approved June 30, 1906,1 entitled "An Act for preventing the manufacture, sale or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines and liquors, and for regulating traffic therein and for other purposes", and Acts amendatory thereof, so far as applicable, shall be adopted by the said officials for the enforcement of said Article. [1921]

1 Superseded by the Federal Food and Drug Act of June 25, 1938, U. S. C., Title 21, Secs. 301 et seq.; 52 Stat. at Large 1040 et seq.

Revised Code 1935, Ch. 100, Art. 42-Narcotic Drugs.

4094. Sec. 199. 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]

4104. Sec. 209. Enforcement; penalty for violations.

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 the Attorney General, to enforce all provisions of this Article [Secs. 4087. Sec. 192-4104. Sec. 209], 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.

Any person who violates or fails to comply with any of the provisions or requirements of this Article shall upon conviction be deemed guilty of a misdemeanor, and shall be punished by a fine of not more than Three Thousand Dollars ($3,000.00) or by imprisonment for not more than ten years, or both, in the discretion of the Court. The Municipal Court of the City of Wilmington shall have concurrent jurisdiction of all violations of the provisions and requirements of this Article occurring

within the corporate limits of the City of Wilmington. [1935]

Laws 1943, Vol. 44, Ch. 67-Purchase and Sale of Lima Beans, Peas, etc. for Canning or Processing.

Sec. 1. Weight or measure determined according to standard weights and measures.

Whenever any lima beans, peas or other leguminous vegetables are purchased and sold in this State for canning or processing or any other kindred purpose whatever, either within or without this State, and one of the factors determining the purchase price to be paid therefor is the weight or measure thereof, after being severed and/or hulled from the vines, then in all such instances the weight or measure thereof, as the case may be, shall be determined according to standard weights and measures established by the appropriate Laws of this State with reference thereto. Such weight or measure, as the case may be, shall, in all such instances, be determined openly and, should he so require, in the presence of the seller or the seller's representative. Such weight or measure, as the case may be, shall, in all such instances, be determined at the place or Viner Station [at] which such lima beans, peas or other leguminous vegetables, as aforesaid, are vined and/or hulled. [1943]

Sec. 3. Penalty for violations.

Any person, firm or corporation, and any employee, servant or agent of any person, firm or corporation, who shall violate any of the provisions of this Act [Secs. 1–3] shall be guilty of a misdemeanor and upon conviction thereof shall be punished for the first offense by a fine of not less than Ten Dollars ($10.00) nor more than Fifty Dollars ($50.00) or by imprisonment of not more than ten (10) days or by both fine and imprisonment in the discretion of the Court and for the second and each subsequent offense to be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Fifty Dollars ($250.00), or by imprisonment for not more than two (2) months, or by both fine and imprisonment in the discretion of the Court. [1943]

[ED. NOTE. This compilation of weights and measures laws for the District of Columbia includes only those acts, general and permanent in their nature, enacted specifically for the District of Columbia. It should be noted that the Federal Food, Drug, and Cosmetic Act (pp. 26-34) specifically defines "interstate commerce" as, among other things, "commerce within the District of Columbia," and the terms of that act are therefore applicable to transactions within the District of Columbia.]

Code, 1940 Edition, Title 10, Ch. 1-Weights, Measures, and Markets.

Sec. 10-101. Department of Weights and Measures established; custody of standards.

There is hereby created an executive department in the government of the District of Columbia which shall be known as the Department of Weights, Measures, and Markets. Such department shall be in charge of a Superintendent 1 of Weights, Measures, and Markets, who shall be appointed by and be under the direction and control of the Commissioners of the District of Columbia. He shall have the custody and control of such standard weights and measures of the United States as are now or

shall hereafter be provided by the District of Columbia, which shall be the only standards for weights and measures in said District.

The commissioners are also authorized to appoint, on the recommendation of the superintendent, such assistants, inspectors, and other employees for which Congress may, from time to time, provide. [1921; last amended 1923.]

1 Title of Superintendent of Weights, Measures, and Markets changed to Director; see Sec. 10-101a.

Sec. 10-101a. Title of Superintendent of Weights, Measures, and Markets changed to Director.

After April 11, 1946, the Superintendent of Weights, Measures, and Markets shall be known as the Director of Weights, Measures, and Markets. [1946]

Sec. 10–102. Bond of superintendent.

The superintendent 1 shall, before entering upon the performance of his duties, give bond to the District of Columbia in the penal sum of $5,000, signed by two sureties or by a bonding company,

Code, 1940 Edition, Title 10, Ch. 1-Weights, Measures, and Markets-Continued.

to be approved by the Commissioners, conditioned on the faithful discharge of the duties of his office, and shall take and subscribe an oath or affirmation before the commissioners that he will faithfully and impartially discharge the duties of his office, which bond and oath shall be deposited with the Commissioners. [1921]

1 Title of Superintendent of Weights, Measures, and Markets changed to Director; see Sec. 10-101a.

Sec. 10-103. Powers and duties of superintendent.

The Superintendent1 and, under his direction, his assistants and inspectors, shall have exclusive power to perform all the duties provided in sections 10-101 to 10-120, 10-122 to 10-134, They shall, at least every six months, and oftener when the Superintendent thinks proper, inspect, test, try, and ascertain whether or not they are correct, all weights, scales, beams, measures of every kind, instruments or mechanical devices for weighing or measuring, and all tools, appliances, or accessories connected with any or all such instruments or mechanical devices for weighing or measuring used or employed in the District of Columbia by any owner, agent, lessee, or employee in determining the weight, size, quantity, extent, area, or measurement of quantities, things, produce, or articles of any kind offered for transportation, sale, barter, exchange, hire, or award, or the weight of persons for a charge or compensation, and shall approve and seal, stamp, or mark, in the manner prescribed by the Commissioners, such devices or appliances as conform to the standards kept in the office of the Superintendent, and shall seize and destroy or mark, stamp, or tag with the word "condemned" such as do not conform to the standards, and shall also mark the date of such condemnation upon the same. Any weight, scale, beam, measure, weighing or measuring device of any kind which shall be found to be unsuitable for the purpose for which it is intended to be used or of defective construction or material shall be condemned. No person shall use or, having the same under his control, shall permit to be used for any of the purposes enumerated in said sections any weight, scale, beam, measure, weighing or measuring device whatsoever unless the same has been approved in accordance with the provisions of said sections within six months prior to such use, or that does not conform to the standards kept in the office of the Superintendent of Weights, Measures, and Markets, or that does not bear the approval seal, stamp, or mark prescribed by the Commissioners, or which, having been condemned, has not thereafter been approved as provided in said sections.

Any person who shall acquire or have in his possession after the passage of sections 10-101 to 10-120, 10-122 to 10-134, any scale, weighing

instrument, or nonportable measure or measuring device, subject to inspection or test under the provisions of said sections, which has not been approved in accordance with the provisions of said sections within six months prior to acquisition or possession and which does not bear the approval seal, stamp, or mark prescribed by the Commissioners, shall notify the Superintendent in writing at his office, giving a general description thereof, and the street and number or other location where same may be found, and it shall be the duty of the Superintendent to cause the same to be inspected and tested within a reasonable time after receipt of such notice. Any person who shall acquire or have in his possession after the passage of said sections any portable measure or measuring device, subject to inspection or test under the provisions of said sections, which has not been approved in accordance with the provisions of said sections within six months prior to acquisition or possession and which does not bear the approval seal, stamp, or mark prescribed by the Commissioners shall cause the same to be taken to the office of the Superintendent for inspection and test.

*

Every peddler, hawker, huckster, transient merchant, or other person with no fixed or established place of business shall, before using any weight, scale, measure, weighing or measuring device for any of the purposes enumerated in sections 10-101 to 10-120, 10-122 to 10-134, cause the same to be taken to the office of the Superintendent for inspection and test semi-annually, and shall not use for the purposes herein mentioned any weight, scale, measure, weighing or measuring device which has not been approved within six months prior to the time of such use, and does not bear the approval seal, stamp, or mark prescribed by the Commissioners. [1921; last amended 1945.]

1 Title of Superintendent of Weights, Measures, and Markets changed to Director; see Sec. 10-101a.

Sec. 10-103a. Advancement of moneys for investigational work.

The Disbursing Officer of the District of Columbia is authorized to advance to the Director of the Department of Weights and Measures, and Markets, upon requisition previously approved by the Auditor of the District of Columbia, sums of money, not exceeding $200 at any one time, to be used exclusively in connection with investigations and detection of short weights and measures. [1948]

Sec. 10–104. Approval of altered or repaired equipment.

No person shall use or, having the same under his control, permit to be used, any weight, scale, measure, weighing or measuring device, or any attachment or part thereof after the same has been altered or repaired without the same having been inspected and approved as provided in sections 10-101 to 10-120, 10–122 to 10–134,

after such alterations or repairs have been made,

and no persons shall alter, obliterate, detach, obscure, or conceal any condemnation seal, stamp, mark, tag, or label, attached or impressed by the superintendent1 or any of his assistants or inspectors, without written permission of the superintendent. [1921]

1 Title of Superintendent of Weights, Measures, and Markets changed to Director; see Sec. 10-101a.

Sec. 10-105. Refusal to allow tests.

No person shall neglect, fail, or refuse to exhibit any weight, scale, beam, measure, weighing or measuring device, subject to inspection or test under the provisions of sections 10-101 to 10-120, 10–122 to 10-134, to the superintendent 1 or any of his assistants or inspectors for the purpose of inspection and test, and no person shall in any manner obstruct, hinder, or molest the superintendent or any of his assistants, inspectors, or other employees in the performance of their duties. [1921]

1 Title of Superintendent of Weights, Measures, and Markets changed to Director; see Sec. 10-101a.

Sec. 10-106. Records.

The superintendent shall keep in his office a record of weighing and measuring devices inspected, which record shall show the type of device, the name and address of the owner, the date of inspection, and whether the same was approved or condemned. Such record shall be open to the public during regular office hours. [1921]

1 Title of Superintendent of Weights, Measures, and Markets changed to Director; see Sec. 10-101a.

Sec. 10-107. False weight, measure, or count prohibited.

No person shall sell, offer for sale, keep, or expose for sale anywhere in the District of Columbia any commodity of any kind as a weight, measure, or numerical count greater than the actual or true weight, measure, or numerical count thereof, and no person shall take or attempt to take more than the actual and true weight, measure, or numerical count of any commodity, when, as buyer, he is permitted by the seller to determine the weight, measure, or numerical count thereof. No person shall charge or collect for any commodity or commodities a sum greater than the price or prices indicated or quoted at the time of sale. No person shall charge, collect, or accept any money for any commodity which he shall not have delivered or which he shall not have agreed to deliver. When a whole number or fraction, or both, are used in representing the price or quantity of any commodity, thing, or service offered or exposed for sale, such number or combination of numbers shall be of such size as to indicate clearly the price or quantity of such commodity, thing or service. [1921; last amended 1945.]

Sec. 10-108. Sales by net weight; ton defined.

When any commodity is sold by weight it shall be net weight. When any commodity is sold by the ton, it shall be understood to mean two thousand pounds avoirdupois. [1921; last amended 1945.]

Sec. 10-109. Coin-in-the-slot machines.

No person, firm, or corporation shall erect, operate, or maintain, or cause to be erected, operated, or maintained within the District of Columbia any coin-in-the-slot machine or automatic vending device without placing in charge thereof some responsible person. No such machine shall be maintained for use when the same is not in perfect working order, and the person in charge as well as the owner of such machine or device shall be held responsible for operating or maintaining any such machine or device which is not in perfect working order. A sign or placard shall be placed on every such machine or device in a conspicuous place and shall contain the name and business address of the owner and of the person in charge of such machine or device, and shall state that the person in charge of such machine or device will refund to any person money deposited by him for which the commodity or service promised expressly or impliedly has not been reecived, and such person shall so refund such money. [1921]

Sec. 10-110. Sales tickets: Furnished on request; contents.

Every person, firm, or corporation shall, when a sales ticket is given with a purchase, cause such sales ticket to show the correct name and address of such person, firm, or corporation and the weight, measure, or numerical count, as the case may be, of each commodity sold to the purchaser, and every such person, firm, or corporation is hereby required to deliver such sales ticket to such purchaser when requested to do so by such purchaser at the time of the sale. [1921]

Sec. 10-111. Coal, charcoal, and coke: Sale of; delivery ticket; exceptions.

It shall be unlawful to sell or offer for sale in the District of Columbia any coal, charcoal, or coke in any manner other than by weight. No person shall sell or deliver or attempt to deliver to any purchaser within the District of Columbia any coal, charcoal, or coke unless the quantity so sold or delivered or attempted to be delivered to each purchaser shall have been weighed separately. No person shall deliver to any purchaser within the District of Columbia any coal, charcoal, or coke unless the same shall have been kept separated from any other coal, charcoal, coke, or other commodity after same has been weighed as aforesaid until final delivery thereof.

No person shall deliver or attempt to deliver any coal, charcoal, or coke in a quantity of one-fourth of a ton or more without accompanying the same by