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be established that the fruit or vegetable passed inspection by an authorized inspector of the Department (State Department of Markets) or by an inspector of the United States Department of Agriculture and was graded, packed and marked in accordance with the provisions of this sub-title. Certificates of inspection issued by all such inspectors shall be accepted as prima facie evidence in any Court of the facts contained therein. [1939] Sec. 38. When vendor exempt from prosecution.

Any person who sells any fruit or vegetable in a container which is not properly marked shall not be prosecuted therefor when he can establish by satisfactory evidence that he was not a party to the grading or packing of the fruit or vegetable in question, and had no knowledge that the same was mismarked or illegally packed. [1999] Flack's Annotated Code 1939, Vol. 1, Art. 23—

Taximeters.

when found to be or made to be correct, the inspecor shall stamp or mark all such meters and each of them with some suitable device, which device shall be recorded in the office of the Secretary of State.

No corporation or person shall furnish or put in use any gas meter which shall not have been inspected, proved and sealed, or any electric meter which shall not have been inspected, approved, stamped or marked by an inspector of the Commission. Every gas and electric corporation shall provide and keep in and upon its premises a suitable and proper apparatus, to be approved and stamped or marked by the Commission, for testing and proving the accuracy

of
gas

and electric meters furnished by it for use, and by which apparatus every meter may and shall be tested, on the written request of the consumer to whom the same shall be furnished, and in his presence if he desires it. [1910; last amended 1914.] Sec. 400. Inspection of meter upon request; removal if in

correct.

Sec. 365. Inspection and test.

The owner shall post in a conspicuous place, in each of the taxicabs owned by him, for which a permit shall have been issued, a schedule of the fares to be collected from passengers, and such schedule shall be so printed and arranged that such passengers can readily determine the exact fare payable by them, and it shall be unlawful to collect any fare otherwise than as appearing on, and determinable from, said schedule. Each taxicab, for which a permit has been issued, shall be equipped, while being used in the taxicab service, with accurate taximeters properly installed and connected, which taximeters shall be used exclusively as the means of measuring the charges for taxicab service rendered. When a fixed charge is made by zone, the extent of the zone shall be expressed in mileage. Such meters shall be subject to inspection and test by the Public Service Commission at the expense of the owner. [1931] Flack's Annotated Code 1939, Vol. 1, Art. 23—Gas

and Electric Meters.

If any consumer to whom a meter has been furnished shall request the commission (public service commission] to inspect such meter, the commission shall have the same inspected and tested; if the same, on being tested, shall be found to be four per cent, if an electric meter, or two per cent, if a gas meter, defective or incorrect, to the prejudice of the consumer, the inspector shall order the gas or electrical corporation forthwith to remove the same and to place instead thereof a correct meter, and the expense of such inspection and test shall be borne by the corporation, if the same, on being so tested, shall be found to be correct, the expense of such inspection and test shall be borne by the consumer. A uniform reasonable charge shall be fixed by the commissioner [a public service commissioners for this service. [1910] Flack's Annotated Code 1939, Vol. 1, Art. 25

County Standard of Length.
Sec. 138. County to provide standard measure; custody.

The said county commissioners shall provide and keep a standard measure of one rod in length, by which surveyors of lands in said (each] county may compare, test and verify their several chains, the said standard measure to be kept under the control and in the custody of the county clerk, and to be accessible to all surveyors as aforesaid under such restrictions and regulations as may be deemed by the said county commissioners compatible with its safety and proper preservation. [1870] Flack's Annotated Code 1939, Vol. 1, Art. 27-Apple

Barrel.

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The Commission (Public Service Commission) shall appoint inspectors of gas and electric meters, whose duty it shall be to inspect, examine, prove and ascertain the accuracy of any and all gas meters used or intended to be used for measuring or ascertaining the quantity of illuminating or fuel gas, or natural gas, furnished by any gas corporation to or for the use of any person, and any and all electric meters used or intended to be used for measuring and ascertaining the quantity of electrical current furnished for light, heat and power by any electrical corporation to or for the use of any person or persons, and

Sec. 203. Dimensions.

An apple barrel 1 shall be of the following dimensions: Head diameter, seventeen and one-eighth Flack's Annotated Code 1939, Vol. 1, Art. 27-Apple

Barrel Continued. inches; length of stave, twenty-eight and one-half inches; bulge, not less than sixty-four inches, outside measurement; and every person, firm or corporation buying or selling apples in this State by the barrel shall be understood as referring to the quantity or size of the barrel specified in this section; provided, however, that nothing in this section shall prevent any shipment of apples in the regular flour barrel. [1900]

1 See Sec. 24, page 429. Flack's Annotated Code 1939, Vol. 1, Art. 27–

"Uniform Narcotic Drug Act." Sec. 340. Marking requirements.

Whenever a manufacturer sells or dispenses a narcotic drug and whenever a wholesaler sells and 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.

(1935] Sec. 351. Enforcement.

It is hereby made the duty of the State Department of Health, its officers, agents, inspectors and representatives, and of all peace officers within the State, and of all State's Attorneys, to enforce all provisions of this sub-title, 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. [1935]

of sections 189 to 200, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not to exceed five hundred dollars, or shall be sentenced to no more than one year's imprisonment, or both such fine and imprisonment, in the discretion of the court; provided, that no article shall be deemed misbranded

within the provisions of sections 189 to 200 when intended for export to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser, when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is intended to be shipped; but if said article shall be in fact sold or offered for sale for domestic use or consumption, then this proviso shall not exempt said article from the operation of any of the provisions of sections 189 to 200. [1910) Sec. 192. When food deemed misbranded.

for the purpose of Sections 189 to 200, an article shall also be deemed to be misbranded.

#

In the case of foods:

Sec. 352. Penalty for violations.

Any person violating any provision of this subtitle (Secs. 328–357] shall, upon conviction, be punished for the first offense by a fine not exceeding one thousand dollars ($1,000.00) or by imprisonment for not exceeding three years, or both; and for any subsequent offense by a fine not exceeding three thousand dollars ($3,000.00) or by imprisonment for not exceeding five years, or both. [1935] Flack's Annotated Code 1939, Vol. 1, Art. 43—Food. Sec. 189. Penalties for manufacturing and selling misbranded food; exceptions.

It shall be unlawful for any person, persons, firm or corporation within this State to manufacture for sale, produce for sale, expose for sale or sell any article of food,

which is

misbranded or insufficiently labeled within the meaning of sections 189 to 200, and any person or persons, firm or corporation who or which shall manufacture for sale, produce for sale, expose for sale or sell any article of food

misbranded or insufficiently labeled within the meaning

which is

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

Third. If in package form, the quantity of the contents be not 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 toler. ances and also exemptions as to small packages shall be established by rules and regulations made in accordance with the provisions of Section 196.

Fourth. If the package containing it, or its label, shall bear any statement, design or device regarding the ingredients or the substances contained therein which statement, design or device shall be false or misleading in any particular;

(1910; last amended 1935.] Sec. 193. Guaranty protection.

No dealer shall be prosecuted under the provisions of sections 189 to 200 when he can establish a guar. anty, signed by the wholesaler, jobber, manufacturer or other parties residing in this State from whom any article or articles which may or can come within the provisions of sections 189 to 200 has or have been purchased, to the effect that same is not misbranded within the meaning of sections 189 to 200, designating them. Any guaranty under the provisions of sections 189 to 200 to afford protection shall contain the name and address of the party or parties making the sale of such article to such dealer, and in such case said guarantor or guarantors shall be amenable to the prosecutions, fines and other penalties which would attach in due course to the dealer under the provisions of sections 189 to 200. (1910)

Sec. 197. Enforcement; rules and regulations.

milk or cream on the basis of its butter fat content The State Board of Health shall enforce the pro shall have such content ascertained and the samples visions of Sections 189 to 200, and shall have the

used for such ascertainment drawn by a person duly power to adopt from time to time, promulgate and licensed as sampler by said University. Immediately publish by circular or otherwise, such general rules

after the milk and/or cream shall be so weighed or and regulations for the enforcement thereof ... tested, a record thereof shall be made in ink or with as it may deem proper;

(1910; last indelible pencil by the licensed weigher or tester who amended 1935.)

weighed or tested the same. Such record shall show

the name of the producer, or his number where he is 1947 Cumulative Supplement to Flack's Annotated identified by number, in a manner satisfactory to Code 1939, Art. 43—Milk and Cream.

said university, the location of the farm on which Sec. 509. Separate permit required at places where milk the milk and/or cream was produced, the marks by and cream are weighed, measured or tested.

which the samples thereof may be identified, the Every person who is engaged in any business in weight, where the milk was purchased or received the conduct of which such person buys or receives

on the basis of its weight, and the butter fat content milk or cream from the producer thereof shall, ir

where the milk and/or cream were purchased or respective of the method of payment or settlement

received on the basis of such content. All such rectherefor, be required to hold a separate permit to

ords shall bear the date when such milk was weighed be issued by the University of Maryland for each

or such milk and/or cream was tested and the license place where such milk or cream is weighed, measured

number and signature of the weigher or tester who or tested, .. (1941)

weighed or tested such milk and/or cream, and, to

gether with evidence of payment for such milk Sec. 510. Same.

and/or cream on the basis of such records, shall be It shall be unlawful for any person to

kept for at least twelve (12) calendar months from purchase or receive milk or cream by weight, meas- the date thereof at the place where the milk or cream ure, or butter fat test at any place where the same is recorded thereon was received, and during such to be weighed, measured or tested unless such person period shall be open to inspection at all reasonable holds an appropriate valid permit for such place, times by the University of Maryland, and at the or after such permit has expired, is revoked, or while request of any person who produced any milk or it is suspended.

cream shown upon any such record, that portion of

the record which relates to the milk or cream pro Sec. 511. Requirements for and test of glassware, weights, and balances; fees.

duced by such person shall be open to the inspection It shall be unlawful for any person who is subject

of that person at any and all reasonable times.

(1941) to the provisions of Section 509 of this sub-title [Secs. 497–525] to use, in the determination of the Sec. 517. Unlawful to use incorrect weight, measure, or test. butter fat content of the milk or cream so purchased No person shall use as a basis of payment to any or received, any test glassware, weights, centrifuges, producer of milk or cream any weight, measure, or or balances which do not conform to the require.

butter fat test thereof other than the correct such ments of the United States Bureau of Standards and weight, measure, or butter fat test. [1941] which have not been inspected, tested and approved by the University of Maryland, and for each such

Sec. 520. Enforcement. inspection said University shall have the right to

The University of Maryland shall enforce the promake a reasonable charge, not in excess of five (5¢)

visions of Sections 509 to 522, both inclusive, of this cents per item. (1941)

sub-title (Secs. 497–525), and shall have authority to

make rules and regulations necessary for such enSec. 512. Weight of cream-test sample.

forcement. [1941] In all tests of cream, the quantity used in the test bottle shall be either nine (9) or eighteen

Sec. 522. Penalties for violations. (18) grams by weight, not measure, and the test shall Any person convicted of violating any of the pro be read with the aid of an approved meniscus re

visions of Sections 509 to 521, both inclusive, of this mover. [1941]

sub-title [Secs. 497–525], except Sections 512 and

517, shall be sentenced to pay a fine of not to exceed Sec. 513. Weighing by licensed weigher; testing; records. One Hundred Dollars ($100.00), or to imprison

Every person who is subject to the provisions of ment in jail for not to exceed thirty (30) days, or Section 509 of this sub-title (Secs. 497–525] who both, at the discretion of the court, for each such purchases or receives milk on the basis of its weight offense. Any person convicted of violating any of shall have such weight ascertained by a person duly the provisions of Sections 512 or 517 of this sub-title licensed as weigher by the University of Maryland, shall, for the first offense, be sentenced to pay a fine and every such person who purchases or receives of not less than One Hundred Dollars ($100.00) nor 1947 Cumulative Supplement to Flack's Annotated doing either the sum of two dollars per hogshead or

Code 1939, Art. 43–Milk and Cream—Continued. one-half cent per pound of tobacco, the same to be more than One Thousand Dollars ($1,000.00) or to

paid by the owner or his agent; and if any inspector imprisonment in jail for not more than nine (9)

shall find that the package, cask or hogshead conmonths, and for each subsequent such offense shall

taining said tobacco is constructed of green or unbe sentenced to pay a fine of not less than One

seasoned timber, it shall be his duty to uncase said Thousand Dollars ($1,000.00) or to imprisonment

tobacco and furnish a new and dry package, cask, or in jail for not less than nine (9) months, or both, at

hogshead for the same at the cost and expense of the the discretion of the court.

(1941]

owner of said tobacco or his agent; said cost and

expense not to exceed, however, the sum of one Flack's Annotated Code 1939, Vol. 2, Art. 58 dollar for each package, cask or hogshead so fur

Weighing and Testing of Milk or Cream on Peti- nished. (1872; last amended 1943.] tion.

Sec. 31. Condemned or stayed tobacco to be weighed; records. Sec. 26. Board of Agriculture to weigh or test on petition. All tobacco inspected in any of the warehouses

which may be condemned or stayed shall be careOn petition of twenty-five patrons of any dairy,

fully cased up and weighed and the gross weight and

tare be entered upon a book kept for that purpose, creamery, or cooling station, the State Board of Agriculture, shall, through its duly authorized agent,

together with the number of breaks in such hogshead make an inspection of such dairy, creamery or cool

as may be stayed, also the cause, whether for false ing station, including the testing and weighing of

packing, trash, order or wet. [1872; last amended the milk or cream of each patron. [1916]

1916.]

Sec. 32. Stayed tobacco to be repacked and reweighed; records. 1947 Cumulative Supplement to Flack's Annotated

All tobacco thus stayed shall, with all convenient Code 1939, Art. 48, Sec. 145—Eggs.

dispatch be shaken out, reconditioned and packed

under the supervision of the inspector and reweighed (Ed. NOTE.—This section specifies minimum weights per and entered upon the inspection books as all other dozen for the different egg grades but as its provisions re- tobacco. [1872; last amended 1916.)

late primarily to quality said section has been omitted.] Flack's Annotated Code 1939, Vol. 1, Art. 48—

Sec. 40. Dimensions of hogsheads. Tobacco.

No tobacco of the growth of this State shall be

passed or accounted lawful tobacco for sale or storage Sec. 19. Hogsheads to be weighed; records.

in a hogshead market in Maryland unless the same It shall be the duty of each inspector (of tobacco) be packed in hogsheads not exceeding fifty-four to cause each hogshead of tobacco before it is un- inches in the length of the staves, nor exceeding cased, to be weighed, and the tobacco in each hogs- forty-eight inches across the head; and the owner or head and the cask itself, to be separately weighed in his agent of tobacco packed in any hogshead of his presence or that of his weighing clerk, in scales greater dimensions shall repack the same in hogswith weights of the proper standard; and the weight heads of the size herein prescribed, at his own exof each hogshead as first weighed, and the gross

and pense before the same shall be passed. [1872; last net weight of the tobacco therein contained after amended 1943.] inspection, to be entered in a proper book, with sufficient reference to its numbers and marks as previ

Sec. 47. Same: Lawful containers. ously recorded. [1864; last amended 1916.)

It shall and may be lawful for any grower or any

owner of tobacco grown in this State to sell the same Sec. 20. Hogsheads to be marked with weight.

either in the State or out of it, in hogsheads of any It shall be the duty of each inspector to cause to be size or weight, or in boxes, or in any other kind of marked with a marking-iron on the side of each style of package, without being compelled to have hogshead of tobacco under his charge the warehouse, the same inspected by the State inspectors and withnumber and weight of said hogshead, and the net out being compelled to place the same in the State weight of tobacco contained therein, and to cause warehouses for any purpose whatsoever, warehouse number of such hogshead to be marked (1864; last amended 1916.) with blacking on each head thereof. (1864; last amended 1916.)

Sec. 59B. Weighing and measuring devices; inspections.

The proprietor or manager of every warehouse Sec. 25. False packing.

holding tobacco for sale shall have proper weights, If any inspector or warehouse official upon exami- measures, weighing devices, and measuring devices, nation of any hogshead or basket or other container and shall see that all such weights, measures, weighof tobacco has reason to suspect that the same is ing devices, and measuring devices conform to the trash or false packed; he shall cause the same to be

lawful standard and are kept in proper repair. All shaken out and repacked, and shall charge for so such weights, measures, weighing devices and measuring devices shall be inspected periodically by the in Section 103 of this Article (Secs. 1-173], shall State Superintendent of Weights and Measures or pay to the University of Maryland an annual regisby the Bureau of Mines and if found to be accurate tration fee of fifteen ($15) dollars for each brand and in good condition, said State Superintendent of of commercial feeding stuff sold, offered or exposed Weights and Measures or Bureau of Mines shall for sale or distributed in this State except the folmake proper certification thereto. [1943]

(

lowing: pure wheat bran, pure wheat middlings, Sec. 59C. Weighman not to misrepresent weight; penalty.

pure wheat mixed feed; pure rye bran, pure rye Any weighman or person acting as weighman, in

middlings, pure rye mixed feed, pure buckwheat any market engaged in selling or storing leaf tobacco

bran, pure buckwheat middlings, pure buckwheat in Maryland, who shall knowingly and wilfully mis

feed; pure corn and oat chop, pure corn bran and

pure corn meal, sold as a feeding stuffs, on which no represent or attempt to misrepresent the weight of any tobacco weighed by him on the warehouse floor

fee is required, and receive therefor a license to shall be guilty of a misdemeanor, and upon convic

sell such commercial feeding stuffs until the first tion thereof shall be punished by a fine of not less

day of January next following; said fees to constithan Twenty-Five Dollars ($25.00) and not more

tute a fund for the payment of the cost of the inthan One Hundred Dollars ($100.00) for each and

spections, sampling, analysis and other expense every violation of this section. (1943)

incident to putting into effect the provisions of

this sub-title(Secs. 103–113]. Whenever any comSec. 59K. State tobacco authority to inspect weights and meas- mercial feeding stuffs, as defined in Sections 103 or ures of sales agencies.

106 is offered or exposed for sale in bulk or other

wise stored, the manufacturer, importer, jobber, (b) The Authority (State Tobacco Authority]

firm, association, corporation or person keeping the shall make inspections from time to time or upon

same for sale shall keep on hand tags upon which request of any interested party in order to determine

shall be printed the statement required by the the accuracy of any weights or measures used by any

provisions of Section 104, and when such feeding licensed tobacco commission sales agency. (1949]

stuffs is sold at retail in bulk or in packages belonging to the purchaser, the manufacturer, importer,

jobber, firm, association, corporation or person Flack's Annotated Code 1939, Vol. 1, Art. 48—Com

shall furnish the purchaser with sufficient tags for mercial Feeding Stuffs.

said packages, and, upon request, with a card or

cards upon which appears the statement required Sec. 103. Definition.

by the provisions of Section 104. [1920; last The term "Commercial Feeding Stuffs,” shall be amended 1933.) held to include all feeding stuffs used for feeding live stock and poultry, except the following:

Sec. 111. Penalty for violations. (a) Whole seeds or grains.

Any manufacturer, importer, jobber, firm, asso(b) The unmixed meals made directly from and

ciation, corporation or person who shall sell, offer consisting of the entire grains of corn, wheat, rye,

or expose for sale, or distribute in this State, any barley, oats, buckwheat, flaxseed, kafir and milo. commercial feeding stuffs without having attached (c) Whole hays, straws, cottonseed hulls, corn

thereto or printed thereon the

statestover and silage, when unmixed with other mate- ment as required by the provisions of this sub-title rials. [1920; last amended 1933.)

[Secs. 103-113), or who shall impede, obstruct, hin

der or otherwise prevent or attempt to prevent said Sec. 104. Marking requirements.

State Chemist or his authorized agent in the perEvery lot or parcel of commercial feeding stuffs formance of his duty in connection with the prosold, offered or exposed for sale or distributed visions of this Article (Secs. 1-173], or who shall within this State shall have printed thereon or af- sell, offer or expose for sale or distribute in this fixed thereto a tag or label, in a conspicuous place State any commercial feeding stuffs as defined in on the outside thereof, containing a legible and Section 103, without complying with the requireplainly printed statement in the English language, ments of the provisions of this sub-title, clearly and truly certifying:

shall be deemed guilty of a violation of the pro(a) The net weight of the contents of the package, visions of this Article and upon conviction thereof lot or parcel; [1920] ]

shall be fined not more than one hundred dollars ($100.00) for the first violation and not less than

one hundred dollars ($100.00) for each subsequent Sec. 106. Registration; bulk sales.

[1920] Each and every manufacturer, importer, jobber, firm, association, corporation or person manufac- Sec. 113. Enforcement; rules and regulations. turing, selling, offering or exposing for sale or dis- The Maryland State Board of Agriculture is tributing any commercial feeding stuffs as defined hereby empowered to enforce the provisions of this

violation.

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