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the party injured ten dollars, recoverable before a justice of the peace.

(7) Any person, firm, or corporation who shall knowingly violate any of the provisions of KRS 363.120 to 363.140 shall be guilty of a misdemeanor and subject to a fine of not less than twenty-five dollars nor more than two hundred dollars for each offense.

(8) Any tobacco or grain warehouse or public stockyards or agent, manager, corporation or organization that violates any of the provisions of KRS 363.150 shall be fined not less than one hundred dollars nor more than five hundred dollars, and if a corporation it shall forfeit all corporate rights and privileges.

(9) Any public officer, agent or employe who fails to discharge the duties imposed by KRS 363.150 and 363.160 shall be fined not less than fifty dollars nor more than five hundred dollars. [1944]

Revised Statutes 1946, Title IX, Ch. 83-Cities of the First Class.

Sec. 83.170. Supervision of weights and measures.

(1) The department of public safety shall be under the supervision and direction of a director of safety, and shall have exclusive control, under the city ordinances, of all matters relating to the inspection of weights and measures, [1893]

Sec. 83.310. Protection against defective weights and meas

ures.

The board of aldermen of each city of the first class shall, by ordinance, provide suitable penalties for the punishment of persons who knowingly use defective or imperfect weights or measures, and may provide for employees, to be appointed by and be under the supervision of the mayor or the director of safety, to enforce the ordinance. The employees shall be paid by the city and no fees shall be charged for their services. [1893]

Revised Statutes 1946, Title IX, Ch. 84-Cities of the Second Class.

Sec. 84.200. Scales; weights and measures; inspection and regulation.

(1) The general council may, by ordinance:

(a) Establish and regulate the standard of weights and measures to be used in the city, and provide for the inspection of all weights and

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syrups, turpentine, vinegar and spirituous, vinous or malt liquors;

(e) Provide for the inspection and weighing or measuring of hay and fuel;

(f) Provide for regulating the weight and quality of bread;

(2) No article listed in subsection (1) of this section that is to be shipped beyond the city limits shall be inspected except at the request of its owner. [1894]

Revised Statutes 1946, Title IX, Ch. 85-Cities of the Third Class.

Sec. 85.160. Weights and measures; inspection and regulation.

The common council may, by ordinance:

(1) Establish standard weights and measures to be used in the city;

(2) Provide for the inspection and measuring of lumber and other building materials;

(3) Provide for the inspection and weighing or measuring of stone, fuel, hay, corn, grain and produce of all kinds;

(4) Provide for and regulate the inspection of beef, pork, flour, meal, milk, butter, lard and other provisions, oil and spirits; [1893]

Revised Statutes 1946, Title IX, Ch. 86-Cities of the Fourth Class.

Sec. 86.130. Weights and measures; inspection and regulation.

The city council may, within the city:

(1) Erect and keep in repair accurate public scales, appoint public weighers to attend to them, and fix fees and compensation for the services of the weighers;

(2) Establish standard weights and measures, and regulate the weights and measures to be used in the city in all cases where they are not provided for by law;

(3) Enact ordinances requiring all coal sold for delivery in or out of the city to be weighed by the public weigher;

(4) Enact ordinances requiring all illuminating oils sold in the city to be inspected by the public inspector;

(5) Provide for and regulate the inspection of butter, lard and other provisions;

(6) Regulate the vending of all articles of food for consumption within the city limits. [1893] Revised Statutes 1946, Title IX, Ch. 87-Cities of the Fifth Class.

Sec. 87.170. Appointment and term of city weigher.

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Revised Statutes 1946, Title IX, Ch. 86-Cities of the Fourth Class-Continued. city weigher,

for terms of two years, subject to removal at the pleasure of the council. [1893]

Revised Statutes 1946, Title IX, Ch. 88-Cities of the Sixth Class.

Sec. 88.180. Appointment and term of town weigher.

* *

(3) The board of trustees may appoint a town weigher who shall hold office for two years, but may be removed at the pleasure of the board of trustees. [1893]

Revised Statutes 1946, Title XVIII, Ch. 217-Food. Sec. 217.010. Definition.

(1) As used in KRS 217.020 to 217.180, unless the context otherwise requires:

(a) "Food" means every article used for or entering into the composition of food or drink for man or domestic animals, including all liquors.

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Sec. 217.060. Manufacture or sale of misbranded food prohibited.

(1) No person in this state shall manufacture for sale, produce for sale, expose for sale, have in his possession for sale or sell any article of food or drug that is adulterated or misbranded.

(2) No article of food or drug shall be deemed misbranded or adulterated when intended for shipment to any other state or country, if the article is not adulterated or misbranded as determined by the laws of the United States, but if the article is in fact sold or offered for sale for domestic use or consumption within this state this proviso shall afford no immunity. [1918]

Sec. 217.110. Inspectors; right of entry.

(1) The State Board of Health may appoint such agents or inspectors as it deems necessary, who shall have free access at all reasonable hours to any place where any food or drug product is being produced, manufactured, prepared, kept, offered for sale or dispensed, for the purpose of determining whether the provisions of KRS 217.010 to 217.180 are being violated. Upon tendering the market price, any

such agent or inspector may take from any person a sample of any article desired for examination. [1918]

Sec. 217.160. Guaranty protection.

In all prosecutions under KRS 217.010 to 217.180, the courts shall admit as evidence a guaranty made to the holder of the guaranty by any manufacturer or wholesaler residing in this state, to the effect that the product complained of is not adulterated or misbranded within the provisions of KRS 217.010 to 217.180. Such guaranty, properly signed by and containing the full name and address of the wholesaler, jobber, manufacturer or other person residing in this state from whom the holder of the guaranty has purchased the article complained of, shall, in the absence of any proof that the article complained of was adulterated or misbranded after it was received by the holder of the guaranty, be a bar to prosecution of the holder of the guaranty. [1918] Sec. 217.990. Penalty for manufacture and sale of misbranded food.

(1) Any person who violates any of the provisions of subsection (1) of KRS 217.060 shall be fined not less than ten dollars nor more than one hundred dollars, or imprisoned for not more than fifty days, or both. [1918]

Revised Statutes 1946, Title XVIII, Ch. 218-Narcotic Drugs.

Sec. 218.100. 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. * [1934]

Sec. 218.190. Enforcement.

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 all county attorneys, to enforce all provisions of this chapter [Secs. 218.010-218.250], 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. [1934]

Sec. 218.210. Penalty for violations.

Any person violating any provision of this chapter [Secs. 218.010-218.250] shall upon conviction be punished for the first offense by a fine not exceeding one thousand dollars, or by imprisonment for not exceeding three years, or both such fine and imprisonment, and for any subsequent offense, by a fine not exceeding five thousand dollars, or by

imprisonment in the penitentiary for not exceeding ten years, or by both such fine and imprisonment. [1934]

Revised Statutes 1946, Title XX, Ch. 244-Alcoholic Beverages.

Sec. 244.230. Marking requirements.

(1) The regulations of the Bureau of Internal Revenue in the United States Department of the Treasury1, as they are now or may be hereafter, with respect to the labeling of distilled spirits and wine, are adopted and any distilled spirits and wine shall be deemed to be properly labeled under all the laws of this state, if the labels conform to those regulations.

(2) Distilled spirits not produced or bottled in the United States shall be labeled in the same manner that distilled spirits produced or bottled in this state are required to be labeled.

(3) Subsections (1) and (2) shall not prevent the department [of Alcoholic Beverage Control] from promulgating regulations on this subject that are in addition to but not contrary to the regulations of the Bureau of Internal Revenue in the United States Department of the Treasury. [1938]

1 See Code of Federal Regulations 1949 Edition, Title 27, Secs. 4.37 and 5.37 at pages 500 and 520, respectively, which relate to the net content marking of wine and distilled spirits. For misbranding of alcoholic beverages, see KRS 217.010, 217.030, 217.060, page 380.

Sec. 244.990. General penalty.

(1) Any person who, by himself or acting through another, directly or indirectly, violates any of the provisions of this chapter [Secs. 244.010-244.990] for which no other penalty is provided, except KRS 244.380 to 244.470, shall, for the first offense, be fined not less than one hundred nor more than two hundred dollars or imprisoned in the county jail or workhouse for not more than six months, or both; and for the second and each subsequent violation, he shall be fined not less than two hundred nor more than five hundred dollars or imprisoned in the county jail or workhouse for not more than six months, or both. [1938]

Revised Statutes 1946, Title XXI, Ch. 248-Tobacco Warehouses.

Sec. 248.280. Weighing.

(1) Any person engaged in the business of warehouseman for the purpose of receiving, grading, handling, prizing and storing tobacco, shall, upon the receipt of tobacco, have competent persons to grade it into distinct and proper grades and weigh it. He shall give a warehouse receipt for the tobacco to the owner or consignor, setting forth each grade and the number of pounds. [1940]

Sec. 248.300. Enforcement.

(1) The department [of Agriculture, Labor and Statistics] shall administer KRS 248.290 to 248.440 and shall have general supervision over the sale of tobacco in warehouses throughout the state.

(2) The commissioner shall employ such inspectors and other employees as are necessary for the enforcement of KRS 248.290 to 248.440 and fix the duties and compensation of those employees. [1940]

Sec. 248.310. Duties of inspectors; inspecting and sealing of weights and measures.

(1) The inspectors employed under KRS 248.300 shall carry out a general inspection service of all warehouses and shall strictly enforce KRS 248.280 to 248.440.

(2) The inspectors employed by the department shall inspect the weights, measures, weighing devices and measuring devices of all tobacco warehouses and shall stamp those weights, measures, weighing devices and measuring devices with a mark which shall be placed in a conspicuous position on the device inspected. The stamp shall certify that the device has been inspected by an agent of the department, that the device has been found to comply strictly with the laws of this state and of the United States and is in every sense exactly what it purports to be.

(3) An inspector employed by the department may reweigh any tobacco at any warehouse at any time that the inspector is reasonably certain that the tobacco has been improperly weighed. [1940]

Sec. 248.390. Maximum height and weight of baskets of tobacco.

A basket of tobacco when placed on a warehouse floor for the purpose of sale shall not exceed five feet in height and shall contain not more than seven hundred pounds of tobacco. [1940]

Sec. 248.410. Weighmen must be bonded.

(1) Warehouses shall submit to the department [of Agriculture, Labor and Statistics] a list of the names of all weighmen employed. Each weighman so listed shall furnish a bond in the amount of five hundred dollars to the department for the faithful performance of his duty. Should any weighman knowingly and willfully, for the purpose of misleading the public, misrepresent or attempt to misrepresent the weight of any tobacco weighed by him on the warehouse floor, his bond shall be forfeited and the proceeds of it paid into the State Treasury. (2) No person other than a bonded weighman shall be permitted to weigh tobacco for the purpose of sale at any tobacco warehouse. [1940]

Sec. 248.420. Inducement of false report by weighman prohibited.

No warehouseman shall attempt by any means to influence a weighman to report falsely the weight

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(4) "Concentrated commercial feeding stuff" includes linseed meals, corn and corn-cob meals, cocoanut meals, gluten feeds, gluten meals, germ feeds, corn feeds, starch feeds, sugar feeds, dried brewers' grains, malt sprouts, dried distillers' grains, dried beet refuse, hominy feeds, cerealine feeds, rice meals, rice bran, rice polish, peanut meals, oat feeds, corn and oat feeds, corn bran, wheat bran, wheat middlings, wheat shorts and other mill products, ground beef, fish scraps, mixed feeds, clover meal, alfalfa meal and feeds, pea-vine meal, cottonseed meal, velvet bean meal, feeds and meals mixed or unmixed, made from seeds or grains, and all materials of similar nature used for food for domestic animals, condimental feeds, poultry feeds, stock feeds, patented proprietary or trade and market stock and poultry feeds. [1906]

Sec. 250.260. Marking requirements; size of containers.

(1) Every container of concentrated commercial feeding stuff, manufactured, sold, offered or exposed for sale in or imported into this state, shall have a label securely attached to it. The label shall have plainly printed on it the number of net pounds of concentrated commercial feeding stuff in the container;

(2) All concentrated commercial feeding stuffs shall be in standard weight containers of no other than fifty, one hundred, one hundred and fifty, or two hundred pounds each, or less than fifty pounds, or sold in bulk. [1906]

Sec. 250.350. Enforcement; rules and regulations.

The director [of the Agricultural Experiment Station] may adopt standards for concentrated commercial feeding stuffs and may make and enforce such regulations as he deems necessary to carry fully into effect the true intent and meaning of KRS 250.240 to 250.350. [1906]

Revised Statutes 1946, Title XXI, Ch. 250-Commercial Fertilizer.

Sec. 250.360. Prohibited sales.

No person shall sell, offer or expose for sale any fertilizer without having previously complied with the provisions of KRS 250.360 to 250.480. [1898]

Sec. 250.370. Container to be labeled.

Every quantity of commercial fertilizer, in any shape or form whatever, sold or offered for sale in this state, shall have attached to it in a conspicuous place a label as provided in KRS 250.400. [1898] Sec. 250.390. Registration.

In each year, before any person shall sell, offer or for sale in this state any commercial ferexpose tilizer, he shall furnish to the director [of the Agricultural Experiment Station] a sealed quantity of not less than one pound of the commercial ferti lizer, sufficient for analysis, accompanied by an affidavit that the sample so furnished is a fair and true sample of a commercial fertilizer which the person desires to sell in this state. The affidavit shall also state the number of net pounds

in such form and man

in each container
ner as the director prescribes. [1898]

Sec. 250.400. Director to furnish labels.

The director [of the Agricultural Experiment Station], upon receipt of the affidavit and sample provided for in KR$ 250.390 and upon receipt of the fees provided for in KRS 250.410, shall issue a sufficient number of labels to label not less than twenty tons of the fertilizer. In the label shall be printed the name and address of the manufacturer, the name of the fertilizer, the number of net pounds in each package, * [1898]

Sec. 250.480. Enforcement; rules and regulations.

The director [of the Agricultural Experiment Station] shall enforce the provisions of KRS 250.360 to 250.480 and make and enforce such regulations as he deems necessary to carry fully into effect the true intent and meaning of those sections. [1898] Sec. 250.990. Penalty for violations.

(2) Any person who violates any of the provisions of KRS 250.360 shall be fined not less than one hundred dollars, nor more than five hundred dollars. [1898]

Revised Statutes 1946, Title XXI, Ch. 260-Standard Apple Barrel.

Sec. 260.040. Enforcement; rules and regulations.

The commissioner [of Agriculture, Labor and Statistics] shall enforce KRS 260.040 to 260.120 under regulations adopted by him. [1916]

Sec. 260.070. Dimensions.

(1) The standard barrel for apples shall be of the following dimensions when measured without distention of its parts: length of stave, 281/2 inches; diameter of head, 17 inches; distance between heads, 26 inches; circumference of bulge, 64 inches outside measurement, representing as nearly as possible 7,056 cubic inches.

(2) Steel barrels containing the interior dimensions provided for in this section shall be construed as a compliance. [1916]

Sec. 260.990. Penalty for violations.

(1) Any person who knowingly violates any of the provisions of KRS 260.040 to 260.120 shall, for the first offense, be fined not less than ten dollars, nor more than twenty-five dollars; for the second offense, he shall be fined not less than twenty-five dollars, nor more than fifty dollars; and for the third and each subsequent offense, he shall be fined not less than fifty dollars nor more than two hundred dollars. Whenever a violation is with respect to a lot or shipment consisting of fifty or more closed packages, there may be imposed in addition to the above penalties twenty-five cents for the first offense, fifty cents for the second offense and one dollar for each subsequent offense for each package in excess of fifty with respect to which the violation is committed. [1916]

Revised Statutes 1946, Title XXI, Ch. 260—-Milk and Cream.

Sec. 260.200. Fraudulent manipulation of weights and unfair sampling prohibited.

No person receiving milk or cream by weight or test or by weight and test shall fraudulently manipulate the weights of milk or cream of any patron, take unfair samples or fraudulently manipulate samples. The person weighing the milk or cream shall weigh it accurately and shall report such weights correctly to the factory. He shall thoroughly mix the milk or cream of each patron by pouring and stirring until the milk or cream is uniform and homogeneous in richness, before the sample is taken from the milk or cream. [1918] Sec. 260.210. Falsifying Babcock tests prohibited.

No person buying and paying for milk or cream on the basis of the amount of fat contained in the milk or cream, shall under-read, over-read or other

wise fraudulently manipulate the Babcock test or falsify the record of the test, read the test at any temperature except at from 135 to 140 degrees F. or pay on the basis of any measurement or weight except at 17.6 cubic centimeters for milk and 9 grams for cream. In all tests the cream shall be weighed into the test bottles. [1918]

Sec. 260.220. Standard and approved testing apparatus required; inspection fee.

(1) Every person buying and paying for milk or cream on the basis of amount of butterfat contained in the milk or cream, as determined by the Babcock test, shall use standard Babcock test bottles, pipettes and weights and accurate scales, as defined in KRS 260.230 to 260.260. All Babcock test bottles, pipettes and weights shall be inspected for accuracy by the experiment station and shall be legibly and indelibly marked by the experiment station with the letters "S.G.K." (standard glassware, Kentucky). No bottle, pipette or weight shall be used for the test unless so examined and marked by the experiment station. No person shall 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 the milk or cream bought and paid for on the butterfat basis.

(2) A fee of three cents for each piece of glassware inspected by the experiment station shall be paid by the owner of the glassware to the experiment station. [1918]

Sec. 260.230. Standard milk test bottles.

The specifications of standard milk test bottles used in Babcock tests shall be as follows:

(1) The total percent graduation shall be 8. The graduated portion of the neck shall have a length of not less than 63.5 millimeters (21/2 inches). The graduation shall represent 1%, .5% and .1%. The .1% graduations shall not be less than 3 millimeters in length, the .5% graduation shall be 1 millimeter longer than the .1% graduation, projecting 1 millimeter to the left; and the 1% graduation shall extend at least one-half way around the neck to the right and projecting 2 millimeters to the left of the .1% graduations. Each percent 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 1%.

(2) The neck shall be cylindrical. The cylindrical shape shall extend for at least 9 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 10 millimeters.

(3) The capacity of the bulb up to the junction of the neck shall not be less than 45 cubic centimeters. The shape of the bulb may be either cylindrical or conical with the smaller diameter at the bottom. If the shape is cylindrical, the outside

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