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first offense; not exceeding fifty dollars nor less than forty dollars for the second; not exceeding two hundred dollars nor less than one hundred dollars or the third and all following offenses, and all costs for each and every offense. (1941] ec. 13128–18. Same: Enforcing agency.

The power of enforcement of this act (Secs. 3128–12—13128–21] shall be vested in the Ohio bureau of markets, and certificates of inspection ssued by duly licensed inspectors of such bureau of markets, shall be considered as prima facie evilence in any state court of the facts contained herein. [1941] ec. 13128–19. Same: Disposition of penalties.

All fines assessed under the terms of this act Secs. 13128_12_13128–21] shall be paid into a vermanent revolving fund to be known as, "the Dhio fresh fruit and vegetable standardization und", the proceeds of which fund are to be used a effectuating the purpose and enforcement of this ct. [1941] ?C. 13128–20. Same: Exceptions.

This act (Secs. 13128–12–13128–21] shall not pply to apples in transit from the premises of the roducer to the floor of a grading or processing lant; nor shall it apply to any apples exposed on ne floor of such grading or processing plant; nor all it apply to apples sold and delivered by the roducer to the consumer on the premises where roduced. (1941) c. 13128–21. Same: Used containers. When apples are packed in used containers, carryg any markings pertaining to the previous connts of such containers, such previous markings or bel shall be obliterated, and the new marking all be plain, distinguishable, and legible. [1941] c. 13147. Tobacco: False packing; penalty. Whoever intentionally places or causes to be aced in a hogshead, barrel, box, package or parcel

leaf tobacco, a substance other than tobacco, th intent that such hogshead, barrel, box, packe or parcel shall be exposed to sale or sold, and at the purchaser thereof shall be in ignorance of ch substance, or falsely packs or causes to be cked, in a manner commonly known as "nesting", hogshead, box, package or parcel of leaf tobacco, th intent that it shall be exposed to sale or sold, d that the purchaser thereof shall be in ignorance its real character, or delivers or causes to be deered for sale, a hogshead, box, package or parcel

tobacco containing such foreign substance or sely packed and nested tobacco, to a warehousein, commission merchant, dealer in tobacco or inufacturer thereof, knowing it to contain such eign substance or to be so falsely packed or

nested, with intent that it shall be sold to purchasers ignorant of its real character, or changes or alters a sample selected by an inspector, as provided by law, with intent to defraud a purchaser or other person, shall be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned in jail not less than thirty days nor more than six months, or both, and be liable in damages to the inspector and person injured for the amount of such injury. [1881] Sec. 13165. Binding twine: Marking requirements.

Whoever, being a dealer, manufacturing corporation, company or agent, sells or offers for sale a ball or parcel of binding twine, commonly employed in binding grain, without there is attached thereto a tab or label on which is written or printed the kind of material of which it is composed and the weight of such ball or parcel, shall be fined not less than one dollar nor more than twenty-five dollars. [1893] Sec. 13193–2. False advertising; misdemeanor; penalty.

Whoever directly or indirectly makes, publishes, disseminates, circulates, or places before the public, in this state, in a newspaper, magazine or other publication, or in the form of a book, notice, hand-bill, poster, bill, circular, pamphlet, letter, sign, placard, card, label, or over any radio station, or in any other way, an advertisement or announcement of any sort regarding merchandise, securities, service, employment, real estate, or anything of value offered by him for use, purchase or sale, and which advertisement or announcement contains any assertion, representation or statement which is untrue, or fraudulent, shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not more than two hundred dollars or by imprisonment in the county jail not exceeding twenty days or by both said' fine and imprisonment. [1913; last amended 1945.) Sec. 13193–3. Same: Prosecuting attorney may bring action.

Whenever the prosecuting attorney of any county shall believe from evidence satisfactory to him that any person, firm, corporation or association, or agent or employee thereof, has repeatedly engaged in any act or practice prohibited by section 13193–2 of the General Code of the state of Ohio, he may bring an action in the name and on behalf of the people of the state of Ohio against such person, firm, corporation or association, or agent or employee thereof, to enjoin permanently such person, firm, corporation or association, or agent or employee thereof, from continuing such acts or practices. In said action upon a hearing on the merits an order or a judgment may be entered awarding the relief applied for or so much thereof as the court may deem proper. [1913; last amended 1945.]

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Statutes Annotated, Title 83, Ch. 1–Weights and
Measures, State Standards

Page Sec. 3.1 State standards

796 Statutes Annotated, Title 83, Ch. 2–Weights and

Measures, Standards Sec. 21 Enforcement of chapter

796 22 Weights per bushel; per ton

796 23 Hay: Standard ton

797 24 Perch of stone or masonry

797 25 Mill products: Standard weights

797 26 Same: Marking requirements

797 27 Penalty for violations

797 28 Hindering inspector; penalty

797 29 Mill products and cereals: Illegal sale; confiscation

797 30 Adoption of federal standards for agricul. tural products

798 31 Flour, corn meal, hominy and hominy grits: Standard weight containers; exceptions

798 32 Same: Penalties for violations

798 Statutes Annotated, Title 83, Ch. 3—Weights and

Measures, Weighing of Cotton
Sec. 41
County weigher: Duties; record

798 42 Penalty for violations

798 Statutes Annotated, Title 83, Ch. 4Weights and

Measures, Testing Scales
Sec. 61 Equipment; personnel; method used; ex-

798

Statutes Annotated, Title 4, Ch. 12—Community Sales

of Livestock Sec. 365 Definitions

803 366 License required; bond

803 369 Scale inspection

803 371 Rules and regulations

803 372 Penalty for violations

803 378 Functions of department performed by Presi

dent of State Board of Agriculture--- 803

Statutes Annotated, Title 2, Ch. 14—Fruit and Vege

table Containers Sec. 661.1 General application of law

804 661.2 Marking requirements

804 661.3 Label or exposed surfaces misrepresenting contents

804 661.8 Violation a misdemeanor

804 661.9 Definition of open and closed package..

804 661.11 Enforcement

804

penses; fees

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89

Statutes Annotated, Title 83, Ch. 5–Weights and

Measures, Supervision Sec. 81 State director: Appointment; inspectors. 798 82 Same: Powers and duties

799 83 Regulations of State board of agriculture;

sealing and marking; condemning for re-
pairs

799
84
Marking packages; standards of fill

799 85 Net weights to be used

800 86 Misrepresentation of weight, price or quantity

800 87 Hindering officials; director and inspectors to have power of peace officers

800 88 Misdemeanors

800 Scale repairing and testing: License; bond;

powers of licensee; fees; scope of section -- 801 90 Fees

801 91 Act cumulative

801 93 Exemptions

801 Statutes Annotated, Title 11, Ch. 16—Cities of the

First Class iec. 662 Weights and measures: Regulation of_----- 801 itatutes Annotated, Title 2, Ch. 3—Milk and Cream iec. 305 False determination by test; manner of test

ing; approved methods; sale by weight --- 801 306 Cream test scales; tolerances; testing

802 307 Penalty for violating Sec. 306_

802 aws 1949, Title 2, Ch. 3a—"Oklahoma Commercial

Feed Law" 2 Definition

802 3 Marking requirements

802 6 Enforcement; stop sale order

802 9 Seizure; injunction

802 10 Violation a misdemeanor

802

Statutes Annotated, Title 13, Ch. 3—Coal Shipments

by Common Carrier Sec. 151 Weight statement in bill of lading

805 152 Re-weighing at destination

805 153 Re-weighing on transfer

805 154 Refusal to re-weigh at destination; penalty 805 155 Penalty for violations

805 156 Application to interstate shipments --- 805 157 Method of weighing in case of dispute------ 805

Statutes Annotated, Title 19, Ch. 15—Public Weighers
Sec. 701 Qualifications

806 702 Bond

806 703 Deputy weighers

806 704 Office and equipment provided by weigher 806 705 Scales: Sheriff to test; sealing; report; pen

alties against sheriff; fees; inspection upon
request

806 706 Duties of weigher

806 707 Books and records open for inspection ----- 807 708 Weighings conclusive; dockage agreement; restrictions on appointment

807 709 Weighing of cattle

807 710 Penalty for violations of section 708–709.. 807 711 Scope of act

807 712 Penalties for violations

807

ec.

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Statutes Annotated, Title 63, Ch. 10—"Uniform Nar. cotic Drug Act"

Page Sec. 410 Marking requirements

811 419 Enforcement

811 420 Penalty for violations

811 Statutes Annotated, Title 68, Ch. 18—"Gasoline Motor

Fuel Excise Tax Act" Sec. 659 Definition of motor fuel

811 659n Transporter permit; measurement certificate; sealing of tanks

811 Statutes Annotated, Title 68, Ch. 18—"Special Fuel

Use Tax Act" Sec. 713 Definition of fuel

812 725

Containers; requirements for transportation 812 Statutes Annotated, Title 81, Ch. 1–Public Ware

houses Sec. 255 Maintenance of scales; weight certificates 812 Statutes Annotated, Title 82, Ch. 1—Measurement of

Water Sec. 31 Cubic foot; acre foot

812 Statutes Annotated, Title 21, Ch. 1–Misdemeanors Sec. 10 Punishment when not otherwise prescribed 813 Statutes Annotated, Title 21, Ch. 61–False Weights

and Measures Sec. 1504 Hay: Failure to mark weight on bales; penalty

813 1505 False increase of weight; penalty-

813 Statutes Annotated, Title 21, Ch. 62—False Weights

and Measures Sec. 1551 Use of false weights and measures; penalty -- 813 1552 Retention for use; penalty

813 1553 Confiscation

813 1554 Testing seized weights and measures; disposition

813 1555 Destruction after conviction of owner 813 1556 Labeling; penalty

813 Statutes Annotated, Title 21, Ch. 61–False Advertis

ing Sec. 1502 Unlawful acts; penalty

813

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Statutes Annotated, Title 83, Ch. 1–Weights and

Measures, State Standards. Sec. 3.1. State standards.

The weights and measures received from the United States under joint resolutions of Congress approved June 14, 1836 and July 27, 1866, now in the care and custody of the State Bureau of Standards, and/or such weights and measures in conformity therewith as shall be supplied to the State shall, when the same shall have been certified by the National Bureau of Standards, be the State standards of weights and measures. Such State Standards shall be submitted at least once in ten

(10) years to the National Bureau of Standards for certification. Such copies of the State Standards of weights and measures and such other weights, measures, and apparatus as may be necessary to carry out the provisions of this Act Secs. 3.1, 81-931 shall be supplied by the State. [1949]

Statutes Annotated, Title 83, Ch. 2–Weights and

Measures, Standards.
Sec. 21. Enforcement of chapter.

The State Board of Agriculture shall be charged with the duties of enforcing the provisions of this chapter. [1910) Sec. 22. Weights per bushel; per ton.

Whenever the articles hereinafter named shall be sold by the bushel, and no agreement as to weights or measures thereof shall be made by the parties, the bushel shall consist of the following number of pounds, viz:1

Pounds per Bushel Apples

48 Barley

48 Beans

60 Beets

60 Buckwheat

52 Carrots

50 60

56

Red top

Pounds

per Bushel Castor beans

46 Corn, in shuck

72 Corn, Kaffir

56 Corn meal

50 Corn, shelled

56 Corn, unshelled

70 Cucumbers

48 Malt

38 Oats

32 Onions

57 Parsnips

44 Peaches

48 Peaches, dried

83 Pears

48 Peas

60 Peas, split Peas, green, unshelled

56 Potatoes, Irish

60 Potatoes, sweet

55 Salt

80 Rape

50 Rve Rutabagas

50 Seed: Bermuda grass

40 Blue grass

14 Broom corn

48 Clover, including alfalfa and alsike (or Swedish) 60 Cotton

20 Flax

56 Hemp

44 Hungarian grass

48 Millet

50 Orchard grass

14 Osage orange

36

14 Sorghum

50 Timothy

45 Tomatoes

45 Turnips, common

42 Wheat

60 Lime

80 Mineral Coal

80 Cubic Inches

per Bushel Coke

2,680 Charcoal

2,680 A ton shall consist of two thousand (2000) pounds of the article or commodity named. 1910]

1 A slight change has been made in the arrangement for consenience of reference. Sec. 23. Hay: Standard ton.

A ton of hay shall consist of two thousand pounds, or, by measurement, three hundred and forty-three cubic feet, after the same shall have been stacked thirty days, or such time as may be agreed upon between the parties. [1910] Sec. 24. Perch of stone or masonry.

A perch of mason work, or stone, is hereby dedared to consist of twenty-five feet cubic measure. [1910] Sec. 251. Mill products: Standard weights.

Mill products hereinafter mentioned shall have the following standard weights: Barrels of flour, in wood, one hundred and ninety-six pounds net; half barrels, in wood, ninety-eight pounds net; one

888243-51-51

fourth barrels, in sacks, forty-eight pounds gross; one-eighth barrels, in sacks, twenty-four pounds gross. Corn meal, in sacks, thirty-five pounds gross; half sacks, seventeen and one-half pounds gross; onefourth sacks, eight and three-fourths pounds gross. And all feed made from cereals of any kind, whether pure, mixed, or adulterated, one hundred pounds per sack gross. (1910) ]

1 For later act, see Secs. 31 and 32, page 798. Sec. 26. Same: Marking requirements.

The correct name and true weight of the contents of each and every barrel, box, sack, bale, cask or package of any of the foregoing products, whether sold in single packages or lots, shall be plainly marked, branded or stenciled in letters and figures prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use, upon the exterior of such barrel, box, sack, bale, cask or package, in a conspicuous place as the head in case of barrel, and the front or branded side in case of sacks, bales or packages, and it shall be unlawful for any person, firm or corporation, or the agent, employee or representative of any firm or corporation to sell or exchange any such product so packed or contained until the provisions hereof shall have been complied with. [1910; last amended 1941.) Sec. 27. Penalty for violations.

If any person shall knowingly violate the provisions of this chapter [Secs. 21–29], he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than twenty-five dollars, nor more than one thousand dollars, and each violation shall be deemed a separate offense, which fine or fines shall be recovered in any court of competent jurisdiction, without bond or advance costs. [1910] Sec. 28. Hindering inspector; penalty.

Any manufacturer, dealer or other person who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent any inspector or other person in the performance of his duty in connection with this chapter (Secs. 21–29] shall be guilty of a misdemeanor and shall, upon conviction, bé fined not less than twenty-five dollars, nor more than one hundred dollars. [1910] Sec. 29. Mill products and cereals: Illegal sale; confiscation.

Any member of the Board of Agriculture shall have the privilege of seizing any mill product and cereal sold in the State in violation and contravention of the provisions of this chapter (Secs. 2129], and may proceed by writ of provisional seizure against the mill products and cereals so sold in the

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