(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 Experimen Station] may adopt standards for concentrated com mercial feeding stuffs and may make and enforc such regulations as he deems necessary to carry full into effect the true intent and meaning of KR 250.240 to 250.350. [1906]

Revised Statutes 1946, Title XXI, Ch. 250-Commer cial Fertilizer.

Sec. 250.360. Prohibited sales.

No person shall sell, offer or expose for sale an fertilizer without having previously complied wit the provisions of KRS 250.360 to 250.480. [1898 Sec. 250.370. Container to be labeled.

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

In each year, before any person shall sell, offer expose for sale in this state any commercial fe tilizer, he shall furnish to the director [of the Ag cultural Experiment Station] a sealed quantity not less than one pound of the commercial fer lizer, sufficient for analysis, accompanied by a affidavit that the sample so furnished is a fair ar true sample of a commercial fertilizer which t person desires to sell in this state. The affidav shall also state the number of net poun

in each container in such form and ma ner as the director prescribes. [1898]

Sec. 250.400. Director to furnish labels.

The director [of the Agricultural Experime Station], upon receipt of the affidavit and samp provided for in KRS 250.390 and upon receipt the fees provided for in KRS 250.410, shall issue sufficient number of labels to label not less th twenty tons of the fertilizer. In the label shall printed the name and address of the manufactur the name of the fertilizer, the number of net poun in each package, [1898]

Sec. 250.480. Enforcement; rules and regulations.

The director [of the Agricultural Experime Station] shall enforce the provisions of KRS 250.3 to 250.480 and make and enforce such regulatio as he deems necessary to carry fully into effect t true intent and meaning of those sections. [189 Sec. 250.990. Penalty for violations.

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 manipuate the weights of milk or cream of any patron, make 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 nilk 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

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

diameter shall be between 34 and 36 millimeters; if the shape is conical, the outside diameter of the base shall be between 31 and 33 millimeters, and the maximum diameter between 35 and 37 millimeters.

(4) The charge of the bottle shall be 18 grams.

(5) The total height of the bottle shall be between 150 and 165 millimeters (57% and 611⁄2 inches). [1918]

Sec. 260.240. Standard cream test bottles.

Two types of bottles shall be accepted as standard cream test bottles for purposes of the Babcock test: namely, a 50%, 9 gram short-neck bottle and a 50%, 9 gram long-neck bottle.

(1) The 50%, 9 gram short-neck bottles shall have the following specifications:

(a) The total percent graduation shall be 50. The graduated portion of the neck shall have a length of not less than 63.5 millimeters (211⁄2 inches). The graduation shall represent 5%, 1% and .5%. The 5% graduation shall extend at least half way around the neck to the right. The .5% graduation shall be at least 3 millimeters in length and the 1% graduation shall have a length intermediate between the 5% and 5% graduations. Each 5% 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 .5%.

(b) The neck shall be cylindrical and the cylindrical shape shall extend at least 9 millimeters below the lowest and 9 millimeters above the highest graduation mark. The top of the neck shall be flared to a diameter of not less than 10 millimeters.

(c) 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 diameter shall be between 34 and 36 millimeters; if the shape is conical, the outside diameter of the base shall be between 31 and 33 millimeters and the maximum diameter between 35 and 37 millimeters.

(d) The charge of the bottle shall be 9 grams. All bottles shall bear on top of the neck above the graduations, in plain, legible characters, the mark defining the weight charge to be used (9 grams).

(e) The total height of the bottle shall be between 150 and 165 millimeters (57% and 611⁄2 inches).

(2) The 50%, 9 gram long-neck bottles shall have the same specifications in every detail as the 50%, 9 gram short-neck bottles, with the exception that the total height of this bottle shall be between 210 and 235 millimeters (814 and 914 inches) and the total length of the graduation shall not be less than 120 millimeters. [1918]

Sec. 260.250. Standard pipette.

The standard pipette shall have a length of not more than 330 millimeters (1314 inches). The out

side diameter of the suction tube shall be from 6 to 8 millimeters and the length of the suction tube 130 millimeters. The outside diameter of the delivery tube shall be from 4.5 to 5.5 millimeters, and the length of the delivery tube shall be from 100 to 120 millimeters. The distance of graduation mark above the bulb shall be from 30 to 60 millimeters. The nozzle shall be straight. Delivery shall be 17.6 cubic centimeters of water to 20 degrees C. in 5 to 8 seconds. [1918]

Sec. 260.260. Standard weight.

The standard weight shall be nine grams. [1918]

Sec. 260.990. Penalties.

(3) Any person buying or paying for milk or cream on the basis of the amount of butterfat contained in the milk or cream, who violates any of the provisions of KRS 260.170 to 260.270 shall, for the first offense, be fined one hundred dollars, and, for each subsequent offense, he shall be fined not less than one hundred dollars, nor more than one thousand dollars.

(4) Any employee of a person, buying and paying for milk or cream on the basis of the amount of butterfat it contains, who violates any of the provisions of KRS 260.170 to 260.270 shall be fined not less than twenty-five dollars, nor more than five hundred dollars, or be imprisoned in the county jail for not less than sixty days nor more than twelve months, or both. [1918]

Revised Statutes 1946, Title XXI, Ch. 261-Stockyards and Stockyard Weighmen.

Sec. 261.010. Definitions.

means

(1) As used in this chapter [Secs. 261.010261.990], unless the context requires otherwise: (a) "Commissioner" Commissioner Agriculture, Labor and Statistics; (b) "Department" means the Department of Agriculture, Labor and Statistics; and

(c) "Stockyard" means livestock yard, marke place, concentration point, packing plant or any other place where livestock is bought and sold other than one which is posted and subject to regulation by the United States Secretary of Agri culture under the Packers and Stock Yards Act, 1921 (42 Stat. 159) as amended and regulations promul gated under those statutes by the Secretary of Agri culture.

(2) This chapter does not apply to private sale of livestock between two individuals. [1940]

Sec. 261.020. Enforcement; supervision of scales.

The department shall administer this chapte [Secs. 261.010-261.990] and have general super vision over all scales used by stockyards. [1940]

Sec. 261.060. Scales to be kept in good condition.

All stockyard scales shall be kept clean, well oiled and in good condition at all times. Each stockyard shall make frequent inspection of all scales for evidence of harm done to the scales. [1940]

Sec. 261.070. Inspectors.

The commissioner shall employ such inspectors and other employes as are necessary for the enforcement of this chapter [Secs. 261.010-261.990]. Their duties and compensation shall be fixed by the commissioner. [1940]

Sec. 261.080. Functions of inspector.

(1) Inspectors employed under KRS 261.070 shall inspect, as often as the department deems necessary, all scales in stockyards. Territory shall be assigned by the department to each inspector. (2) An inspector may:

(a) Reweigh any livestock at any stockyard at any time that he sees fit;

(b) Inspect all scales in all stockyards and require the owner or operator of the scales to clean and oil them and make any necessary adjustments so that the scales shall operate properly at all times;

and

(c) Order a technical inspector or scale tester to test the scales at the expense of the stockyard which owns the scales, if, upon inspection, the inspector is reasonably certain that the scales inspected are out of adjustment. [1940]

Sec. 261.090. Only bonded weighmen may weigh livestock. (1) No person other than a weighman who has been bonded as provided in KRS 261.100, shall weigh livestock for the purpose of sale at any stockyard.

(2) Any owner or operator of any stockyard who employed bonded weighmen prior to June 12, 1940, and who by agreement with the department continues to employ those bonded weighmen shall be exempt from this section and KRS 261.100. [1940] Sec. 261.100. Weighman to be bonded; forfeiture of bond.

Each weighman employed by a stockyard shall furnish a bond in the amount of one thousand dollars to the department for the faithful performance of his duty. If any stockyard weighman knowingly and willfully misrepresents or attempts to misrepresent the weight of any animal for the purpose of misleading the public, his bond shall be forfeited and the proceeds paid into the State Treasury to be credited to the General Fund. [1940]

Sec. 261.110. Stockyards to send lists of weighmen to department.

All stockyards employing weighmen shall forward to the department lists of all the weighmen employed. [1940]

Sec. 261.990. Penalty for violations.

(1) Any person who violates any of the provisions of KRS 261.090 to 261.110 or knowingly violates KRS 261.060 or any regulation of the department, shall be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned for not more than three months, or both.

(3) Any owner, lessee, manager, or operator of any stockyard who attempts by any means to influence any weighman to falsely report the weight of any animal shall be fined not less than five hundred dollars nor more than one thousand dollars. [1940]

Revised Statutes 1946, Title XXIV, Ch. 278—Public Utilities.

Sec. 278.210. Test and examination of meters; fees.

(1) The commission [Public Service Commission] may provide instruments for, and carry on, the examination and testing of any meter or appliance used to measure the product or service of any utility, and the examination and testing of any instrument used by a utility to test the accuracy of any meter or appliance used to measure its products

or services.

(2) Any patron of a utility may, upon request and payment of the fees fixed by the commission, have a test made of the meter or appliance by which his use of the products or services of the utility is measured.

(3) The commission may establish reasonable fees for testing such meters and appliances at the request of a patron of a utility. If the appliance is found to be commercially defective or inaccurate to the extent of more than two percent to the disadvantage of the patron, the fees shall be repaid to the patron and paid by the utility. [1936]

Revised Statutes 1946, Title XXVIII, Chs. 351, 352 -Coal Mine Scales.

Sec. 351.020. Enforcement.

(1) The Department of Mines and Minerals shall be headed by the Chief of the Department of Mines and Minerals.

(2) The department shall administer all laws of this state relating to mines. [1934]

Sec. 351.090. Inspectors of mine weights; appointment; oath; bond.

(1) The Governor shall appoint for a term of four years not more than twenty-five district mine inspectors, one of whom shall be designated as an electrical district mine inspector, and not more than eight inspectors of mine weights.

Revised Statutes 1946, Title XXVIII, Chs. 351, 352Coal Mine Scales-Continued.

(6) Each district mine inspector and inspector of mine weights shall take oath, which shall be certified by the officer administering it. The oath, in writing, and the certificate, shall be filed in the office of the Secretary of State.

(7) Each district mine inspector and inspector of mine weights shall give bond with surety ap proved by the Governor. [1934; last amended 1946.]

Sec. 351.180. Inspection of mine scales; fee.

(1) The inspectors of mine weights shall inspect and test all scales, except railroad scales, used in connection with any commercial coal mine in this state, and shall determine their mechanical condition and accuracy. Each coal operator or superintendent shall render such assistance to the inspector of mine weights as may be necessary in conveying and handling the weights and other appliances that are needed for the proper inspecting and testing of scales. The inspector of mine weights shall leave a written record with the mine operator or superintendent as to the condition of the scales inspected and shall post in the weight office a record of the inspection of the scales. If upon inspecting and testing any mine scale the inspector deems it necessary that the scale have any parts replaced, or that the scale be reconditioned or the foundation or building repaired or renewed, the operator or superintendent shall immediately comply with his recommendations.

(2) Each operator shall pay a fee of $7.50 to the department for each mine scale inspection. [1934]

Sec. 352.520. Operator to furnish scales; inspection and testing.

(1) The operator or superintendent of each coal mine shall provide at the tipple or dumping point of the mine suitable and accurate scales for the weighing of coal for which the miners are to be paid, and when differences arise between the operator or superintendent of the mine and the miners as to the accuracy or capacity of the scales and such differences cannot be adjusted locally the question shall be referred to the Department of Mines and Minerals. The department shall inspect and test the scales as early as practicable after receiving notification. If the inspecting officer of the department finds the scales inaccurate or defective beyond the limit permitted by the department, he shall notify the operator or superintendent of the mine, and the scales shall immediately be repaired and made accurate or accurate scales substituted therefor. If the inspecting officer finds the scales to be weighing within the limits prescribed by the department, he shall so advise the operator, the superintendent and the representative of the miners in a

manner prescribed by the chief of the department. (2) Where coal is loaded by mechanical means by the day or by the car, subsection (1) does not apply.

(3) No person shall tamper with any mine scale except to adjust the tare weights for the different types of mine cars and balance the scales. [1934] Sec. 352.530. Check weighman.

(1) When a majority of the miners in any mine request the operator of the mine to allow the miners to employ at their own expense a check weighman to inspect the weights at the mine, and see that all coal mined is properly weighed and accounted for, and perform only such other duties as will insure that the coal is properly weighed and correctly accounted for, the operator shall permit a check weighman to be employed by the miners making the request, provided the person so employed has the reputation of being an honest, truthworthy, discreet, sober and upright man. The check weighman shall be an employe of the mine, unless no employe is a suitable person, in which case the miners may, by agreement with the operator, elect some other person who is suitable. No check weighman shall hold any other office or have any other duties than as check weighman. The check weighman shall be elected by a majority of the employes engaged in mining and loading coal and the elec tion shall be properly conducted by secret ballot at the principal entrance to the mine. The election of each check weighman shall be approved by the county judge of the county, on presentation of an affidavit stating that the check weighman has been duly and properly elected in accordance with the provisions of this section.

(2) The check weighman shall have free access to the mine scales while the mine is in operation or the scales are being tested. No agent or employe of the operator shall hinder or prevent the check weighman in the performance of his duties in a proper manner, and no check weighman shall prevent the weighman or other employee of the operator from performing his duties in a proper

manner.

(3) The operator or the superintendent shall see that cars are tared, in their usual running condition, at reasonable intervals. [1934]

Sec. 352.990. Penalty for violations by inspectors, etc, weighman or checkweighman.

(18) Any inspector of mine weights, coal oper ator, superintendent, agent, company weighman or check weighman who violates any of the provisions of KRS 352.520 or 352.530 shall be fined not less than twenty-five nor more than two hundred dollars. [1934]