Sec. 5-806.1 Restriction of sales.

and no apples shall be offered for sale which do not bear on the packages the marks and grades prescribed in section 5-802. [1927; last amended 1933.]

1 Penalty for violation of Chap. 5-8, see Sec. 5-9928, page 239.

Code Annotated, Book 2, Title 5, Part IV, Ch. 5-11Fertilizers and Fertilizer Materials.

Sec. 5-1105. Marking requirements.

Every bag or package of commercial fertilizer sold within the State shall have printed on bag or package, or affixed thereto, a tag containing a legible and plainly printed statement in the English language, the following:

1. Net weight of each bag or package in pounds. [1924; last amended 1929.]

Sec. 5-1123.1 Seizure.

All fertilizer or fertilizer material sold or offered for sale in violation of law shall be condemned and seized by the Commissioner of Agriculture or his agents, [1937-38]

1 Penalty for violation of Ch. 5-11, see Sec. 5-9931, page 239. The Commissioner of Agriculture is charged with the enforcement of Ch. 5-11, see Sec. 5-1001, Ga. Code Ann.

Code Annotated, Book 2, Title 5, Part V, Ch. 5-15Insecticides and Fungicides.

Sec. 5-1502. Marking requirements.

It shall be the duty of all manufacturers, jobbers, dealers and agents in advance of offering calcium arsenate, lead arsenate, and dust mixtures containing sulphur, lead arsenate and lime, and other insecticides and fungicides commonly used on cotton, field crops, and fruits, for sale, to brand on each package, containing the same, the words, "Calcium Arsenate," "Lead Arsenate," and "Dust Mixtures containing Sulphur, Lead Arsenate and Lime," and the weight of the package in full,

Sec. 5-1507. Rules and regulations.

[1920]

Code Annotated, Book 2, Title 5, Part VI, Ch. 5–16— Naval Stores and Lumber.

Sec. 5-1601.1 Appointment, oath and bond of inspectors; method of measurement; specifications; cord of firewood.

Inspectors may be appointed, their duties prescribed, their fees fixed, and inspection and marking regulations adopted, by the corporate authorities of any city, for the inspection of pitch, tar, turpentine, rosin, staves, shingles, timber, wood, and lumber, for measuring and gauging the said articles, or any of them, within the limits of said cities; and the same power may be exercised by the ordinary of every county, outside the limits of such town, and within the limits of such county: Provided, such regulations be not inconsistent with the following provisions:

1. No person shall be permitted to inspect, measure, or gauge, except such as may be regularly appointed, under a penalty of $500 for every offense, one-half to go to the informer, and the other half to the corporation or court having the appointment of inspectors. Every person so appointed shall be required to take an oath or affirmation faithfully to perform the duties of the office to the best of his skill and ability, and shall moreover give bond and security for the faithful discharge of the duties. thereof. All vacancies may be filled by the appointing power. [1794; last amended 1823.]

2. In all seaport towns where timber or lumber is brought for exportation, or otherwise, the same shall be inspected and measured, and bills for such measurement shall be made out in superficial meas

3. All square timber shall be measured as follows: The length shall be counted from pinhole and the size from the middle of the stick, taking the smallest side and the face, throwing off fractions, and allowing one-half of the wane-edge on the side and face; and other flatted timber, usually known as saw or mill logs, shall be measured one-half from the smallest end. [1863]

4. All sticks which are rotten, hollow, split, or broken shall be declared refuse by the inspector, and the seller shall only be allowed one-half the measurement; but if the defect be at or near the end, only so much as is defective shall be declared refuse. [1863]

5. The hook to the dip-rod shall not be less than 13/4 inches long. [1863]

6. Ranging timber, scantlings, and boards shall be deemed merchantable only when they have square edges, and are sound and without decay; nevertheless, if any scantling or board to be measured and inspected shall be split, decayed, or fractured more than two feet, and less than six feet from the end thereof, such split, decayed, or fractured part shall be left out and not counted in the measurement. [1794]

Code Annotated, Book 2, Title 5, Part VI, Ch. 5– 16 Naval Stores and Lumber-Continued. 7. Heading shall be 21/2 feet long, six inches broad, one inch thick on one edge, and not less than three-quarters of an inch on the other edge, round and free from decay, worm or knot holes; shingles to be 22 inches long, not less than 311⁄2 inches wide, a half-inch thick at the thick end, not decayed, and free from worm or knot holes. [1794]

8. Pipe, hogshead, and barrel staves shall be considered merchantable only when conditioned as follows: Pipe staves to be at least 54 inches in length, three inches in breadth, and one inch thick on the thin edge, sound and free from worm or knot holes; hogshead staves to be 43 inches long, three inches broad, and not less than three-quarters of an inch thick on the edges, sound and free from worm or knot holes; barrel staves to be 21/2 feet long, three inches wide, and not less than three-quarters of an inch on their edges, sound and free from worm or knot holes. [1816]

9. Every cord of firewood shall measure eight feet in length, four in breadth, and four in height. Any person to whom such wood is offered for sale, who may suspect any deficiency, shall have the right to have the same measured and corded by any sworn inspector or measurer of the place; and in case of any deficiency appearing, the seller shall, besides paying the fees of the inspector, make good the deficiency without delay, or forfeit, before any court having jurisdiction, the sum of $2 for every cord so deficient; in case of no deficiency appearing, the fees of the inspector or measurer shall be paid by the buyer. The corporate authorities of any town or city may make such further regulations on this subject as to them shall appear proper to insure the objects of this section. [1766]

1 Penalty for violation of timber or lumber law, see Sec. 5-9949, page 239.

Sec. 5-1603. Specifications for turpentine barrels.

Every barrel of soft turpentine shall be formed of good and sufficient staves, three-quarters of an inch thick, not exceeding five inches wide, not less than 30 nor more than 32 inches long; the head not less than one nor more than 111⁄2 inches thick, and the barrel secured with 12 good hoops. [1863] Sec. 5-1605. Powers of corporate authorities of seaport towns. The corporate authorities of any seaport town may make such further regulations for the inspection of rosin, pitch, tar, and turpentine, and for the discovery of fraud in making and vending said articles, as to said authorities respectively shall seem proper. [1863]

Code Annotated, Book 2, Title 5, Part XXX, Ch. 5-99 -Penalties For Violations of Title 5.

Sec. 5-9907. Weighing cotton or other produce without oath. Any person who shall violate the provisions of section 5-501, making it unlawful to weigh cotton and other produce without first taking the oath therein prescribed, and the factor or person employ

ing him, shall be guilty of a misdemeanor. [1875; last amended 1876.]

Sec. 5-9908. Unauthorized deduction for bagging and ties from weight of cotton.

For each and every violation of section 5-504 the offender shall be guilty of a misdemeanor and shall be fined in the sum of not less than $25 nor more than $50, or imprisonment not less than 15 days, nor more than 30 days: Provided, this law shall not apply to what is known in the trade as round bales, and bales of cotton which weigh less than 300 pounds. [1911]

Sec. 5-9910. Illegal charge for weighing cotton; scope of section.

If any scalesman, salesman, or other person engaged in the business of weighing cotton bales shall charge or receive more than 10 cents per bale for weighing the same, or charge or receive, for reweighing any bale of cotton which has once been taxed 10 cents for weighing, more than five cents for such reweighing, he shall be guilty of a misdemeanor. This section shall embrace a merchant, factor or other person in whose employment the offender may be at the time of the violation, if the illegal charge is made with the consent or knowledge of the employer. [1880-1; last amended 1895.]

Sec. 5-9913. Marking requirement for bales of cottonseed hulls.

Any person, firm or corporation who shall sell cottonseed hulls in bales or packages, without having the weight thereof plainly stamped or branded on each bale or package, shall be guilty of a misdemeanor. [1901]

Sec. 5-9928. Violation of Chapter 5–8 relating to closed packages of apples.

Any person, firm, company, organization, or corporation, who shall violate any of the provisions of Chapter 5-8 [Secs. 5-801-5-806] relating to grading, marking, shipping, etc., of apples shall be punishable by a fine of not more than $500 or imprisonment for a period not to exceed 90 days, either or both, for each offense. [1927]

Sec. 5-9931.1 Violating fertilizer laws.

Every manufacturer, mixer, jobber or dealer violating any of the fertilizer laws of this State, shall be guilty of a misdemeanor. [1929]

1 See Chap. 5-11, page 237.

Sec. 5-9937. Violation of Chapter 5-15, relating to insecticides and fungicides.

Any person who shall violate any of the provisions of Chapter 5-15 [Secs. 5-1501-5-1509], relating to insecticides and fungicides, shall be deemed guilty of a misdemeanor. [1920]

Sec. 5-9941. Fraudulent brands on naval stores.

If an inspector shall fraudulently place any other than the exact number of gallons upon a barrel of spirits of turpentine, he shall be guilty of a misdemeanor. [1887; last amended 1895.]

Sec. 5-9949. Violations of timber or lumber law.

Any inspector or other person who shall violate any of the provisions of Chapter 5-16 [Secs. 5-1601 -5-1623] so far as the same relates to the inspection and measurement of timber or lumber, shall forfeit his office, and be punished as for a misdemeanor. [1873; last amended 1895.]

Code Annotated, Book 6, Title 18, Ch. 18-3-Railroad Scales.

Sec. 18-320. Weighing facilities to be furnished by carrier; overweights and false billing; penalty.

Every railroad or transportation company in this State shall furnish suitable and adequate facilities for correctly weighing all freight offered for shipment in carload lots in this State at points where the volume of business offered is sufficient to warrant the expense; and if any officer or agent of a railroad or transportation company, or person acting for or employed by such railroad or transportation company, shall, by reason of overweights or false billing, cause such railroad or transportation company to charge on any shipment for more than the actual weight of such shipment, the said railroad or transportation company shall be liable to the owner of such shipment in damages for an amount equal to twice the charges on the excess weight so charged. [1889]

[ED. NOTE.-Jurisdiction over railroads is vested in the Public Service Commission. Ga. Code Ann., Title 93, Sec. 93-307.]

Sec. 18-321.1 Weigher's oath.

Whenever any railroad company in this State shall weigh any cars loaded with freight to be shipped and charged for by the carload, such weighing shall be done by a sworn weigher, as provided for the weighing of cotton, rice, and other produce. [1882-3]

1 See section 5-501, page 234; scalesman to be sworn.

Sec. 18-322. Method of weighing cars.

When such cars are weighed singly they shall be uncoupled at both ends and weighed one at a time. When any railroad company shall transport timber, lumber, or other like articles of freight, which, from length, laps over from one car to another, such company may cause as many as two or three such cars so loaded to be weighed together, after uncoupling them at both ends from other cars, and in all such instances the aggregate weight of the freight upon said two or three cars

shall be averaged so that each of the cars shall be charged with an equal amount of the total weight, and the shipper be made to pay freight as if each of the cars so weighed together did actually contain an equal portion of the whole load: Provided, that in such cases the shipper shall not pay less than the amount of freight due on full carloads. [1882-3]

Sec. 18-323. Penalty for non-compliance with two preceding sections.

Any railroad company failing, refusing, or neglecting to comply with any of the provisions of the two preceding sections shall be held liable in an action for damages, to be brought in the county where such weighing is done, at the instance of any person aggrieved, and the recovery shall be in a sum not less than $100 nor more than $200 for each offense. [1882-3]

Code Annotated, Book 10, Title 26, Part XII, Ch. 26-74-Cheats.

Sec. 26-7403. Sale of bread under assize.

Any baker or other person selling bread under the assize established by the corporation of any city, town, or village, or the rules laid down by law, shall be deemed a cheat, and shall be punished as for a misdemeanor. [1865-6]

Sec. 26-7405.1 Falsely increasing weight of commodities; penalty.

Any person who shall put or cause to be put into any bale of cotton, vessel of sugar, rice, pork, beef, or other provisions, wool, or other article, prepared for market, any dirt, rubbish, or other thing, for the purpose of adding to and increasing the weight or bulk of said cotton, sugar, rice, beef, pork, or other provisions or things, shall be deemed a common cheat, and shall be punished by a fine equal to the value of the thing thus fraudulently packed or put up, and imprisonment and labor in the penitentiary for not less than one year nor more than five years. The bare possession or ownership of such commodities, so fraudulently packed or put up, shall not of itself authorize a conviction, where sufficient evidence of knowledge or privity on the part of the owner, or the person in possession is not produced on the trial. [1874]

1 Weighing of cotton, rice, etc., see Sec. 5-501, page 234, and Sec. 5-9907, page 238.

Sec. 26-7410. Defrauding and cheating by other means.

Any person using any deceitful means or artful practice, other than those which are mentioned in Part XII [Secs. 26-7401-26-7410] of this Title, by which an individual, or a firm, or a corporation, or the public is defrauded and cheated, shall be punished as for a misdemeanor. [1865-6; last amended 1902.]

Sec. 42-106. Rules and regulations for enforcement.

The Commissioner of Agriculture, with the advice of the Attorney General, may establish such rules and regulations as shall not be inconsistent with the provisions of this Title [Secs. 42-10142-9921], and as in his judgment will best carry out the requirements thereof. [1906]

Sec. 42-107. Definition of food.

The term "food" as used herein shall include all articles used for food, drink, confectionery, or condiment by man or other animals whether simple, mixed, or compounded. [1906] Sec. 42-110. When deemed misbranded.

For the purposes of this Title [Secs. 42-101— 42-9921] an article shall also be deemed to be misbranded

In case of food:

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

3. If in package form, the quantity of the contents shall not be plainly and conspicuously marked on the outside of the package in terms of weight, measure, or numerical count: Provided, however, that reasonable variations shall be permitted, and tolerances and also exemptions as to small packages shall be established by rules and regulations made in accordance with the provisions of section 42-303.

4. If the package containing it or its label shall bear any statement, design, or device regarding the ingredients of the substances contained therein, which statement, design, or device shall be false or misleading in any particular: [1906; last amended 1913.]

Sec. 42-114. Seizure and condemnation. Any article of food, or liquor that is adulterated or misbranded within the meaning of this Title [Secs. 42-101-42-9921] shall be liable to be proceeded against in any court within the county where the same is found, and seized for confiscation by a process of libel for condemnation. And if such article shall be condemned as being

adulterated or misbranded, or of a poisonous or deleterious character, within the meaning of this Title, the same shall be disposed of by destruction or sale, as the court may direct, [1906] Sec. 42-115.1 Guaranty protection.

No dealer shall be prosecuted under the provisions of this Title [Secs. 42-101-42-9921] when he shall establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party residing in this State, from whom he purchases such articles, to the effect that the same are not adulterated or misbranded within the meaning of this Title, designating them [it]. Said guaranty, to afford protec tion, shall contain the name and address of the party, making the sale of such articles to such dealer, and in such case the said party shall be amenable to the prosecutions, fines, and other penalties which would attach, in due course, to the dealer under the provisions of this law. [1906]

1 Penalty for selling, etc. misbranded foods, see Sec. 42-9901, page 242. Code Annotated, Book 14, Title 42, Ch. 42-2-Concentrated Commercial Feeding Stuffs.

Sec. 42-201. Definition.

The term "concentrated commercial feeding stuff," as used herein, shall include cottonseed meal, linseed meal, corn and cob meal, cocoanut meal, gluten feeds, gluten meal, germ feeds, corn feeds, starch feeds, sugar feeds, dry brewer's grains, malt sprouts, dried distiller's grain, dried beet refuse, hominy feed, cerealine feeds, rice meals, rice brans, rice polish, peanut meal, oat feeds, corn and oat feeds, corn bran, wheat bran, wheat middlings, wheat shorts, ground beef or fish scraps, mixed feeds, clover meal, alfalfa meal and feeds, peavine meal, cottonseed meal feeds, whole seeds and grains and meals, mixed or unmixed, made from such seeds or grains, and all other materials of a similar nature. [1906]

Sec. 42–202. Marking requirements; standard packages.

Every lot or parcel of concentrated commercial feeding stuff and condiment feed used for feeding domestic animals or poultry, sold, or offered or exposed for sale, shall have affixed

thereto, or printed on the bag or other package, in a conspicuous place on the outside thereof, a legible and plainly printed statement, clearly and truly certifying the number of net pounds of feeding stuff contained therein: Provided, that all concentrated commercial feeding stuffs shall be in standardweight bags or packages of 50, 75, 100, 125, 150, 175 or 200 pounds each; [1906]

Sec. 42-210.1 Seizure.

If it appears from any examination of [or] analysis of an official sample of any commercial feeding stuff that any of the provisions of this Chapter [Secs. 42-201-42-212] have been violated,

the Commissioner of Agriculture or his deputy or agents shall have the power to seize such feeding stuffs, [1937]

1 Penalty for violation of Ch. 42-2, see Sec. 42-9922, page 242. Code Annotated, Book 14, Title 42, Ch. 42-3-Flour, Grits, and Corn Meal.

Sec. 42–301. How packed and marked.

All flour, grits, and corn meal packed in barrels or half-barrels made of any material, or any package made of wood or metal in which flour, grits, or corn meal are or may be offered for sale, shall be well made and of good material; shall have the net weight of flour, grits, or meal plainly marked on the head, top, or side of the barrel or package with a stencil, or paper label or pencil, with letters and figures not less than one inch in length, and shall have the tare marked on the reverse end or side of the barrel or package in like manner. [1906]

Sec. 42-302. Standard weight packages.

Every miller, bolter, blender, or mixer, or other person who manufactures or who buys flour, grits and corn meal, for the purpose of repacking shall sack the same in containers of net avoirdupois weights when packed of two, five, 10, 25, 50, and 100 pounds and multiples of 100 pounds. These provisions shall apply to wheat flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meals, hominy and hominy grits: Provided, however, that the provisions of this section shall not apply to (a) the retailing of flours, meals, hominy, and hominy grits direct to the consumer from bulk stock, or (b) the sale of flours and meals to commercial bakers or blenders in containers of more than 100 pounds, or (c) for export or (d) flours, meals, hominy and hominy grits packed in cartons the net contents of which are less than five pounds, provided the number of pounds net weight shall be clearly designated on the outside of the container, or (e) the exchange by mills grinding for toll. [1906; last amended 1945.]

Sec. 42-303.1 Same: Tolerances.

From the weights above specified variations for inaccuracies will be allowed as follows: On all packages weighing 90 pounds or over, an allowance of one-fourth of one per cent., and on all packages smaller than 90 pounds an allowance of one-half of one per cent., less than the weight specified in the preceding section. [1906]

1 Penalty for violation of Ch. 42–3, see Sec. 42–9904, page 242. Code Annotated, Book 14, Title 42, Ch. 42-5-Testing of Milk and Cream.

Sec. 42-501. Enforcement.

The Commissioner of Agriculture, by himself or his deputies, shall be charged with the enforcement

of this Chapter [Secs. 42-501-42-562]. [1929; last amended 1935.]

Sec. 42-504. Method of test; scales; glassware.

None other than the Babcock method, or such method of testing as may be approved by the Commissioner of Agriculture, may be employed when testing milk or cream, the test of which is to be used as a basis for making payment for the milk or cream thus tested. None other than the Torsion balance scales, or such scales as may be approved by the Commissioner of Agriculture, may be used when weighing cream for testing, when such tests are to be used as a basis for making payment for such cream. It shall be unlawful to use adjustable scale weights in determining the weight of cream used in the Babcock test. • Specifications for ap

paratus and chemicals and directions for testing milk and cream must conform to those adopted by the American Dairy Science Association, with such additions as shall be deemed advisable by the Commissioner of Agriculture, to make them conform to the provisions of this Chapter [Secs. 42-50142-562]. All test tubes, bottles, pipettes, burrettes or instruments used in connection with testing or determining the value of milk, cream, or other dairy products by the use of the Babcock test, must be United States Government standard and shall be approved by the Commissioner of Agriculture. [1929; last amended 1935.]

Sec. 42-507.1 Bottles and pipettes: How marked; tests of.

All bottles and pipettes used in measuring milk or milk products for determining the percentage of fat in said milk or milk products shall have clearly blown or otherwise permanently marked in the side of the bottle or pipette the word "sealed," and in the side of the pipette or the side or bottom of the bottle, the initials or trade-mark of the manufacturer and his designating number, which number shall be furnished by the Commissioner of Agriculture upon application by the manufacturer and the filing of a bond in the sum of $1,000 with sureties to be approved by the Commissioner, conditioned upon conformance with the requirements of this section. A record of the bonds furnished, the designating numbers, and to whom furnished, shall be kept in the office of the Department of Agriculture. Any manufacturer who sells Babcock, or other milk, cream, or butter test bottles or milk pipettes, to be used in this State, that do not comply with the provisions of this section, shall suffer a penalty of $500, to be recovered by the Attorney General in an action in the name of the State, under the bond of such manufacturer. The Commissioner of Agriculture shall prescribe specifications with which the glassware mentioned in this section shall comply. The unit of graduation for all Babcock or other glassware shall be the true cubic centimeter,