1. Unmixed whole seeds or grains, as defined by United States grain standards;

2. The unmixed meals made directly from and consisting of the entire grains of corn, wheat, rye, barley, oats, buckwheat, flaxseed, kaffir, milo, and other grain sorghums;

3. Unground hays, straws, cottonseed hulls, stover and silage, when unmixed with other materials. [1987]

Sec. 50-1002. Marking requirements.

(a) All manufacturers, importers, jobbers, firms, associations, corporations, or persons shall, before selling, offering, exposing for sale, or distributing any brand of commercial feed, have printed on or attached to each bag, package, or carton, in a conspicuous place on the outside, or deliver with each bulk lot, a plainly printed statement, hereafter referred to as the label, containing in clear, legible print in the English language:

1. The net weight of the contents of the package, bag, carton or bulk lot. [1937]

Sec. 50-1012. Offenses; penalties.

(a) Any manufacturer, importer, jobber, firm, association, corporation or person who:

3. Impedes, obstructs, hinders or otherwise prevents or attempts to obstruct or prevent the state chemist or his authorized agent in the performance of his duty,

7. Sells any commercial feed which carries upon or attached to the package any false or misleading statements regarding the contents, feeding value, or net weight thereof, or,

8. Violates any other provision of this act [Secs. 50-1001-50-1015], shall be guilty of a misdemeanor and upon conviction fined not more than one hundred dollars for the first violation and not less than fifty nor more than three hundred dollars for each subsequent violation. [1937]

Sec. 50-1013. Enforcement officer.

(a) The state chemist shall enforce the provisions of this act [Secs. 50-1001-50-1015], and shall have power to prescribe and enforce administrative rules and regulations not in conflict with the provisions hereof.

(b) The head of the department of agricultural chemistry and soils, of the Arizona agricultural experiment station, is hereby designated state chemist for the enforcement of this act. [1937] Code Annotated 1939, Vol. 5, Ch. 68, Art. 4-Food. Sec. 68-401. Definitions.

The term "food" as used herein shall include all articles, whether simple, mixed or compound, used

888243-51-6

for food, drink, confectionery, or condiment, by man or animal;

The term "misbranded" shall apply to all articles of food, or which enter into the composition of food, the package or label of which bears any false statement, design, or device, regarding such article, or regarding the ingredients, or substances contained therein, which shall be false or misleading in any particular, and to any food product falsely branded as to the place in which it was manufactured, or produced;

The term "package" shall include any container, of whatsoever material or nature, used for enclosing any article of food. [1912; last amended 1928.]

Sec. 68-403. When deemed misbranded.

Food or liquid [liquor]1 is mislabeled or misbranded.

If it be labeled or branded or colored so as to deceive or mislead, or tend to deceive or mislead the purchaser; or

If it be falsely labeled in any respect; or

If, when in package, and the contents are stated in terms of weight and measure, such weight and measure are not plainly and correctly stated on the outside of the package; or

If, having no label, it is an imitation or adulteration, or is sold or offered for sale under a name, designation, description, or misrepresentation, which is false or misleading in any particular; [1912; last amended 1928.]

1 The bracketed word "liquor" was inserted in the 1939 Code by its compilers. It was a part of the original act, the word "liquid" being substituted for the word "liquor" in the Revised Statutes of 1928.

Sec. 68-404. Prima facie evidence of violation.

The possession of any adulterated, mislabeled, or misbranded article of food by any manufacturer, producer, jobber, packer, or dealer in food, or agent, or servant of any such person, shall be prima facie evidence of the violation of the provisions of this article [Secs. 68-401-68-425]. [1912; last amended 1928.]

Sec. 68-406. Examination of misbranded food.

The superintendent [of public health] shall cause the director [of the state laboratory] to make examinations and analyses of food on sale in Arizona, suspected of being adulterated, mislabeled, or misbranded. [1912; last amended 1928.]

Sec. 68-410. Penalties; seizure.

Any person violating any provision of this article [Secs. 68-401-68-425] shall be guilty of a mis

Code Annotated 1939, Vol. 5, Ch. 68, Art. 4-Food -Continued.

demeanor, and punished by a fine of not less than five nor more than five hundred dollars, or imprisoned not exceeding six months, or by both such fine and imprisonment. Food found to be adulterated, mislabeled, or misbranded, may, by order of any court, be seized and destroyed. [1912; last amended 1928.]

Sec. 68-412. Guaranty protection.

No dealer shall be prosecuted when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party, residing in the United States, from whom he purchased such articles to the effect that the food or liquid1 is not adulterated, mislabeled, or misbranded, and the dealer at the time of making such sale was not aware that the article was mislabeled. Said guaranty, to afford protection must contain the name and address of the party making the sales to said dealer, and an itemized statement showing the article purchased; or a general guaranty may be filed with the secretary of the United States department of agriculture by the manufacturer, wholesaler, jobber, or other party in the United States and be given a serial number, which number shall appear on each and every package of goods sold under such guaranty with words showing such guarantee under the Food and Drugs Act of the Congress of the United States. If the guarantor resides within this state, and it appears from the certificate of the director of the state laboratory that such articles were adulterated, mislabeled or misbranded, within the meaning of the National Pure Food Act, the county attorney shall forthwith notify the attorney-general of the United States of such violation. [1912; last amended 1928.]

1 Compare footnote to Sec. 68-403, page 77. Sec. 68-415.1 Bread: Standard weights; tolerances.

A loaf of bread sold, offered or exposed for sale, as fresh bread, shall be of the following standard weights: One pound; one and one-half pounds; or multiples of one pound; determined by the average of not less than twenty loaves of one unit, of one kind of bread, weighed with or without wrappers, not less than twelve hours after baking. When twin or multiple loaves are wrapped at the place where baked, or sold to the consumer wrapped and undivided, the loaf must conform to the said weight requirements, and if unwrapped or divided prior to sale, each unit must conform to the weight requirements. A tolerance, in excess of the standard weight, is allowed of one ounce on one pound loaves; one and one-half ounces on one and onehalf pound loaves; two ounces on loaves weighing two pounds or more. No tolerance below the standard weight is allowed. [1925; last amended 1928.]

1 See also Sec. 76-114, page 70; marking requirements for bread.

Sec. 68-416. Same: Scales and weights; enforcement officers. Every manufacturer or seller of bread shall keep scales and weights, suitable for weighing bread, in a conspicuous place in the bakery or store, and shall, when requested by the buyer and in the buyer's presence, weigh any loaf of bread sold or offered for sale. The state and city inspectors of weights and measures shall enforce the provisions hereof, [1925; last amended 1928.]

Sec. 68-417. Same; Exceptions.

The preceding ** sections [Secs. 68-415 and 68-416] shall not apply to fancy breads, nor to bread baked by special order of the consumer; nor to stale bread sold as such, the seller shall at the time of sale expressly state to the buyer that it is stale bread, and not offered or sold as stale bread until twelve hours or more after baking. Any person violating any provision of this or the preceding sections shall be guilty of a misdemeanor. [1925; last amended 1928.]

Code Annotated 1939, Vol. 5, Ch. 68, Art. 9, Secs. 68-901 to 68-911-Eggs.

[ED. NOTE.-These sections comprise requirements for the grading of eggs including minimum weights for the different size grades, and are not given in detail because the requirements relate primarily to quality.]

Code Annotated 1939, Vol. 5, Ch. 68, Art. 8—"The Arizona Uniform Narcotics Act of 1935."

Sec. 68-820. Marking requirements.

Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells or dispenses a narcotic drug in a package prepared by him, he shall securely affix to such package a label showing in legible Englsh the name and address of the vendor and the quantity, kind, and form of narcotic drug contained therein. [1935]

Sec. 68-833. Enforcement.

It is hereby made the duty of the board of health, its officers, agents, inspectors, and representatives, and of all peace officers, and of all county attorneys, to enforce all provisions of this act [Secs. 68-80168-838], [1935]

Sec. 68-834. Penalties.

Any person violating any provision of this act [Secs. 68-801-68-838] shall upon conviction be punished for the first offense by a fine of not less than five hundred nor more than one thousand dollars, or by imprisonment in the county jail for not less than six months nor more than one year, or by both such fine and imprisonment; and for any subsequent offense, such person shall upon conviction be punished by a fine of not less than one thousand nor more than five thousand dollars, or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment. [1935]

Code Annotated 1939, Vol. 5, Ch. 69, Art. 2-Public Service Corporations.

Sec. 69–231. Weighing of cars and freight; testing of railroad scales.

The commission [corporation commission] may enforce reasonable regulations for the weighing of cars and freight offered for shipment over any line of railroad, and test the weights made by any railroad and scales used in weighing freight or cars. [1912; last amended 1928.]

Sec. 69-232. Electrical, gas, and water corporations: Standards of service; test of appliances.

The commission [corporation commission] may ascertain and fix just and reasonable standards, classification, regulations, practices, measurements, or service to be furnished and followed by all electrical, gas and water corporations; * * * establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for measurements; and provide for the examination and testing of any and all appliances used for the measurement of any product, commodity or service of any such corporation. ** Any consumer or user of any product, commodity or service of a public service corporation may have any appliance used in the measurement thereof tested upon paying the fees fixed by the commission, the fee to be paid by the consumer or user at the time of his request, but to be paid by the corporation and repaid to the consumer or user if the appliance is found defective or incorrect to the disadvantage of the consumer or user. [1912; last amended 1928.]

Code Annotated 1939, Vol. 5, Ch. 72, Art. 1-Spirituous Liquors.

Sec. 72-113. Unlawful acts.

(b) It shall be unlawful:

2. For any off-sale retailer *** to sell spiritous liquor in any container having a capacity of less than eight (8) ounces. [1935; last amended 1939.]

[ED. NOTE.-The Superintendent of Liquor Licenses and Control administers and enforces the provisions of this article, Secs. 72-101-72-117.]

Code Annotated 1939, Vol. 3, Ch. 43, Art. 1-Misdemeanors.

Sec. 43-110. Punishment when not prescribed.

Except when a different punishment is prescribed by this Code [Penal Code, Secs. 43-101-43-6116],

every offense declared to be a misdemeanor is punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding three hundred dollars, or by both. When an act or omission is declared by a statute to be a public offense, and no penalty for the offense is prescribed

in any statute, the act or omission is punishable as a misdemeanor. [1901]

Code Annotated 1939, Vol. 3, Ch. 43, Art. 26—Frauds. 43-2606. Smelter frauds.

Any person or the agent of any person, engaged in the milling, smelting, sampling, concentrating, reducing, shipping or purchasing of ores in this state, who shall in any manner, knowingly alter or change the true value of any ores delivered to him, so as to deprive the seller of the correct value of the same, or who shall substitute other ores for those delivered, or who shall issue any bill of sale or certificate of purchase that does not exactly and truthfully state the actual weight, assay value and total amount paid for any lot of ore purchased; or who by any secret understanding, or agreement with another, shall issue a bill of sale or a certificate of purchase that does not correctly and truthfully set forth the weight, assay value and total amount paid for the ore purchased by him, shall be guilty of a misdemeanor, and fined not exceeding one thoussand [$1,000], nor less than one hundred dollars [$100], or imprisoned in the county jail not more than one [1] year or both. [1901]

Sec. 43-2620. False advertising; penalty.

Any person who shall, knowingly and with the intent to sell to the public any property, real or personal, or any services, or to induce the public to acquire an interest therein, make and publish any advertisement, either printed or by public outcry or proclamation, or otherwise, containing any false, fraudulent, deceptive or misleading representations in respect to such property or services, or the manner of sale or distribution thereof; * is guilty

of a misdemeanor, and shall be punished for the first offense by a fine of not less than twenty-five dollars [$25.00] nor more than two hundred and fifty dollars [$250], or imprisonment in the county jail for not less than thirty [30] nor more than ninety [90] days; for second offense, by a fine not less than fifty [$50.00] nor more than five hundred dollars [$500] or imprisonment in the county jail for not less than sixty [60] days nor more than six [6] months; for the third offense, by a fine of not less than one hundred dollars [$100] nor more than one thousand dollars [$1,000], or imprisonment in the county jail for not less than ninety [90] days nor more than one [1] year. [1919]

Sec. 43-2621. Penalty for falsifying package weights.

Every person who in putting up in any bag, bale, barrel, or other package, any hops, cotton, wool, grain, hay or other goods usually sold in same by weight, puts in or conceals therein anything whatever, for the purpose of increasing the weight, with intent thereby to sell the goods therein, or to enable another to sell the same, for an increased weight, is punishable by a fine of not less than twenty-five dollars. [1887]