Revised Statutes 1946, Title XXVIII, Ch. 354-Clay Mine Scales.

Sec. 354.010. Definitions.

(1) As used in KRS 354.010 to 354.470, unless the context requires otherwise:

(b) "Commercial mine" means any clay mine from which the product is mined for sale or exchange.

(c) "Department" means the Department of Mines and Minerals.

(3) The provisions of KRS 354.010 to 354.470 shall extend to commercial clay, but shall not apply to the mining of clay or other minerals which are mined from open pits or open mines. [1946]

Sec. 354.020. Enforcement.

KRS 354.010 to 354.470 shall be administered and enforced by the Department of Mines and Minerals. [1946]

Sec. 354.130. 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 clay mine in this state, and shall determine their mechanical condition and accuracy. Each clay 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. [1946] Sec. 354.990. Penalty for violations.

(2) Any person who violates any of the provisions of subsection (1) of KRS 354.130 shall be fined not less than twenty-five nor more than two hundred dollars. [1946]

Revised Statutes 1946, Title XXIX, Ch. 359-Grain Warehouses.

Sec. 359.070. Weigher for grain warehouses in city having board of trade; inspection standards and fees.

(1) The Commissioner of Agriculture, Labor and Statistics shall appoint an inspector, a weigher

and a registrar for the grain warehouses of each city containing grain warehouses and having a board of trade, and shall fix their duties, and the amount and kind of bond to be given by them.

(2) No person shall be appointed as such an inspector, weigher or registrar unless he is a citizen of Kentucky, is at least twenty-five years of age, has been for at least one year next preceding his appointment a resident of the city for which he is chosen, and is not a member of the city board of trade, or interested in any warehouse. [1893].

Sec. 359.080. Weigher in county not having board of trade. (1) In every county containing grain warehouses and not having a board of trade, the fiscal court shall appoint an inspector, a weigher and a registrar for the grain warehouses of the county. Each inspector, weigher or registrar shall be appointed for a term of two years and until his successor is appointed and has qualified. The inspector, the weigher and the registrar shall each file in the office of the county clerk a bond, with good sureties approved by the fiscal court, and conditioned for the faithful performance of their duties, and action. may be brought on the bond by any person injured by a violation of its conditions.

(2) No person shall be appointed as such an inspector, weigher or registrar unless he is a citizen of Kentucky, is at least twenty-five years of age, has been for at least one year next preceding his appointment a resident of the county for which he is chosen, and is not interested in any warehouse.

(4) The inspector, weigher and registrar shall inspect, weigh and register, respectively, all commodities stored in the grain warehouses, and the fiscal court shall fix the fees to be paid to them by the seller for their services. [1893]

Sec. 359.090. Breach of duty by weigher; improper influence.

(1) No inspector, weigher or registrar appointed under KRS 359.070 or 359.080 shall neglect his duty, or knowingly or carelessly inspect or grade any grain improperly, or accept any money or other consideration for any neglect of duty or for improperly performing any duty.

(2) No person shall improperly influence any such inspector, weigher or registrar in the performance of his duties. [1893]

Sec. 359.990. Penalty for improperly influencing weigher.

(3) Any person who violates any of the provisions of sub-section (2) of KRS 359.090 shall be fined not less than one hundred dollars nor more than one thousand dollars, or imprisoned for not less than three nor more than twelve months, or both. [1893]

Revised Statutes 1946, Title XL, Ch. 434-False Advertising.

Sec. 434.270. Unlawful acts; penalty.

Any person who, directly or indirectly, displays or exhibits to the public in any manner, whether by handbill, placard, poster, picture, film or otherwise; inserts or causes to be inserted in any publication; issues, exhibits or in any way distributes or disseminates to the public; or delivers, exhibits, mails or sends to any other person any false or misleading statement, representation or advertisement, with intent to sell, barter or exchange any goods, wares or merchandise or anything of value; or to deceive or mislead any other person to purchase,

discount or in any way invest in or accept as collateral security any bonds, bill, share of stock, note, warehouse receipt or any security; or to make any loan upon or invest in any property of any kind; or uses any of such advertising methods with the purpose of deceiving or misleading any other per son to employ, for a valuable consideration, the services of any person advertising such services, shall be fined not more than five hundred dollars, or be imprisoned for not more than sixty days, or both. If a corporation violates this section, it shall be fined not more than five hundred dollars, and its president, or other officers who are responsible for the management of the corporation, shall be imprisoned for not more than sixty days. [1916]

Acts 1948, No. 95-Weights and Measures. Sec. 1. State standards.

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Be it enacted by the Legislature of Louisiana, That the weights and measures received from the United States under joint resolution of Congress approved June 14, 1836, and July 27, 1866, and/or such weights and measures in conformity therewith as shall be supplied by the State shall, when the same shall have been certified by the National Bureau of Standards, be the State standards of weights and measures. Such State standards shall be submitted at least once in ten years to the National Bureau of Standards for certification. Such copies of the State standards of weights and measures and such other weights, measures, and apparatus as may be necessary to carry out the provisions of this Act shall be supplied by the State. [1948]

Sec. 2. Commission of weights and measures: Membership; director and assistants.

That there is hereby created a Commission of Weights and Measures, to be composed of the Governor, the Collector of Revenue and the Commissioner of Agriculture and Immigration, which commission shall carry out the provisions of this Act; the Commission of Weights and Measures shall appoint a Director, inspectors of weights and meas

Statement to be filed; marking requirements;

Cancellation of registration

Warning notices for minor violations
Exceptions

Dart's Criminal Statutes, 1943, Part IV, Ch. 19-False

Sec. 966 967

Advertising

Unlawful acts Same: Penalty

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ures and clerical assistants who shall comprise Division of Weights and Measures in the Depar ment of Agriculture and Immigration. The powe and duties given to and imposed upon the Con mission of Weights and Measures by this Act a hereby given to and imposed upon its Director an inspectors also, when acting under its instructio and at its direction. [1948]

Sec. 3. Same: Power and authority; inspection and rig of entrance; violation.

That the Commission of Weights and Measur hereinafter referred to as the Commission, sha have and keep a general supervision over t weights and measures and weighing and measuri devices offered for sale, sold, and in use in t State. When not otherwise provided by law, t Commission shall have the power to inspect, te try, and ascertain if they are correct, all weigh measures, and weighing or measuring devices kep offered, or exposed for sale; and it shall be its du at least once each year and as much oftener as may deem necessary to inspect, test, try, and asc tain if they are correct, all weights, measures, a weighing or measuring devices commercially us or employed in proving the size, quantity, exter area or measurement of quantities, things, produ or articles for distribution or consumption, p

chased or offered or submitted for sale, hire, or award, or in computing any charge for services rendered on the basis of weight or measure, or in determining weight or measure when a charge is made for such determination; and it shall have the power to and shall from time to time weigh or measure and inspect packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered or exposed for sale, or sold or in the process of delivery, in order to determine whether the same contain the amounts represented, and whether they be offered for sale or sold in a manner in accordance with law. The Commission of Weights and Measures may for the purposes above mentioned, and in the general performance of its official duties, enter and go into or upon, and without formal warrant, any stand, place, building, or premises, or stop any vendor, peddler, itinerant buyer, person in charge of any delivery vehicle, or any person whatsoever, and require him, if necessary, to proceed, with or without any vehicle involved, to some place which the Commission may specify. Whenever the Commission finds a violation of the statutes relating to weights and measures, it shall cause the violator to be prosecuted. [1948]

Sec. 4. Same: Regulations; sealing; right to seize and condemn; confiscation.

That the Commission shall issue from time to time regulations for the enforcement of the provisions of this Act [Secs. 1-13]. The said regulations may include standards of net weight, net measure, or net count for any commodity, product, or article, and also specifications and tolerances for all weights, measures, and weighing and measuring devices of the character of those specified in Section 3, which shall be designated to eliminate from use, without prejudice to apparatus which conforms as closely as practicable to the official standards, those which are not accurate, which are of such construction that they are faulty-that is, which are not reasonably permanent in their adjustment or which will not repeat their indications correctly-or which facilitate the perpetration of fraud. For the purposes of this Act apparatus shall be deemed to be correct when it conforms to all applicable requirements promulgated as specified in this section; other apparatus shall be deemed to be incorrect. Regulations promulgated under the authority of this section shall have the force and effect of law.

Whenever the Commission compares weights, measures, or weighing or measuring devices and finds that they correspond or causes them to correspond with the standards in his possession, it shall seal or mark such weights, measures, or weighing or measuring devices with appropriate devices.

The Commissioner shall condemn and seize and may destroy incorrect weights, measures, or weighing or measuring devices which, in his best judg

ment, are not susceptible of satisfactory repair; but such as are incorrect and yet, in its best judgment, may be repaired, it shall mark or tag as "Condemned for Repairs." The owners or users of any weights, measures, or weighing or measuring devices of which such disposition is made shall have the same repaired and corrected within such reasonable period as may be specified by the Commission, and they may neither use nor dispose of the same in any way, but shall hold the same at the disposal of the Commission. Any weights, measures, or weighing or measuring devices which have been "condemned for repairs," and have not been repaired as required above, shall be confiscated by the Commission. [1948]

Sec. 5. Commodities in package form: Marking requirements; unlawful acts; "in package form" defined.

That it shall be unlawful to keep for the purpose of sale, offer or expose for sale, or sell, any commodity in package form unless the net quantity of the contents be plainly and conspicuously marked on the outside of the package, in terms of weight, measure, or numerical count: Provided, however, that reasonable variations or tolerances shall be permitted, and that these reasonable variations or tolerances and also exemptions as to small packages shall be established by rules and regulations made by the Commission. It shall be unlawful to keep for the purpose of sale, offer or expose for sale, or sell any commodity in package form if its container is so made, formed, or filled, or if it is so wrapped, as to mislead the purchaser as to the quantity of the contents; or if the contents of its container fall below the standard of fill prescribed by regulations promulgated as provided in this section. For the effectuation of the purposes of this section the Commission is hereby authorized to promulgate regulations fixing and establishing for any commodity in package form a reasonable standard of fill of containers.

The words "in package form" as used in this Act [Secs. 1-13] shall be construed to include a commodity in a package, carton, case, can, box, barrel, bottle, phial, or other receptacle, or in coverings or wrappings of any kind, put up by the manufacturer, or, when put up prior to the order of the commodity, by the vendor, 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 "in package form" shall be construed to include both the wholesale and the retail package.

Provided, that a box or carton used for shipping purposes, containing a number of packages which are individually marked, as hereinbefore provided, will not be required to bear weight or measure of the contents thereof.