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Revised Code 1935, Ch. 83-Sale and Inspection of Bread Stuffs-Continued.

3450. Sec. 7. Exportation from New Castle County without inspection unlawful.

No person shall ship, or load, for exportation from New Castle County to any foreign port, or to any port in the United States where there are no inspection laws, any superfine, or common flour, or middlings, or any rye flour, or Indian corn meal, before the same is duly inspected. [1852]

3451. Sec. 8. Inspection; penalty.

The Inspector shall try the packing and quality, by boring and piercing; or, if necessary, by unpacking. If, on unpacking, the quantity be found insufficient, the miller shall pay all charges of unpacking and repacking, besides the penalty provided in section 2 [Sec. 3445] of this chapter [Secs. 3444. Sec. 1-3456. Sec. 13]; [1852]

Revised Code 1935, Ch. 21, Art. 5-Commercial Feeding Stuffs.

625. Sec. 58. Definition; marking requirements; special tags for violations; penalties; enforcement.

(1) The term "Commercial Feeds" shall be held to include all materials used for feeding animals or birds, except the following:

(a) Unmixed whole seeds or grains; as defined by the U. S. grain standards.

(b) The unmixed meals made directly from and consisting of the entire grains of corn, wheat, rye, barley, oats, buckwheat, flaxseed, kafir, milo, and other seeds or grains.

(c) Whole hays, straws, cottonseed hulls, stover and silage, when unmixed with other materials.

(2) All manufacturers, importers, jobbers, firms, associations, corporations or persons shall before selling, offering or exposing for sale or distributing in this state any brand of commercial feed have printed on, or attached to each bag, package, carton, or can delivered with each bulk lot a plainly printed statement, hereafter referred to as the label, in a conspicuous place on the outside, containing a legible and clearly printed statement in the English language clearly and truly stating:

(a) The net weight of the contents of the package, bag, carton, can or bulk lot;

(9) If it shall appear from the examination of any sample of feed or other evidence that any of the provisions of this Act [625. Sec. 58] have been violated, the State Board of Agriculture or its duly authorized deputy may affix or cause to be affixed to each package of commercial feed appearing to be in violation of any of the provisions of this Act a special tag setting forth that the commercial feed to which the tag is affixed is in apparent violation of the commercial feed law of the State of Delaware and must not be distributed, transported, sold or otherwise disposed of nor may the special tag be

removed, defaced or destroyed without written per mission of the State Board of Agriculture,' and the State Board of Agriculture shall cause notice of such apparent violation to be given to the manufacturer and the dealer from whom said sample was taken; any party so notified shall be given an opportunity to be heard under such rules and regulations as may be prescribed by the State Board of Agriculture. After such hearing, if it appears that any of the provisions of this Act have been violated, the State Board of Agriculture may certify the facts to the proper prosecuting attorney and furnish that officer with a copy of the results of the analysis or other examination of such sample, duly authenticated by the analyst or other agent or officer making the examination, under the oath of such analyst, agent or officer.

(10) Any manufacturer, importer, jobber, firm, association, corporation or person who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent the said State Board of Agriculture or any authorized agent of the said State Board of Agriculture in the performance of his duty in connection with the provisions of this Act [625. Sec. 58], or who shall sell, offer or expose for sale or distribute in this State any commercial feeds as defined in Paragraph 1, without complying with the requirements of the provisions of this Act,

or shall sell, offer, or expose for sale or distribute in this State any commercial feed which carries any false or misleading statements upon or attached to the package, or if the number of net pounds set forth upon the package is not correct, or who shall violate any other provision of this Act, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than fifty dollars ($50.00) for the first violation and not less than fifty dollars ($50.00) for each subsequent violation.

**

(11) The State Board of Agriculture is hereby empowered to enforce the provisions of this Act [625. Sec. 58] and to prescribe and enforce administrative rules, regulations, definitions and standards which shall be in harmony with the provisions of this Act and the official pronouncements of the Association of American Feed Control Officials, Incorporated, and such administrative rules, regulations, definitions and standards when so prescribed shall have all the effect and authority of the remainder of this Act. [1921; last amended 1943.]

Revised Code 1935, Ch. 21, Art. 8-Testing of Milk and Cream.

635. Sec. 68. Testing: Offenses.

It shall be unlawful for any person, association, co-partnership, or corporation, their agents or servants engaged in the business of buying milk or cream on the basis of or in any manner with reference to the amount or percentage of butterfat

contained therein, to take, collect or use for testing purposes an unfair or an inaccurate sample, to underread, overread or erroneously manipulate the test commonly known as the "Babcock test" used for determining the percentage of such fat in said milk or cream, or to use for such test quantities other than seventeen and six-tenths (17.6) cubic centimeters in the case of milk and nine grams or eighteen grams in the case of cream. In all tests of cream, the cream shall be weighed and not measured into the test bottle. [1909]

636. Sec. 69. Test equipment to be inspected.

use

No person, association, copartnership, or corporation, purchasing milk or cream and paying for the same on the basis of the percentage of butterfat contained therein shall, if the percentage of butterfat is ascertained by the said "Babcock test", any test glassware except standard Babcock test glassware and weights which have been previously inspected and approved by the State Board of Agriculture. If the proportion of butterfat is determined by any method other than the "Babcock test" no utensil or instrument shall be used in such determination until the same has been inspected and approved by the State Board of Agriculture. [1909]

642. Sec. 75. Enforcement; rules and regulations.

The State Board of Agriculture shall be charged with the enforcement of the provisions of this Article [Secs. 634. Sec. 67-654. Sec. 87] and the said Board shall have authority to make such rules and regulations as are necessary for the proper enforcement of this Article. Nothing contained in this Section shall be construed to prevent any individual from prosecuting anyone violating any of the provisions of this Article.

For violation of any of the provisions of this Article proceedings may be instituted against the owner or manager who is responsible for the business transacted, together with the certified tester or the person weighing and sampling either or all, to be held equally responsible. [1909]

643. Sec. 76. Penalty for violations.

Any person or persons violating any of the provisions of this Article [Secs. 634. Sec. 67-654. Sec. 87], except Section 68, shall be guilty of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine of not less than ten dollars or more than fifty dollars, or imprisonment in the county jail for not less than ten days or more than thirty days, or both, at the discretion of the court. Any person or persons found guilty of violation of Section 68 of this Article shall be guilty of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine of not less than one hundred dollars or more than one thousand dollars, or im

prisonment in the county jail for not more than nine months. [1909]

645. Sec. 78. Inspection of Babcock test equipment; offenses.

Every person, firm, company, association, corporation, or agent thereof, engaged in the business of buying milk or cream on the basis of, or in any manner with reference to, the amount of percentage of butterfat contained therein, as determined by the "Babcock test," shall use standard "Babcock" bottles, pipettes, and weights, as defined in Section 79 of this Article [Secs. 634. Sec. 67-654. Sec. 87]. All such Babcock test bottles, pipettes, and weights, so used, shall have been inspected for accuracy by the State Board of Agriculture, or its proper officer or agent, and shall be legibly and indelibly marked by the said State Board of Agriculture, or its inspectors of weights and measures, with the letters "S. G. D." (Standard Glassware Delaware), and no Babcock bottle, pipette, or weight, shall be used for such test unless so examined and marked by the said inspectors of weights and measures. It shall be unlawful for any person, persons, firm or company, association, corporation, or any agents, to use any other than standard test bottles, pipettes, and weights, which have been examined and marked as provided in this Section, to determine the amount of fat in milk or cream bought on the butterfat basis as determined by the Babcock test. [1921]

646. Sec. 79. Specifications for Babcock test equipment.

The term "Standard Babcock Testing Glassware" shall apply to glassware and weights complying with the following specifications:

(a) Standard Milk Test Bottles.

GRADUATION. The total per centum graduation shall be eight. The graduated portion of the neck shall have a length of not less than sixty-three and five-tenths millimeters (two and one-half inches). The graduation shall represent whole per centum, five-tenths per centum, and tenths per centum. The tenths per centum graduation shall not be less than three millimeters in length; the five-tenths per centum graduations shall be one millimeter longer than the tenths per centum graduation, projecting one millimeter to the left; the whole per centum graduations shall extend at least one-half way around the neck to the right and projecting two millimeters to the left of the tenths per centum graduations. Each per centum graduation shall be numbered, the number being placed on the left of the scale. The error at any point of the scale shall not exceed one-tenth per centum.

NECK. The neck shall be cylindrical, and the cylindrical shape shall extend for at least nine millimeters below the lowest and above the highest graduation mark. The top of the neck shall be flared to a diameter of not less than ten millimeters.

Revised Code 1935, Ch. 21, Art. 8-Testing of Milk and Cream-Continued.

BULB. The capacity of the bulb up to the junction of the neck shall not be less than forty-five cubic centimeters. The shape of the bulb may be either cylindrical, or conical with the smallest diameter at the bottom. If cylindrical, the outside diameter shall be between thirty-four and thirty-six millimeters; if conical, the outside diameter of the base shall be between thirty-one and thirty-three millimeters, and the maximum diameter between thirty-five and thirty-seven millimeters.

The charge of the bottle shall be eighteen grams. The total height of the bottle shall be between one hundred and fifty and one hundred and sixtyfive millimeters (five and seven-eighths and six and one-half inches).

(b) Standard Cream Test Bottles.

Three types of bottles shall be accepted as standard cream test bottles; a fifty per centum, nine gram, short-neck bottle; a fifty per centum, nine gram, long-neck bottle; and a fifty per centum, eighteen gram, long-neck bottle.

Fifty per centum, nine gram, short-neck bottles: GRADUATION. The total per centum graduation shall be fifty. The graduated portion of the neck shall have a length of not less than sixty-three and five-tenths millimeters (two and one-half inches). The graduation shall represent five per centum, one per centum, and five-tenths per centum. The five per centum graduations shall extend at least half way around the neck to the right. The five-tenths per centum graduation shall be at least three millimeters in length, and the one per centum graduation shall have a length intermediate between the five per centum and the five-tenths per centum graduations. Each five per centum graduation shall be numbered, the number being placed on the left of the scale. The error at any point of the scale shall not exceed five-tenths per centum.

NECK. The neck shall be cylindrical, and the cylindrical shape shall extend at least nine millimeters below the lowest, and nine millimeters above the highest graduation mark. The top of the neck shall be flared to a diameter of not less than ten millimeters.

BULB. The capacity of the bulb up to the junction of the neck shall not be less than forty-five cubic centimeters. The shape of the bulb may be either cylindrical, or conical, with the smallest diameter at the bottom. If cylindrical, the outside diameter shall be between thirty-four and thirty-six millimeters; if conical, the outside diameter of the base shall be between thirty-one and thirty-three millimeters, and the maximum diameter between thirtyfive and thirty-seven millimeters.

The charge of the bottle shall be nine grams. All bottles shall bear on top of the neck, above the graduations, in plainly legible characters, a mark

defining the weight of the charge to be used (nine grams).

The total height of the bottle shall be between one hundred and fifty and one hundred and sixtyfive millimeters (five and seven-eighths and six and one-half inches), same as standard milk test bottles.

Fifty per centum, nine grams, long-neck bottles: The same specifications in every detail as specified for the fifty per centum, nine grams, shortneck bottle, shall apply for the long-neck bottle, with the exception, however, the total height of this bottle shall be between two hundred and ten and two hundred and thirty-five millimeters (eight and one-fourth and eight and seven-eighths inches), and that the total length of the graduation shall not be less than one hundred and twenty millimeters.

Fifty per centum, eighteen grams, long-neck bottles:

The same specifications in every detail as specified for the fifty per centum, nine grams, long-neck bottles, except that the charge of the bottle shall be eighteen grams. All bottles shall bear, on the top of the neck, above the graduation, in plainly legible characters, a mark defining the weight of the charge to be used (eighteen grams).

(c) The Standard Babcock Pipette.

Total length of pipette, not more than three hundred and thirty millimeters (thirteen and onefourth inches). Outside diameter of suction tube, six to eight millimeters.

Length of suction tube, one hundred and thirty millimeters. Outside diameter of delivery tube, four and five-tenths to five and five-tenths millimeters. Length of delivery tube, one hundred to one hundred and twenty millimeters. Distance of graduation mark above bulb, thirty to sixty millimeters. Nozzle, straight. Delivery, seventeen and six-tenths. cubic centimeters of water at twenty degrees Centigrade in five to eight seconds.

(d) Standard Weights.

(1) The standard weights shall be of nine (9) grams and eighteen (18) grams denominations.

(2) Any person violating any of the provisions of Sections 67 to 79, inclusive, of this Article [Secs. 634. Sec. 67-654. Sec. 87], shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten dollars ($10.00) nor more than fifty dollars ($50.00) and pay the costs of prosecution.

(3) The State Board of Agriculture of the State of Delaware, through its inspectors of weights and measures, shall be charged with the enforcement of the provisions of Sections 78 and 79 of this Article. [1921]

Revised Code 1935, Ch. 21, Art. 10-Liming Materials.

667. Sec. 100. Marking requirements.

Any person, manufacturer, corporation, dealer, agent or importer that shall sell, offer or expose for

sale any liming material to be used in agriculture in this State shall affix or cause to be affixed to every package or sample or lot of such liming material in a conspicuous place on the outside thereof a tag, label, stencil or certificate, which shall be accepted as a guarantee of the person, importer, manufacturer, corporation or agent, and which shall have plainly printed thereon in the English language the following information:

1. The net weight of the package or sample, excluding goods shipped in bulk. [1923]

672. Sec. 105. Rules and regulations.

The State Board of Agriculture or its authorized agent or agents are hereby empowered to issue such licenses and to prescribe and enforce such rules and regulations relating to the inspection and sale of liming materials as may be deemed necessary to carry into full effect the intent and meaning of this Article [Secs. 666. Sec. 99-674. Sec. 107] [1923]

674. Sec. 107. Penalty for violations; enforcement.

Any person or persons selling, offering, or exposing for sale, [liming materials], unless accompanied by the statement required by Section 100 [Sec. 667] of this Article [Secs. 666. Sec. 99-674. Sec. 107] or when so accompanied, if the said statements shall be false in any particular, or without having complied with all the foregoing provisions of this Article, shall be guilty of a misdemeanor; and on conviction shall be sentenced to pay a fine of not less than ten, nor more than fifty dollars for the first offense, and not less than one hundred dollars for each subsequent offense. It shall be the duty of the State Board of Agriculture to enforce the provisions of this Article;

[1923]

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importer or party who causes it to be sold, exposed or offered for sale, shall file with the Secretary of State Board of Agriculture, under oath the statement required to be affixed under Section 2 of this Chapter [Secs. 688. Sec. 1-708. Sec. 21]. [1927]

699. Sec. 12. Definition.

The term "Commercial Fertilizer," as used in this Chapter [Secs. 688. Sec. 1–708. Sec. 21], shall be construed to mean any and every substance imported, manufactured, prepared, or sold for fertilizing or manuring purposes, except barnyard and stable manure, marl, lime and wood ashes. [1917] 701. Sec. 14. General penalty.

Any manufacturer or vendor of any commercial fertilizer who shall sell or offer or expose for sale any commercial fertilizer without having previously complied with the provisions of this Chapter [Secs. 688. Sec. 1-708. Sec. 21], as hereinbefore set forth, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than Fifty Dollars nor more than Five Hundred Dollars. [1927]

702. Sec. 15. Penalty for removing or defacing label, or selling without label.

Any company, firm, corporation or person, who shall wilfully remove from or deface or change any label or tag or brand affixed to any package of commercial fertilizer under the provisions of this Chapter [Secs. 688. Sec. 1-708. Sec. 21], before such commercial fertilizer has been used for manurial purposes, or who shall sell such commercial fertilizer without a label or tag being affixed thereto at the time of sale, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than Ten, nor more than Fifty Dollars for each offense. [1927]

704. Sec. 17. General penalty.

Any company, firm, corporation, or person violating any of the provisions of this Chapter [Secs. 688. Sec. 1-708. Sec. 21], or who fails to comply with any of the requirements of this Chapter, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall, when no other penalty is prescribed, be fined not less than Ten nor more than One Hundred Dollars for each offense. But this Chapter shall not be construed to apply to any one who manufactures fertilizer for his own use and not for sale. [1917]

705. Sec. 18. Enforcement.

The Secretary of the State Board of Agriculture shall report to the Attorney General all violations of the provisions of this Chapter [Secs. 688. Sec. 1-708. Sec. 21]. [1917]

Revised Code 1935, Ch. 22-Commercial Fertilizer -Continued.

706. Sec. 19. Rules and regulations; penalty.

The State Board of Agriculture shall have power to adopt such means and to make rules and regulations as they may deem necessary to carry into effect the true intent and meaning of this Chapter [Secs. 688. Sec. 1-708. Sec. 21], and a violation of these rules and regulations shall be deemed a misdemeanor, and shall be punishable by a fine not to exceed One Hundred Dollars at the discretion of the Court. [1917]

Revised Code 1935, Ch. 100, Art. 3-Wood-corder for Towns.

3902. Sec. 7. Duties; sale without corder's measurement; penalty; fee; length of wood.

The Town Commissioners may appoint a woodcorder for the town, who shall by himself, or a deputy, attend, when called on, to measure wood, under penalty of one dollar and fifty cents to anyone who will sue.

If any person shall buy or sell wood, without measurement, in a town where there is a corder, he shall forfeit and pay to such corder one dollar and fifty cents.

The corder's fee for putting up and measuring wood, shall be ten cents per cord, to be paid equally by the buyer and seller.

All such wood shall be of the length of eight, or four feet from the extremity at one end, to the beginning of the carf at the other. [1852]

Revised Code 1935, Ch. 100, Art. 27-Food. 3993. Sec. 98. Unlawful to sell, etc. misbranded article.

It shall be unlawful for any person to manufacture, sell or trade in, within the State of Delaware, any article of food misbranded,

which is

within the meaning of this Article [Secs. 3993. Sec. 98-4009. Sec. 114.] [1921]

3994. Sec. 99. Definitions.

The term "food," as used in this Article, shall include all articles used for food, drink, confectionery or condiment by man or other animal, whether simple, mixed or compound; [1921]

3997. Sec. 102. When deemed misbranded.

For the purposes of this Article [Secs. 3993. Sec. 98-4009. Sec. 114], an article shall also be deemed to be misbranded:

In the case of food:

2. If it be labeled or branded so as to deceive or mislead the purchaser,

3. 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. [1921]

3998. Sec. 103. Guaranty protection.

No dealer shall be prosecuted under the provisions of this Article [Secs. 3993. Sec. 98-4009. Sec. 114] when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party residing in the United States, from whom he purchases such articles, to the effect that the same is not adulterated or misbranded within the meaning of this Article, designating it. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines and other penalties which would attach, in due course, to the dealer under the provisions of this Article. [1921]

3999. Sec. 104. Penalty.

Any person who shall violate any of the provisions of Sections 98 to 104, inclusive, of this Article [Secs. 3993. Sec. 98-4009. Sec. 114] shall be deemed guilty of a misdemeanor, and for each offense shall, upon conviction thereof, be fined not to exceed five hundred dollars, or shall be sentenced to not more than one year's imprisonment, or both such fine and imprisonment in the discretion of the Court, and for each subsequent offense and upon conviction thereof shall be fined not more than one thousand dollars, or sentenced to one year's imprisonment, or both such fine and imprisonment, in the discretion of the Court. [1921]

4000. Sec. 105. Exceptions.

The provisions of this Article [Secs. 3993. Sec. 98-4009. Sec. 114], shall not apply to articles of food, or to mixtures or compounds of foods, offered for sale in this State, when prepared, labeled, branded, or inspected, in compliance with the Federal Laws and department regulations established thereunder. [1921]

4002. Sec. 107. Enforcement; rules and regulations.

It shall be the duty of the State Board of Health of the State of Delaware to enforce all the provisions of this Article [Secs. 3993. Sec. 98-4009. Sec. 114], and to promulgate rules and regulations to carry out the same so far as they relate to foods; *. The rules and regulations officially prescribed for the enforcement of the Act of Congress,

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