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the contract or has been established by actual measurement or use. [1907] Code of 1939, Vol. 1, Title 13. Ch. 13.06—Misdemean.

ors.

Code of 1939, Vol. 3, Title 60, Ch. 60.03—Public Grain

Warehouses—Continued. ing the business hours be subject to the examination and inspection of such Commissioners, their agents, employees, and scale inspectors; and the Commission may, in all matters arising under provisions of this chapter, exercise the power to subpoena and examine witnesses, conferred upon the Commission by law in relation to railroad companies. [1890; last amended 1921.] Code of 1939, Vol. 3, Title 60, Ch. 60.99 — Public

Grain Warehouses, Penal Provisions.
Sec. 60.9908. Penalty for violation of Sec. 60.0320.

Any person violating any of the provisions of section 60.0320, shall be guilty of a misdemeanor and punished by a fine of not less than fifty dollars nor more than one hundred dollars for each offense. (1909) Sec. 60.9909. Penalty for violation of Sec. 60.0321.

Any person who violates any of the provisions of section 60.0321 shall be punished by a fine not exceeding one hundred dollars or by imprisonment in the county jail not exceeding thirty days for each offense. (1890; last amended 1921.] Code of 1939, Vol. 3, Title 61, Ch. 61.01–Units of

Measurement of Water.
Sec. 61.0138. Cubic foot; acre foot; miner's inch.

The standard of measurement of the flow of water shall be the cubic foot per second of time; and the standard of measurement of the volume of water shall be the acre foot, being the amount of water upon an acre covered one foot deep, equivalent to forty-three thousand, five hundred sixty cubic feet. The miner's inch shall be regarded as one-fiftieth of a cubic foot per second in all cases, except when some other equivalent of the cubic foot per second has been specially stated by

Sec. 13.0607. Punishment for misdemeanor when not otherwise prescribed.

Except in cases where a different punishment is prescribed by this Code or by some existing provision of law, every offense declared to be a misdemeanor is punishable by imprisonment in a county jail not exceeding one year or by a fine not exceeding five hundred dollars, or by both such fine and imprisonment. [1899] Code of 1939, Vol. 1, Title 13, Ch. 13.42-False Ad

vertising Sec. 13.4201. Unlawful acts; penalty.

If any person, or his employee, in a newspaper, circular, form letter, or other publication published, distributed, or circulated in this state, or by any billboard, sign, card, label, or other advertising medium displayed at any place in this state knowingly makes or disseminates or causes to be made or disseminated any statement or assertion of fact concerning the quantity, the quality, the method of production or manufacture, the cost of production, the cost to the advertiser, the present or former price, or the reason for the price of the merchandise of such person, or concerning the manner or source of purchase of such merchandise, or the possession of rewards, prizes, or distinctions conferred on account of such merchandise, which statement or assertion has the appearance of an offer advantageous to the purchaser and is untrue or calculated to mislead, the person causing such statement or assertion to be made or disseminated, also the employee making or disseminating such statement or assertion, shall be guilty of a misde meanor, and upon conviction thereof shall be punished by a fine of not less than ten nor more than one hundred dollars. [1913]

Williams Code Annotated 1934, Vol. 1, Title III, Ch. 3, Art. XI–Weights and Measures, Sealers

Page Sec. 585 State standards

_950 586 State superintendent: Duties; custody of standards

950 587 Assistant sealers; powers

951 588 Working standards: Procurement

951 589 Same: Sealed apparatus as evidence

951 590

Bi-annual inspection in counties and cities;
report of superintendent

951 591 State sealer: Custody of standards; receipt from successor

951 592 Same: Certification of standards; state seal 951 593 Same: Testing and calibration at request of individuals; fees

--- 951 594 Same: Testing and sealing at request of state superintendent

951 595 Same: Rules and regulations

951 596 Same: Appointment of deputy

951 597 Same: Report to governor

952 598 Same: Testing for state institutions 952 599 County sealer: Deputies; appointment.. 952 600 Same: Power of inspection

952 601 Same: Packaged commodities

952 602 Same: Testing; right of entry

952 603 Same: Duty to prosecute

952 604 Same: Sealing

952 605 Same: Right to destroy or condemn for repairs faulty apparatus

952 606 Same: Duty of owner to repair

952 607 Same: Records and reports

952 608 Same: Office and equipment

953 609 Same: Verification of county standards.. 953 610 Same: For combined counties

953 611 City sealer: Appointment and equipment 953 612 Same: Verification of city standards. 953 613 Same: Duties and powers

953 614 Same: When county sealer acts.

953 615 Combination of county and city sealer_ 953 616 Same: Powers and duties

953 617 Sealing before testing; penalty

953 618 Weights and measures officials: Special powers

--- 953 619 Same: Interference with or failure to pro

duce apparatus for inspection; penalty-- 953 621 Tolerances

954 Williams Code Annotated 1934, Vol. 4, Title XIV,

Ch. 24–Weights and Measures, Sale of Commodities Sec. 6649 Standard weight of commodities per bushel; per barrel

954 6650 Same: Offenses

955 6651 Unlawful to sell by dry measure; exceptions

955 6652 Same: Enforcement

955 6653 Standard half bushel measure: Use in measuring wheat

955 6654 Same: Straight leveling sticks to be used. 955 6655 Same: Penalty for violations

955 6656 Annual testing and sealing of apparatus required

955 6657 Same: Penalty for violating preceding section

955 6658 Same

955 6659 Same: Treble damages and costs

955 6660 Surveyor's chains to conform to standard 955 6661 Metric system authorized

955 6662 Tables of metric weights and measures authorized

955 6663 Standards of metric system furnished by United States

957

Page Sec. 6663.4a Flour, corn meal, hominy and hominy

grits: Standard weight containers; excep-
tions

957 6663.4b Same: Penalty for violations

957 6663.5 Coal: Weigh tickets

957 6663.6 Same: Delivery of weight tickets to purchaser

957 6663.7 Same: Inspection of weight tickets.. 957 6663.8 Same: Penalty for violations

957 6663.9 Farm commodities: Weighers to give and declare just weights; penalty

957 Williams Code Annotated 1934, Vol. 3, Title IX, Ch.

1, Art. IV-Corporate Towns Sec. 3335 May require sales by weight ----

957 Williams Code Annotated 1934, Vol. 3, Title IX, Ch.

2, Art. III—Corporate Cities Sec. 3528 Powers relating to weights and measures.-- 957 Williams Code Annotated 1934, Vol. 1, Title III, Ch.

3, Art. V-Commercial Feeding Stuffs Sec. 499.1 Definition

957 499.2 Marking requirements; standard weight packages

957 499.9 Seizure

958 499.10 Violations; penalty

958 Williams Code Annotated 1934, Vol. 1, Title III, Ch.

3, Art. VICommercial Fertilizer Sec. 501 Marking requirements

958 514 Rules and regulations

958 518 Penalty for violations

958 Williams Code Annotated 1934, Vol. 1, Title III, Ch.

3, Art. VIII–Milk and Cream Sec. 526 Babcock test defined

958 528 Standard glassware and apparatus: Approval required

958 529 Unlawful manipulation of Babcock test- 958 530 Unlawful manipulation of weights

959 531 Fees for testing apparatus.-

959 532 State dairy commissioner: Appointment.-- 959 536 Same: Enforcement

959 537 Same: Sealing or destroying glassware 959 538 Same: Inspection of apparatus

959 542 Same: Tests to settle disputes; prima facie evidence

959 544 Penalties for violations

959

Williams Code Annotated 1934, Vol. 1, Title III, Ch.

3, Art. VIII—"Dairy Law of State of Tennessee" Sec. 547.1 Enforcement; rules and regulations

547.5 Marking requirements
547.13 Penalties for violations

959 959 960

Williams Code Annotated 1934, Vol. 4, Title XII, Ch.

23, Art. 1-Public Utilities Sec. 5450 Rules and regulations; meters; testing; fees 960

Williams Code Annotated 1934, Vol. 4, Title XII, Ch.

25, Art. VI–Mine Scales Sec. 5639 Check weighman: Duties; offenses against; penalty

960 5640 Testing scales in case of dispute; fee_ 960 5641 False weighing: penalty

960 5642 Compensation of check weighman

960 5643 Penalty for violating preceding section ---- 961

Williams Code Annotated 1934, Vol. 4, Title XIV, Ch. 7–Barrels and Casks, Butter, Lard, Flour, and Meal

Page Sec. 6460 Restrictions

961 6461 Butter or lard casks: Construction for exportation

961 6462 Barrels: Gallon measure

961 6463 Flour casks: Dimensions for exportation.-- 961 Williams Code Annotated 1934, Vol. 4, Title XIV, Ch.

8—Flour, Meal, and Stock Food Sec. 6464 Flour barrel: Standard

961 6467 Same: Offenses; penalty

961 6469 Same: Marking requirements

961 6473 Stock food: Marking requirements

961 6475 Same: Penalty for violating Sec. 6473_ 961 Williams Code Annotated 1934, Vol. 4, Title XIV, Ch.

9, Art. 1-Tobacco Warehouses Sec. 6482 Scales to be provided; testing

961 6486 Duties of proprietor

961 6488 Responsibility of keeper

962 6496 Fraudulent packing

962 6497 Description of container to be posted ---- 962 Williams Code Annotated 1934, Vol. 4, Title XIV, Ch.

9, Art. II—Syrups and Liquors, Gauging Sec. 6506 Gauger

962 6507 Use of standard instrument; marking requirements

962 Williams Code Annotated 1934, Vol. 4, Title XIV, Ch.

10—Public Mills Sec. 6509 Definition

962 6526 Measures and toll dishes...

962 6527 Forfeiture for keeping false toll measures 962 Williams Code Annotated 1934, Vol. 4, Title XIV, Ch.

12—Salt and Sugar Sec. 6538 False weight; forfeiture

962 Williams Code Annotated 1934, Vol. 4, Title XIV, Ch.

17A-Tomatoes Sec. 6579.3 Marking of closed packages

962 6579.4 When deemed misbranded

962 6579.9 Enforcement

962 6579.11 Penalties for violations

962

Page Sec. 6580.6 Embargo

964 6580.11 Food: When deemed misbranded 6580.13 Same: Exemptions from labeling requirement

964 6580.16 Drugs: When deemed misbranded; exemptions

964 6580.19 Cosmetics: When deemed misbranded 964 6580.21 Regulations

965 Public Acts 1949, Ch. 86–Weighers Sec. 1 Licensed weighman required at certain establishments; duties

965 2 License; oath

965 3

Exact weights to be declared; weight cer-
tificates

965
5
Penalties for violations

965 6 Enforcement; rules and regulations

965 Williams Code Annotated 1934, Vol. 4, Title XIV, Ch.

25—Cotton and Tobacco Weighers Sec. 6664 Election; duties 6665 Equipment; oath; bond; term

965 6666 Duty to declare exact weights_

965 6667 Penalty for violations

965 6668 Compensation

966 6669 Scalage prohibited: penalty

966 Williams Code Annotated 1934, Vol. 4, Title XIV, Ch.

41—Insecticides and Fungicides Sec. 6793 Marking requirements

6794 Definitions
6807 Rules and regulations

966 6808 Penalties for violations

965

966

Williams Code Annotated 1934, Vol. 7, Title I, Ch.

7, Art. II—False Weights and Measures Sec. 11133 Possession or use a misdemeanor

966 11134 Seizure 11135 Sale or use of false or unsealed apparatus; unlawful disposal; penalty

966 11136 Selling less than quantity represented; penalty; tolerances

967 11137 False representation of quantity

967 11138 Penalty for violating preceding section 967 11141 Altering and counterfeiting brands_ 967 11144 Fraudulent packing; penalty

967 11147 Fraudulent packing of tobacco and cotton; penalty

967 11148 Same: Sale of by person from adjoining state; penalty

967 11149 Same: Civil remedy

967 Williams Code Annotated, Vol. 7, Title I, Ch. 7, Art. II

- False Advertising Sec. 11154 Unlawful acts; penalty

967

Williams Code Annotated 1934, Vol. 4, Title XIV, Ch.

18—"Tennessee Food, Drug, and Cosmetic Act" Sec. 6580.2 Definitions

963 6580.3 Prohibited acts

963 6580.4 Injunction

963 6580.5 Penalties for violations; guaranty protection

964

Williams Code Annotated 1934, Vol. 1, Title III, Ch. 3,

Art. XI–Weights and Measures, Sealers. Sec. 585. State standards.

The weights and measures received from the United States, under the acts or resolution of congress, approved June 14, 1836, and additions thereto and renewals thereof, certified by the United States Bureau of Standards, and such other weights, measures, balances, and apparatus as are the property of the state or may be added by the state sealer of weights and measures, hereinafter

provided for, which are in conformity to and certified by the United States Bureau of Standards, shall be the state standards by which all state, county, and municipal standards of weights and measures shall be tried, proved, and sealed. [1913] Sec. 586. State superintendent: Duties; custody of standards.

The department of agriculture, through and by its superintendent of foods, fertilizers, and dairies, shall exercise the right, power, and duties to administer and enforce the law in this article (Secs.

585-621), which official is hereinafter referred to as the state superintendent. He shall have and keep a general supervision of the weights, measures, weighing devices, and measuring devices offered for sale, sold, or used within the state; shall enforce all laws regarding them; and shall, in conjunction with the state sealer of weights and measures hereinafter provided for, have the care and custody of all weights, measures, balances, and other apparatus mentioned in the preceding section. [1913; last amended 1923.] Sec. 587. Assistant sealers; powers.

He and the duly appointed assistant and deputy food inspectors under him are made assistant sealers, and shall have the same power and authority as the county and city sealers hereinafter provided for. [1913; last amended 1923.] Sec. 588. Working standards: Procurement.

The state superintendent shall procure at the expense of the state, the necessary working sets of weights, measures, balances and apparatus for the use of said inspectors, and shall cause same to be tried and proved by the state sealer. [1913; last amended 1923.] Sec. 589. Same: Sealed apparatus as evidence.

Such weights, measures, balances, and other apparatus provided for such inspectors, when sealed by the state sealer, shall be competent evidence in all the courts of the state in criminal or civil actions. [1913; last amended 1923. Sec. 590. Bi-annual inspection in counties and cities; report of superintendent.

The state superintendent, or his deputies or assistants, by his direction, shall at least once in two years visit the various cities and counties in order to inspect the work of the county and city sealers hereinafter provided for; and in the performance of such duties he or they may inspect the weights, measures, balances, or any other weighing or measuring apparatus of any person, and shall have the same power as said county and city sealers of weights and measures. The state superintendent shall likewise annually, during the first two weeks in January, make to the commissioner of the department for the governor a report of the work done by his office. [1913; last amended 1923.] Sec. 591. State sealer: Custody of standards; receipt from

from which they shall not be removed except for repairs or for certification; and shall take all other necessary precautions for their safe-keeping. He shall keep complete records of the standards, balances, and other apparatus belonging to the state, and take receipt for same from his successor. [1913; last amended 1923.] Sec. 592. Same: Certification of standards; state seal.

He shall maintain the state standards in good order, and shall, in conjunction with the state superintendent, submit them, and thereafter at least once in ten years, to the United States Bureau of Standards for certification. He shall keep a seal, which shall be so formed as to impress the letters "T.N.” and the last two figures of the year in which comparison has been made upon all weights, measures, and balances sealed by him; and he, or his deputies, by his direction, shall correct the standards of the several cities and counties when submitted to him by comparing the same with those in his possession, and shall seal the same when tried and proved to be in conformity with the state standards. [1913; last amended 1923. Sec. 593. Same: Testing and calibration at request of individuals; fees.

He shall, further, upon the written request of any person or educational institution of the state, in person or by his deputies, test or calibrate weights, measures, weighing devices, or measuring devices and instruments and apparatus used for standards in the state, and for such testing for citizens, firms, or corporations may collect fees to be fixed by the state superintendent and state sealer. Fees so collected shall be turned over to the state treasurer for the use of the state. [1913; last amended 1923.] Sec. 594. Same: Testing and sealing at request of state super

intendent.

He shall, at the request of the state superintendent, test and seal, when found correct, all measures, weights, balances, weighing devices, or measuring devices for the use of the state superintendent and his deputy or assistant inspectors. [1913; last amended 1923.] Sec. 595. Same: Rules and regulations.

He shall likewise, in conjunction with the state superintendent, establish rules and regulations for the enforcement of this article (Secs. 585-621] and for the guidance of all city and county sealers, and these regulations shall govern the procedure to be followed by said officials in the discharge of their duties. [1913; last amended 1923.] Sec. 596. Same: Appointment of deputy.

He may appoint a deputy state sealer, who shall be a member of the faculty of the University of Tennessee, and who shall not receive any addi

successor.

The president of the University of Tennessee shall be, and the same is, hereby made ex-officio state sealer of weights and measures, hereinafter referred to as the state sealer. He shall, in conjunction with the state superintendent, have the care and custody of all standard weights, measures, balances and other apparatus mentioned in section 585; shall cause them to be kept in a suitable building belonging to the University of Tennessee,

Williams Code Annotated 1934, Vol. 1, Title III, Ch. 3, sold, or in the process of delivery, in order to de.

Art. XI–Weights and Measures, Sealers-Con- termine whether same contain the amounts repre. tinued.

sented or are sold in a manner in accordance with tional compensation for his services. [1913; last

law. [1913; last amended 1923.] amended 1923.]

Sec. 602. Same: Testing; right of entry. Sec. 597. Same: Report to governor.

He shall at least once in each year, and as much He shall likewise annually, during the first two

oftener as he may deem necessary, see that the weeks in January, so make for the governor a re

weights, measures, and all apparatus used in the port of the work done by his office. [1913; last county are correct, and may for this purpose and amended 1923.1

in the general performance of his official duties

enter and go into or upon and without formal warSec. 598. Same: Testing for state institutions.

rant any place, building, premises, or stop any The state superintendent, or his deputy or in

vendor, peddler, junk dealer, or any dealer what. spectors, by his direction, shall at least once an

soever, and require him, if necessary, to proceed nually test all scales, weights, and measures used

to some place which the sealer may specify for in checking the receipt or disbursement of supplies

the purpose of making proper tests. [1913; last in each institution under the direction and owner- amended 1923.) ship of the state, and shall report in writing his findings to the board having such institution under

Sec. 603. Same: Duty to prosecute. its control or to the executive officer of the insti. Whenever he finds a violation of any statute tution concerned; and at the written request of relating to weights and measures, he shall cause such board or officer, the state superintendent shall the violator to be prosecuted. [1913; last amended appoint in writing one or more employees then

1923.] in actual service of such institution, who shall act

Sec. 604. Same: Sealing. as special deputies for the purpose of checking the

Whenever the county sealer compares weights, receipt or disbursement of supplies. [1913; last amended 1923.]

measures, weighing devices, or measuring devices

,

and finds that they correspond or causes them to Sec. 599. County sealer: Deputies; appointment.

correspond with the standards in his possession, Any county may establish a department of in- he shall seal or mark such weights, measures, spection of weights and measures, and shall have weighing devices, or measuring devices with a power to appoint a sealer and deputies. Such seal to be approved by the state superintendent. sealer (and deputies, if provided for) shall be ap- [1913; last amended 1923.] pointed by the county court for a' term of five years, and shall be paid a salary to be determined

Sec. 605. Same: Right to destroy or condemn for repairs faulty

apparatus. by the county court, said county sealer's salary to be not less than six hundred dollars per annum;

He shall condemn and seize and may destroy inand no fee shall be charged by him or by the

correct weights, measures, weighing devices, or county for the inspection, testing, or sealing of

measuring devices which, in his best judgment, are weights, measures, or weighing or measuring de

not susceptible of satisfactory repair; but such as vices. [1913; last amended 1923.]

are incorrect and yet may be repaired he shall

mark or tag as “Condemned for Repairs” in a Sec. 600. Same: Power of inspection.

manner prescribed by the state superintendent. When not otherwise provided by law, the county [1913; last amended 1923.] sealer shall have the power within his county to

Sec. 606. Same: Duty of owner to repair. inspect, try, and ascertain if they are correct, all weights, scales, beams, measures of every kind, in

The owners or users of apparatus so condemned truments, or mechanical devices for measuring, shall have same corrected or repaired within ten and tools, appliances, or accessories connected with days, and may neither use nor dispose of same in any and all such instruments or measures kept,

any manner without permission from the county

sealer. offered, or exposed for sale, sold, or used or em

Any apparatus which has been "Conployed within the county by any person in proving

demned for Repairs" and has not been repaired as the size, quantities, things, produce, articles for required above shall be confiscated by the sealer. distribution or consumption offered or submitted [1913; last amended 1923.] for sale, hire, or reward. [1913; last amended

Sec. 607. Same: Records and reports. 1923.]

The county sealer shall keep a complete record Sec. 601. Same: Packaged commodities.

of all his official acts, and shall make an annual He shall have the power to, and shall from time report to the county court and an annual report, to time weigh or measure, packages or amounts of duly sworn to, on the first day of December of commodities of any kind kept with intent to sell, each year to the state superintendent on blanks to

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