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

weigh cotton or other products and issue therefor a weight certificate intended to be accepted as an accurate weight upon which a purchase or sale is to be based or who shall engage in the business of weighing motor vehicles, trailers or semi-trailers and issuing weight certificates intended to be accepted as an accurate weight for the purpose of determining the amount of any tax, fee or other assessment on such vehicles, or who shall engage in the business of weighing any object or thing for the public generally for hire, shall be known as a public weighmaster, and shall file a bond with the state inspector of weights and measures in the sum of one thousand dollars, for the faithful performance of his duties, and shall, at his expense, obtain from such inspector a seal for the stamping of weight certificates in such form as the inspector may prescribe. Such seal shall be the property of the state to be returned to the inspector upon termination of the lawful use thereof and any certificate of weight bearing such seal, shall be recognized as accurate. [1927; last amended 1935.]

Sec. 76–126. Same: Weight certificates.

The state inspector shall prescribe a form of weight certificates to be used by public weighmasters, to be known as the State Certificate of Weights and Measures, and shall state therein the kind of product, its number of units, the date of receipt of the product, the owner, agent or consignee, the total weight of the product, the transportation by which received, and such other information as may be necessary to distinguish or identify the product from a like kind, and if a motor vehicle, trailer or semi-trailer, the engine, serial or other identifying number, the date of the weighing and the owner and the weight thereof. No other certificates shall be used by public weighmasters, but whenever there may be issued a warehouse receipt for the product weighed, the form of such warehouse receipt shall be such as is prescribed in the law relating to warehouse receipts, and the certificate of weight may be made a part of such warehouse receipt. Public weighmasters shall keep and preserve correct and accurate records of all public weighing for at least five years, at all times to be open for inspection by the inspector, or his deputy. [1927; last amended 1935.]

Sec. 76-127. Same: False weight certificates; offenses.

Any public weighmaster who issues any false or fraudulent certificate shall be guilty of a misdemeanor, and the inspector may compel the return to him of the state seal or declare his bond as public weighmaster forfeited. Any person who shall request the public weighmaster or any person employed by him to weigh any cotton or other product or any motor vehicle, trailer, or semi-trailer or other object or thing falsely or incorrectly, or

who shall request the issuance of a false or incorrect state certificate of weight, or any person issuing a state certificate of weight who is not a public weighmaster, or any person who violates any other provision of this article [Secs. 76-101-76-129], shall be guilty of a misdemeanor. [1927; last amended 1935.]

Sec. 76-129. Same: Reweighings; deputy weighmasters.

When any doubt or difference arises as to the correctness of the weight of any cotton or other product or of any motor vehicle, trailer or semitrailer, or other object or thing for which a state certificate of weights has been issued by a public weighmaster, the owner, agent or purchaser may upon complaint to the state inspector, have said cotton or other product or said motor vehicle, trailer or semi-trailer or other object or thing reweighed by the inspector, or by a public weighmaster designated by him, upon depositing a sufficient sum of money to defray actual cost of the reweighing. If on reweighing a difference in the original weight is discovered as a result of fraud, carelessness or faulty apparatus, the cost of reweighing and the loss occasioned by such difference in weight shall be borne by the public weighmaster who issued such certificate. Public weighmasters employing or designating any person to act for them as deputy public weighmaster are responsible for all acts performed by such person, and the public weighmaster shall forward to the inspector the name and address of any person so appointed forthwith upon his appointment. [1927; last amended 1935.]

Constitution, Art. 15; Code Annotated 1939, Vol. 1— The Corporation Commission.

Sec. 2. Public service corporations.

All corporations other than municipal engaged in carrying persons or property for hire; or in furnishing gas, oil, or electricity for light, fuel, or power; or in furnishing water for irrigation, fire protection, or other public purposes; or in furnishing, for profit, hot or cold air or steam for heating or cooling purposes; or in transmitting messages or furnishing public telegraph or telephone service, and all corporations other than municipal, operating as common carriers, shall be deemed public service corporations. [1911]

Sec. 3.1 Rules and regulations.

The corporation commission shall have full power to, and shall, * * make reasonable rules, regulations, and orders, by which such corporations shall be governed in the transaction of business within the state, ***; Provided, that incorporated cities and towns may be authorized by law to exercise supervision over public service corporations doing business therein, *. [1911]

1 See Sec. 76-109, page 69, and editor's note thereunder; meter inspection.

Code Annotated 1939, Vol. 4, Ch. 49, Art. 6-"Arizona Fertilizer Law of 1937."

Sec. 49-602. Definitions.

"Commercial fertilizer" means any substance, including any combination or mixture of substances, designed and fit for use in inducing increased crop yields or plant growth when applied to the soil, except unmanipulated animal and vegetable manures, liming materials, residue or sludge from sewage disposal plant, and gypsum;

"Fertilizer material" means any substance which is or may be used with another substance in the compounding of mixed fertilizers, or for direct application to the soil, principally as a source of plant food; [1937]

Sec. 49-603. Enforcement officer.

This act [Secs. 49–601-49–625] shall be administered by the state chemist. The head of the department of agricultural chemistry and soils of the agricultural experiment station of the University of Arizona is constituted state chemist for the enforcement of this act. [1937]

Sec. 49-604. Registration.

(a) It shall be unlawful for any person, acting for himself, or as agent, to sell or offer for sale within the state any commercial fertilizer or fertilizer material that has not been registered as required by this section.

(b) Any person who may desire to sell or offer for sale, either by himself or through another person, mixed fertilizer or fertilizer materials in this state, shall first file with the state chemist, on registration forms supplied by him, a signed statement, giving the name and address of the applicant and the following information with respect to each brand or grade, in the following order: 1. weight of each package in pounds; * [1937]

Sec. 49-605. Marking requirements.

(a) Each person who offers for sale or sells commercial fertilizer or fertilizer material in this state shall mark upon each container or associate with each shipment or some document relative thereto the information required by subsections (b) and (c) of section 4 [Sec. 49-604]. The information may either be branded or printed directly on the bag or other shipping container, or may be printed on a tag, label, or certificate which shall be affixed to the shipping container or otherwise associated with the shipment, as provided in this section.

(b) If shipped in bags, barrels, or other containers commonly used, the data required by subsections (b) and (c) of section 4 shall be printed:

1. either directly on the package, or, 2. on tags to be affixed to the package by the manufacturer.

(e) If shipped in packages weighing five pounds or less, the information may be printed in any appropriate way on the container in which the material is delivered to the purchaser, or upon a common shipping container in which the smaller packages are shipped. [1937]

Sec. 49-622. Offenses.

Each of the following offenses shall be a misdemeanor and any person upon conviction thereof shall be punished as provided by law for the punishment of misdemeanors:

1. The violation of any one of the following provisions of this act [Secs. 49-601-49-625]: subsection (a) of section 4 [Sec. 49-604]; subsection (b) of section 4; section 5 [Sec. 49-605]; *** [1937]

Code Annotated 1939, Vol. 4, Ch. 49, Art. 14—“Agricultural Minerals Act of 1947."

Sec. 49-1402. Definitions.

In this act [Secs. 49-1401-49-1413], unless the context otherwise requires:

"manufacturer" means a person engaged in the business of preparing, mixing, or manufacturing agricultural minerals;

"sell" or "sale" includes exchange;

"agricultural minerals" are mineral or chemical substances, or mixture of mineral or chemical substances and organic substances which are applied to the soil primarily for purposes other than as a direct source of plant food except unmanipulated animal or vegetable manures, and unmanipulated residue or sludge from sewage disposal plants; [1947]

Sec. 49-1403. Enforcing official.

This act [Secs. 49-1401-49-1413] shall be administered by the state chemist. The head of the department of agricultural chemistry and soils of the agricultural experiment station of the University of Arizona is constituted state chemist for the enforcement of this act. [1947]

Sec. 49-1404. Registration.

(a) It shall be unlawful for any person acting for himself, or as agent, to sell or offer for sale within the state any agricultural mineral that has not been registered as required by this section.

(b) Any person who may desire to sell or offer for sale, either by himself or through another person, agricultural minerals in this state, shall first file with the state chemist, on registration form supplied by him, a signed statement, giving the name

Code Annotated 1939, Vol. 4, Ch. 49, Art. 14— "Agricultural Minerals Act of 1947"-Continued. and address of the applicant and the following information with respect to each brand or grade: (1) weight of each package in pounds; ***

(d) For the privilege of registration, the person applying therefor shall pay to the state chemist in advance of registration fifty dollars for each brand or grade, as the case may be. Said registration shall expire on the thirty-first day of December of the year for which it is made. [1947]

Sec. 49-1405. Marking requirements.

Each person who offers for sale or sells agricul tural minerals in this state shall mark on each container or associate with each shipment or some document relative thereto the information required. by section 4 [Sec. 49-1404]. [1947]

Sec. 49-1412. Penalties.

Any person, who, by himself, or through another, in connection with the sale of any substance or mixture of substances included within the scope of this act [Secs. 49-1401-49-1413]:

(a) Makes any material or substantial misrepresentation;

(b) Makes any false promises of a character likely to influence, induce or deceive;

(c) Causes to be published or distributed false or misleading literature, or causes to be displayed false or misleading advertisements; is guilty of a misdemeanor. [1947]

Code Annotated 1939, Vol. 4, Ch. 49, Art. 9-"Arizona Citrus Fruit Standardization Act."

Sec. 49-903. Enforcement officer.

The provisions of this act [Secs. 49-901-49-925] shall be enforced by the supervisor of inspection1

*. It shall also be the duty of the state entomologist and his deputies and of the state quarantine inspectors to enforce this act. Said supervisor and his deputies and the state entomologist and his deputies and the state quarantine inspectors are hereinafter called the enforcing officers.

In addition to the deputies and clerks, there shall be appointed by the supervisor of inspection an inspector from among the employees of each citrus fruit packing plant or citrus fruit packer in the state of Arizona, or from among other suitable persons, which employee or other person shall be designated by the person, firm or corporation operating such citrus packing plant, and who shall be compensated by such firm, person or corporation, for his services as inspector. [1933]

*

1 See Sec. 49-1005, page 75, Office of Supervisor of inspection created.

Sec. 49-910. Penalty for violations.

Any person who shall violate any of the provisions of this act [Secs. 49-901-49-925] shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than five hundred dollars ($500.00), or be imprisoned not more than one year, or both. [1933]

Sec. 49-913. Standard packages.

** * the supervisor may provide for standard packages other than those established in this act. [Secs. 49-901-49-925], but no standard packages shall be eliminated or changed without two years' notice to the industry involved. [1933]

Sec. 49-914. Definitions.

"Containers" or "Packages," shall mean any container used for packing, shipping or selling citrus fruits.

"Citrus fruit" shall mean the fruit of any tree of the orange, lemon, lime, grapefruit, tangerine, cumquat or other citrus tree which produces edible citrus fruit suitable for human consumption. [1933]

Sec. 49-922. Standard containers.

(a) The citrus fruit in any one container shall be uniform in size. Grapefruit and oranges, except tangerines and mandarins, shall be regularly packed throughout in closed standard containers numbers 1, la, or 2 (subsection (c)), and lemons in closed standard containers numbers 3 or 4 (subsection (c)).

(b) Every container of citrus fruit shall bear in plain sight and plain letters on one outside end:

* 3. the number of fruit in the container or the cubical content of the container, together with the average diameter of the fruit; *

(c) The following shall be standard containers, all dimensions to be determined by inside measurements in inches:

1. Standard two-compartment orange or grapefruit box, each compartment: depth, eleven and one-half; width, eleven and one-half; length, twelve.

la. Standard one-compartment orange or grapefruit box: depth, eleven and one-half; width, eleven and one-half; length, twenty-four.

2. Standard two-compartment half orange or grapefruit box, each compartment: depth, five and three-fourths; width, eleven and one-half; length,

twelve.

3. Standard two-compartment lemon box, each compartment: depth, ten; width, thirteen; length, twelve and one-half.

4. Standard two-compartment half lemon box, each compartment: depth, five; width, thirteen; length, twelve and one-half.

(d) Lids for standard containers numbers 1 and 2 (subsection (c)) shall be not more than twentysix and one-eighth inches in length. Lids for standard containers numbers 3 and 4 (subsection (c)) shall be not more than twenty-seven and oneeighth inches in length. [1933; last amended 1941.] Sec. 49-923. Irregular containers.

Provided, further, that citrus fruits may be offered for sale, sold, or transported in, into or through the state of Arizona, in irregular containers, other than standard packages, when such irregular containers are so marked as to clearly indicate that the same are not standard packages as herein described. [1933]

Code Annotated 1939, Vol. 4, Ch. 49, Art. 10-"The Arizona Fruit and Vegetable Standardization Act.” Sec. 49-1004. Construction of act.

(a) All fresh fruits and vegetables when being packed, or after packing, or when delivered for shipment, loaded, shipped or being transported, offered for sale or sold in the state of Arizona for which grades, standards and standard containers are herein established shall be construed as coming within the meaning of this act [Secs. 49-100149-1037]. [1929; last amended 1937.]

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edible fruits or vegetables suitable for human consumption. [1929]

Sec. 49-1031. Violations.

It shall be unlawful:

1. To pack, or cause to be packed, sell, offer for sale, deliver for shipment, load, ship or transport for shipment any fruits or vegetables which do not conform to the requirements of this act [Secs. 49-1001-49-1037];

2. To prepare, deliver for shipment, load, ship, transport, offer for sale or sell for shipment, a deceptive pack, load, arrangement or display of fruits or vegetables, or to mislabel any container or display of such fruits or vegetables. [1929; last amended 1937.]

Sec. 49-1034. Standard packs and containers for cantaloupe.

The following standards are hereby established as standard packs for the respective standard containers as shown (inside depth and width, outside length):

Jumbo Cantaloupe Crate 13x13x2312 Packed 27, 36 or 45 melons; Standard Cantaloupe Crate 12x12x2312 Packed 27, 36 or 45 melons; Pony Cantaloupe Crate 11x11x2312 Packed 45 or 54 melons; Jumbo Flat Cantaloupe Crate 5x141/2x2312 Packed 8, 9, 10, 11 or 12 melons; Standard Flat Cantaloupe [Crate] 412x13x2311⁄2 Packed 9, 12, or 15 melons; California Standard Flat Cantaloupe Crate 412x1312x2312 Packed 9, 12, or 15 melons; Pony Flat Cantaloupe Crate 4x12x2312 Packed 15 or 18

melons.

* each crate of cantaloupes shall be conspicuously marked, in letters not less than threeeights of an inch in height, stating the exact number of melons packed therein, and all cantaloupe packs other than those provided in this section, shall be conspicuously marked, in letters not less than three-eights of an inch in height "Irregular pack." Packed cantaloupes shall be in standard containers as prescribed in this section, provided, that other sized containers may be used if conspicuously marked, in letters not less than threeeighths of an inch in height, “Irregular sized container." No containers are established for unpacked or loose cantaloupes. Containers which are not lidded shall not be required to show the markings prescribed in this section. [1929]

Sec. 49-1035. Standard packs and containers for lettuce.

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Code Annotated 1939, Vol. 4, Ch. 49, Art. 10-"The Arizona Fruit and Vegetable Standardization Act" -Continued.

three-eighths of an inch in height, "Irregular container."

Head lettuce, when packed, or after packing, or when shipped, delivered for shipment, offered for sale or sold as a standard pack for shipment from the State, shall contain either two dozen, two and a half dozen, three dozen, three and a half dozen, four dozen, four and a half dozen, five dozen, seventy-five or ninety heads of lettuce per crate, and shall be tightly packed, with a slight bulge of crates when lidded,

In the case of head lettuce in standard packs, there shall be the same numerical count of regularly arranged heads in each layer, and no heads shall be placed outside of the regular arrangements of uniform flat layers, excepting that in case of sizes smaller than four and a half dozen, a bridge of from three to four heads shall be permitted.

In case of head lettuce in other than standard packs, there shall not be a variation in numerical count of more than two heads between any two layers in one container.

Both iced and dry packed lettuce shall be considered as packed.

* all crates of head lettuce, when packed shall be plainly and conspicuously stamped or stenciled on the outside thereof, in figures not less than threeeighths of an inch in height, with the exact number of heads contained therein; provided, that in the case of crates of sizes packed smaller than four and a half dozen, the contents may vary not more than four heads from the count as marked.

Crates in which lettuce is not packed to conform with the requirements for a standard pack established above shall be conspicuously marked "Irregular pack" in letters not less than three-eighths of an inch in height. [1929]

Sec. 49-1036. Vegetable standards; sizes of bunches; sale by weight.

(a) When bunched, carrots shall be virtually uniform in size, and when ranging in diameter from one to one and one-fourth inches shall contain seven carrots to the bunch; if over one and one-fourth inches, five carrots to the bunch. * *

(b) When bunched, beets and turnips shall contain not less than four nor more than five roots to the bunch. (d) [c] Spinach, when being sold, or advertised for sale, whether wholesale or retail, shall be sold by the pound. (e) [d] Asparagus, bunched or loose, when advertised for sale, offered for sale, or sold, either at wholesale or retail, shall be sold by the pound.

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contained in the dry pint basket, containing an interior capacity of approximately thirty-three and six-tenths inches. [1929; last amended 1937.]

Code Annotated 1939, Vol. 4, Ch. 50, Art. 9—Dairy Products.

Sec. 50-904. General powers and duties of commissioner.

The commissioner [state dairy commissioner] is empowered to enforce compliance with the provisions of this act [Secs. 50-901-50-954], [1931]

Sec. 50-940. Testing of milk and cream: Tester's license required; bottles and pipettes; fee.

(a) No person shall be permitted to test milk or cream for the purpose of determining the butterfat content thereof, when the results of such test shall determine the purchase of [or] sales value of [or] the legal standard of such product, unless such tester shall have a state tester's license therefor.

(e) Standard eight per cent milk bottles shall be approved for such use. Only standard long neck nine or eighteen gram fifty per cent cream test bottles shall be approved. Standard seventeen and six-tenths millimetre pipettes shall be approved only for use in testing milk. All test charges of cream samples shall be weighed on scales, the sensitivity of which shall be not more than thirty milligrams and the standard weights shall be nine grams and eighteen grams. All test bottles, while in use as such, shall have been tested for accuracy by the commissioner and shall have the letter "A" etched thereon as a guarantee of his approval. Such milk test bottles as shall show an inaccuracy in excess of one-tenth of a one per cent division on the scale of such bottle shall be rejected. A fee of one dollar shall be charged by the state for each dozen such bottles so tested and etched. [1931] Sec. 50-946. False tests or weights.

It shall be unlawful for any person purchasing dairy products on the basis of butterfat content or weight, to report false test or weight or settle or pay for such products on any other basis than the actual test or weight. Any person violating any of the provisions of this section shall be guilty of a misdemeanor. [1931]

Sec. 50-951. Standard weights of butter packages.

Butter, when sold, offered or exposed for sale in paper containers to the retail trade, shall be in packages of one-quarter pound, one-pound, or twopound packages, net, standard avoirdupois weight, no tolerance in deficiency being allowed. Any person violating the provision of this section shall be guilty of a misdemeanor. [1931]

Code Annotated 1939, Vol. 4, Ch. 50, Art. 10—Commercial Feeds.

Sec. 50-1001. Definition.

The term "commercial feeds" includes all materials used for feeding animals or birds, except:

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