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General Statutes 1943, Vol. 2, Div. XI, Ch. 81, Art. 4
-Weigh Masters

Pago Sec. 81-36 Definition

721 81-36.1 Administration of article

722 81-37 Application for license permit

722 81-37 Issuance of weight certificates.

722 81-39 Official seal

722 81-40 Violations by weight masters; penalty --- 722 81-41 Requesting weight master to falsify

weights impersonation of weighmaster;

master; alteration of certificate, etc..--- 722 81-42 Certificate presumed correct

722 81-43

Duty between weighing and issuance of
certificate

723 81-43.1 Weighing tobacco in sales warehouses_ 723 81-44 Complaint to commissioner; reweighing 723 81-45 Use of approved devices only

723 81-46 Annual license; fee

723 81-47 Use of fees collected

724 81-48 Issuance of seal.

724 81-49 Seal property of state; offenses; penalty- 724 81-50 Cotton weighing

724

General Statutes 1943, Vol. 2, Div. XI, Ch. 81, Art. 1
-Weights and Measures, Supervision

Page Sec. 81-1 Superintendent of weights and measures; office created

715 81-2 Administration of weights and measures laws

715 81-2.1 Board of agriculture authorized to estab

lish standards of weights and measures
for commodities having none; excep-
tion

715 81-3 Superintendent of weights and measures; duties; salary; bond

715 81-4 Salaries and expenses

716 81-5 Local standard-keeper; duties

716 81-6 Sealing weights and measures apparatus; fees; receipt

716 81-7 ssuance of working standards

716 81-8 Standards of weights and measures. 716 81-8-1 Milk and cream: Rules and regulations

relating to standards or units of
weights or measure

716
81-9
Supervision of devices

716 81-10 Authority of deputy or local inspector.. 716 81-11 Same: Condemning and/or destruction of devices

717 81-12 Police powers of weights and measures officials

717 81-13 Obstructing weights and measures official; penalty

717 81-14 Impersonation of weights and measures official; penalty

717 81-14.1 Weighing livestock sold at public livestock market; weight certificates

717 81-14.2 Commodities to be sold by weight, measure or numerical count

717 81-14.3 Unlawful for package to mislead purchaser

717 81-14.4 Flour, meal, hominy and hominy grits:

Standard weight containers; nonstand-
ard weight containers; marking require-
ments; exception; definitions

717 81-14.5 Weight and measure terms defined 718 81-14.6 Sale of masonry units

718 81-14.7 Approval of heating units, etc., for curing tobacco

719 81-14.8 Coal, coke and charcoal: Sale by weight only; ton; scales; testing; weight certifi

719 81-14.8 Bread: Standard loaf established

719 81-15 Packaged commodities; quantity label; tolerances; definitions

719 81-15.1 Statement to be furnished seller of pulp wood by purchaser

719 81-17 Net weight basis of sales by weight.. 719 81-18 Offenses; penalty

720 81-19 “Person" defined

720 81-20 "Weights, measures, weighing or measuring devices" defined

720 81-22 Bushel and subdivisions thereof regulated 720

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General Statutes 1943, Vol. 2, Div. XI, Ch. 81, Art. 2

-Weights and Measures, Establishment and Use of
Standards
Sec. 81--23 Standard weight of commodities; offenses;
penalty

720 81-23.1 Standard rule for measurement of logs -- 721 81-25 Area of acre

721

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Definitions

733 Prohibited acts

733 Injunctions

733 Penalty for violations; exceptions 734 Embargo

734 Treatment of minor violations

734 Establishment of standard fill of food container; regulations

734 When food deemed misbranded

734 When drug deemed misbranded

734 When cosmetic deemed misbranded 734 Rules and regulations

735 Exemptions

735

728 728

106–130 106_134 106-137 106_139 106_144

measure

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General Statutes 1943, Vol. 2, Div. XI, Ch. 73, Art. 1

-Public Mills Sec. 73-1 Definition

728 73-3 Measures to be kept; tolls by weight or

729 73-4 Keeping false toll-dishes misdemeanor 729 General Statutes 1943, Vol. 3, Div. XVI, Ch. 106, Art.

2—"North Carolina Fertilizer Law of 1947" Sec. 106–50.2 Enforcing official

729 106_50.3 Definitions

729 106–50.5 Marking requirements

729 106–50.15 Rules and regulations; weights of bags regulated

729 106_50.16 Short weight; tolerances

729 106_50.18 “Stop sale" orders

729 106–50.20 Penalty for violations

729 General Statutes 1943, Vol. 3, Div. XVI, Ch. 106, Art.

4A—"Insecticide, Fungicide and Rodenticide Act of

1947" Sec. 106–65.2 Definitions

730 106–65.3 Prohibited acts

730 106–65.4 Injunctions

730 106–65.6 Rules and regulations

730 106–65.7 Penalty for violations; exceptions 730 106–65.8 Guaranty protection

731 106_65.9 Short weight

731 106–65.10 “Stop sale" orders

731 General Statutes 1943, Vol. 3, Div. XVI, Ch. 106, Art.

6-Cotton-Seed Meal Sec. 106–68 Definition

731 106_69 Marking requirements

731 106_71 Rules and regulations; penalty

731 106_72 Sales without tag; penalty; forfeiture 731 106_73 General penalty

731 General Statutes 1943, Vol. 3, Div. XVI, Ch. 106, Art.

8—Agricultural Liming Material Sec. 106_81 Regulation of sale

732 106_82 Registration

732 106_83 Marking requirements

732 106_86 Administration

732 106-88 Penalty for violations

732 106-92 Exemptions

732 General Statutes 1943, Vol. 3, Div. XVI, Ch. 106, Art.

9—Commercial Feeding Stuffs Sec. 106-93 Marking requirements

732 106-94 Standard weight packages

732

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General Statutes 1943, Vol. 3, Div. XVI, Ch. 106, Art.

40—Leaf Tobacco, Sales Sec. 106_463 Allowance for weight of baskets and trucks 737

106_464 Penalty for violating preceding section -- 737

General Statutes 1943, Vol. Div. XVI, Ch. 106, Art.

51--Antifreeze Sec. 106–569 Definition

106_571 When deemed misbranded
106-573 Enforcement; stop sale order; seizure

737
737
737

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General Statutes 1943, Vol. 2, Div. XI, Ch. 81, Art. 1—

Weights and Measures, Supervision. Sec. 81-1. Superintendent of weights and measures; office created.

In order to protect the purchasers or sellers of any commodity and to provide one standard of weight and measure of length and surface throughout the State, which must be in conformity with the standard of measure of length, surface, weight and capacity established by Congress, the office of the Superintendent of Weights and Measures for the State of North Carolina is hereby established as hereinafter provided. [1927; last amended 1945.] Sec. 81–2. Administration of weights and measures laws.

The provisions of this article (Secs. 81-1—8122] shall be administered by the State Department of Agriculture through a suitable person to be selected by the Commissioner of Agriculture and known as the Superintendent of Weights and Measures. For the purpose of administering and giving effect to the provisions of this article, the rules and codes of specifications and tolerances as adopted by the National Conference of Weights and Measures and recommended by the United States Bureau of Standards and approved by the North Carolina Department of Agriculture are hereby adopted; however, the Department of Agriculture is empowered to make such further rules and regulations as may be necessary to make effective the purposes and provisions of this article, and to fix and prescribe reasonable charges and fees for examining, testing, adjusting and certifying the correct, or incorrect, equipment used in the buying or selling of any commodity or thing, or any equipment used for hire or award, or in the computation of any charge for services rendered on the basis of weight or measure, or in the determination of weight or measure, when a charge is made for such determination. Such rules and regulations and fees and

charges shall be published thirty days before such rules, regulations, fees and charges become effective. [1927; last amended 1949.] Sec. 81-2.1. Board of agriculture authorized to establish

standards of weights and measures for commodities hav. ing none; exception.

The board of agriculture is authorized, directed and empowered to establish by order (after public notice as may be determined by it), standards of weights and measures on any commodity in any instance where no standard has been established by the congress of the United States, or by the laws of the state of North Carolina, provided, however, that when a standard is established by congress, or by the laws of the state of North Carolina, such standard shall supersede the standard or standards established by the board of agriculture. Provided, that this section does not authorize the board of agriculture to establish a standard log rule measure. [1945; last amended 1949.] Sec. 81–3. Superintendent of weights and measures; duties; salary; bond.

The Commissioner of Agriculture shall have authority to employ a superintendent of weights and measures and necessary assistants, local inspectors and such other employees as may be necessary in carrying out the provisions of this article [Secs. 81-1481-22), and fix and regulate their duties.

The person named as superintendent of weights and measures shall give bond to the state of North Carolina in the sum of ten thousand dollars to guarantee the faithful performance of his duties, the expense of said bond to be paid by the State and said bond to be approved as other bonds for the State officers. The superintendent of weights and measures shall, to safeguard the interests of the buyer and seller, require bond from other employees authorized under the first paragraph of this section in the amounts of not less than one thousand dollars for each employee designated as a local inspec

General Statutes 1943, Vol. 2, Div. XI, Ch. 81, Art. 1— to the State, from which they shall not be removed Weights and Measures, Supervision-Continued. except for repairs or for certification, and he shall

take all other necessary precautions for their safe tor or sealer of weights and measures. [1927; last amended 1949.]

keeping. He shall maintain the State standards in

good order and shall submit them at least once in Sec. 81-4. Salaries and expenses.

ten years to the National Bureau of Standards for All salaries and necessary expenses shall be paid

certification. He shall keep complete record of the

standards, balances and other apparatus belonging as now provided for the other departments and agencies of the State government. [1931; last

to the State and take a receipt for same from his amended 1949.]

successor in office. He shall annually, on the first

day of July, make to the Commissioner of AgriSec. 81–5. Local standard-keeper; duties.

culture a report of all work done in his office. When any town or county wishes to appoint a

[1927; last amended 1949. local standard keeper or inspector or sealer of Sec. 81–8.1. Milk and cream: Rules and regulations relating weights and measures, the appointment and regula- to standards or units of weights or measures. tion of his work must be in keeping with the rules The Board of Agriculture is hereby authorized and regulations of the State Department of Agri- and empowered to adopt and promulgate, after culture and his work subject to supervision of the due notice and hearing, rules and regulations preState Superintendent of Weights and Measures.

scribing standards or units of weight or measure[1927; last amended 1949.]

ment by which milk, cream or other fluids contain

ing milk or milk products may be sold at retail in Sec. 81-6. Sealing weights and measures apparatus; fees; receipt.

bottles or other capped or sealed containers, and

the sale thereof by any other standards or units of The State Superintendent of Weights and Meas

weight or measurement shall be unlawful. [1949 ures, or his deputies, or inspectors on his direction, shall, after examining any standards of weights or Sec. 81–9. Supervision of devices. measures or other equipment used for determining The State Superintendent of Weights and Meas the weight or measure of anything, issue to the ures shall have and keep general supervision of owner of such measuring device or equipment a the weights and measures and weighing or measurreceipt for any fees collected and, when such

ing devices offered for sale, sold, or in use in the measuring device or equipment is found to be State. He, or his deputies or inspectors at his diaccurate, stamp upon, or tag, the measuring in

rection, shall, upon written request of any citizen, strument with the letters “N.C." and two figures firm, or corporation, or educational institution in representing the year in which the inspection was the State, test or calibrate weights, measures and made. [1927; last amended 1949.]

weighing or measuring devices used as standards

in the State. [1927; last amended 1949.] Sec. 81–7. Issuance of working standards. There shall be issued to each deputy inspector,

Sec. 81-10. Authority of deputy or local inspector. or local sealer of weights and measures, such stand- Each deputy or local inspector shall have the ard equipment as may be necessary. (1927] power, and it shall be his duty, under the direc

tion of the State Superintendent of Weights and Sec. 81–8. Standards of weights and measures.

Measures, to inspect, test, try and ascertain if they The weights and measures received from the are correct all weights and measures and weighing United States under joint resolution of Congress, and measuring devices kept, offered, or exposed approved June fourteenth, one thousand eight for sale, sold, or used or employed within the State hundred and thirty-six, and July twenty-seventh, by any proprietor, agent, lessee, or employee in one thousand eight hundred and sixty-six, and such proving the size, quantity, extent, area, or meas new weights and measures as shall be received from urement of quantities, things produced, or articles the United States as standards of weights and meas- for distribution or consumption, purchased or ofures in addition thereto, or in renewal thereof, fered or submitted by any person or persons for and such as shall be supplied by the State in con- sale, hire, or award, and he shall have the power, formity therewith and certified by the National and shall, from time to time, weigh or measure Bureau of Standards shall be the State standards and inspect packages or amounts of commodities of weights and measures, and in addition thereto of whatsoever kind kept for the purpose of sale. shall be supplied from time to time such copies of offered, or exposed for sale, or sold, or in the these as may be deemed necessary. The Superin- process of delivery, in order to determine whether tendent of Weights and Measures shall take charge the same contain the amount represented, or of the standards adopted by this article Secs. 81- whether they be kept, offered or exposed for sale 1481-22] as the standards of the State and cause or sold in a manner in accordance with law. He them to be kept in a fire proof building belonging may, for the purpose above mentioned and in the

general performance of his duties, enter and go into, or open, and without formal warrant, any stand, place, building, or premises, or stop any vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any person whomsoever and require him, if necessary, to proceed to some place which the sealer may specify for the purpose of making the proper test. [1927] Sec. 81–11. Same: Condemning and/or destruction of devices.

The deputy or local inspector shall condemn, seize, and may destroy incorrect weights and measures or weighing and measuring devices, which in his best judgment are not susceptible of satisfactory repair, but such as are incorrect and yet in his best judgment may be repaired, he shall mark or tag as “Condemned for Repairs” in a manner prescribed by the State Superintendent of Weights and Measures. The owners or users of any weights, measures or weighing or measuring devices of which such disposition is made shall have the same repaired and corrected within ten days and they may neither use nor dispose of same in any way, but shall hold the same at the disposal of the sealer. Any weights, measures, or weighing or measuring devices which have been condemned for repairs and have not been repaired as required shall be confiscated by the sealer. [1927] Sec. 81–12. Police powers of weights and measures officials.

The Superintendent of Weights and Measures, his deputies and inspectors are hereby made special policemen and are authorized and empowered to arrest without formal warrant, any violator of the statutes in relation to weights and measures and to seize as use for evidence without formal warrant any false or unsealed weights, measures, or weighing or measuring devices or package or amount of commodity found to be used, retained, or offered or exposed for sale, or sold in violation of law. [1927] Sec. 81–13. Obstructing weights and measures official; penalty.

Any person who shall hinder or obstruct in any way the Superintendent of Weights and Measures, his deputies or inspectors, in the performance of his official duties shall be guilty of a misdemeanor and, upon conviction in any court of competent jurisdiction, shall be punished by fine of not less than ten dollars or more than two hundred dollars, or by imprisonment in the county jail for not more than three months, or by both fine and imprisonment. [1927] Sec. 81–14. Impersonation of weights and measures official; penalty.

Any person who shall impersonate in any way the Superintendent of Weights and Measures, his deputies or inspectors, by the use of his seal or counterfeit of his seal or otherwise, shall be guilty

888243-51

of a misdemeanor and upon conviction therefor in any court of competent jurisdiction, shall be punished by a fine of not less than one hundred dollars or more than five hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. [1927] Sec. 81–14.1. Weighing livestock sold at public livestock market; weight certificates.

Whenever livestock is offered or exposed for sale, or sold by weight at a public livestock market, the livestock shall be weighed by a public weighmaster and each individual sale shall be accompanied with a weight certificate in duplicate on which shall be expressed in ink or other indelible substance, the name and address of seller, the kind, number and weight of livestock being offered for sale, or sold, the time of day and date of weighing and the name of weighmaster. The information expressed on said certificate shall be announced or otherwise made known immediately preceding the sale, if said sale be by auction. [1943] Sec. 81–14.2. Commodities to be sold by weight, measure,

or numerical count.

It shall be unlawful to sell except for immediate consumption by the purchaser, on the premises of the seller, liquid commodities in any other manner than by weight or liquid measures, or commodities not liquid in any other manner than by measure of length, by weight, or by numerical count. When a commodity is sold by numerical count in excess of one unit, the units which constitute said nu. merical count shall be uniform in size and/or weight, and be so exposed as to be readily observed by the purchaser: Provided, however, that nothing in this section shall be construed to prevent the sale of fruits, vegetables, and other dry commodities in standard containers defined by acts of the United States congress known as “Standard Container Acts," and the rules and regulations promulgated in accordance therewith; or of fruits or vegetables sold by the head, or bunch, or of any other commodity which is especially provided for by some other section of this chapter (Secs. 81-181-70). [1945; last amended 1949.) Sec. 81–14.3. Unlawful for package to mislead purchaser.

It shall be unlawful to keep for the purpose of sale, offer or expose for sale, or sell, any commodity in package form when said package is so made, or formed, or filled, or wrapped, or exposed, or marked, or labeled as to mislead, or deceive the purchaser as to the quantity of its contents. [1945] Sec. 81–14.4. Flour, meal, hominy and hominy grits: Stand

ard weight containers; nonstandard weight containers; marking requirements; exception; definitions.

All flour and meal packed for sale, offered or exposed for sale, or sold in this state shall be in one of the following standard weight packages and

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