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1935 Statutes Annotated, Vol. 4, Ch. 175-Weights and Measures.

Sec. 1. Standard of weights and measures.

The weights and measures accepted and used by the government of the United States at the present time, except as hereinafter provided, shall be deemed the lawful standard of weights and measures of the people of this state. [1868]

Sec. 2. Ton.

The ton shall be twenty hundred pounds weight, avoirdupois. [1868]

Sec. 3. Bushel weights; bushel for charcoal; perch of stone; perch of brickwork; foot wall of brick; size of brick; method of measuring inch of water.

Sixty pounds of wheat, fifty-six pounds of rye, fifty-six pounds of Indian corn, seventy pounds of corn in the ear, forty-eight pounds of barley, thirtytwo pounds of oats, sixty pounds of potatoes, sixty pounds of beans, sixty pounds of clover seed, fortyfive pounds of timothy seed, forty-four pounds of hemp seed, fifty-two pounds of buckwheat, fourteen pounds of blue grass seed, fifty pounds of corn meal, fifty-seven pounds of onions, eighty pounds of salt, eighty pounds of lime, eighty pounds of mineral coal, respectively, shall be the standard weight of a bushel of each of the foregoing articles; and twenty-five hundred cubic inches of charcoal shall be the standard measure of a bushel; and a perch of stone in mason work shall be considered sixteen and one-half cubic feet; and for brick work measure, when laid up in wall, shall be counted twenty-two brick per cubic foot for foot wall, and fifteen brick for what is known as eight-inch wall; a common brick to be eight and one-half inches in length, four and one-quarter inches in width, and two and three-eighths inches in thickness; and water sold by the inch by any individual or cor

poration shall be measured as follows, to-wit: Every inch shall be considered equal to an inch square orifice under a five-inch pressure, and a five-inch pressure shall be from the top of the orifice of the box put into the banks of the ditch, to the surface of water; said boxes, or any slot or aperture through which such water may be measured, shall in all cases be six inches perpendicular, inside measurement, except boxes delivering less than twelve inches, which may be with or without slides; square, all slides for the same shall move horizontally and not otherwise; and said box put into the banks of ditch shall have a descending grade from the water in ditch of not less than one-eighth of an inch to the foot. [1868; last amended 1874.]

Sec. 4. Treasurer to procure standards.

It shall be the duty of the treasurer of this state to procure as soon as possible from the proper department of the federal government, all necessary weights and measures for the use of the state, and as soon as he shall receive them, to give public notice through two or more newspapers, for thirty days, to each and every board of county commis sioners in the state, to obtain copies or duplicates of said weights and measures. [1868]

Sec. 5. Equipment: Comparison with standards; approval condemnation.

All vendors and traders in goods, wares and mer chandise, gold dust and other articles of traffic shall within ninety days after the reception of the stand ards by said commissioners, have their balances weights and measures compared with said standard of their respective counties, and approved and marked by the county inspector, and if the sam are found to be correct, to be sealed with the nam or initial letters of the county inscribed thereon or condemned by him if found incorrect. [1868

Sec. 6. Appointment of inspector; bond.

On the first regular meeting of the board of county commissioners in each county in this state, after the passage of sections 1 to 11 of this chapter [Secs. 1-19], and thereafter annually, on the first regular meeting of every year, said county commissioners may appoint a fit and proper person, who shall be styled "Inspector of weights and measures," and shall give bond to the county for the faithful performance of the duties of his office as said commissioners may direct. [1868; last amended 1935.] Sec. 7. Fees of inspector.

Each county board may make out a list of fees to be charged, and which fees, when charged, shall be recoverable in any court, as any other debt or account is recovered. Each county board may also establish the salary or compensation of said inspector. [1868; last amended 1935.]

Sec. 8. Inspector's tools.

It shall be the duty of each county board, as aforesaid, to furnish to each inspector all the necessary tools, marks and brands which he may require, to be paid for out of the county funds. [1868] Sec. 9. Offenses; penalty.

All persons, for the purpose of weighing or measuring goods, wares, merchandise, water or other articles of traffic, actually sold by him, not in accordance with sections 1 to 11 of this chapter [Secs. 1-19], shall be deemed guilty of a misdemeanor, and upon conviction thereof may be imprisoned not exceeding one year, or fined not exceeding one thousand dollars, at the discretion of the court in which the conviction shall be obtained. [1868] Sec. 10. Inspector's duty.

Whenever it shall come to the knowledge of the inspector that any person within his county has violated any of the provisions of sections 1 to 11 of this chapter [Secs. 1-19], it shall be his duty to enter a complaint against him before some magistrate having jurisdiction of the offense thereof, to the end that the offender may be punished and fined according to this law. [1868]

Sec. 12. Weight certificate for coal or coke.

All persons retailing coal or coke in cities of the first or second class, and incorporated towns, whether existing under special charter or otherwise, shall furnish the consignee or purchaser of coal or coke to the amount of one-quarter (1) of a ton or more, a certificate of weight signed by the owner or agent of official city or town scales. [1893]

Sec. 13. Same: Contents.

The certificate as aforesaid shall plainly state the net weight of the wagon or cart on which the coal or coke is loaded, the net weight of the coal or coke on the said wagon or cart, the total weight of the

coal or coke, and wagon or cart, the license number and name of the driver delivering the coal or coke, the name of the dealer, the name of the weighmaster, and the street number of the location of the scales where the certificate may be issued. [1893]

Sec. 14. Same: Penalty.

Any dealer or driver of any wagon or cart delivering coal or coke without the official certificate of the owner or agent of an official city or town scales shall, on conviction, be fined not less than twenty (20) dollars and not over one hundred (100) dollars together with the cost of suit, for each and every offense. Any driver of a wagon or cart, who may be found delivering coal or coke of a less weight than the certificate calls for, shall, on conviction, be fined not less than thirty (30) dollars or confined one (1) month in the county jail, or both, at the discretion of the court, together with the costs of the suit, for each and every offense. Any owner or agent of any official city or town scales who may be found giving a false certificate of the weight of any coal or coke to be delivered, shall, on conviction, be fined not less than fifty (50) dollars and not more than one hundred (100) dollars, together with costs of suit, for each and every offense. [1893]

Sec. 17. Standard containers for small fruits and berries; exceptions.

On and after the first day of November, 1915, A. D., it shall be unlawful for any person, firm or corporation to sell or offer for sale baskets or other open containers for small fruits or berries, filled or unfilled, within the state of Colorado, which shall contain when even full less than one dry quart or sixty-seven and two-tenths (67.2) cubic inches, one pint which shall contain when even full less than thirty-three and six-tenths (33.6) cubic inches, onehalf pint which shall contain when even full less than sixteen and eight-tenths (16.8) cubic inches, or multiples of the dry quart; provided, that nothing herein contained shall prevent the sale of baskets or other open containers for small fruits or berries, filled or unfilled, of smaller than the above sizes if the basket or container is stamped with letters at least three-fourths (34) of an inch in height, "short measure" on both ends or both sides, and also stating the cubical contents of such basket or other open container. [1915]

Sec. 18. Same: Penalty.

Any person, firm or corporation who shall violate any provision of the last preceding section shall be guilty of a misdemeanor, and for each offense upon conviction thereof, be fined not to exceed one hundred (100) dollars, or sentenced to the county jail for not more than twelve (12) months, either or both, in the discretion of the court. [1915]

1935 Statutes Annotated, Vol. 4, Ch. 175-Weights and Measures-Continued.

Sec. 20. Flour, corn meal, hominy and hominy grits: Standard weight containers; exceptions; penalty for violations.

It shall be unlawful for any person, partnership, corporation, company, cooperative society, or organization to pack for sale, sell, offer or expose for sale in this state any of the following commodities except in containers of net avoirdupois weights of five (5), ten (10), twenty-five (25), fifty (50), and one hundred (100) pounds, and multiples of one hundred (100) pounds: Wheat flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meals, hominy and hominy grits; provided, however, that the provisions of this section shall not apply to (a) the retailing of flours, meals, hominy and hominy grits direct to the consumer from bulk stock, or (b) the sale of flours and meals to commercial bakers or blenders or for export in containers of more than one hundred (100) pounds, or (c) flours, meals, hominy and hominy grits packed in containers the net contents of which are less than five (5) pounds, or (d) the exchange of wheat for flour by mills grinding for toll.

Any violation of this section shall constitute a misdemeanor and upon conviction, the offender shall be fined not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) for each offense. [1945]

1935 Statutes Annotated, Vol. 4, Ch. 163, Art. 2Towns and Cities.

Sec. 10. General powers of incorporated towns and cities.

The city council and board of trustees in towns shall have the following powers:

Twentieth-To establish markets and market houses, and provide for the regulation and use thereof. [1877]

Twenty-first-To regulate the sale of meats, poultry, fish, butter, cheese, lard, vegetables and all other provisions, and to provide for place and manner of selling the same. [1877]

Twenty-second-To regulate the sale of bread in the city or town, prescribe the weight and quality of the bread in the loaf. [1877]

Twenty-fourth-To provide for and regulate public scales and to require the vendors of coal, hay, and like articles of merchandise, when requested so to do by the purchaser of such articles, to weigh the same upon the public scales before delivering the same to their customer or vendees. [1877; last amended 1895.]

Twenty-fifth-To provide for the inspection and sealing of weights and measures. [1877]

Twenty-sixth-To enforce the keeping and use of proper weights and measures by vendors. [1877]

Sixty-first-To tax, license and regulate ⚫ public scales, [1877]

1935 Statutes Annotated, Vol. 4, Ch. 163, Art. 3— Cities of the First Class.

Sec. 48. Definition.

Every municipal corporation having a population of twenty-five thousand and upwards shall be a city of the first class; [1877; last amended 1941.]

Sec. 69. Additional powers.

The city council in cities of the first class shall have the following additional powers, to wit:

Fifth-To provide for the inspection, weighing and measuring of lumber and other building material and for the measuring of all kinds of mechanical work.

Ninth To provide for and to regular public sales [scales] and to require the vendors of coal, hay and like articles of merchandise, when requested so to do by the purchasers of such articles, to weigh the same upon such public scales before delivering the same to their customers or vendees. [1891; last amended 1893.]

1935 Statutes Annotated, Vol. 2, Ch. 5, Art. 2— Weighing of Sugar Beets at Factories.

Sec. 14. Farmers' chemist: Appointment; duties.

Hereafter a majority of the farmers raising sugar beets under contract or otherwise, for any sugar factory within the state of Colorado, may and hereby are authorized and empowered to select a thorough and competent chemist examined and certified by the professor of chemistry at the agricultural college of the state of Colorado, to be paid by the farmers employing him. The duties of such chemist shall be to observe the weighing, docking, taking of samples, and analyzing of all beets delivered to the factory for which he is designated, and to observe and investigate all other matters necessary to determine the quantity, quality and value of the beets. Said chemist shall make and keep such records as he deems necessary for the purpose of comparing his readings and observations with the records of the sugar factory and for such other purposes as he may be directed by the farmers. Such chemist shall, further, possess all the powers of an inspector of weights and measures for the purpose of testing all scales used at such sugar factory for weighing sugar beets or any materials used in making analyses of sugar beets. [1913]

1947 Supplement to 1935 Colorado Statutes Annotated, Vol. 2, Ch. 5, Art. 8—“Insecticide, Fungicide and Rodenticide Act of 1947."

Sec. 97(2). Definitions.

For the purpose of this article [Secs. 97 (1) – 97 (13) ]:

(a) The term "economic poison" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, weeds, or other forms of plant or animal life or viruses, except viruses on or in living man or other animals, which the state entomologist shall declare to be a pest.

(p) The term "label" means the written, printed, or graphic matter on, or attached to, the economic poison or device, or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the economic poison or device.

(q) The term "labeling" means all labels and other written, printed, or graphic matter:

(1) Upon the economic poison or device or any of its containers or wrappers;

(2) Accompanying the economic poison or device at any time;

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the retail package, if there be one, through which the required information on the immediate container cannot be clearly read, a label bearing

(c) The net weight or measure of the content subject, however, to such reasonable variations as the state entomologist may permit.

(5)

(c) Notwithstanding any other provisions of this article [Secs. 97 (1)-97 (13) ], an economic poison which is not highly toxic to man may be sold at retail from broken packages of the registrant where registrant's package conforms to law and the seller delivers to purchaser a tag or statement containing

* the net weight or measure of the amount sold, and the name and address of the seller. [1947] Sec. 97(6). Enforcement.

The examination of economic poisons or devices shall be made under the direction of the state entomologist for the purpose of determining whether they comply with the requirements of this article [Secs. 97 (1)-97 (13) ]. [1947]

Sec. 97(8). Penalties.

(b) Any person violating any provision of this article [Secs. 97 (1)-97 (13) ] other than section 97 (3) a (1) shall be guilty of a misdemeanor and upon conviction shall be fined not more than fifty dollars ($50.00) for the first offense and upon conviction for a subsequent offense shall be fined not more than one hundred dollars ($100.00): Provided, that any offense committed more than five years after a previous conviction shall be considered a first offense; and provided, further, that in any case where a registrant was issued a warning by the state entomologist pursuant to the provisions of this article, such registrant shall upon conviction of a violation of any provision of this article other than section 97 (3) a (1) be fined not more than five hundred dollars ($500.00), or imprisoned for not more than one year, or be subject to both such fine and imprisonment; and the registration of the article with reference to which the violation occurred shall terminate automatically. An article the registration of which has been terminated may not again be registered unless the article, its labeling, and other material required to be submitted appear to the state entomologist to comply with all the requirements of this article.

(d) No distributor of any economic poison shall be prosecuted under the provisions of this article if such economic poison was registered in conformity with this article at the time it was purchased by such distributor. [1947]

1947 Supplement to 1935 Colorado Statutes Annotated, Vol. 2, Ch. 5, Art. 8-"Insecticide, Fungicide and Rodenticide Act of 1947”—Continued.

Sec. 97(9). Seizures.

(a) Any economic poison or device that is distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be liable to be proceeded against in any district court in any county of the state where it may be found and seized for confiscation by process of libel for condemnation:

(1) In the case of an economic poison, (a) If it is adulterated or misbranded; (b) If it has not been registered under the provisions of section 97 (4) of this article;

(c) If it fails to bear on its label the information required by this article; [1947]

[ED. NOTE.-Sec. 97 (7) (not included herein) provides for exemptions with respect to economic poisons, including those used officially by State or Federal officials, used experimentally, and intended for export.]

1935 Statutes Annotated, Vol. 2, Ch. 49-Milk and Cream.

Sec. 3. Enforcement officer.

*

The state dairy commissioner1 shall cause to be enforced the provisions of this chapter [Secs. 1-29] and all other state laws regarding the production, manufacture and sale of dairy products. [1913; last amended 1931.]

1 Now Chief of the Dairy Section, Department of Agriculture. See Laws 1949, Ch. 100, Sec. 9, Subdiv. (c), page 163.

Sec. 8. Babcock tests; glassware; offenses.

It shall be unlawful for any person, or persons engaged in buying, selling, testing or handling, or engaged in determining the value of milk, cream or other dairy products by the use of the Babcock test, to give by himself or his agent any false reading of the test or to manipulate the test in any way so as to give a higher or lower per cent. of butter fat than the milk, cream, or other dairy products actually contain, or to cause any inaccuracy in reading the per cent. of butter fat by securing from any quantity of milk, cream or other dairy product to be tested, an inaccurate sample for the test.

*

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 measures 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.

It shall be unlawful for any manufacturer, merchant, dealer or agent to offer for sale or to sell a milk pipette or measure, test tube, or bottle which is inaccurate or not correctly marked or graduated as herein described. [1913; last amended 1923.]

Sec. 13. Weight tickets for milk and cream.

An itemized daily weight ticket covering every shipment of milk or cream shall be furnished with each settlement to the producer or his agent. [1933] Sec. 27. Obstructing officials; penalty.

Whosoever shall refuse to allow the inspection herein provided for or shall in any way hinder or obstruct the proper officers performing their duties hereunder shall be punished by a fine not exceeding one hundred ($100) dollars, or by imprisonment in the county jail not exceeding thirty (30) days. [1913]

Sec. 29. General penalty.

Any person, company, or corporation or any agent or servant of a person, company, or corporation violating any of the provisions of this chapter [Secs. 1-29], for violation of which punishment is not elsewhere herein prescribed, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten dollars ($10) nor more than two hundred dollars ($200) and not over sixty days in jail for each offense. [1913]

1935 Statutes Annotated, Vol. 3, Ch. 58, Art. 2Narcotic Drugs.

Sec. 37. 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, kind, and form of narcotic drug contained therein. [1935]

Sec. 46. Enforcement officers.

It is hereby made the duty of [the] state board of health, its officers, agents, inspectors, and representatives, and of all peace officers within the state, and of all district attorneys, to enforce all provisions of sections 28 to 49 of this chapter [Secs. 1-70], 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. [1935]

Sec. 47. Penalties.

Any person violating any provision of sections 28 to 49, both inclusive, of this chapter [Secs. 1-70] shall, upon conviction, be punished for the first offense by a fine not exceeding three hundred dol

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