Compiled Laws 1948, Vol. 2, Ch. 290-Weights, Measures and Standards-Continued.

or persons for sale, hire, or award; and they shall have the power to and shall from time to time weigh or measure packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered for sale, or sold or in the process of delivery, in order to determine whether the same contains the amount represented, and whether they be offered for sale or sold in a manner in accordance with law. The county sealer shall at least once each year, and as much oftener as he may deem necessary, see that the weights, measures, and all apparatus used in the county are correct. The county and state inspectors may for the purpose above mentioned and in the general performance of their official duties enter or go in upon, and without formal warrant, any stand, place, building, or premises, or stop any vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any dealer whatsoever and require him, if necessary, to proceed to some place which the sealer may specify, for the purpose of making the proper tests. Whenever the county sealer or state inspectors find a violation of the statute relating to weights and measures, they shall cause the violator to be prosecuted. Whenever any sealer or inspector compares weights, measures, or weighing or measuring instruments and finds that they correspond, or causes them to correspond, with the standards in his possession, he shall seal or mark such weights, measures, or weighing or measuring instruments with. appropriate devices to be approved by the state superintendent of weights and measures. The county sealer shall keep a complete record of all of his official acts and shall make an annual report to the board of supervisors and an annual report duly sworn to on the first (1st) day of July to the state superintendent of weights and measures on blanks to be furnished by the superintendent. The county sealer of weights and measures shall forthwith on his apointment give a bond in the penal sum of one thousand (1,000) dollars, with sureties to be approved by the appointing power for the faithful performance of the duties of his office: Provided, however, that nothing in the above shall be construed to prevent two (2) or more counties from combining the whole or any part of their districts as may be agreed upon by the board of supervisors with one (1) set of standards and one (1) sealer, upon the written consent of the state superintendent of weights and measures. A county sealer appointed in pursuance of such an agreement for such combination, shall, subject to the terms of his appointment, have the same authority, jurisdiction, and duties as if he had been appointed by each of the authorities who are party to the agreement. [1913] Sec. 290.6. City sealer; appointment, duties, powers; county sealer, acting in city; combination of county and city. Any incorporated city in this state may in its dis cretion appoint a city sealer of weights and measures

under this act [Secs. 290.1-290.10]. He shall be appointed by the mayor, by and with the advice and consent of the common council. He shall perform in said city the duties and have like powers as the county sealer in the county. In those cities in which no sealer is appointed as above, the county sealer of the county, if there be one (1), shall perform in said cities the duties and have like powers as in the county: Provided, however, That nothing in the above shall be construed to prevent any county and a city situated therein from combining the whole or any part of their districts as may be agreed upon with one (1) sealer, subject to the written approval of the state superintendent of weights and measures. A sealer appointed in pursuance of an agreement for such combination shall, subject to the terms of his appointment, have the same authority, jurisdiction, and duties as if he had been appointed by each of the authorities who are parties to the agreement. [1913]

Sec. 290.8. Seizure for use as evidence.

The superintendent of weights and measures, his deputy, inspectors, and the county and city sealers of weights and measures are hereby made special policemen, and are authorized to seize, for use as evidence and without formal warrant any false or unsealed weight, measure or weighing or measuring device or package or amounts of commodities, found to be used, retained or offered or exposed for sale or sold in violation of law. [1913]

Sec. 290.9. Hindering an officer; penalty.

Any person who shall hinder or obstruct in any way, the superintendent of weights and measures, his deputy, or inspectors, or any county or city sealer, in the performance of his official duties shall be guilty of a misdemeanor, and shall be punished upon conviction thereof, in any court of competent jurisdiction, by a fine of not less than two (2) nor more than two hundred (200) dollars, or by imprisonment in the county jail for not more than ninety (90) days or by both such fine and imprisonment. [1913]

Sec. 290.10. Impersonation of weights and measures officials; penalty.

Any person who shall impersonate in any way the superintendent of weights and measures, his deputies, inspectors, or any county or city sealer, by use of his scal or otherwise, shall be guilty of a misdemeanor and shall be punished by a fine of not less than one hundred (100) dollars nor more than five hundred (500) dollars, or by imprisonment in the county jail for not more than ninety (90) days or by both such fine and imprisonment. [1913]

Sec. 290.17. Hundredweight; as contract term.

When any commodity shall be sold by the hundred weight, it shall be understood to mean the net

weight of one hundred pounds avoirdupois, and all contracts concerning goods or commodities sold by weight, shall be construed accordingly, unless such construction would be manifestly inconsistent with the special agreement of the parties contracting. [1846]

Sec. 290.19. Standard measure for fruits, charcoal, commodities sold by heaped measure.

The half bushel and the parts thereof shall be the standard measure for fruits and other commodities customarily sold by heap measure; and in measuring such commodities the half bushel or other smaller measure shall be heaped as high as may be without especial effort or design and the standard measure of charcoal shall be twenty-seven hundred and forty-eight (2748) cubic inches for each and every bushel thereof. [1846; last amended 1867.] Sec. 290.21. Legal fruit standards.

That standards established by the United States secretary of agriculture for fruits shall be accepted as the legal standards, except in cases where other standards are specifically prescribed. [1929]

Sec. 290.31. Weight per bushel, of certain grains, dried fruit, coal, vegetables and products.

That whenever wheat, rye, shelled corn, corn on the cob, corn meal, oats, buckwheat, beans, clover seed, timothy seed, flax seed, hemp seed, millet seed, blue grass seed, red top seed, barley, dried apples, dried peaches, potatoes, potatoes (sweet), onions, turnips, peas, cranberries, dried plums, castor beans, salt, mineral coal, Hungarian grass seed, orchard grass seed, osage orange seed, beets, carrots or parsnips, shall be sold by the bushel, and no special agreement as to the measure or weight thereof shall be made by the parties, the measure thereof shall be ascertained by weight, and shall be computed as follows, viz: 1

Sec. 290.41. Stone-lime: Weight per bushel.

*, That whenever stone-lime is sold, and no special agreement is made by the parties, the bushel shall consist of seventy (70) pounds. [1871]

Sec. 290.71. Apples: Weight per bushel.

That whenever apples are bought or sold by weight forty-eight (48) pounds shall constitute a bushel. [1877]

Sec. 290.85. Same: Labels on containers; conclusive evidence. It shall be unlawful for any person, firm, association, organization or corporation, or agent, representative or assistant to any person, firm, association, organization or corporation, to expose for sale, or sell, transport, deliver or consign, or have in possession apples for sale unless such container has been legibly and conspicuously tagged, branded, labeled or stenciled with letters not less than a quarter of an inch in height before being removed from the premises where prepared for sale with. the true net contents. It shall be conclusive evidence, and the apples deemed to be for sale, when containers are packed for delivery or transit, or when same are exposed for sale or when the same are in the process of delivery or transit or are located at a depot, station, boat dock, or any place where apples or other products are held in storage, or for immediate or future sale or transit. [1937]

Sec. 290.86. Same: Enforcement; right of entry.

The commissioner [director] of agriculture 1 is hereby charged with the enforcement of this act [Secs. 290.81-290.90] and is given power unto himself and his inspectors to enter into and upon any premises where apples are graded or packed or stored to inspect the same as to grade, pack and condition. [1937]

1 The commissioner of agriculture is superseded by the department of agriculture. See Sec. 285.1, page 478.

Sec. 290.90. Same: Violation of act a misdemeanor.

Whosoever violates any of the provisions of this act [Secs. 290.81-290.90] or the rules and regulations promulgated hereunder shall be guilty of a misdemeanor and upon conviction thereof shall be

Compiled Laws 1948, Vol. 2, Ch. 290-Weights, Measures and Standards-Continued.

punished as provided by the laws of this state. [1937]

Sec. 290.101. Standard barrel for fruits, vegetables and dry commodities; standard barrel for cranberries.

The standard barrel for fruits, vegetables, and other dry commodities other than cranberries shall be of the following dimensions when measured without distention of its parts: length of staves, twentyeight and one-half (282) inches; diameter of heads, seventeen and one-eighth (17%) inches; distance between heads, twenty-six (26) inches; circumference of bulge, sixty-four (64) inches, outside measurement; and the thickness of staves not greater than four-tenths (4/10) of an inch: Provided, That any barrel of a different form having a capacity of seven thousand fifty-six (7056) cubic inches shall be a standard barrel. The standard barrel for cranberries shall be of the following dimensions when measured without distention of its parts: length of staves, twenty-eight and one-half (282) inches; diameter of heads, sixteen and one-fourth (1614) inches; distance between heads, twenty-five and onefourth (251) inches; circumference of bulge, fiftyeight and one-half (5812) inches, outside measurement; and the thickness of staves not greater than four-tenths (4/10) of an inch. [1917]

Sec. 290.102. Same: Violations; penalty.

It shall be unlawful to sell, offer, or expose for sale in this state, or to ship from this state, to any other state, territory, or the District of Columbia or to a foreign country, a barrel containing fruits or vegetables or any other dry commodity of less capacity than the standard barrels defined in the first section of this act [Sec. 290.101], or subdivisions thereof known as the third (1/3), half (12), and threequarter (34) barrel, and any person guilty of a wil ful violation of any of the provisions of this act [Secs. 290.101-290.104] shall be deemed guilty of a misdemeanor and be liable to a fine not to exceed one hundred (100) dollars, in any court of this state having jurisdiction: Provided, however, That no barrel shall be deemed below standard within the meaning of this act when shipped to any foreign country and constructed according to the specifications or directions of the foreign purchaser if not constructed in conflict with the laws of the foreign country to which the same is intended to be shipped. [1917]

Sec. 290.103. Same: Tolerances; prosecutions; exceptions.

Reasonable variations shall be permitted and tolerance established by rules and regulations made by the director of the bureau of standards and approved by the secretary of commerce. Prosecutions for offenses under this act [Secs. 290.101-290.104] may be begun upon complaint of local sealers of weights and measures or other officer of the state

appointed to enforce the laws of the said state, relating to weights and measures: Provided, however, That nothing in this act shall apply to barrels used in packing or shipping commodities sold exclusively by weight or numerical count. [1917]

Sec. 290.111. Flours, meals, hominy, grits: Standard weight containers; exceptions.

It shall be unlawful for any person, partnership, corporation, company, cooperative society, or organization to pack for sale, sell, offer or expose for sale in the state of Michigan any of the following commodities except in containers with capacities in net avoirdupois weights of 5, 10, 25, 50, and 100 pounds, and multiples of 100 pounds: wheat flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, rye flour, buckwheat flour, soya flour, corn meals, hominy and hominy grits: Provided, however, That the provisions of this act [Secs. 290.111-290.113] 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 for export or (c) flours, meals, hominy, and hominy grits packed in containers the net contents of which are less than 5 pounds, or (d) the exchange of wheat for flour by mills grinding for toll. [1945; last amended 1947.]

Sec. 290.112. Same: Violation a misdemeanor.

Any violation of this act [Secs. 290.111-290.113] shall constitute a misdemeanor. [1945] Sec. 290.113. Same: Enforcement; prosecution.

It shall be the duty of the commissioner 1 of agriculture to investigate all complaints of violations of this act [Secs. 290.111-290.113], and to take all steps necessary to its enforcement. It shall be the duty of all prosecuting officers of this state to prosecute to completion all suits brought under the provisions of this act upon complaint of said commissioner or any person. [1945]

1 Director. See Sec. 285.1, page 478.

Sec. 290.121. Size of peach basket.

That the quantity known as a box or basket of peaches, shall contain 716 and 5 cubic inches, or 13 of a bushel strict measure. [1871]

Sec. 290.131. Standard containers for fruits and vegetables: Climax basket.

That standards for climax baskets for grapes and other fruits and vegetables shall be the two (2) quart basket, four (4)-quart basket, and twelve (12)-quart basket, respectively.

(a) The standard two (2) -quart climax basket shall be of the following dimensions: length of bottom piece, nine and one-half (912) inches; width of bottom piece, three and one-half (32) inches;

thickness of bottom piece, three-eighths (3%) of an inch; height of basket, three and seven-eighths (37%) inches, outside measurement; top of basket, length eleven (11) inches and width five (5) inches, outside measurement. Basket to have a cover five (5) by eleven (11) inches, when a cover is used;

(b) The standard four (4)-quart climax basket shall be of the following dimensions: length of bottom piece, twelve (12) inches; width of bottom piece, four and one-half (42) inches; thickness of bottom piece, three-eighths (3%) of an inch; height of basket, four and eleven-sixteenths (411/16) inches outside measurement; top of basket, length fourteen (14) inches, width six and one-fourth (614) inches, outside measurement. Basket to have cover six and one-fourth (614) inches by fourteen (14) inches, when cover is used;

(c) The standard twelve (12) -quart climax (12)-quart basket shall be of the following dimensions: length of bottom piece, sixteen (16) inches; width of bottom piece, six and one-half (612) inches; thickness of bottom piece, seven-sixteenths (16) of an inch; height of basket, seven and one-sixteenths (716) inches, outside measurement; top of basket, length nineteen (19) inches, width nine (9) inches, outside measurement. Basket to have cover nine (9) inches by nineteen (19) inches, when cover is used. [1917]

Sec. 290.132. Same: Small fruits, berries and vegetables.

That the standard basket or other container for small fruits, berries, and vegetables shall be of the following capacities: namely, dry one-half (2) pint, dry pint, dry quart, or multiples of the dry quart.

(a) The dry half (2) pint shall contain sixteen and eight-tenths (16810) cubic inches;

(b) The dry pint shall contain thirty-three and six-tenths (3310) cubic inches;

(c) The dry quart shall contain sixty-seven and two-tenths (6710) cubic inches. [1917]

Sec. 290.133. Same: Violations; penalty; foreign shipments excepted.

That it shall be unlawful to manufacture for shipment, or to sell within the state any climax baskets or other containers for small fruits, berries, or vegetables, whether filled or unfilled, which do not conform to the provisions of this act [Secs. 290.131290.137]; and any person guilty of a wilful violation of any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not exceeding twentyfive (25) dollars: Provided, That nothing herein contained shall apply to the manufacture, sale, or shipment of climax baskets, baskets, or other containers for small fruits, berries, and vegetables when intended for export to foreign countries when such climax baskets, baskets, or other containers for small fruits, berries, and vegetables accord with the specifications of the foreign purchasers or comply with the

law of the country to which shipment is made or to be made. [1917]

Sec. 290.134. Same: Inspection; tolerances.

That the examination and test of climax baskets, baskets, or other containers for small fruits, berries, and vegetables, for the purpose of determining whether such baskets or other containers comply with the provisions of this act [Secs. 290.131290.137], shall be made by the dairy and food department, and the dairy and food commissioner 1 shall establish and promulgate rules and regulations allowing such reasonable tolerances and variations as may be found necessary. [1917]

1 In Compiled Laws of Michigan 1948, following the foregoing section, it is stated: “Dairy and Food Commissioner: Office abolished; powers and duties transferred to food and drug commissioner, which in turn has been repealed and superseded by the department of agriculture." See Sec. 289.2 and 285.2, pages 492 and 478, respectively.

Sec. 290.136. Same: Guaranty protection.

That no dealer shall be prosecuted under the provisions of this act [Secs. 290.131-290.137] when he can establish a guaranty signed by the manufacturer, wholesaler, jobber, or other party residing within the United States from whom such climax baskets, baskets, or other containers, as defined in this act, were purchased, to the effect that said climax baskets, baskets, or other containers are correct within the meaning of this act. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of climax baskets, baskets, or other containers to such dealer, and in such case said party or parties shall be amenable to the prosecution, fines, and other penalties which would attach in due course to the dealer under the provisions of this act. [1917]

Sec. 290.141. Standard containers for grapes: Fancy table grapes.

"Fancy Table Grapes" shall be packed in 2 or 4 quart climax baskets or carriers of 2 or more small units, or any container of less than 12 quart, (16 pound) capacity, [1925; last amended 1927.]

Sec. 290.142. Same: No. 1 grapes.

"No. 1 Grapes" shall be packed in 12 quart, (16 pound) capacity climax baskets, or larger containers, [1925; last amended 1927.]

Sec. 290.143. Same: No. 2 grapes.

"No. 2 Grapes" shall be packed in 12 quart (16 pound) capacity climax baskets, or larger capacity, [1925]

Sec. 290.144. Same: "Frosted grapes".

Grapes that have been subject to frost injury prior to harvest may be packed only in 12 quart (16 pound) capacity climax baskets, or containers of larger capacity, [1925]

Compiled Laws 1948, Vol. 2, Ch. 290-Weights, Measures and Standards-Continued.

Sec. 290.145. Same: Marking requirements.

tents.

All containers shall be clean and in good condition, and shall be conspicuously and legibly marked declaring: (3) The net conExcepting as otherwise provided in this act [Secs. 290.141-290.148], the labeling or marking of the containers shall be done with letters not less than 1/4 inch in height before leaving the premises of the person or persons responsible for the grading and packing. [1925]

Sec. 290.147. Same: Right of entry.

1

The commissioner 1 of agriculture, his inspectors or agents, for the purpose of inspection and enforcement of this act [Secs. 290.141-290.148], or any section or part of section thereof, are given authority and power to enter into or upon any premises or property, without warrant, where grapes are packed, exposed, offered or consigned for sale, or held in possession for storage or delivery, and inspect the same, also procure, upon market value being tendered or accepted, sufficient samples to present as evidence in obtaining complaint for prosecution. [1925]

1 Director. See Sec. 285.1, page 478.

Sec. 290.148. Same: Penalties for violations.

Any person convicted of violating any of the provisions of this act [Secs. 290.141-290.148] shall be deemed guilty of a misdemeanor and upon conviction thereof for the first offense, be subject to a fine of not more than 50 dollars and costs, or imprisonment in the county jail for not to exceed 30 days, or both such fine, costs and imprisonment in the discretion of the court. Any person convicted for the second and subsequent violations shall be subject to a fine of not more than 200 dollars and costs, or 30 days in jail, or both such fine, costs and imprisonment in the discretion of the court or magistrate before whom such conviction may be had. [1925; last amended 1927.]

Sec. 290.154. Irish potatoes: Marking requirements; conclusive evidence.

It shall be unlawful for any person, firm, association, organization or corporation or agent, representative or assistant to any person, firm, association, organization or corporation, to expose for sale, or sell, transport, deliver or consign, or have in possession potatoes prepared for market unless such container has been legibly and conspicuously branded or stenciled before being removed from the premises where prepared for market with the name and address of the person or persons responsible for the grading and packing, together with true It shall be conclusive evidence and the potatoes deemed to be for sale, when containers are packed for delivery or transit, or when

net contents.

**

same are exposed for sale or when the same are in the process of delivery or transit or are located at a depot, station, boat dock, or any place where potatoes or other products are held in storage, or for immediate or future sale or transit. [1929; last amended 1937.]

Sec. 290.157. Same: Enforcement; right of entry.

The commissioner [director] of agriculture is hereby charged with the enforcement of this act [Secs. 290.151-290.162] and is given power unto himself and his inspectors to enter into and upon any premises where potatoes are graded or packed or stored to inspect the same as to grade, pack and condition. The commissioner of agriculture shall enforce the provisions of this act through state inspectors. [1929; last amended 1937.]

Sec. 290.162. Same: Penalties for violations. Whosoever violates this act [Secs. 290.151290.162] by not stenciling or branding containers as herein required or by removing any department notices placed upon said containers or by removing or altering any stencils or brands placed upon or attached to any container as in this act required, unless ordered to do so by the commissioner [director] of agriculture or his duly appointed inspector or inspectors shall be guilty of a misdemeanor and subject to a fine of not more than 50 dollars and costs for the first offense and not more than 100 dollars and costs for each subsequent offense, or by imprisonment in the county jail for not more than 30 days in default of paying the fine and costs, or both such fine and imprisonment in the discretion of the court. [1929; last amended 1937.] Sec. 290.201. Bread: Standards; size of pans.

All bread sold or offered for sale by retail food outlets to the consumers shall be standardized in 12 ounce, 16 ounce, 20 ounce, 24 ounce and 32 ounce loaves with 1 ounce tolerance, and shall conform to the following pan sizes:

(a) The following provisions shall apply to loaves of bread baked in uncovered pans:

1. The 12 ounce loaf shall be baked in a pan