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Statutes Annotated, Vol. 16, Title 31, Ch. 536—Tim- made by a party other than a commissioned inber and Lumber Inspectors—Continued.

spector. (1889] require said inspector to inspect and measure the

Statutes Annotated, Vol. 17, Title 32, Chs. 562, 569– lumber in question. The inspector, when sum- Alcoholic Beverages. moned, shall attend at the place and the day to which he may be called, and faithfully measure all

Sec. 562.08. Container limit. lumber he may be required to do, and any report No distributor or vendor shall sell spirituous bevand return he may make concerning thereof shall erages in containers having a capacity of more than be received as the correct measurement of the forty ounces. [1935; last amended 1941.) same; provided, nevertheless, that the several in

Sec. 569.06. Limitation of size of individual wine containers; terested parties may, at all times, be at liberty to

penalty. establish the incorrectness of such return and report, in any suit regularly commenced in any

It is unlawful for any person to sell within this

state any wine in individual containers holding court of this state having jurisdiction of the same. [1828]

more than one gallon of such wine. Provided, that

qualified distributors and manufacturers may sell Sec. 536.04. Standard of measurement.

to other qualified distributors or manufacturers Doyle's rule and log book for the measurement of such wine in any size containers. Any person consaw logs is adopted as the standard rule for the victed of a violation of this section shall be guilty measurement of saw logs, whether round or square, of a misdemeanor and shall be punished accordwhich are required to be scaled or measured within ingly. [1939; last amended 1941.) the limits of this state. [1889]

[ED. NOTE.--The governor and the director of the state

beverage department enforce the provisions of the beverage Sec. 536.05. Fees.

law.] The inspectors shall receive the following fees for their services, to wit: Two dollars for every

Statutes Annotated, Vol. 17, Title 33, Ch. 576–Com

mercial Fertilizers. twenty miles they may travel in going to and from the place at which they may be required to attend,

Sec. 576.01. Definitions. and twelve and a half cents for every thousand superficial feet of ranging lumber, and twenty-five cents for every hundred cubic feet of live oak or

(1) The term “fertilizer material” means any cedar timber or lumber, and fifty cents for every

substance containing nitrogen, phosphoric acid, potthousand staves they may inspect and count; which

ash, or any recognized plant food element or comfees may be recovered in any court having jurisdic

pound which is used primarily for its plant food tion thereof, from the several parties interested in

content or for compounding mixed fertilizers exthe measuring and inspecting the lumber measured

cept unmanipulated animal and vegetable maand inspected, who are made jointly and severally

nures. liable therefor. [1849; last amended 1861.)


(2) The words “mixed fertilizer" shall be con

strued to mean the combination or mixture of two Sec. 536.06. Penalty for transporting unmeasured lumber. or more fertilizer materials.

If any person transports from any county of this (3) The term "commercial fertilizer" includes state any lumber or staves without complying with mixed fertilizer of fertilizer materials. (1901; last the provisions of section 536.03, after he has been amended 1949.] notified by any person interested in said lumber of his wish and intention to have the same so meas

Sec. 576.04. Marking requirements. ured, he shall forfeit to the state a sum not exceeding two hundred dollars. [1828]

(1) Every package of commercial fertilizer manu

factured, imported, transported, distributed, stored, Sec. 536.20. Penalty for using non-standard measure; excep- kept or offered for sale or sold in or into the State tion.

of Florida, shall have securely attached a tag on Any person buying or selling logs or square tim- which shall be plainly and legibly printed ber by any other measure or scale than Doyle's the net contents of the package in pounds rule and log book, or any timber inspector wil- (3)

When commercial fertilizer is fully making return of any inspection scale or shipped in bulk by rail there shall be fastened on measurement of timber except according to said the inside wall of the car near the door a tag of book, shall be punished by fine of not exceeding the same kind as is used in the case of package two hundred dollars for each offense, or by impris- shipments bearing the same information as required onment for not exceeding six months; provided, or permitted in the case of package shipments. when it is mutually agreed between the buyer and

When commercial fertilizer is shipped in the seller, a measure or scale other than Doyle's bulk by truck, wagon, or other vehicle, the tags rerule book may be adopted and a survey can be quired in this section, bearing proper labels or


stamps and cancelled with the date of their use shall be attached to the copy of the invoice and shall be delivered to the receiver. [1901; last amended 1949.] Sec. 576.09. Enforcement; rules and regulations.

This chapter [Secs. 576.01-576.11] shall be administered and its provisions and all rules and regulations adopted and promulgated hereunder shall be enforced by the Commissioner of Agriculture of the State of Florida. [1949]

(a) The package or label thereon bears any false or misleading statement, design or device regarding such articles or the ingredients or substances contained therein.

(b) It is labeled or branded so as to deceive oi mislead the purchaser. [1937]

Sec. 576.10. Penalties for violations.

(1) Whoever violates any of the provisions of this chapter (Secs. 576.01–576.11] by doing anything herein prohibited or by failing or refusing to do anything herein required to be done shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than five hundred dol. lars or imprisoned for not more than six months or by both such fine and imprisonment.

(2) All rules and regulations heretofore made and promulgated under existing commercial fertilizer laws which are consistent with the provisions of Chapter 576, Florida Statutes, as herein amended, shall remain in force and effect until superseded, modified, or repealed as in this chapter provided. [1901; last amended 1949.] Statutes Annotated, Vol. 17, Title 33, Ch. 577—In

secticides and Fungicides. Sec. 577.01. Definitions.

In construing this chapter (Secs. 577.01-577.20], where the context permits, the word, phrase or term:

Sec. 577.03. Marking requirements.

All persons, before selling or offering for sale any agricultural insecticide or fungicide for use within this state shall brand or attach to each separate package in which it is sold a plainly printed label showing

the net weight or volume content of the package,

[1937] Sec. 577.14. Enforcement; rules and regulations.

The commissioner of agriculture shall administer and enforce the provisions of this chapter (Secs. 577.01-577.20],

and shall promulgate rules and regulations for carrying out the provisions of this chapter

(1937] Sec. 577.17. Withholding from sale when misbranded.

The commissioner of agriculture shall withhold from sale any agricultural insecticide or fungicide which is misbranded, not branded, or irregular in any way until such lot of agricultural insecticide or fungicide shall comply with the terms and provisions of this chapter [Secs. 577.01–577.20). [1937] Sec. 577.18. Exceptions.

No section or provision of this chapter (Secs. 577.01–577.20] shall be construed as referring or applying to agricultural insecticides or fungicides stored by manufacturers or importers for use in manufacturing, nor shall it be construed as applying to sales of such insecticides or fungicides by one manufacturer or importer to another; provided that manufacturers or importers are not required to attach labels to agricultural insecticides or fungicides until they are offered for sale. [1937] Sec. 577.20. Penalty for violations.

Anyone failing to comply with the provisions of this chapter [Secs. 577.01–577.20], or violating any of such provisions, shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not exceeding fifty dollars for the first offense and not exceeding two hundred dollars for any subsequent offense. [1937] Statutes Annotated, Vol. 17, Title 33, Ch. 578—

"Florida Seed Law.”

(12) "Agricultural insecticide or fungicide" shall include any substance or mixture of substances in. tended to be used for preventing, destroying, repelling or mitigating any and all insects, fungi, or other plant pests, collectively or individually, which may infest or be detrimental to vegetation.

(13) “Label" includes any legend, design or device printed, stenciled, stamped, seared, impressed upon or attached to the article or its container.

(14) “Package” means the individual container into which agricultural insecticide or fungicide is placed for sale or sold. [1937]


Sec. 577.02. Misbranding.

(1) It is unlawful for any person to manufacture, deliver, sell, or offer for sale in this state, any agricultural insecticide or fungicide which is misbranded within the meaning of this chapter (Secs. 577.01-577.20].

(2) For the purposes of this chapter an agricul. tural insecticide or fungicide shall be deemed to be misbranded if:

jec. 578.09. Marking requirements.

Each container of agricultural or vegetable seed sold, offered for sale, exposed for sale or distributed within this state for sowing or planting purposes shall bear thereon or have attached thereto, in a Statutes Annotated, Vol. 17, Title 33, Ch. 578—

"Florida Seed Law”—Continued. conspicuous place, a label or tag plainly written or printed in the English language, giving the following information:

(1) For agricultural seeds.

(c) Net weight.

(2) For vegetable seeds in containers of more than one pound.

to sell over one thousand pounds of agricultural seed during any one year without registering as a seed dealer.

(5) When seeds are sold from a duly labeled container and taken therefrom in the presence of the purchaser, the container in which such seeds are delivered to the purchaser will not be required to have a label or tag unless so requested by the purchaser. This however, shall not relieve or exempt any seed dealer from any liability imposed by the Florida seed law. [1945] Sec. 578.11. Enforcement.

(1) The duty of administering this law (Secs. 578.01-1, 578.08–578.14, 578.18-1, 578.22–578.25] and enforcing its provisions and requirements shall be vested in the commissioner (of agriculture]

[1945] Sec. 578.13. Prohibitions.

(1) It shall be unlawful for any person to sell, offer for sale, expose for sale, transport or distribute any agricultural or vegetable seed within this state:

(b) Net weight.

(3) For vegetable seeds in containers of eight ounces to one pound.

(b) Net weight. [1945]


(b) Not labeled in accordance with the provisions of this law, or having false or misleading labeling

(c) Pertaining to which there has been a false or misleading advertisement. [1945]

Sec. 578.10. Exemptions.

(1) The provisions of Section 578.13 shall not apply to any common carrier in respect to any seed transported or delivered for transportation in the ordinary course of its business as a carrier. Provided, that such carrier is not engaged in processing or merchandising seed subject to the provisions of this law Secs. 578.01-1, 578.08-578.14, 578.18-1, 578.22–578.25).

(2) The provisions of Sections 578.09 and 578.13 do not apply:

(a) To seed or grain not intended for sowing or planting purposes.

(b) To seed in storage in, consigned to or being transported to seed cleaning or processing establishments for cleaning or processing only. Provided, that any labeling or other representation which may be made with respect to the unclean seed shall be subject to this law.

(3) No person shall be subject to the criminal penalties of this law for having sold, offered or exposed for sale in this state any agricultural or vegetable seeds which were incorrectly labeled or represented as to kind and variety or origin, which seeds cannot be identified by examination thereof, unless he has failed to obtain an invoice or grower's declaration giving kind and variety and origin.

(4) When grown, sold and delivered by the producer on his own premises; provided, that the growing of such seed is merely incidental to his business of farming. If, however, said seed be advertised for sale through any medium or if said seed is delivered by a common carrier (except when transported for the purpose of being recleaned as hereinbefore provided), said seed must be labeled in accordance with the provisions of this law. Provided, that in no case shall such farmer be allowed

Sec. 578.18–1. Violation a misdemeanor.

Every violation of any of the provisions of Sections 578.01-1, 578.08–578.14, 578.22–578.25 shall be deemed a misdemeanor and punishable as such. [1945] Statutes Annotated, Vol. 17, Title 33, Ch. 580_Com

mercial Feeds. Sec. 580.01. Definitions.

The term "commercial feeds" shall be held to include all materials used for feeding domestic animals or birds, except the following:

(1) Unmixed whole seeds or grain, as defined by U. S. grain standards.

(2) Whole hays, straws, cottonseed hulls, stover and silage, when unmixed with other materials. Provided, however, hays, straws, stover, silage, or similar materials, when ground, either mixed or unmixed, and cottonseed hulls when ground and unmixed, shall constitute commercial feeds and be registered and tagged accordingly.

[1939; last amended 1941.] Sec. 580.03. Marking requirements.

All manufacturers, importers, jobbers, firms, associations, corporations or persons, before selling or offering for sale or transporting in this state any brand of commercial feed, shall have attached to each bag, package, carton, or have delivered with each bulk lot, a statement, hereafter referred to as the label or tag, clearly and legibly printed in the English language which fully and truly gives the following:

(1) The net weight of the contents of the package, bag, carton or bulk lot. [1939; last amended 1941.)

Sec. 601.10. Powers of citrus commission.

The commission shall have and shall exercise such general and specific powers as are delegated to it by this chapter and other statutes of the State of Florida, which such powers shall include, but not be confined to, the following:

(2) To act as the general supervisory authority over the administration and enforcement of this chapter and to exercise such other powers and perform such other duties as may be imposed upon it by other laws of the State of Florida.

(5) To investigate violations of the provisions of this chapter

and to report its findings or recommendations in connection therewith to the commissioner (of agriculture.]

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Sec. 580.08. Enforcement; rules and regulations.

The commissioner of agriculture is empowered to enforce the provisions of this chapter (Secs. 580.01580.22), and to prescribe and enforce administrative rules, regulations and standards, which shall be in harmony with the provisions of this chapter. (1939) Sec. 580.22. Penalties for violations.

Any manufacturer, importer, jobber, firm, asso ciation, corporation or person who shall sell, 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 chapter (Secs. 580.01-580.22], shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than fifty dollars for the first violation and not less than fifty dollars nor more than two hundred and fifty dollars for each subsequent violation.

[1939; last amended 1941.) Statutes Annotated, Vol. 17, Title 33, Ch. 601_"The

Florida Citrus Code of 1949."

Sec. 601.03. Definitions.

In construing this chapter (Secs. 601.01-601.112] where the context permits the word, phrase or term:

(7) "Citrus fruit” means any fruit of the citrus family and includes grapefruit, oranges, tangerines, and limes;

(7) To adopt, promulgate, alter, rescind, modify, amend and enforce rules and regulations not inconsistent with existing laws, to regulate and control methods and practices followed or used in the harvesting, grading, packing, canning, concentrating, or otherwise processing citrus fruits for human consumption, *. (1949) Sec. 601.11. Standard containers for citrus fruits.

The commission shall have full and plenary power to and shall establish state grades for citrus fruits and canned and concentrated products thereof, and for containers therefor, and shall prescribe rules or regulations governing the marking, branding, labeling, tagging, or stamping of citrus fruit, or the canned or concentrated products thereof, and upon containers therefor for the purpose of showing the name and address of the person marketing such citrus fruit or the canned or concentrated products thereof,

*, the amount of the canned or concentrated products thereof, and the quality, type, size, dimensions, and shape of container therefor,

*; provided, however, that no standard, regulation, rule, or order under this section which is repugnant to any requirement made mandatory under federal law or regulations shall apply to citrus fruit, or the canned or concentrated products thereof, or to containers therefor, which are being shipped from this state in interstate commerce. All citrus fruit and the canned and concentrated products thereof sold, or offered for sale, or offered for shipment within or without the State of Florida shall be graded and marked as required by this section and the regulations, rules, and orders adopted and made under authority of this section, which regulations, rules and orders shall, when not inconsistent with state or federal law, have the force and effect of law. 11949

(13) "Commission" means the Florida citrus commission

(14) “Commissioner" means the commissioner of agriculture of the State of Florida;

(18) “Citrus fruit dealer" means any consignor, commission merchant, consignment shipper, cash buyer, broker, agent, association, cooperative association, express shipper, or dealer as herein defined; but the term shall not include retail establishments exclusively which sell direct to consumers.

(35) “Standard packed box” means

one and three-fifths bushels of citrus fruit, whether in bulk or in containers; (1949)


Statutes Annotated, Vol. 17, Title 33, Ch. 601- (3) Personally or through his authorized inspec

"The Florida Citrus Code of 1949”—Continued. tor, employee, or agent, to forbid and prohibit the Sec. 601.15. Excise tax: Number of pounds equivalent to stand

shipment or sale of any citrus fruit or the canned ard packed box.

or concentrated products thereof found to be in violation of any of the provisions of this Act (Chap

ter), or in violation of any rule, regulation, or order (3) (a) There is hereby levied and imposed the following excise taxes upon each standard-packed

made or adopted under authority of this chapter. box of the following citrus fruits grown in this state, to-wit: grapefruit, three cents per box; oranges, (5) To cause prosecution to be instituted for viotwo cents per box; tangerines, five cents per box; lation of any of the citrus laws or for violation of and limes, four cents per box.

any rule, regulation, or order promulgated by the (b) When grapefruit are purchased, acquired, or Commission (Florida Citrus Commission) or by the handled on a weight basis rather than under the Commissioner (of agriculture.] (1949) standard-packed-box basis, eighty-five pounds thereof shall be considered equal to or the equivalent of

Sec. 601.64. Citrus fruit dealers: Misrepresentation as one standard-packed box for tax purposes under quantity. this section.

It is unlawful in, or in connection with any trans(c) When oranges are purchased, acquired, or

action relative to the purchase, handling, sale, and handled on a weight basis rather than under the

accounting of sales of citrus fruit: standard-packed-box basis, ninety pounds thereof shall be considered equal to or the equivalent of one standard-packed box for tax purposes under this

(4) For any citrus fruit dealer to make, for a section.

fraudulent purpose, any false or misleading state(d) When tangerines are purchased, acquired, or

ment concerning the condition, quality, quantity, or handled on a weight basis rather than under the

disposition of

any citrus fruit which is standard-packed-box basis, ninety-five pounds there

received by such citrus fruit dealer or bought or of shall be considered equal to or the equivalent

sold or contracted to be bought or sold by such

citrus fruit dealer; of one standard-packed box for tax purposes under

[1949] this section.

Sec. 601.65. Same: Liability for violations. "?!(e) When limes are purchased, acquired, or

If any citrus fruit dealer violates any provisions handled on a weight basis rather than under the of this law he shall be liable to the person injured standard-packed-box basis, ninety pounds thereof

thereby for the full amount of damages sustained in shall be considered equal to or the equivalent of

consequense of such violation. Such liability may one standard-packed box for tax purposes under be enforced either (1) by complaint to the comthis section. (1949)

missioner [of agriculture),

or (2) by

suit in any court of competent jurisdiction; but Sec. 601.27. Commissioner of agriculture: Powers.

this section shall not in any way abridge or alter The inspection in the State of Florida of all citrus

the remedies now existing at common law or by fruit and the canned and concentrated products,

statute, and these provisions are in addition to such thereof, and the certifying as to grades and qualifica

remedies. [1949] tions thereof, and the enforcement of all provisions Sec. 601.85. Standard shipping box for fresh fruit. of this chapter (Secs. 601.1-601.112] and/or all

The specifications for the standard legal shipping rules, regulations and/or orders made pursuant to

box, crate, or container to be used in shipping fresh and under authority of this chapter, shall be under citrus fruits shall be as established by the commisthe direction, supervision, and control of the com

sion (Florida Citrus Commission); but provided missioner (of agriculture);

(1949) that the unit of a standard-packed box, commonly Sec. 601.29. Same.

called one and three-fifths bushels, shall contain

an inside cubical measurement of three thousand The powers of the commissioner shall include, but not be limited to, the following:

four hundred and fifty-six cubic inches. [1949] (1) To make such rules, regulations, and orders Sec. 601.86. Standard field boxes for fresh citrus fruit. as may be necessary to carry out such of the provi- All field boxes used in the purchase, sale or sions of this chapter (Secs. 601.1–601.112] as im- handling of citrus fruit from or for the grower by pose duties and powers on the commissioner (of

a citrus fruit dealer in the State of Florida shall be agriculture) or his authorized inspectors, employees, of the uniform standard size of thirty-one and oneor agents which said rules, regulations, and orders

half inches long, thirteen inches high, and twelve shall have the effect and force of law when con

inches wide, inside measurements, and shall be disistent therewith.

vided into two compartments by a center partition of at least three-fourths-inch thickness; and each of


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