Code Annotated, Book 30, Title 112, Ch. 112-1Weights and Measures-Continued. manner than by measure of length, by weight, or by numerical count: Provided, however, that nothing in this section shall be construed to prevent the sale of fruits, vegetables, and other dry commodities in the standard barrel; or of berries and small fruits in standard boxes; or of vegetables or fruits usually sold by the head or bunch in this manner: Provided further, that nothing in this section shall be construed to apply to foodstuffs put up in original packages. For the purposes of this section the term "original package" shall be construed to include a commodity in a package, carton, case, can, barrel, bottle, box, phial, or other receptacle, or in coverings or wrappings of any kind, put up by the manufacturer, which may be labeled, branded, or stenciled, or otherwise marked, or which may be suitable for labeling, branding, or stenciling, or marking otherwise, making one complete package of the commodity. The words "original package" shall be construed to include both the wholesale and the retail package, and must be plainly marked as to the net content. Provided that a box or carton used for shipping purposes containing a number of packages which are individually marked as herein before provided shall not be required to bear the weight of their contents. [1941] Sec. 112-112. Approval, condemnation, seizure and destruction of weights and measures. In the event the Commissioner of Agriculture, his assistants or inspectors, finds weights, measures and weighing and measuring devices accurate and otherwise in proper condition, or after he causes the same to be made accurate and otherwise in proper condition [ ] to place his seal or tag of approval upon such weighing or measuring devices. În the event he find [finds] any of the said weights, measures or weighing and measuring devices to be inaccurate or otherwise not in proper condition, and yet in his best judgment such devices or device may be repaired, [ to place his seal or tag showing that the same has been condemned because of their inaccuracy or faulty mechanical condition, upon said device or devices and serve written notice why said device or devices have been condemned upon the person, firm or corporation, or their agent, using, operating, and having possession of such devices, which said notice shall be served upon the person in charge of the place of business where such device or devices are located, and said notice shall contain a demand upon the person, firm or corporation to discontinue the use thereof, and not to dispose of such device until the repairment or regulation of such device or devices have been approved by the Commissioner of Agriculture, his assistants or inspectors. Unless such inaccurate or improper weighing or measuring devices are repaired and made correct within a reasonable time after the service of such notice as herein provided, said in spector shall seize and destroy the same in the name and under the authority of the State of Georgia. [1941] [ED. NOTE.-In the Georgia Code Annotated, following the foregoing section, it is stated: "This section is set out as it appears in both the published Act and in the Act filed in the Secretary of State's office. Apparently, the words 'it shall be his duty,' or their equivalent, have been omitted at the points indicated by brackets."] Sec. 112-113. Removal of tag unlawful. It shall be unlawful for anyone to deface or remove any seal, tag or [of] approval or condemnation placed on any device by any weights and measures official. [1941] Sec. 112-114. Powers and duties of deputies and inspectors. The powers and duties given to and imposed upon the State Commissioner of Agriculture of weights and measures are hereby given to and imposed upon his deputy and inspectors also, when acting under his instructions and at his direction. [1941] Sec. 112-115.1 Public Utility Corporations exempted. The provisions of this law [Secs. 112-107-112– 115] shall not apply to public utility corporations under the jurisdiction of the Georgia Public Service Commission. [1941] 1 See Sec. 112-9902, page 232; penalty for violation of Secs. 112-107-112–115. Code Annotated, Book 30, Title 112, Ch. 112–99— Penalties for Violations of Weights and Measures Law. Sec. 112-9901. Selling by false weights and measures. If any person shall knowingly buy or sell by false weights or measures, he shall be deemed a common cheat, and shall be punished as for a misdemeanor. [1851-2] Sec. 112-9902. Penalty for violation of Secs. 112-107 to 112-115. Any person who, by himself or by his servant or agent, or as the servant or agent of another person, firm, corporation or association, shall violate any provisions of sections 112-107 to 112-115 or who shall violate any regulation promulgated by authority in such sections, shall be guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction, shall be fined not less than $25 or not more than $200 or by imprisonment for not more than three months, or by both such fine and imprisonment, upon first conviction and upon a second or subsequent conviction, shall be fined not less than $100 or more than $500 or by imprisonment of not less than three months, or by both such fine and imprisonment. [1941] Laws 1949, No. 284-Certified Public Weighers. Any person who shall weigh, measure, or record the indications or readings of weighing or measur ing and declare the weight, measure, reading or recording to be the true weight, measure, reading or recording of any commodity, article or product, may be licensed under the provisions of this Act [Secs. 1-13] and shall be known as a Certified Public Weigher of Georgia. [1949] Sec. 2. Enforcement; rules and regulations. The provisions of this Act [Secs. 1-13] shall be administered by the Commissioner of Agriculture of Georgia, and he is hereby empowered to make and promulgate rules and regulations necessary for the enforcement of this Act. [1949] Sec. 3. Application for license permit. Any person who desires to be a certified public weigher in this State shall apply for and obtain a license permit from the Commissioner of Agriculture by filing a formal application as follows: "I, a citizen of the United States, residing at County of have familiarized myself with the law relative to licensing of certified public weighers, do hereby make application for license permit as a certified public weigher. "I certify that I am morally and physically fit to perform the duties imposed upon a certified public weigher, and that I will, if licensed, faithfully and accurately make true recordings, and will comply with the law and rules and regulations relating to certified public weighers to the best of my knowledge and ability. sum of $1,000.00 (one thousand dollars) payable to the Commissioner of Agriculture for the benefit of persons, firms, or corporations issuing a certified public weigher's certification of any weight or measure of any commodity or thing conditioned as follows: If the principal shall faithfully comply with the rules and regulations governing a certified public weigher, as prescribed by the Commissioner of Agriculture, in writing, from the period beginning and ending December 31, 194, and shall indemnify the Commissioner of Agriculture, for the use and benefit of persons, who suffer injury or damage as a result of the negligence, incompetence, or misconduct of principal in performing the aforesaid duties of a certified public weigher, then this obligation to be void; otherwise of full force and virtue. [1949] Sec. 6. Official seal. It shall be the duty of every certified public weigher so licensed under this law [Secs. 1-13] to obtain through the State Department of Agriculture an official seal, which seal [shall] have inscribed thereon the following words: "Georgia Certified Public Weigher" or such other design or legend as the State Director of Weights and Measures may deem appropriate. The seal shall be stamped or impressed upon each and every weight, measure, count, reading or recording certificate issued by such certified public weigher, and when so applied the certificate shall be recognized and accepted as a declaration of the official, true and accurate weight, measure, count, reading or recording of the commodity, product or article weighed, measured or counted with the tolerance allowed by the "Weights and Measures Act" of this State. [1949] Sec. 7. Violations by weigher; penalty. Any certified public weigher who shall issue a certificate giving a false weight, measure, count or reading, or who shall misrepresent the weight, measure, count or reading of any commodity, produce or article, or who shall otherwise violate any of the provisions of this Act [Secs. 1-13] or violate any of the rules promulgated by authority of this Act, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten ($10.00) dollars nor more than five hundred ($500.00) dollars, or by imprisonment for not more than six months in the discretion of the court, and, in addition thereto, his license as a certified public weigher shall be revoked and he shall forfeit his seal which, when so forfeited shall be turned over to the Commissioner of Agriculture. [1949] Sec. 8. Other violations; penalty. Any person, firm, or corporation who shall request a certified public weigher to weigh, measure, Laws 1949, No. 284-Certified Public WeighersContinued. count, read or record any commodity, product or article falsely or incorrectly, or who shall request a false or inaccurate certificate of weight, measure, count, reading or recording; or any person issuing a certificate of weight, measure, count, recording within the meaning of this Act [Secs. 1-13], who is not licensed as a certified public weigher in accordance with this Act, or any person who shall in any way impersonate by acting as, or for, a certified public weigher, or any person who shall erase, change or alter any certificate issued by a certified public weigher, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as is prescribed under the laws of Georgia. Sec. 9. Weights and measures to be used. It shall be unlawful for any certified public weigher to use any weights, measures, reading or recording device, which has not been tested and approved by the State Director of Weights and Measures, or his assistant, deputy or inspector, in accordance with the "Weights and Measure Act." 1 [1949] 1 See Secs. 112-101-112-9902, pages 230-232. Sec. 10. License fees. Certified public weighers shall be licensed for a period of one year beginning on the first day of July and ending on the thirtieth day of June, next, and a fee of [five] ($5.00) dollars shall be paid to the Commissioner of Agriculture by each person so licensed at the time application is filed. A fee of two ($2.00) dollars shall be required of all renewals of license as a certified public weigher. In addition thereto the applicant shall pay the actual cost of seals required under this Act [Secs. 1-13]. [1949] Sec. 11. Surrender of seal. In the interest of public welfare, the seal herein provided for a certified public weigher shall be the property of the State of Georgia and shall be returned to the Commissioner of Agriculture upon termination of the duties as a certified public weigher. Failure or refusal of a person licensed as a certified public weigher under this Act [Secs. 1–13] to surrender the official seal to the Commission [Commissioner] of Agriculture upon termination. of his license or for malfeasance in office, shall be a misdemeanor and any person convicted thereof shall be punished by a fine of not less than ten dollars nor more than two hundred dollars, or by imprisonment for not more than three months, in the discretion of the court. [1949] Sec. 12. Revocation of license permit. Any license permit as a certified public weigher may be revoked by the Commissioner of Agriculture for malfeasance in office or for the violation of any provision of this Act [Secs. 1-13] or for violation of any rule or regulation promulgated under the terms hereof, after reasonable notice and opportunity for a hearing before the Commissioner of Agriculture. [1949] Code Annotated, Book 2, Title 5, Part I, Ch. 5—3— State Warehouse Department. Sec. 5-301. State Warehouse Commissioner. The Director of the State Bureau of Markets shall be the State Warehouse Commissioner. [1918; last amended 1920.] [ED. NOTE.-Sec. 5-204, Ga. Code Ann., provides that "The Director [of Markets] shall be the chief executive officer of the Bureau of Markets and he shall(a) Investigate methods and practices in connection with the • weighing, packing, transportation, storage, inspection and sale of agricultural products of all kinds within this State ."] Sec. 5-303. Lint Cotton: Appointment of officers; rules and regulations. The Commissioner shall have the power to appoint graders, officers, clerks and all necessary employees to carry out the provisions of this Chapter [Secs. 5-301-5-320] *. He shall also prescribe rules and regulations not inconsistent with the intent and spirit of this Chapter, to carry the same into effect. [1918; last amended 1920.] Sec. 5–310. Same: Storage; marking requirements. The Commissioner [State Warehouse Commissioner] may receive for storage lint cotton, properly baled, with an inspection tag showing that it had been legally weighed, and that a Federal or State grader, as hereafter may be provided, has graded said cotton. There shall be receipts issued for such cotton under the seal in the name of the said Commissioner, stating location of warehouse, identification mark on each bale, its weight and grade, and whether long or short staple, so as to be able to deliver on surrender of receipts the identical cotton for which it was given; [1918; last amended 1920.] Sec. 5-311. Same: Bales to be tagged. The grades, weights and identification marks provided for by this Chapter [Secs. 5-301-5-320] shall be evidenced by tags affixed to the bale of cotton, and the receipts issued must be duplicate of the identification upon the said tags. [1918] Code Annotated, Book 2, Title 5, Part II, Ch. 5-5Weighing of Cotton, Rice, Etc. Sec. 5-501.1 Cotton weighers: Oath. It shall not be lawful for any scalesman, salesman, or other person, in any of the cities, towns, or villages, to weigh any bale, bag, or package of cotton, tierce or half-tierce of rice, or any other article of produce disposed of by weight, without first taking and subscribing an oath, before some person authorized by law to administer it, that he will justly, impartially, and without deduction, weigh all such cotton and all other articles of produce disposed of by weight that may be shown to him for that purpose, and tender a true account thereof to the party or parties concerned, if so required. This section shall apply only to parties weighing said articles for sale, and not to persons weighing their own produce. [1875; last amended 1889.] 1 Penalty for violation of Sec. 5-501, see Sec. 5-9907, page 238. Punishment for putting rubbish in cotton or rice, see Sec. 267405, page 239. Sec. 5-502. Same: Oath to be recorded. Such oath, when taken, must be filed in the office of the ordinary of the county, and a minute made thereof. [1875] Sec. 5-503. Same: Deductions by weigher. The weigher may make such deduction for wet, or other cause, as may be reasonable, when the seller or his agent shall thereto consent: Provided, that if the weigher, with the consent of the seller or his agent, makes a deduction from the gross weight of any bale, bag, or package of cotton because of the bagging and fastenings on said bale, bag, or package, the deduction shall be not more than 24 pounds if it is covered with jute bagging, and not more than 16 pounds if it is covered with cotton bagging, except in the case of any bale, bag, or package of cotton not fastened with iron ties nor with ropes, in which case the deduction shall be not more than ten pounds if it is covered with jute bagging, and not more than five pounds if it is covered with cotton bagging. In every case in which a deduction is made from the gross weight of any bale, bag, or package of cotton because of the bagging and fastenings on said bale, bag, or package, the weigher, in tendering a true account thereof to the party or parties concerned, shall state the gross weight of each bale, bag, or package, and also the number of pounds deducted for bagging and fastenings, and the net weight. [1876; last amended 1889.] Sec. 5-504.1 Deduction for bagging and ties from weight of cotton. It shall be unlawful for any person, firm or corporation engaged in the business of buying cotton, as principal or agent, to deduct any sum for bagging and ties from the weight or price of any bale of cotton when the weight of the bagging and ties does not exceed six per cent. of the gross weight of such bale of cotton. In the event that the weight of the bagging and ties exceeds six per cent. of the gross weight of such bale of cotton, only the excess over the said six per cent. may be deducted. [1911] 1 Penalty for violation of Sec. 5-504, see Sec. 5-9908, page 238. Illegal charge for weighing cotton, see Sec. 5-9910, page 238. Sec. 5-505. Same: Appointment of public weigher. Upon the application or petition of at least 50 citizens or producers of cotton in any county, made to the county commissioners of a county when they administer the affairs of a county, or to the ordinary of the county when he administers the affairs of the county, he or they shall appoint one competent and discreet person who shall be known as the public weigher and grader of cotton in such county. Upon his appointment by them, they shall issue to him a commission authorizing him to weigh and grade all cotton that may be brought to him for such purpose by the citizens of said county: Provided, he shall first take an oath to faithfully perform the duties of such weigher and grader, and give bond conditioned upon the accurate and faithful performance of his duty subject to be enforced by any person that shall be damaged on account of a failure in the performance of his duty, said recovery to be had in any court having jurisdiction of the parties and subject-matter. [1912] Sec. 5-506. Same: Appointment of deputies. Said weigher and grader shall be authorized, when it becomes necessary, to appoint a deputy or deputies to act within said county to assist him in weighing and grading of cotton. In the appointment of such deputies he shall not appoint any one who is not of good character and competent to perform such duties. [1912] Sec. 5-507. Same: Fees for weighing; duties; scales to be tested. As compensation for the weighing, grading, issuing certificates, as to weights and grades, and stamping same upon the bale of cotton, such weigher and grader shall have for such service, and be allowed to charge the party desiring to have said cotton weighed and graded the sum of 20 cents per bale. It shall be the duty of the weigher and grader or his deputy, upon their appointment, to provide a platform and scales with ample facilities for handling cotton with speed and at a minimum cost, at which platform or platforms, all cotton sold in said market or shipped may first be weighed, graded and stamped, if so desired by the seller, producer, or buyer, and upon the application by the parties, it shall be the weigher's duty to immediately weigh, grade and stamp upon the cotton weights and grade, and issue to the applicant a certificate showing the same and enter the same in a book to be kept by him. The appointed public weigher and grader shall be responsible, on his bond, for the official act of his deputy, and each weigher or deputy shall have his scales tested at least once every thirty days by the standard weights in the office of the ordinary as provided by law. [1912] Sec. 5-508. Same: Removal from office. The county commissioners or ordinary, whichever has the appointing power, upon good and sufficient cause shown, after 10 days' notice, in writing, personally served upon the public weigher and grader, shall inquire into his conduct and if they find suf Sec. 5-802. Marking requirements. Code Annotated, Book 2, Title 5, Part II, Ch. 55-Weighing of Cotton, Rice, Etc.—Continued. ficient reason, remove any such officer from office, and appoint another in his stead, and in the same manner may remove any deputy by such public weigher appointed. [1912] Sec. 5-509. Tare on rice. The tare to be allowed on rice shall be the actual tare, as nearly as can be determined, except in cases of the sale of a single tierce, half tierce, or barrel, where a tare of 10 per centum shall be allowed, unless otherwise agreed on between the buyer and seller. [1863] Sec. 5-510. Tare on other articles. In other cases where tare is usually allowed, the actual tare, as nearly as the same can be ascertained, shall be allowed, except where the seller and purchaser may expressly agree upon a different rule. [1863] Sec. 5-511.1 No deduction for turn of scales, etc. It shall not be lawful for any purchaser or weigher to make any deduction from the weight of any article for or on account of the draft or turn of the scales or steelyard, under a penalty, for every such offense, of $500, to be recovered in any court having jurisdiction, one-half to go to the informer by whom the suit may be brought, and the other half to the use of the county where the offense may be committed. [1863] 1 See Sec. 112-103, page 230; penalty for selling by unmarked weights. Sec. 5-512. Regulations by city, town and county authorities. The corporate authorities of all cities and towns may make such further regulations for the weighing of produce of all descriptions, including fees for weighing, as in their judgment may tend to effect the objects of the foregoing provisions, and the ordinaries of the respective counties shall have the same power, to be exercised outside the jurisdiction of said incorporated cities or towns; but, until altered by such authorities or ordinaries, fees for weighing shall be such as are now fixed by law. [1863] Code Annotated, Book 2, Title 5, Part III, Ch. 5-8Apples, Closed Packages. Sec. 5-801. Rules and regulations. The Commissioner of Agriculture is hereby directed to establish and promulgate, from time to time, official standard grades for all closed packages of apples, by which the quantity, quality, and size may be determined, and prescribe and promulgate rules and regulations governing the marking which shall be required upon packages of apples for the purpose of showing the name and address of the producer or packer, the variety, quantity, quality, and size of the product, or any of them: [1927; last amended 1933.] Whenever such standard for the grade or other classifications of apples under this Chapter [Secs. 5-801-5-806] becomes effective, every closed package containing apples grown and packed for sale or transported for sale by any person, firm, company, or organization shall bear conspicuously upon the outside thereof, in plain words and figures, such markings as are prescribed by the Commissioner of Agriculture under the provisions of this Chapter. [1927; last amended 1933.] Sec. 5-803. Enforcement; right of entry; deputies; right to halt shipments. The Commissioner of Agriculture shall be charged with the enforcement of the provisions of this Chapter [Secs. 5-801-5-806], and for that purpose shall have the power: (a) To enter and to inspect, personally or through any authorized agent, every place where apples are produced, packed, or stored for sale, shipped, delivered for shipment, offered for sale, or sold, and to inspect such places and all apples and containers and equipment found in any such place. (b) To appoint, superintend, control, and discharge such inspectors and subordinate inspectors as in his discretion may be deemed necessary, for the special purpose of enforcing the terms of this Chapter, to prescribe their duties and fix their compensation. (c) Personally, or through any authorized agent or any such inspector, to forbid the movement of any closed package or packages of apples found to be in violation of any of the provisions of this Chapter, which have not been actually accepted by a common carrier for shipment in interstate traffic, and to require the same to be repacked or remarked. A carload of apples shall not be considered as actually accepted by a common carrier for shipment until the loading is finished, the car sealed, and the bill of lading issued. (d) To cause prosecutions to be instituted for violations of this Chapter. [1927; last amended 1933.] Sec. 5-804. Prima facie evidence. When apples in closed packages are delivered to a railroad station or a common carrier for shipment, or delivered to a storage house for storage, such delivery shall be prima facie evidence that the apples are offered or exposed for sale. [1927; last amended 1933.] Sec. 5-805. Dealers protected by inspection. No person, firm, or corporation shall be prosecuted under the provisions of this Chapter [Secs. 5-801-5-806] when he or it can establish that the apples offered for sale have passed inspection by an authorized inspector of this State, and bear the official State inspection stamp, or by an inspection of the United States Department of Agriculture, and found to be packed and marked in accordance with the requirements of the Commissioner of Agriculture of Georgia. [1927; last amended 1933.] |