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General Statutes, Revision of 1949, Vol. III, Title 50, quantity of such commodity less than that received

Ch. 323–Weight and Measurement of Specific Arti- by him; or who shall sell or offer or expose for sale cles Continued.

any commodity in a manner contrary to the pro

visions of the statutes; or who shall sell or offer for county jail not more than one year or be both fined and imprisoned. [1945]

sale or have in his possession for the purpose of

selling any device or instrument to be used to, or General Statutes, Revision of 1949, Vol. III, Title 50, calculated to, falsify any weight or measure, shall,

Ch. 324—General Provisions Relating to Weights upon a first conviction, be fined not less than twenty and Measures.

dollars nor more than two hundred dollars or Sec. 6773. Standards of weights and measures.

imprisoned not more than three months or be both

fined and imprisoned. Upon any subsequent conThe weights and measures received from the

such person shall be fined not less than United States under a resolution of Congress ap

fifty dollars nor more than five hundred dollars proved June 14, 1836, and such new weights and

or imprisoned in the county jail not more than one measures as shall be received from the United

year or be both fined and imprisoned. Any person States as standard weights and measures in addition

who shall hinder or obstruct the commissioner of thereto or in renewal thereof, and such as shall be

weights and measures or any inspector or any county supplied by the state in conformity therewith and

or city sealer in the performance of his official duties certified by the national bureau of standards, shall

shall be fined not less than two dollars nor more be the state standards, by which all county and

than two hundred dollars or imprisoned not more municipal standards of weights and measures shall

than ninety days or be both fined and imprisoned. be tried, proved and sealed. [1846]

Any person who shall impersonate the commissionSec. 6774. Seals and tags: Definitions.

er of weights and measures or any inspector or any The word "seal", when used in statutory pro

county or city sealer, by use of his seal or a counter

feit of his seal, or otherwise, shall be fined not less visions relating to weights and measures, shall mean

than one hundred dollars nor more than five huna mark of identification which may, in the form of

dred dollars or imprisoned not more than one year a stamped impression, paster, wafer or certificate,

or be both fined and imprisoned. be attached to, or made a part of, any weighing or

[1930; last

amended 1937.] measuring instrument or device, by a sealer of weights and measures, as visible evidence that the General Statutes, Revision of 1949, Vol. I, Title 6, device or instrument bearing such mark of iden- Ch. 27–Public Weighers and Measurers. tification has been legally tested, found correct and

Sec. 609. Duties of public weighers. sealed by such sealer. The word "tag", when so used, with respect to weighing or measuring instru

Each public weigher, upon payment of his lawments or devices, shall mean a mark, label, tag or

ful fees, shall accurately weigh any heavy or bulky certificate indicating that the instrument or device

article of merchandise brought to him for that to which it is attached is defective and illegal for

purpose, and sign and give a certificate of its weight use. [1937] (

to the person bringing the same. [1842]

Sec. 610. Scales and fees. Sec. 6775. Penalties.

Towns in which public weighers are appointed Any person, who, by himself or by his servant or

shall make such regulations relative to the scales agent or as the servant or agent of another, shall offer or expose for sale, sell or use in the buying

and other apparatus to be used by such weighers

as they may deem necessary for the public protecor selling of any commodity or thing or for hire or reward or shall retain in his possession a false

tion and convenience, and prescribe the fees, not weight or measure or weighing or measuring device

exceeding twenty cents for each weighing, to be or any weight or measure or weighing or measuring

paid to such weighers, half by the seller and half device which shall not have been sealed by the

by the purchaser, or may delegate to the selectmen sealer of weights and measures within one year; or

the powers and duties specified in this section; and

the rate of fees so established shall be recorded in who shall dispose of any condemned weight, meas

the town records and shall not be changed during ure or weighing or measuring device contrary to the time for which such weighers are appointed. the provisions of the statutes; or shall tamper with,

(1842] mark, deface, remove, forge or counterfeit any seal or tag attached to a weighing or measuring instru

Sec. 611. Penalties. ment or device by a sealer of weights and measures; Any public weigher who wilfully neglects to or who shall sell or offer or expose for sale less than weigh any article legally brought to him for that the quantity he shall represent; or who shall buy purpose and to give a certificate of the weight and receive any commodity the weight or measure thereof according to law, except in a matter in of which is determined by weights or measures of which he has an interest, or who gives a certificate the purchaser and shall give credit or pay for a of the weight of any article in which he has an

interest, and any person selling any heavy or bulky article of merchandise, usually sold by weight, who, upon the request of any purchaser thereof who shall offer to pay for the weighing of same, refuses to have the same weighed by a public weigher in the town where such purchaser resides, shall be fined five dollars. (1842] Sec. 612. Duties of measurers of wood.

The selectmen of each town may appoint annually, and oftener if necessary, two or more of its inhabitants to be measurers of wood offered for sale within the town, who shall be duly sworn, and receive such compensation for their services as the town may prescribe; and any of them, on request of the owner of any wood so offered for sale, shall, without delay, measure it and sign and give him a certificate of its quantity. [1834] General Statutes, Revision of 1949, Vol. I, Title 17,

Ch. 113–Sale of Gasoline and Motor Oils.

Sec. 2546. Standard gallon; sealing of vehicle tanks and meters; delivery tickets; exceptions; penalty.

(a) The standard gallon shall be the unit of measurement for all sales of gasoline, kerosene, fuel oils or similar substances sold or offered for sale for the purpose of creating power or heat, and each retail delivery of gasoline in a quantity of fifty gallons or more and each retail delivery of kerosene, fuel oil or similar substance in a quantity of five gallons or more shall be the complete contents of a vehicle tank or it shall be through a meter. Each such tank or meter shall be sealed by a sealer of weights and measures before being used. The term "vehicle tank," as used herein, shall mean a container, which may or may not be subdivided into two or more compartments, mounted upon a wagon or motor truck and used for the delivery of such fluids. The term "compartment” shall mean the entire tank whenever the tank shall not be subdivided; otherwise it shall mean any one of those subdivided portions of the tank which are designed to hold such fluids. Each delivery shall be accompanied by a delivery ticket and a duplicate thereof, on which shall be distinctly expressed in ink or other indelible substance, in gallons, the quantity of such fluid so delivered, with the name of the seller and the name of the purchaser of such fluid. One of such tickets shall be surrendered, upon demand, to the sealer of weights and measures, for his inspection, and such ticket or, when the sealer desires to retain the original ticket, a measure slip issued by the seller or his agent, shall be delivered to the purchaser or his agent or representative at the time of the delivery of such fluid, and the other ticket shall be retained by the seller. If the purchaser or his agent take such' fluid from the place of purchase, a delivery ticket showing the actual number of gallons delivered shall be given to the purchaser or his agent, at the time of deliv

888243–51-12

ery. The method of determining the number of gallons of any such fluid delivered shall be by measuring the same in measures that have been tested and sealed by a sealer of weights and measures. (b) The provisions of this section shall not apply to barge, railroad tank car or drum delivery. (c) Any person who, by himself or by his agent or employee, or as the employee or agent of another, violates any provision of this section, shall be subject to the penalties provided in section 67752, [1935; last amended 1937.) 1 Sec. 6775, see page

172. General Statutes, Revision of 1949, Vol. II, Title 21,

Ch. 138—Standard Packages for Farm Products. Sec. 3065. Establishment of standards.

The commissioner of farms and markets is authorized to

establish and maintain standard packages

for farm and horticultural crops, including poultry and poultry products, such standards, as far as possible, to be identical with similar standards established under authority of the congress of the United States.

[1921; last amended 1945.) Sec. 3070. Rules and regulations.

The commissioner (of farms and markets) may prescribe rules and regulations for carrying out the provisions of sections 3065

(1927] General Statutes, Revision of 1949, Vol. II, Title 21,

Ch. 140—Containers for Apples. Sec. 3086. Definitions.

The word "person," as used in this chapter (Secs. 3086–3093], shall include persons, firms, corporations, societies and associations, and the acts of agents and employees shall be construed to be the acts of their principles and employers as well as of the agents and employees. The words "closed package" shall mean a barrel, box or other container the contents of which cannot be sufficiently seen for the purposes of inspection without opening the container. Apples packed in closed or open packages shall be deemed to be misbranded if their measure, quality or grade shall not conform in every particular to the brand or mark upon or affixed to the package or if the faced or shown surface shall give a false representation of the contents of the package. [1919) Sec. 3087. Enforcement.

The commissioner of farms and markets shall have authority to enforce the provisions of this chapter [Secs. 3086–3093).

(1921] Sec. 3088. Standard barrels; standard bushel; other containers.

The standard barrel of apples shall be of the following dimensions when measured without distention of its parts: Length of stave, twenty-eight and one-half inches; diameter of head, seventeen

General Statutes, Revision of 1949, Vol. II, Title 21,

Ch. 140—Containers for Apples—Continued. and one-eighth inches; distance between heads, twenty-six inches; circumference of bulge, sixty-four inches, outside measurement, and the thickness of staves not greater than four-tenths of an inch; provided any barrel of a different form having a capacity of seven thousand and fifty-six cubic inches shall be a standard barrel. The standard bushel for apples shall be a container having a capacity of not less than one United States standard bushel or twenty-one hundred fifty and forty-two hundredths cubic inches. Containers for apples other than the standard barrel or bushel shall be marked in terms of capacity or count. [1919] Sec. 3092. Penalty for violations.

Any person who shall misbrand or pack, repack, sell, distribute or offer or expose for sale or distribution apples in violation of any provision of this chapter (Secs. 3086–3093), or who shall wil. fully alter, efface or remove or cause to be altered, effaced or removed, wholly or partly, any brands or marks required to be put upon a closed package under the provisions of this chapter, shall be fined not more than fifty dollars for the first offense and not more than two hundred dollars for each subsequent offense. [1919] Sec. 3093. Guaranty protection.

No person who shall sell or distribute or offer or expose for sale or distribution misbranded apples shall be deemed to have violated any of the provisions of this chapter (Secs. 3086–3093) if it shall appear that he acted in good faith solely as a distributor, or if he shall furnish a guaranty signed by the person from whom he received the apples, with the address of such person, that the apples are not misbranded. In

any
such case, the person

from whom the distributor received the apples shall be liable for the acts of the distributor who relied upon

his guaranty to the same extent as the distributor would have been liable under the provisions of this chapter. [1919] General Statutes, Revision of 1949, Vol. II, Title 21,

Ch. 144—Testing and Weighing of Milk and

Cream. Sec. 3179. Babcock test: Fraudulent manipulation; penalty.

No person, firm or corporation, or agent or servant thereof, engaged in the business of buying milk or cream on the basis of the percentage of butterfat contained therein, shall under-read, over-read or otherwise fraudulently manipulate the samples or the test commonly known as the “Babcock test" used for determining the percentage of such fat in such milk or cream, or falsify the record thereof,

or use for such test any other pipette than the standard 17.6 milliliters pipette in the case of milk. In all tests of cream, the cream shall

be weighed and not measured into the test bottle, using nine grams or eighteen grams. Any person, firm or corporation, or agent or employee thereof, violating any provision of this section shall be fined not less than twenty-five dollars nor more than five hundred dollars or imprisoned not more than twelve months or be both fined and imprisoned. [1927; reenacted 1949.] Sec. 3182. Weighing.

Each person, firm or corporation engaged in the business of buying milk or cream by weight shall have such milk or cream weighed by a licensed weigher. Each licensed weigher shall post his license in plain view in the room where the weighing is done. The commissioner (of farms and markets) may revoke such license for failure to post it as above mentioned or for any other just cause. Each such license which shall have been revoked shall be returned to the commissioner. [1927; last amended 1945.] Sec. 3187. Examination of apparatus.

The commissioner (of farms and markets and his agents are authorized to enter the premises and to examine the test and weight records and testing apparatus of any person, firm or corporation for the purpose of carrying out the provisions of sections 3177 to 3190, inclusive. [1927; last amended 1945.] Sec. 3191. Babcock milk-test bottles; penalty.

No person or corporation buying milk or cream and making payments therefor based on the results of the Babcock test shall use any bottle or pipette for the purpose of determining the relative or proportional amount of butter-fat of any milk or cream, unless such bottle or pipette shall have been tested and stamped as accurate by the Connecticut Agricultural Experiment Station at New Haven. Any person who violates any provision of this section shall be fined not less than seven dollars nor more than two hundred dollars or imprisoned not more than six months or be both fined and imprisoned. (1901] Sec. 3200. Measurement of milk or cream; penalty.

All sales of milk or cream shall be made by wine measure.

Any person who violates any provision of this section shall be fined seven dollars for each offense. [1907]

( Sec. 3208. Rules and regulations relating to milk.

The milk regulation board may, after public hearing, make, amend, repeal or suspend rules and regulations, concerning the production, transportation, processing, handling, sampling, examination, grading, labeling, regrading and sale of milk and milk products,

For the purposes of this section, “milk” shall mean cow's milk or goat's milk

(1935; last amended 1939.)

marked weight of such loaves. Any person who, by himself or his agent or servant, violates any provision of this section

shall, upon the first conviction, be fined not more than two hundred dollars and, upon a subsequent conviction, be fined not more than five hundred dollars or imprisoned not more than six months or both. [1923; reenacted 1949.) General Statutes, Revision of 1949, Vol. II, Title 30,

Ch. 186—"Connecticut Food, Drug and Cosmetic Act.

Sec. 3930. Definitions.

(d) "commissioner" shall mean the commissioner of food and drugs and "director" shall mean the director of the agricultural experiment station;

General Statutes, Revision of 1949, Vol. II, Title 30,

Ch. 185—Butter and Bread.
Sec. 3892. Print butter: Marking requirements.

No person shall, by himself, his servant or agent, sell or offer or expose for sale, or have in his possession with intent to sell, any print butter unless the package or wrapper containing the same shall have conspicuously printed thereon, in letters or figures not less than one-half inch in height, in plain Gothic type, the net weight of the butter contained therein. Any person who shall violate any provision of this section shall be fined not more than twenty-five dollars. [1909] Sec. 3893. Bread weights and marking requirements.

The word "bakery" is defined, for the purpose of this section and of chapter 192, as follows: A building or part of a building wherein is carried on the production of bread, cakes, doughnuts, crullers, pies, cookies, crackers, spaghetti, macaroni, or other food products made either wholly or in part of flour or meal, and including all frozen or canned baked goods. All restaurants, hotels, private institutions, home bakeries, establishments operating doughnut frying equipment and other similar places, offering their products for sale, shall be included. Standard loaves of bread, produced in any bakery and procured or kept for the purpose of sale, offered or exposed for sale or sold, shall be of the following standard avoirdupois weight: One pound or additional fraction of one pound up to a maximum of four pounds. The provisions of this section shall not apply to biscuits, buns, crackers, rolls or loaves weighing less than one-quarter pound per unit, or to what is commonly known as "stale" bread, and sold as such, provided the seller at the time of sale shall expressly state to the buyer that the bread so sold is stale bread. Loaves of bread produced in any bakery which shall weigh less than the standard minimum weight of one pound herein provided for, which shall be procured or kept for the purpose of retail sale, offered or exposed for sale or sold, shall have their weight plainly and conspicuously stated in one of the following ways: The weight marks on such wrappers or labels shall be printed in plain, heavy, gothic, capital letters and figures not less than five thirty-seconds of an inch in height and shall not be affixed to the loaf in a manner or with a gum or paste which is unwholesome or insanitary. Bread when wrapped in the bakery for the purpose of retail sale shall bear labeling showing an accurate determination of weight in the same manner as heretofore provided. No loaf of bread shall be produced in any bakery which shall, within twelve hours after baking, vary more than one ounce per pound below the standard or marked weight. The weight of twelve loaves of bread selected at random shall not be less than the total of the standard of

(f) "food" shall mean (1) articles used for food or drink for man or other animals and (2) chewing gum, and (3) articles used for components of any such article;

(g) "drug" shall mean (1) articles recognized in the official United States pharmacopoeia, official homeopathic pharmacopoeia of the United States or official national formulary, or any supplement to any of them; (2) articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; (3) articles, other than food, intended to affect the structure or any function of the body of man or any other animal; and (4) articles intended for use as a component of any article specified in this subsection; but shall not include devices or their components, parts or accessories;

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(k) "label" shall mean a display of written, printed or graphic matter upon the immediate container of any article, provided a requirement made by or under authority of this chapter (Secs. 3929– 3956] that any information or other word or statement appear on the label shall not be considered to be complied with unless such information or other word or statement also appears on the outside container or wrapper, if any there be, of the retail package of such article, or is easily legible through the outside container or wrapper;

(1) "immediate container" shall not include package liners;

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General Statutes, Revision of 1949, Vol. II, Title 30, the penalties of subsection (a) of this section for

Ch. 186—"Connecticut Food, Drug and Cosmetic having violated subsection (a) or (c) of section Act"-Continued.

3931 if he shall establish a guaranty or undertaking (m) "labeling” shall mean all labels and other signed by and containing the name and address of written, printed or graphic matter (1) upon any the person residing in this state from whom he article or any of its containers or wrappers or (2)

received the article in good faith, to the effect that accompanying such article, provided, if an article such article is not adulterated or misbranded within be alleged to be misbranded because the labeling

the meaning of this chapter (Secs. 3929–3956). In is misleading, or if an advertisement be alleged to such guaranty this chapter shall be designated by

title. be false because it is misleading, then, in determin

[1939] ing whether the labeling or advertisement is mis

Sec. 3934. Seizure. leading, there shall be taken into account, among (a) Whenever the commissioner fof food and other things, not only representations made or suggested by statement, word, design, device or sound,

drugs) or his duly authorized agent shall find, or

have probable cause to believe, that any food, drug, or any combination thereof, but also the extent to

device or cosmetic is offered or exposed for sale, or which the labeling or advertisement fails to reveal facts material in the light of such representations

held in possession with intent to distribute or sell,

or is intended for distribution or sale in violation [1939; last amended 1941.]

of any provision of this chapter (Secs. 3929–3956), Sec. 3931. Prohibited acts.

whether it is in the custody of a common carrier or The following acts and the causing thereof shall

any other person, he may affix to such article a tag be prohibited: (a) the sale in intrastate commerce

or other appropriate marking, giving notice that of any food, drug, device or cosmetic that is adul

such article is, or is suspected of being, in violation terated or misbranded; (b) the adulteration or

of this chapter and has been embargoed. Within misbranding of any food, drug, device or cosmetic

twelve days after an embargo has been placed upon in intrastate commerce; (c) the receipt in intra

any article, the embargo shall be removed by the state commerce of any food, drug, device or cos

commissioner or a summary proceeding for the con

fiscation of the article shall be instituted by the metic that is adulterated or misbranded, and the sale thereof in such commerce for pay or otherwise;

commissioner.

[1939; last amended 1947.) (g) the refusal to permit entry or inspec- Sec. 3936. Minor violations. tion as authorized by section 3954; (h) the giving

Nothing in this chapter [Secs. 3929–3956) shall of a guaranty or undertaking in intrastate com- be construed as requiring the commissioner (of merce, referred to in subsection (c) of section 3933, food and drugs to report, for the institution of that is false; [1939)

proceedings under this chapter, minor violations of Sec. 3932. Injunction.

this chapter, whenever he shall believe that the In addition to the remedies hereinafter provided,

public interest will be adequately served in the

circumstances by a suitable written notice or warnthe commissioner (of food and drugs) is authorized

ing. (1939) to apply to the superior court for, and such court shall have jurisdiction upon hearing and for cause Sec. 3938. Standards of fill of container. shown to grant, a temporary or permanent injunc- Whenever the commissioner fof food and drugs tion restraining any person from violating any pro- and director (of the agricultural experiment stavision of section 3931, irrespective of whether or tion) shall agree that such action will promote not there exists an adequate remedy at law. [1939] honesty and fair dealing in the interest of conSec. 3933. Penalties; guaranty protection.

sumers, they, acting jointly, shall promulgate regu

lations fixing and establishing for any food or class (a) Any person who violates any provision of

of food a reasonable definition and standard of section 3931 shall, on conviction thereof, be im

identity or a reasonable standard of quality or reaprisoned not more than six months or fined not

sonable standards of fill of container, or any two more than five hundred dollars or both; but, if the

or all of such definitions or standards. violation be committed after a conviction of such

[1939] person under this subsection has become final, such person shall be imprisoned not more than one year Sec. 3940. Food: When deemed misbranded. or fined not more than one thousand dollars or A food shall be deemed to be misbranded: (a) both. (b) Notwithstanding the provisions of sub- If its labeling shall be false or misleading in any section (a) of this section, any person who violates particular;

(d) if its container shall be any provision of section 3931, with intent to de- so made, formed or filled as to be misleading; (e) fraud or mislead, shall be imprisoned not more than if in package form, unless it shall bear a label conone year or fined not more than one thousand

taining

(2) an accurate statement of dollars or both. (c) No person shall be subject to the quantity of the contents in terms of weight,

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