Sec. 14685.48. Official weigh-ups and inspections. Missouri Every terminal public warehouseman operating under a terminal warehouse license is required to have an official weigh-up and inspection or examination annually of the different kinds of grain, at such time or times as may be directed by the Commissioner [Grain Warehouse Commissioner] during such period; provided, however, that the Commissioner may for good cause shown grant a reasonable extension of time. The Commissioner may also cause partial weigh-ups by measurements or otherwise at such times as the Commissioner may direct. Every local public warehouse operating under a local warehouse license shall be required to have official weigh-ups by measurement or otherwise at such times as the Commissioner may deem necessary. [1941] Sec. 14685.50. Reinspection and weighing of grain in public terminal elevators. Operators of public terminal elevators, may, with the consent of the Commissioner [Grain Warehouse Commissioner], call a reinspection and weighing of grain in the elevator, and upon the surrender of outstanding warehouse receipts in the discretion of the Commissioner, before or at the completion of said reinspection and weighing, same may be cancelled and new warehouse receipts issued therefor, such reinspection and weighing to be made under regulations prescribed by the Commissioner. [1941] Sec. 14685.51. Device to remove dirt, etc., before grain is officially weighed forbidden. It shall be unlawful for any person, company, or corporation to install or continue to maintain at any elevator, mill, or warehouse where official state weights are given any blower, suction fan, cleaner, or other device for the purpose of removing dirt, seeds, sticks, chaff, or any like substance from grain unloaded into said elevator, mill, or warehouse before the grain has been officially weighed. [1941] Revised Statutes Annotated, Vol. 26, Ch. 109, Art. 2-Inspection of Oils. Sec. 14700. Measuring devices to be tested. It is also made the duty of said inspector [state inspector of oil], in addition to his other duties in person or by deputy or special agent, and at least once in every six months, to carefully test and inspect the measuring devices or other instrumentalities used by any person, firm or corporation selling gasoline and motor vehicle fuels at retail, in this state, in quantities aggregating more than two hundred gallons monthly, in measuring such gasoline and motor vehicle fuels so sold and when he finds that such measuring device or instrumentality does not correctly and accurately register and measure the amount and quantity sold, shall 555 require the correction, removal or discontinuance of the same. [1919; last amended 1925.] Sec. 14701. Inspectors to keep records which shall be open to inspection. The inspector and deputy inspectors shall keep a full and accurate record of all premises and measuring devices by them examined, inspected or tested, and of the conditions by them found in making such examination and inspection, with his orders regarding same, and such record shall be kept in a book provided by the state for that purpose, and shall be open to inspection by the governor and all other persons interested. [1870; last amended 1921.] * * * Sec. 14702. Penalty for violating two preceding sections. Any person violating any of the provisions of sections [14700 and] 14701 shall be deemed guilty of a misdemeanor. [1919] Sec. 14710. Penalty for violation of article. Any person violating any of the provisions of article 2, chapter 109, Revised Statutes of Missouri, 1939, except when otherwise provided, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not less than fifty dollars nor more than five hundred dollars or by imprisonment in the county jail not exceeding one year or by both such fine and imprisonment. [1939] Revised Statutes Annotated, Vol. 26, Ch. 111, Art. 1-Mine Scales. Sec. 14805. Screening coal before weighing prohibited. * It shall be unlawful for any mine owner, lessee or operator of coal mines in this state, employing miners at bushel or ton rates, or other quantity, to pass the output of coal mined by said miners over any screen or any other device which shall take any part from the value thereof before the same shall have been weighed and duly credited to the employee sending the same to the surface, and accounted for at the legal rate of weights as * and any fixed by the laws of Missouri; owner, agent or operator of any coal mine in this state who shall knowingly violate any of the provisions of this section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by a fine of not less than two hundred dollars nor more than five hundred dollars for each offense, or by imprisonment in the county jail for a period of not less than sixty days nor more than six months, or by both such fine and imprisonment; proceedings to be instituted in any court having competent jurisdiction. [1885; last amended 1899.] Sec. 14806. Weighman and checkweighman; oath; penalty for violation of duty. The weighman employed at any mine shall subscribe an oath or affirmation before a justice Revised Statutes Annotated, Vol. 26, Ch. 111, Art. 1— Mine Scales-Continued. of the peace, or other officer, authorized to administer oaths, to do justice between employer and employee, and to truly and correctly weigh the output of coal from the mines as herein provided. The miners employed by or engaged in working for any mine owner, operator or lessee of any mine in this state shall have the privilege, if they desire, of employing at their own expense a check weighman, who shall have like equal rights, powers and privileges in the weighing of coal as the regular weighman, and be subject to the same oath and penalties as the regular weighman. Said oath or affirmation shall be kept conspicuously posted in the weigh office, and any weigher of coal or person so employed, who shall knowingly violate any of the provisions of this article [Secs. 1478314815], or any owner, operator or agent of any coal mine in this state who shall forbid or hinder miners employing or using a check weighman as herein provided, or who shall prevent or willfully obstruct any such check weighman in the discharge of his duty, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars for each offense, or by imprisonment in the county jail for a period not less than thirty days nor more than ninety days, or by both such fine and imprisonment, proceedings to be instituted in any court having competent jurisdiction. Whenever the coal mine inspector shall be satisfied that the provisions of this section have been willfully violated, it shall be his duty to forthwith inform the prosecuting attorney of any such violation, together with all the facts in his knowledge, and the prosecuting attorney shall thereupon investigate the charge so preferred, and if he be satisfied that the provisions of this section have been so violated, it shall be his duty to prosecute the person or persons guilty thereof. [1885; last amended 1895.j Sec. 14807. Owner or operator to furnish scales; penalty for using false scales. Every owner, agent or operator of any coal mine in the state, employing miners at bushel or ton rates, shall provide at such mine or mines accurate and suitable scales of standard manufacture upon which shall be weighed all coal coming out of such mine or mines; said scale or scales to be located at a reasonable distance from the point where the coal is delivered to the surface opening of the mine or mines, and in no case shall said scale or scales be located at a greater distance from said surface opening of the mine or mines than one hundred feet. Any owner, agent, operator, person, or persons having or using any scales or scale for the purpose of weighing the product of the miners' labor, and so arranges or constructs said scale or scales, or by any contrivance therewith connected causes the fraudulent weighing of such coal or said product, or who shall knowingly resort to, permit or employ any person or means whatsoever, by reason of which said product of the mine is not correctly weighed and reported in accordance with the true weight and the provisions of this article [Secs. 14783-14815], shall be deemed guilty of a misdemeanor, and shall, upon conviction for each and every offense, be punished by a fine of not less than two hundred dollars, nor more than five hundred dollars, or by imprisonment in the county jail for a period not to exceed ninety days, or by both such fine and imprisonment; proceedings to be instituted in any court of competent jurisdiction. [1885; last amended 1899.] Sec. 14808. Loaders; manner of weighing. The manner of weighing, as hereinbefore provided for, shall apply to the class of workers in mines known as loaders, engaged in mines wherein the mining is done by machinery, whenever the workmen are under contract to load coal by the bushel, ton, or any quantity the settlement of which is had by weight. [1885] Sec. 14809. Inspector to test scales; penalty for refusing tes or failing to put scales in proper adjustment. The coal mine inspector of this state shall be ex officio inspector of weights, measures and scale used at coal mines, and he is hereby empowered and it shall be his duty to test the scales used to weigh coal mined in the mines of this state at leas every six months, to ascertain whether or not such scales correctly measure the weight of such coal and if defects or irregularities are found in such scales which prevent correct weights and measure ments the inspector shall call the attention of the mine owner, agent or operator to said defects and direct that the same be at once properly adjusted and corrected. If the owner, agent or operator o any coal mine in this state shall refuse to allow such inspector to properly test the scales used a such mine or mines, or shall fail or refuse to pu such scales in proper adjustment and condition so that the same shall correctly weigh the coa mined after being notified by said inspector so t do, such owner, agent or operator shall be deeme guilty of a misdemeanor, and upon conviction thereof, shall be fined not exceeding five hundre dollars, or be confined in the county jail not ex ceeding six months, or both, in the discretion o the court, and it shall be the duty of the pros cuting attorneys in the respective counties t prosecute any person, firm or corporation violatin the provisions of this section the same as in othe misdemeanor cases. [1899] Revised Statutes Annotated, Vol. 13, Ch. 31, Ar 9-Misdemeanors. Sec. 4853. Punishment of misdemeanor when not fixed by lav Whenever any offense is declared by statute t be a misdemeanor, and no punishment is pro scribed by that or any other statute, the offende shall be punished by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment. [1835; last amended 1919.] Revised Statutes Annotated, Vol. 13, Ch. 31, Art. 8-False Advertising. Sec. 4698. Unlawful acts; penalty. Any person, firm, corporation, or association who, with intent to sell or in anywise dispose of merchandise, 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, makes, publishes, disseminates, circulates, or places before the public, or causes, directly or indirectly, to be made, published, disseminated, 888243-51-36 circulated, or placed before the public, in this state, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service, or anything so offered to public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading, shall be guilty of a misdemeanor, and shall upon conviction thereof be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than ten days nor more than ninety days, or by both such fine and imprisonment: Providing, that nothing herein shall apply to any proprietor or publisher of any newspaper or magazine who publishes, disseminates or circulates any such advertisement without the knowledge of the unlawful or untruthful nature of such advertisement. [1915] Use of weights and measures before testing; sealing; penalty 563 5040 4241 563 5039.56 Inspection and measuring of building materials Inspection and measurement of gas electricity 569 and 569 4242 4243 4244 4245 4246 4247 4248 4249 ___ 564 Sec. 1830.8 Log rule 564 Weights and measures adjusted annually. State sealer: Records and reports Revised Codes 1935, Vol. 1, Political Code, Ch. 170— Scaling of Logs 569 569 569 569 Unlawful to sell, etc. misbranded articles Food sold by weight or measure; size of gallon, ounce and pound 569 569 Trade devices to be marked and stamped; 2587 Misbranded food 570 exceptions; apothecaries' weights and measures to be tested and sealed 2588 Guaranty protection 570 Enforcement 570 4250 Sealer to adjust weights or forbid use; pen 2598 Food defined 570 alty Penalty for violation of act 570 4251 Condemning or confiscating scales; family scales; damages not allowed 4252 4253 Seizure as evidence; return or forfeiture Itinerant vendors' scales to be tested annu 566 Milk, Cream, and Other Dairy Products Sec. 2620.10 ally. Babcock test: Adopted as official test Same: Revocation of license as penalty 570 570 4254 Milk to be sold by wine measure; remedy for short measure 2620.14 Same: Method of operation 570 4255 Milk containers: Capacity indelibly marked; testing; penalty Cheese containers: Marking requirements Standard measures for milk 571 571 Butter: Standard measure; exception; pen 4256 Penalty for use or possession of false weigh alty 571 ing or measuring devices Same: How wrapped; net weight on pack 4257 Certain weights and measures legal through 571 age out state 567 Oleomargarine to be sold in packages of certain net weight 571 4259 Tolerances to be established by state sealer 567 2620.54 Penalty for violations 571 4260 Obstructing sealer; misdemeanor 567 2620.60 General penalty 571 |