately, and unless made to conform to the standard within thirty days after condemnation, he is not required to retest such condemned water, gas, or electric meter for one year thereafter. The inspector shall keep in a book and card index system a complete list of all meters inspected and tested, the name of the person owning the same, the name of the furnisher of the water, gas, or electricity, the name of the consumer thereof, and the date and result of such inspection. He shall, upon the written request of any person test any water, gas, or electric meters used as standards in the state, and at least once every year, test all water, gas, and electric meters used in any state institution and report in writing his findings to the executive of ficers of the institution. [1912; last amended 1928.]

Sec. 76-105. City to acquire testing apparatus.

The governing body of each city required to appoint a sealer, shall keep at all times a complete set of testing apparatus, of such materials and construction as the state inspector may designate, and after having been proved shall be sealed and certified to by him and preserved by the city sealer as the public standards for such city. If the legislative body shall neglect for six months so to do, the city clerk on notification and request by the state inspector shall provide such standards and cause the same to be tried, sealed, and deposited at the expense of the city. [1912; last amended 1928.]

Sec. 76-106. City sealer: Appointment; duties.

(a) There shall be a city sealer of weights and measures in each city or town of a population of seven thousand five hundred or over, to be appointed by the governing body for one year, at a salary of not less than nine hundred dollars per

annum.

(b) Two or more cities or towns may combine with one set of standards and one sealer, upon the written consent of the state inspector.

(c) The city sealer, within his jurisdiction, shall have the same powers and duties as prescribed in this chapter [Secs. 76-101-76-129] for the state

inspector, except as to state institutions therein. His annual and monthly reports shall be made to the governing body of the city or town and to the state inspector, and his bond shall be in the amount of one thousand dollars. The fees shall be the same as those allowed to the state inspector, collected subject to the same provisions, and shall be paid monthly to the city treasurer with an itemized list thereof. [1912; last amended 1941.]

Sec. 76-107. Offenses; penalties.

Any person who shall offer or expose for sale, sell, use or retain in his possession, a false weighing or measuring device, or one not sealed by the city sealer or the state inspector within one year, or who shall dispose of any condemned weighing or measuring device, or remove any tag placed thereon by a sealer or by the state inspector; or sells or offers for sale any commodity less than the quantity he represents; or sells or offers for sale, or has in his possession for the purpose of selling or using, any device to be used to falsify any weight or measure, shall be guilty of a misdemeanor, and punished by fine of not less than twenty-five, nor more than two hundred and fifty dollars, or by imprisonment for not more than three months or by both such fine and imprisonment, and upon a subsequent conviction he shall be punished by a fine of not less than fifty, nor more than five hundred dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. [1912; last amended 1928.]

Sec. 76-108. Evidence; police powers.

The proximity of any weighing or measuring device to any merchandise kept, sold or offered by any person shall be prima facie evidence of the use of such device for weighing or measuring the same. The inspector and city sealers are hereby made special peace officers, and may arrest without warrant any violator of the law in relation to weights and measures, and may seize for use as evidence and without warrant any false or unsealed weighing or measuring device, or package or amounts of commodities found, offered or exposed for sale or sold in violation of such law. [1912; last amended 1928.]

Sec. 76-109. Meter measurement.

It shall be unlawful for any person to sell water, electric energy, or gas, used or to be used for commercial or domestic purposes, except by meter measurement if the consumer shall request the same; or to charge and collect for a greater amount than actually furnished during the period for which the charge was made; but an allowance of not exceeding three per cent may be made for inaccuracy in meter measurement.

The in

spector and sealers shall be under the direction of the corporation commission in all matters pertain

Code Annotated 1939, Vol. 5, Ch. 76-Weights and Measures-Continued.

ing to meter inspection. [1912; last amended 1928.]

[ED. NOTE. In the Arizona Code Annotated 1939, following the foregoing section, it is stated: "Constitution of Arizona, art. 15, Sec. 3 confers exclusive power upon the corporation commission to fix the classifications and rates of the public service corporations above mentioned, cities and towns excepted, and in so far as this section may limit the powers of the corporation commission it is unconstitutional. State v. Tucson Gas, Elec. Light & Power Co., 15 Ariz. 294, 138 Pac. 781. The corporation commission, upon application or upon its own motion, notice, and hearing, possesses the power to require illuminating gas to be sold by meter measurement, and may forbid a gas company from charging and collecting for a greater amount of gas than that ‘actually furnished during the period for which charge is made,' if the facts in the case show that such charge is just and reasonable, but the legislature has no such power. State v. Tucson Gas, Elec. Light & Power Co., 15 Ariz. 294, 138 Pac. 781." See page 72 for Constitution of Arizona, art. 15, Sec. 3.]

Sec. 76-110. Officials not to deal in appliances.

It shall be unlawful for the inspector or any city sealer to keep or offer for sale or sell to any dealer in merchandise for use in the state, any weighing or measuring device, or be interested directly or indirectly in such sale. [1912; last amended 1928.] Sec. 76-111. Meter testing; fees; offenses; penalties.

It shall be unlawful for any person in any city having a city sealer, to install any meter for measuring water, electricity or gas without first having had such meter tested by the city sealer, or to use any such meter which has been tested and condemned by the inspector or city sealer without first having the same corrected. In cities having a sealer every person furnishing water, gas, or electricity shall file at the office of the sealer a complete written list of the readings of all meters, together with the individual meter numbers, and the address of the premises upon which such meter is located, upon the day such readings are made. The fee for making the test of any meter shall be one dollar, to be paid by the party demanding the test, but if the meter is in use and is found to be measuring too fast by as much as three per cent, the furnisher shall pay the fee. Any person violating any provision of this or the two preceding sections shall be guilty of a misdemeanor and punished by a fine of not less than ten, nor more than two hundred and fifty dollars, or by imprisonment for not less than one nor more than ninety days, or by both such fine and imprisonment. The continuance of such violation from day to day shall be deemed a separate offense as to each day. [1912; last amended 1928.]

Sec. 76-112. Obstructing or impersonating inspectors.

Any person who hinders or obstructs in any way the state inspector or any city sealer in his duty, or impersonates in any way said inspector or sealer, shall be guilty of a misdemeanor. [1912; last amended 1928.1

Sec. 76-113. Standards of weights and measures.

For weighing grain, hay, coal, groceries, and other like heavy articles of commerce, the standard unit of weight shall be the pound avoirdupois, containing seven thousand grains troy; for weighing precious metals and jewels the unit shall be the pound troy, contaning five thousand seven hundred sixty grains; for weighing goods and medicines when same are used in compound, and filling prescriptions by druggists, the unit shall be the pound apothecary's containing five thousand seven hundred sixty grains troy, but in all other cases, such drugs and medicines shall be sold by avoirdupois weight; for measuring grain, fruit, coal, vegetables, the unit shall be the Winchester bushel, containing two thousand one hundred fifty and forty-two hundredths cubic inches; and for measuring all liquids, except such as enter into the composition of medical preparations, the unit shall be the liquid gallon, containing two hundred thirty-one cubic inches. Such liquids as are used in the composition of medical prescriptions shall be measured by the apothecary's fluid measure. The unit of linear measure shall be the yard, containing thirty-six inches in length, and being identical with the imperial yard of Great Britain. [1912; last amended 1928.] Sec. 76-114.1 Bread: Marking requirements.

It shall be unlawful for any person to offer for sale or sell any bread in loaves without having written or stamped thereon, or on the label attached thereto, with indelible letters and figures, the name of the manufacturer and the correct net weight thereof, or at the time when such bread is so wrapped and marked, with an allowance of five per cent for bread over one day old, and of ten per cent if over two days old; all loaves over three days old shall be deemed stale bread and sold as such. [1912; last amended 1928.]

1 See also Secs. 68-415-68-417, page 78; standard weights of bread, tolerances, scales, enforcement, and exceptions.

Sec. 76-115. Coal: Sale by weight; delivery tickets.

It shall be unlawful to sell or offer to sell coal in any other manner than by weight. No person shall deliver coal without such delivery being accompanied by a delivery ticket in duplicate, on each of which shall be indelibly written the gross weight of the load, the tare of the delivery vehicle, quantity of coal on the container used in such deliveries, and the name of the purchaser and the dealer. One ticket shall be surrendered to the inspector or sealer upon his demand for his inspection, and the other delivered to the purchaser at the time of the delivery or when the sale is made. [1912; last amended 1928.]

Sec. 76-116. Bottles for distilled water, milk, or cream.

Bottles used for the sale of distilled water, milk, and cream, shall be of the capacity of one-half gallon, three pints, one quart, one pint, one-half

pint, and one gill, filled full to the bottom of the lip. The following variations of individual bottles or jars may be allowed, but the average content of not less than twenty-five bottles selected at random from at least four times the number tested must not be in error by more than one-fourth of the tolerances: Six drams above and six drams below on the half gallon, five drams above and five drams below on the three pint, four drams above and four drams below on the quart, three drams above and three drams below on the pint, two drams above and two drams below on the half pint, and two drams above and two drams below on the gill.

Bottles or jars used for the sale of distilled water, milk or cream shall have clearly blown or otherwise permanently marked in the side of the bottles the capacity of the bottles, and in the side or bottom of bottles the name, initials, or trademark, of the dealer using same. Any dealer who uses for the purpose of selling distilled water, milk, or cream, jars or bottles that do not comply with the requirements of this section as to marking and capacity, shall be guilty of using a false or insufficient measThe inspector and city sealers are not required to seal all such bottles or jars, but they shall from time to time make tests of individual bottles. [1912; last amended 1928.]

ure.

Sec. 76-117. Wood and ice: Methods of sale.

It shall be unlawful for any person to sell or offer to sell any cut, sawed or split wood in any other manner than by the cord or fractional part thereof, and no person shall deliver such wood without delivery tickets as heretofore required in the delivery and sale of coal. Ice sold at retail shall be by weight. [1912; last amended 1928.]

Sec. 76-118. Hay: Methods of sale.

It shall be unlawful to sell or offer to sell baled hay in any other manner than by weight, except by an agreement between the seller and the purchaser. No person shall deliver any hay without such delivery being accompanied by delivery tickets as heretofore required in the sale and delivery of coal, except that loose hay in stacks or by wagon load may be sold by measurement by an agreement between the seller and the purchaser. When hay is shipped in carloads the weight of the bales need not be marked. Each bale shall have marked thereon the correct weight in pounds or fractions of a pound avoirdupois; and it shall be unlawful for any person to sell or offer for sale any such bale of hay on which the correct weight has not been marked. An allowance of three per cent in weight for shrinkage shall be made on all bales less than six months old, and of five per cent if over six months old, if the age of such bale be marked thereon. [1912; last amended 1928.]

Sec. 76-119. Meats: Methods of sale.

It shall be unlawful to sell or offer to sell any fresh meat, or fish, in any other manner than by weight. No person shall deliver such fresh meat without a delivery ticket on which shall be indelibly marked in pounds or fractions of a pound avoirdupois, the correct weight and the name of the purchaser and dealer, and given to the purchaser at the time the sale is made. [1912; last amended 1928.]

Sec. 76–121. Packaged commodities: Marking requirements; tolerances.

Where butter, [coffee]1, tea, baking powder, oatmeal, tapioca and all cereals and farinaceous goods, wheat flour, buckwheat flour, cornmeal, rice, beans, sugar, barley, bran, wheat, oats, corn, potatoes, onions, seed, ham, bacon, lard, lard compounds or substitutes, soda crackers, or dried fruits, are sold in packages or containers, each package or container shall have written or stamped upon the wrapper or upon the package or container the correct weight of the contents, in pounds and ounces, or fractions of a pound avoirdupois; and it shall be unlawful for any person to sell or offer for sale any such package or container of such commodities on which the correct weight of the contents has not been written or stamped. An allowance of not exceeding two and a half per cent shall be made for shrinkage on all containers of wheat flour, buckwheat flour, cornmeal, rice, beans, sugar, barley, bran, wheat, oats, corn, potatoes, onions, seed, ham, bacon, or butter. [1912; last amended 1928.]

1 The word "coffee' is to be found in the original act and also in the side title in both the Revised Statutes of 1928 and the 1939 Code, but is not contained in the body of the section in either the Revised Statutes or the Code.

Sec. 76–122. Vinegar and oils: Marking requirements.

Where vinegar, sweet oil, or olive oil are sold in bottles or cans, each shall have written or stamped upon the wrapper or upon the bottle or can the correct quantity of the contents in gallons, quarts, pints, or gills, or fractional parts thereof; and it shall be unlawful for any person to sell or offer for sale any such bottle or can upon the wrapper, bottle, or can, of which the correct quantity of the contents has not been written or stamped. [1912; last amended 1928.]

Sec. 76-123. Penalty.

Any person violating any of the eight preceding sections [Secs. 76-114-76-119, 76-121, 76-122] shall be guilty of a misdemeanor, and punished by a fine of not less than five [$5.00], nor more than two hundred and fifty dollars [$250]. [1912; last amended 1928.]

Sec. 76-125. Public weighmasters: Definition; bonds; seals. Any person engaged in the business of weighing cotton or other products for hire, or who shall