Compiled Statutes 1945 Annotated, Vol. 3, Ch. 34, Art. 10-Livestock Remedies-Continued. registration with the state department of agriculture, dairy, food and oil division, a statement that he desires to offer such life stock remedy for sale in this state, also a certificate in duplicate, the execution of which shall be sworn to before a notary public, or other proper official, stating: * third, the minimum net contents of the package, lot, or parcel of such live stock remedy (expressed by weight in the case of solids and by measure in the case of liquids), [1929]

Sec. 34-1003. Marking requirements.

Every sack, box, carton, bottle or other package of live stock remedy sold, offered or exposed for sale, or distributed within the state shall have a label affixed thereto in a conspicuous place on the outside thereof bearing a legible and plainly printed statement in the English language clearly and truly certifying: third, the minimum net contents of the sack, box, carton, bottle, or other package,

[1929]

Sec. 34-1007. Enforcement; rules and regulations.

The said chief of the dairy, food and oil division, state department of agriculture, is hereby empowered to enforce the provisions of this Act [Secs. 34-1001-34-1008] and to prescribe the form of labels to be used to show that the live stock remedy has been registered, and to prescribe and enforce such rules and regulations, definitions, and standards, relating to live stock remedies and to their sale, as he may deem necessary to carry into effect the full extent and meaning of this Act [1929]

Sec. 34-1008. Violations; penalty.

*

Any manufacturer, importer, jobber, firm, association, corporation, or person who shall sell, offer or expose for sale, or distribute in this state or who shall take or receive from any firm, association, corporation, or person in this state any order for any live stock remedy as defined in Section 1 [Sec. 341001], or who shall directly or indirectly contract with any manufacturer, importer, jobber, firm, association, corporation, or person in this state for the sale of such live stock remedy, to be delivered in this state by common carrier or otherwise, without there being affixed thereto such labels as are required by the provisions of this Act [Secs. 34-1001-34-1008] * or who shall impede, obstruct, hinder, or otherwise prevent, or attempt to prevent, said chief of the dairy, food and oil division, state department of agriculture, or his authorized agent, in the performance of his duty in connection with the provisions of this Act and upon conviction thereof shall be fined not more than one hundred dollars ($100) for the first violation and not less than one hundred dollars ($100) for each sub

sequent violation. Penalties recovered under this Act shall be converted into the school fund of the county wherein the offense was committed. [1929] Compiled Statutes 1945 Annotated, Vol. 3, Ch. 34, Art. 11-Commercial Fertilizers.

Sec. 34-1101. Definitions.

The term "Commercial Fertilizer” means any substance, including any combination or mixture of substances, designed and fit for use in inducing increased crop yields or plant growth when applied to the soil, except unmanipulated animal and vegetable manures, liming materials, and gypsum. The term "Fertilizer Material" means any substance which is, or may be, used with another substance in the compounding of mixed fertilizers, or for direct application to the soil, principally as a source of plant food. [1937]

Sec. 34-1102. Registration.

It shall be unlawful for any person, firm or corporation to manufacture for sale, or exchange within the State of Wyoming any commercial fertilizer or fertilizer material which has not been registered as required by this Section.

Any person, firm, or corporation who may desire to manufacture for sale, any fertilizer or fertilizer material in this State shall first file with the Commissioner of Agriculture, on registration forms supplied by him, a signed statement giving the name and address of the applicant and the following information with respect to each brand or grade in the following order:

(1) Weight of each package in pounds; last amended 1947.]

Sec. 34-1103. Marking requirements.

[1937;

Every person, firm, or corporation who manufactures for sale any commercial fertilizer or fertilizer material in this state shall mark upon each container the information required under Section 2 [Sec. 341102]. This information may either be branded or printed directly upon the bag or other shipping container or may be printed on a tag or label which shall be affixed to the shipping container. [1937]

Sec. 34-1104. Enforcement.

It shall be the duty of the Commissioner of Agriculture to enforce the provisions of this Act [Secs. 34-1101-34-1106]. [1937]

Sec. 34-1106. Penalties for violations.

Any person, firm, or corporation violating any of the provisions of this Act [Secs. 34-1101-34-1106] shall be guilty of a misdemeanor, and, upon convic tion thereof, shall be fined not less than Twenty-five ($25.00) Dollars nor more than One Hundred ($100.00) Dollars. [1937]

Compiled Statutes 1945 Annotated, Vol. 3, Ch. 37, Art. 15-Itinerant Merchants.

Sec. 37-1501. Definitions.

b. (1) "Itinerant merchant" shall mean, except as in this Act otherwise provided, every person, whether acting as principal, agent or employee, who shall otherwise than at an established and definite place of business buy and transport by any vehicle for purposes of sale, or transport by any vehicle and sell any merchandise or tangible personal property. (2) "Itinerant merchant" shall not mean: (a) Any person transporting and selling products produced by such person. (b) Any merchant, producer, farmer, rancher or livestock feeder transporting commodities to or from any established place of business of such merchant, producer, farmer, rancher or livestock feeder. (c) Any motor carrier transporting merchandise or other tangible personal property for others, provided such carrier shall not buy or sell such property transported, unless such carrier shall have a bona fide and regularly established place of business within the State of Wyoming. (d) Any person buying and transporting merchandise or other tangible personal property for consumption by, or for the personal use of, such person or the family of such person and not for sale.

d. "Board" when used in this Act, means the State Board of Equalization for the State of Wyoming. [1939]

Sec. 37-1502. License required.

Every person, desiring to engage in business as an itinerant merchant as herein defined shall annually, before engaging in such business, make application to the Board [State Board of Equalization] for, and obtain, an itinerant merchant's license, such application to be in such form as shall be prescribed by the Board. [1939]

Sec. 37-1504. Bond; honest weight or measure.

Prior to the issuance of any such license, every applicant shall file with the Board [State Board of Equalization] an indemnity bond, satisfactory to the Board in the penal sum of five hundred dollars ($500.00), conditioned that the applicant shall honestly weigh, measure and grade,

mer

chandise or other tangible personal property to be bought and sold, and conditioned upon the actual payment of checks, drafts or other securities to be delivered by applicant in his transactions as such itinerant merchant. The surety on such bond shall be a surety company authorized to engage in the surety business in this state. In such bond the surety shall appoint the Secretary of State of the State of Wyoming the agent of the surety for the service of process and shall designate the post office address of said surety to which any such process may be mailed.

Service of summons or other legal process upon the Secretary of State in any action arising out of the business of the applicant, as an itinerant merchant in this state, shall be and constitute valid legal service thereof upon the party against whom said summons is directed. [1939]

Sec. 37-1509. Penalties for violations.

Any person guilty of violating any provisions of this Act [Secs. 37-1501-37-1510] shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars [$100.00] nor less than twentyfive dollars [$25.00], or by imprisonment in the county jail for a period of not more than sixty [60] days or less than ten [10] days, or both such fine and imprisonment, in the discretion of the court. [1939]

Sec. 37-1510. Enforcement officers.

It is hereby declared the duty of county sheriffs, county attorneys, state highway patrolmen, state officers, and their deputies, chiefs of police in cities, town marshals in towns, constables and all peace officers to enforce the provisions of this Act [Sec. 37-1501-37-1510] and to proceed against all persons violating any of the provisions thereof. [1939] Compiled Statutes 1945 Annotated, Vol. 3, Ch. 39, Art. 5-Paint.

The commissioner of agriculture is charged with the proper enforcement of all provisions of this Act [Secs. 39-501-39-517]. [1921]

Sec. 39-513. Guaranty protection.

Under the provisions of this Act [Secs. 39-50139-517], no dealer shall be prosecuted for selling or offering for sale any article of paint in the original, unbroken package in which it was received by said dealer, provided, he can establish a guaranty by the wholesaler, jobber, manufacturer, or other person, residing in the United States, from whom he purchased such article, to the effect that same is not adulterated or misbranded within the meaning

Compiled Statutes 1945 Annotated, Vol. 3, Ch. 39, Art. 5-Paint-Continued.

of this act, designating it. Said guaranty, to afford protection, shall contain the name and address of the person making the sale of such article to such dealer, and in such case said person shall be amenable to the prosecutions, fines and other penalties which would attach in due course to the dealer under the provisions of this Act. [1921]

Sec. 39-517. Penalties for violations.

of

Any person, firm or corporation violating any the provisions of this Act [Secs. 39-501-39-517] shall be deemed guilty of a misdemeanor, and for each offense shall upon conviction thereof be punished by a fine of not less than twenty-five dollars ($25.00) and not more than one hundred dollars ($100.00), or by imprisonment in the county jail not to exceed sixty (60) days. [1921]

Compiled Statutes 1945 Annotated, Vol. 3, Ch. 46, Art. 1-Food and Drugs.

Sec. 46-107. Food defined.

The term "food" as used herein, shall include all articles used for food, drink, confectionery or condiment, by man or other animals, whether simple, mixed or compound. [1911]

Sec. 46-109. When food deemed misbranded.

That for the purpose of this Act [Secs. 46-101— 46-120] an article shall also be deemed to be misbranded:

In case of food:

Third-If in package form, the quantity of the contents be not plainly and conspicuously marked on the outside of the package in terms of weight, measure or numerical count; provided, however, that reasonable variations shall be permitted and also exemptions as to small packages may be established by rules and regulations made in accordance with Section 5 of Chapter 107 of the Session Laws of Wyoming, 1913 [Sec. 46-119]. [1911; last amended 1915.]

Sec. 46-110. Samples of food, drugs, gasoline and illuminating oils; disposition; net weight.

Representative samples of foods, drinks, drugs, gasoline and illuminating oils shall be collected by the commissioner of agriculture, or his deputies. Samples may be purchased in the open market, and if in bulk, the marks, brands, or tags upon the package, carton, wrapper or other container, and the accompanying written or printed matter shall be noted. The collector shall also note the name of the vendor and the agent through whom the sale

was actually made, together with the date of purchase. Any sample so collected shall be sealed by the collector with a seal provided for the purpose. For the purpose of this chapter [article] [Secs. 46101-46-120] all samples which do not show the net weight properly marked on top of the box, package, or on the face of the principal label, may be disapproved by the commissioner of agriculture without further test and the absence of the net weight properly labeled shall be prima facie evidence that they are misbranded and need not be sent to the state chemist for examination, but may be certified to the county attorney directly by the commissioner of agriculture, or his deputies, without the certificate of the state chemist. [1911; last amended 1921.]

Sec. 46-116. Penalty for violations.

Any person violating any of the provisions of this Act [Secs. 46-101-46-120] shall be guilty of a misdemeanor, and for each offense shall, upon conviction thereof, be fined not less than twenty-five dollars ($25.00), nor more than one hundred dollars ($100.00); and for each subsequent offense and conviction thereof, shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00), or shall be sentenced to imprisonment for not more than sixty [60] days, or both, at the discretion of the court. [1911]

Sec. 46-117. Guaranty protection.

Under the provisions of this Act [Secs. 46-10146-120], no dealer shall be prosecuted for selling or offering for sale any article of food, drug, gasoline, or illuminating oil in the original, unbroken package in which it was received by said dealer, provided, he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other person, residing in the United States, from whom he purchased such article, to the effect that same is not adulterated or misbranded within the meaning of this act, designating it. Said guaranty to afford protection shall contain the name and address of the person making the sale of such article to such dealer, and in such case said person shall be amenable to the prosecutions, fines, and other penalties which would attach in due course to the dealer under the provisions of this Act [Secs. 46-101-46120]. When the examination or analysis herein provided shows that the provisions of this act have been violated, and the dealer is relieved from prosecution under this section by the production of a guaranty signed by the person residing outside of this state, then the commissioner of agriculture, in the case of foods and drugs, shall report such fact to the secretary of agriculture of the United States, or the proper officer appointed for the enforcement of act of congress approved June 30, 1906, known as the "Food and Drug Act." [1911]

1 Superseded by the Federal Food, Drug and Cosmetic Act of 1938, 21 U.S.C. Sec. 301 et seq.; 52 Stats. 1040 et seq.

Sec. 46-119. Rules and regulations.

The commissioner of agriculture, in executing the provisions of all laws which come under his jurisdiction shall accept such of the rules and regulations of the United States department of agriculture as he may deem necessary and adopt the standards of purity for foods as laid down by the United States department of agriculture, also make, promulgate and enforce such other rules and regulations as may seem necessary and proper to a prompt and effective enforcement of the laws. [1913]

Compiled Statutes 1945 Annotated, Vol. 3, Ch. 46, Art. 2-"Uniform Narcotic Drug Act."

Sec. 46-210. Marking requirements.

(1) 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 each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, of narcotic drug contained therein [1937]

*

Sec. 46-220. Enforcement.

It is hereby made the duty of the Commission of Pharmacy of the State of Wyoming, its officers, agents, inspectors, and representatives, and of all peace officers within the State, and of all county attorneys, to enforce all provisions of this Act [Secs. 46-201-46-224], except those specifically delegated, and to cooperate with all agencies charged with the enforcement of the laws of the United States, of this State, and of all other States, relating to narcotic drugs. [1937]

Sec. 46-221. Penalties for violations.

Any person violating any provision of this Act [Secs. 46-201-46-224] shall upon conviction be punished, for the first offense, by a fine not exceeding Three Hundred Dollars ($300.00), or by imprisonment in the county jail for not exceeding one [1] year, or by both such fine and imprisonment; and for any subsequent offense, by a fine not exceeding One Thousand Dollars ($1,000.00), or by imprisonment in the State Penitentiary for not exceeding three [3] years, or by both such fine and imprisonment. [1937]

Compiled Statutes 1945 Annotated, Vol. 3, Ch. 46, Art. 4-Milk and Cream.

Sec. 46-407. Babcock test: Fraudulent manipulation; standard equipment; cream to be tested by weight.

No person receiving milk or cream by weight or test or by weight and test, shall fraudulently manipulate the weights of milk or cream to take unfair samples thereof, or fraudulently manipulate such samples in any way. No person buying or paying for milk or cream on the basis of the amount of fat contained therein shall under-read, over-read or

otherwise fraudulently manipulate the Babcock test used for determining the percentage of fat in milk or cream, or falsify the record thereof or read the test at any temperature except between 135 degrees and 140 degrees Fahrenheit. In the use of the Babcock test, the standard milk measure or pipettes shall have a capacity of 17.6 cubic centimeters, and the standard test tubes or bottles for milk shall have a graduated capacity of two cubic centimeters for each 10 per cent. marked on the necks thereof; cream shall be tested by weight and the standard unit for testing shall be 9 grams or 18 grams, and it shall be unlawful to use any other standards of milk or cream measure in creameries or cheese factories or any other place where milk or cream is purchased by or furnished to a receiver and the value of said milk or cream is determined by the per cent. of butter fat contained in the same. [1921]

Any person violating any of the provisions of this Act [Secs. 46-401-46-412] shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum not less than ten dollars ($10.00), nor more than one hundred dollars ($100.00) or be imprisoned in the county jail not exceeding three (3) months. [1921]

Compiled Statutes 1945 Annotated, Vol. 3, Ch. 46, Art. 9, Sec. 46-902-Eggs.

[ED. NOTE. This section provides for the grading of eggs according to their size and weight, but as these provisions relate primarily to quality they are not included herein.]

Compiled Statutes 1945 Annotated, Vol. 3, Ch. 46, Art. 11-Cosmetics.

Sec. 46-1101. Unlawful to sell misbranded article.

It shall be unlawful for any person, firm, or corporation to sell or offer for sale any cosmetic that is adulterated or misbranded within the meaning of this Act [Secs. 46-1101-46-1107]. [1939]

Sec. 46-1102. Definition.

The term "cosmetic" means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as component of any such articles; except that such term shall not include soap. [1939]

Compiled Statutes 1945 Annotated, Vol. 3, Ch. 46, Art. 11-Cosmetics-Continued.

Sec. 46-1104. When deemed misbranded.

A cosmetic shall be deemed to be misbranded(a) If its labeling is false or misleading in any particular,

(b) If in package form unless it bears a label containing (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: Provided that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the Commissioner of Agriculture.

(c) If any word, statement, or other information required by or under authority of this Act [Secs. 46-1101-46-1107] 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.

(d) If its container is so made, formed or filled as to be misleading. [1939]

Sec. 46-1105. Enforcement.

It shall be the duty of the Commissioner of Agriculture to enforce the provisions of this Act [Secs. 46-1101-46-1107]. The Commissioner of Agriculture, in the enforcement of this Act, shall promulgate such regulations, definitions, and standards as he deem necessary may for the proper enforcement of this Act. [1939]

Sec. 46-1107. Penalty for violations.

Any person, firm, or corporation violating the provisions of this Act [Secs. 46-1101-46-1107] shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than Twenty-five Dollars ($25.00) nor more than One Hundred Dollars ($100.00). [1939]

Compiled Statutes 1945 Annotated, Vol. 3, Ch. 46, Art. 12-Economic Poisons.

Sec. 46-1201. Unlawful to sell misbranded article.

It shall be unlawful for any person, firm, or corporation, to manufacture, sell or offer for sale within the State of Wyoming, any economic poison which is misbranded or adulterated within the meaning of this Act [Secs. 46-1201-46-1209]. [1943]

Sec. 46-1202. Definition.

The term economic poison as used in this Act [Secs. 46-1201-46-1209] shall include any substance, or mixture of substances intended to be used for preventing, destroying, repelling, or mitigating any and all insects, fungi, weeds, rodents, or other

plant or animal pests, collectively or individually, which may infest or be detrimental to vegetation, man or other animals or households, or to be present in any environment whatsoever. [1943]

Sec. 46-1204. When deemed misbranded.

For the purpose of this Act [Secs. 46-1201-461209] an economic poison shall be deemed to be misbranded:

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

Second. If in package form, unless it bears a label designating an accurate statement of the quantity of the contents in terms of weight, measure or numerical count.

Nothing in this Section shall be construed so as to prevent the sale at retail of an economic poison in bulk, provided the original package was correctly labeled. [1943]

Sec. 46-1206. Enforcement.

It shall be the duty of the Commissioner of Agriculture to enforce the provisions of this Act [Secs. 46-1201-46-1209]. The Commissioner of Agricul ture, in the enforcement of this act, shall promulgate such regulations, definitions and standards, as he may deem necessary for the proper enforcement of this act. [1943]

Sec. 46-1209. Penalty for violations.

Any person, firm, or corporation, violating the provisions of this Act [Secs. 46-1201-46-1209] shall be guilty of a misdemeanor, and upon convic tion thereof, shall be fined not more than one hundred dollars ($100.00). [1943]

Compiled Statutes 1945 Annotated, Vol. 4, Ch. 56, Art. 9-Livestock Sales Rings, Scales.

Sec. 56-902. Livestock sales ring defined.

(d) The term "live stock sales ring" shall mean a place or establishment conducted or operated for compensation or profit as a public market, consisting of pens, or other enclosures, and their appurte nances, in which live cattle, sheep, swine, horses mules, or goats are received, held or kept for sale and where any such live stock is sold or offered for sale at either public auction or private sale, except that the provisions of this Act [Secs. 56–901—56– 918] shall not apply to:

Any place used solely for a dispersal sale of the live stock of a farmer, dairyman, live stock breeder or feeder who is discontinuing said business;

(1) The premises of any butcher, packer or processor who receives animals exclusively for immediate slaughter;

(2) Any place where an association of breeders of live stock of any class assembles and offers for