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Compiled Laws Annotated, Vol. 6, Title 99, Ch. 22,

Art. 2—"Oregon Food Act"—Continued. 6. The refusal to permit entry or inspection, 7. The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person from whom he received in good faith the food.

8. The removal or disposal of a detained or embargoed article in violation of section 99-2223. [1941]

terms of weight, measure or numerical count; provided, that under clause (b) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the department.

6. If any word, statement or other information required by or under authority of this act to appear on the label or labeling is not 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. [1941]

Sec. 99–2221. Injunction against violations.

In addition to the remedies hereinafter provided the department or its authorized agents hereby is authorized to apply to the circuit court for, and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of section 99-2220, irrespective of whether or not there exists an adequate remedy at law. [1941] Sec. 99–2223. Disposal of misbranded article.

1. Whenever a duly authorized representative of the department finds, or has probable cause to believe, that any food is

misbranded as to be

fraudulent, within the meaning of this act (Secs. 99–2219_99–2236), he shall proceed in the manner directed by law for the disposal of products seized by the department of agriculture. [1941; last amended 1945.]

Sec. 99–2231. Food in transit; exemption from labeling requirements.

Food which is, in accordance with the practice of the trade to be processed, labeled or repacked at an establishment other than the establishment where it was originally processed or packed, is exempted from the labeling requirements of this act [Secs. 99–2219—99–2236] while it is in transit from the one establishment to the other, if such transit is made in good faith; but such food is otherwise subject to all of the applicable provisions of this act. [1941] Sec. 99–2232. Advertisement: When deemed false.

An advertisement of a food shall be deemed to be false if it is false or misleading in any particular. [1941] Sec. 99–2233. Rules and regulations; conformity with federal regulations.

1. The authority to promulgate regulations for the efficient enforcement of this act (Secs. 99– 2219_99–2236] hereby is vested in the department. The department hereby is authorized to make the regulations promulgated under this act conform, in so far as practicable, with those promulgated under the federal act and shall not be inconsistent with definitions and standards pro mulgated by such authority. (1941]

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Sec. 99–2225. Notice or warning of minor violations.

Nothing in this act (Secs. 99–2219—99–2236] shall be construed as requiring the department to report for the institution of proceedings under this act, minor violations of this act, whenever the department believes that the public interest will be served adequately in the circumstances by a suitable written notice or warning. [1941] Sec. 99–2228. When food deemed misbranded.

A food shall be deemed to be misbranded:

1. If its labeling is false or misleading in any particular.

4. If its container is so made, formed or filled as to be misleading.

5. If in package form, unless it bears a label containing (a) the name and place of business of the manufacturer, packer or distributor; (b) an accurate statement of the quantity of the contents in

Sec. 99–2236. Penalties for violations; jurisdiction of courts.

Any person who violates any of the provisions of this act Secs. 99-2219_99-2236] shall be guilty of a misdemeanor and shall, upon conviction thereof, be subject to imprisonment for not more than six months in the county jail, or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment; but if the violation is committed after a former conviction of such person has become final, such person shall become subject to imprisonment of not more than one year in the county jail, or by a fine of not more

than one thousand dollars ($1,000), or by both such imprisonment and fine. Justice courts and district courts shall have concurrent jurisdiction with the circuit courts of the state of Oregon for the enforcing of the provisions of this act. (1941)

112–401–112–476] and to set up and use on such premises any apparatus and appliances and occupy reasonable space therefor. [1911]

Compiled Laws Annotated, Vol. 8, Title 112, Ch. 4,

Art. 1Public Utilities.

Sec. 112–422. Rules and regulations: Meters and appliances; testing.

The commission (commissioner) shall prescribe reasonable regulations for examination and testing of such product (gas, electricity, water, etc.) or service and for the measurement thereof. It shall establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for the measurements, and every public utility is required to carry into effect all orders issued by the commission (commissioner) relative thereto. [1911] Sec. 112-423. Testing and inspection of appliances; fees.

The commission (commissioner) shall provide for the examination and testing of any and all appliances used for the measuring of any product or service of a public utility, and may provide by rule that no such appliance shall be installed and used for the measuring of any product or service of any public utility until the same has been examined and tested by the commission [commissioner) and found to be accurate.

The commission commissioner shall declare and establish a reasonable fee governing the cost of such examination and test, which shall be paid to the commission [commissioner] by the public utility.

The commission commissioner shall declare and establish reasonable fees for the testing of such appliances on the application of the consumer or user, the fee to be paid by the consumer or user at the time of his request, but to be repaid to the consumer or user by the commission commissioner) and to be paid by the public utility if the appliance be found defective or incorrect to the disadvantage of the consumer or used beyond such reasonable limit as may be prescribed by the commission. All fees collected under the provisions of this section shall be paid by the commission commissioner into the state treasury.

The commission commissioner may purchase such materials, apparatus and standard measuring instruments for such examination and tests as it may deem necessary. [1911] Sec. 112-424. Right of entry for inspection.

The commission commissioner), its agents, experts, examiners or inspectors shall have power to enter upon any premises occupied by any public utility for the purpose of making any inspection, examination or test provided in this act (Secs.

Compiled Laws Annotated, Vol. 8, Title 113, Ch. 4

Railroad Track Scales. Sec. 113-409. Under jurisdiction of public utilities commis

sioner; testing; sealing; use of in adjoining states; fees.

All track scales used by railroads within this state for the purpose of weighing cars or freight offered for shipment in carload lots shall be under the jurisdiction of the public utilities commissioner of Oregon, and subject to his inspection. It shall be the duty of said commissioner from time to time to test and inspect all such scales, and to cause such scales to be put in an accurate condition. Said commissioner shall approve a suitable sealing device, and cause all track scales inspected under the provisions hereof to be officially sealed with such device, when such scales are found or made to be accurate. Such car, apparatus or facilities used for tests and inspections may be used in adjoining states to test track scales and for that purpose may be taken beyond the limits of the state under rules and regulations for the due care and return thereof as the commissioner may prescribe. The commissioner hereby is authorized to ascertain, declare and collect the reasonable cost and expenses of making inspections and tests of track scales, other than those operated by railroads as defined by section 113-102 and subject to his jurisdiction, and such corporations or persons operating such scale other than said railroads shall pay the cost and expense of any inspection to the commissioner upon demand, which sum shall be paid by the commissioner into the state treasury and shall be placed by the state treasurer to the credit of the "public utility commissioner fund." When, in the judgment of the commissioner, action is deemed necessary to collect any unpaid costs and expenses upon the neglect or refusal, after demand, of any person, firm, association or corporation to pay such costs and expenses, the commissioner shall bring such action or take such proceedings as may be necessary in the name of the state of Oregon in any court of competent jurisdiction and be entitled to recover all such costs and expenses and the costs and disbursements incurred therein. The necessary salaries, costs and expenses of whatsoever nature incurred by the commissioner in the administration of this act shall be paid by the state treasurer from the "public utilities commissioner fund” upon the presentation of claims therefor approved by the commissioner. All unexpended balances remaining in the state treasury placed to the credit of the "track scales inspection fund” hereby are transferred to and made a part of the "public utilities commissioner fund." [1911; last amended 1913.)

Compiled Laws Annotated, Vol. 8, Title 113, Ch. 4

Railroad Track Scales—Continued. Sec. 113-410. Tampering with; penalty.

Any person who shall break or tamper with or cause to be changed, broken or tampered with, the sealing device or sealing thereof after the same has been installed or inspected by any commissioner (the commissioner] or inspector of the railroad commission (public utilities commissioner of Oregon shall be deemed guilty of a misdemeanor. [1911] Sec. 113-411. Equipment for testing; free transportation; inspectors.

The railroad commission (public utilities commissioner of Oregon is hereby authorized and directed to procure by purchase, sease or otherwise, necessary apparatus to make the tests and inspections herein provided, and to employ the necessary experts and inspectors therefor and to fix their compensation. All such apparatus shall be transported free by every railroad in this state, when necessary for the purpose of making the tests and inspections herein provided. [1911] Compiled Laws Annotated, Vol. 3, Title 23, Ch. 14—

Misdemeanors. Sec. 23–1401. Punishment where penalty is not prescribed.

Whenever, by any law in this state, an act is declared to be a misdemeanor, and no punishment is prescribed therefor, the person committing the same, upon conviction thereof, shall be punished by imprisonment in the county jail not more than one year, or by fine not more than $500, or by both such fine and imprisonment. [1864; last amended 1941.)

Compiled Laws Annotated, Vol. 3, Title 23, Ch. 13—

False Advertising.
Sec. 23–1303. Unlawful acts.
It shall be unlawful for any person, firm,

corpo ration or association, with intent to sell or dispose of any real estate, merchandise, foods, drugs, medicinal preparations or other patent nostrums, securities, service or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, to make, puh. lish, disseminate, circulate, or place before the public, or cause directly or indirectly, to be made, published, disseminated, circulated, or placed before the public within the state of Oregon, in a newspaper or other publication, or in the form of a book, notice, hand bill, sign, poster, bill, circular, pamphlet, tag, label, letter or contrivance or in any other way or manner whatsoever, an advertisement of any sort regarding merchandise, securities, service, or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading. [1909; last amended 1917.] Sec. 23–1304. Penalty for violations.

Any person, firm, corporation or association violating any of the provisions hereof shall upon conviction thereof be punished by a fine of not more than one hundred dollars ($100), or by imprisonment in the county jail not exceeding thirty (30) days. [1917]

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Constitution, Art. III—Inspection of Merchandise

Page Sec. 27 State inspection of merchandise prohibited 843

Purdon's Statutes Annotated, Title 71, Ch. 1–Depart

ment of Internal Affairs, Abolishment of Bureau of Standards

Sec. 2

Bureau of standards abolished

Purdon's Statutes Annotated, Title 71, Ch. 2—Depart

ment of Internal Affairs, Weights and Measures Sec. 331 Powers and duties retained

843 336 Powers and duties as to weights and measures

843

Purdon's Statutes Annotated, Title 76, Ch. 1–Weights

and Measures, Standards Sec. 1 Linear measures

844 2 Liquid and dry measure

844 3 Pound

844 4 Yard; procurement

844 Gallon and bushel; procurement

844 6 Pound; procurement

844 7 Preservation of standards

844 8

Testing; conformance to national stand-
ards

844 9

Duplicates to be deliver to counties. 844 10 County standards to be examined, corrected or renewed

845 Testing of positive standards.

845 12 Authorization of preparation

845 13 Secretary of commonwealth to procure

cases; terms for furnishing county com-
missioners

845
41
Linear measures: Denominations

845 42 Superficial measure: Denominations 845 43 Liquid measure: Denominations

845 Dry measure: Denominations; dimensions 845 45 Troy weight: Denominations -

845 46 Avoirdupois weight: Denominations 846 71 State standards: Preservation

846 Same: Copies to be furnished county commissioners

846 Same: Copies to be stamped

846 74 Same: County commissioners to test copies 846

11

Pago Sec. 114 Penalties for violations of act

849 115 Proceedings for enforcement of penalties; limitations

849 Purdon's Statutes Annotated, Title 76, Ch. 5–Weights

and Measures, County and City Inspectors Sec. 201 Appointment; duties

849 202

Equipment; testing; certificate of accuracy 850 203 Reports

850 204 Duties and powers

850 206 New scales, weights or measures; testing; adjustment

850 207 Refusal to allow inspection; penalty 850 208 Alteration or substitution of inspected scales; penalty

850 209 Violations of act; giving false weight or

measure; use of condemned devices; ob-
struction of inspectors; offenses by in-
spectors; penalties

851 Purdon's Statutes Annotated, Title 76, Ch. 6—Weights

and Measures; Sale of Commodities, General Pro.

visions Sec. 241 Definitions

851 242 Manner of sale

851 242.1 Weighing, etc., in view of purchaser; in

spection of weighing devices, etc. 852 242.2 Sales in bulk

852 243 Approved measures to be used

852 244 Capacity of measures to be marked; containers for milk, etc.

852 245 Fraud in sales

852 246 Weights of a bushel

852 247 Marking quantities on packages; vari

ations; tolerances and exemptions. 853 247.1 Rules and regulations

853 248 Penalties for violations

853 249 Enforcement of act

853 Purdon's Statutes Annotated, Title 76, Ch. 6—Weights

and Measures; Sale of Commodities, Specific Articles
Sec. 271 Black blasting powder: Label; weight of
keg

854 272 Same: Offense; penalty

854 273 Same: Use of another's keg; offense_ 854 274 Same: Penalty for wrongful use of kegs - 854 342 Solid fuels; definitions

854 343 Same: Sales by weight

854 344 Same: Weighmaster's certificates; use; forms; contents; exceptions

854 345 Same: Substitution of purchaser

855 346 Same: Official may direct weighing if in process of delivery

855 347 Same: License of weighers

855 348 Same: False or incorrect certificates; forms;

delivery of fuel without certificate;
neglect or refusal to deliver; prima facie
evidence

856
349 Same: Penalties for violations of act; hear-
ings in cities of first class

857 349.1 Same: Arrest without warrant

857 349.2 Same: Rules and regulations

857 349.3 Same: Municipalities may require weighing; fees

857 350 Same: Separability clause

857 352 Same: Certificate of origin; sales by employer producer to employees,

857 361 Hay and straw: Baling; label

857 362 Same: Weight of baling material

857 363 Same: Offense; penalty

858

Purdon's Statutes Annotated, Title 76, Ch. 2–Weights

and Measures, Approval, Sale, Use, Etc. Sec. 101 Definitions

846 102 Approval of types

847 103 Submission of types for approval

847 104 Certificate of approval; appeal of disapproval

847 105 Manufacture, sale or use of approved types unlawful; exceptions -

847 106

Seller's or manufacturer's guaranty; seal
by local sealer; liability of guarantor;

effect of actual notice of non-approval.- 847 107 Registration; serial numbers; descriptions_ 848 108 Marking of approved weights and meaures 848 109 Marking unapproved types; penalty 848 110 Approval and serialization of parts_. 848 111 Marking "not legal for trade".

848 112 Enforcement; rules and regulations 848 113 Sealing of approved types

849

Page Purdon's Statutes Annotated, Title 76, Ch. 6 Weights

and Measures; Sale of Commodities, Specific Articles

- Continued. Sec. 364 Same: Including matter to increase weight; penalty

858 383 Babcock' test: Inspection and marking equipment

858 384 Same: Standard glassware

858 385 Same: Penalties for violations

859 386 Same: Enforcement

859 387 Same: Effective date of act

859 433 Bark: Weight of cord and ton

859 441 Fruits and vegetables: "Original unbroken standard container" defined

859 442 Same: Marking requirements; sale by weight, when; false weight

860 443 Same: Variations

860 444 Same: Enforcement

860 445 Penalties for violations

860 448.1 Flour, meals, hominy and grits: Definitions 860 448.2 Same: Standard weight containers; exceptions

860 448.3 Same: Enforcement

860 448.4 Same: Rules and regulations

861 448.5 Same: Penalties for violations

861 451 Non-compliance with regulator's reguisi

tions; sales by false beams, scales, etc.;
penalty

861

Sec. 7334 Grain: Record of weighing; weight certi

ficate 7335 Removal of deputy by justices 7336 Removal of deputies by measurer; offense;

penalty
7337 Removal of deputies upon complaint
7338 Fees for measuring corn and salt
7339 Taking illegal fees; penalty
7340 Fees for measuring grain
7351 Lime: Standard bushel
7352 Same: Marking
7353 Same: Offenses; penalty
7371 Marble: Appointment of measurer; com-

pensation
7381 Wood: Standard cord
7382 Same: Size and arrangement of cord

7383 Same: Offenses; penalty Purdon's Statutes Annotated, Title 53, Ch. 60—Cities of

the Second Class Sec. 9632 Powers

9665 Same: Weights and measures Purdon's Statutes Annotated, Title 53, Ch. 99A-Cities

of the Third Class Sec. 12198_2403 Powers: Weights and measures; gas, water,

and electric meters

Purdon's Statutes Annotated, Title 76, Ch. 6—Weights

and Measures, Placing Devices in View of Purchasers Sec. 471 Definitions

472 Method of placing
473 Enforcement
474 Rules and regulations
475 Penalties for violations

Purdon's Statutes Annotated, Title 3, Ch. 2—Farm Prod

ucts, Standards for Containers Sec. 21

Establishment of standards 22 Offenses; variations; rules and regulations 31 Prosecution by weights and measures offi

cials 32

Definitions

861 861 861 861 861

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Laws of 1949, Pamphlet Laws No. 330—Weights and

Measures, Light Fuel Oils
Sec. 1
Definitions

861
2
Meter required

862 3 Small deliveries

862 4 Exceptions

862 5

Enforcement of act; rules and regulations 862 6 Penalties

862 7 Effective date

862

Purdon's Statutes Annotated, Title 3, Ch. 3—Commer

cial Fertilizer Sec. 61 Marking requirements 65

Enforcement 67

Definition

Purdon's Statutes Annotated, Title 53, Ch. 31–Cities

of the First Class Sec. 4191 Water meters: Required installation

862

Purdon's Statutes Annotated, Title 3, Ch. 3—Unmanu

factured Horse Manure Sec. 84

Definition 87

Unlawful to increase weight
89

Penalties for violations
90 Enforcement; right of entry

Purdon's Statutes Annotated, Title 53, Ch. 33—Special

Provisions for Philadelphia Sec. 7306 Coal: Alteration of delivery vehicle; penalty; exception

Purdon's Statutes Annotated, Title 3, Ch. 3— Insecti

cides and Fungicides
Sec. 101 Unlawful to sell misbranded article

103 Enforcement
105 Definitions
108 When deemed misbranded
109 Confiscation
110 Penalties for violations

Purdon's Statutes Annotated, Title 3, Ch. 3—Liming

862 7307 Same: Stamping vehicle; penalty

863 7308 Same: Use of unstamped vehicles; penalty 863 7309 Same: Delivery tickets; offense; penalty 7310 Same: Vehicle to be weighed loaded and unloaded

863 7311 Same: Recovery of penalties

863 7312 Same: Inspectors have power to arrest 863 7314 Same: Weight per bushel measure

863 7315 Same: Penalty for short weight

863 7331 Corn and salt: Appointment of measurer - 863 7332 Same: Duties of measurer; appointment of deputies

864 7333 Same: Limitation on application of law -- 864

Materials
Sec. 121 Marking requirements

122 Definition
123

Labeling packages; bulk sales
126 Penalties for violations; enforcement of ad

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