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Sec. 605. Sale of ice regulated.

It shall be unlawful for any person, firm, or corporation to sell ice in any other manner than by weight. All ice shall be correctly weighed by the seller at the time of delivery to the purchaser. All agents or employees of any person, firm or corporation engaged in the sale and delivery of ice shall be provided with suitable and correct weighing devices to be used for the purpose of correctly weighing each piece of ice delivered, and it shall be unlawful for any such agent or employee to report or make a charge for any quantity of ice in excess of the quantity, in pounds, or fraction thereof, actually delivered according to the weight thereof. It shall be unlawful for any person, firm or corporation delivering ice to refuse, on demand, to allow the purchaser to witness the weighing of the same at the time of delivery, or to refuse, on demand, to furnish the purchaser with a weight slip at the time of delivery containing the name of the person, firm or corporation selling the ice, the number of pounds sold, and signed by the agent or employee of such person, firm or corporation. Whoever, being engaged in the business of selling ice at retail, and not engaged in the delivery of the same under a contract, refuses to sell from any place or vehicle engaged in the regular distribution of ice at retail a piece of ice at the fair value thereof to any person other than an ice dealer, shall, if such person tenders in payment the fair value thereof in the amount of five cents or any multiple thereof not more than fifty cents in legal money of the United States, be guilty of a misdemeanor. [1927] Sec. 606. Bottles for milk and cream.

Bottles used for the sale of milk or cream shall be of the capacity of one-half gallon, three pints, one quart, one pint, one-half pint, and one gill. Bottles or jars used for the sale of milk or cream shall have clearly blown or otherwise permanently marked in the side of the bottle the capacity of the bottle and the word “Sealed,” and in the side or bottom of the bottle the name, initial or trade mark of the manu

facturer, and a designating number, which designation shall be different for each manufacturer and may be used in identifying the bottles. The designating number shall be furnished by the commissioner of agriculture and industries upon application by the manufacturer, and upon the filing by the manufacturer of a bond in a sum of one thousand dollars, with surety, to be approved by the commissioner, conditioned upon their conformance with the requirements of this section and such regulations as may be promulgated by the state board of agriculture and industries for the purposes of this section. A record of the bonds furnished and the designating numbers and to whom furnished shall be kept in the office of the commissioner. [1927] Sec. 607. Sale or use of non-standard bottles.

Any manufacturer or dealer who sells or offers to sell milk or cream bottles to be used in the state that do not comply as to size and marking with the provisions of this article Secs. 587-633], shall suffer a penalty of five hundred dollars, to be recovered by the attorney general in an action against the offender's bondsman, to be brought in the name of the state in the circuit court of Montgomery County, Alabama. Any dealer who offers for sale or who uses, for the purpose of selling milk or cream, jars, or bottles that do not comply with the requirements of this article as to markings and capacity, shall be guilty of of. fering for sale or using a false or insufficient measure. [1927] Sec. 608. Sealers' duties as to milk bottles.

Sealers of weights and measures are not required to seal bottles for milk or cream marked as in this article (Secs. 587–633] provided, but they shall have the power to, and shall from time to time, make test on individual bottles in order to ascertain if the provisions of this article are being complied with, and they shall immediately report violations found to the commissioner. [1927] Sec. 609. Coal: Weighing of on public scales.

When a dealer or dealers in coal in cities or towns, where public scales are kept, may be requested by a person or persons buying as much as five hundred pounds of coal at any one time to weigh such coal upon the public scales, said dealer or dealers shall do so, the person or persons buying the coal to pay the fee for weighing same, if such be of proper weight, otherwise such fee shall be paid by said dealer. Any dealer refusing to weigh or to have weighed such coal as required in this section, or to pay such fee for weighing the same as herein required, shall be guilty of a misdemeanor. [1927] Sec. 610. Same: Sold by weight; ton.

It shall be unlawful to sell or offer to sell any coal, coke or charcoal in any other manner than by weight, and when sold by the ton, two thousand pounds avoirdupois shall be the weight of the ton.

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Code 1940, Title 2, Ch. 1, Art. 36–Weights and ing one complete package of the commodity. The Measures Continued.

words "in package form” shall be construed to inNo coal, charcoal or coke shall be sold at retail

clude both the wholesale and the retail package. which contained at the time the weight was taken,

“Package" as used in this article, does not include more water or other liquid substance than is due to

any container in which are packed or contained natural conditions, weather conditions, or causes in

packages of a smaller size of a commodity, but the cident to the mining, cleaning or handling of the

provisions of this article apply only to the container coal, charcoal or coke, except by and with consent of

directly including the commodity. (1927] the purchaser. [1927]

Sec. 614. Fruits, nuts, vegetables and grain to be sold by Sec. 611. Same: Delivery tickets.

weight; exceptions; "original standard container" defined. It shall be unlawful for any person to deliver any

Except as otherwise provided in this article (Secs. coal, coke or charcoal without such delivery being

587-633] or except when sold in the original standaccompanied by a delivery ticket and a duplicate

ard container, all fruit, nuts, vegetables and grain thereof, on each of which shall be in ink or other

shall be sold at retail by avoirdupois weight or nuindelible substance, distinctly expressed in pounds,

merical count. The words "original standard conthe gross weight of the load, the tare of the delivery

tainer,” as used in this section shall mean and invehicle, and the quantity or quantities of coal, coke

clude only barrels, boxes, baskets, hampers or similar or charcoal contained in the vehicle used in such de

containers, the dimensions or capacity of which is liveries, with the name of the purchaser thereof, and

established by regulations of the state board of agrithe name of the dealer from whom purchased. One

culture and industries, the contents of which have of such tickets shall be surrendered to the commis

not been removed or repacked by the retailer, and sioner or sealer of weights and measures upon his

upon which is plainly and conspicuously marked demand for his inspection, and this ticket or weight

the net quantity of the contents thereof in terms of slip issued by him when he desires to retain the

weight, measure or numerical count. This section original shall be delivered to the purchaser of said

shall not apply to the sale, by the bunch, of fresh coal, coke or charcoal, or his agent at the time of the

beets, onions, turnips, carrots and other similar vegedelivery of the fuel; and the other ticket shall be re

tables usually and customarily sold by the bunch. tained by the seller of the fuel. When the buyer car

[1927] ries away the purchase, a delivery ticket showing the Sec. 615. Standard containers for agricultural products. actual number of pounds delivered to him must be

The state board of agriculture and industries is given to him at the time the purchase is made. (1927]

authorized to fix and promulgate as the official

standards for this state for any container for any Sec. 612. Packaged commodities: Marking requirements. agricultural product the standard for such product It shall be unlawful to keep for the purpose of sale,

which may have been promulgated or announced offer or expose for sale, or sell, any commodity in

therefor under the authority of the congress of the package form unless the net quantity of the contents

United States, and in carrying out the provisions of be plainly and conspicuously marked on the outside

this section the commissioner is authorized to coof the package, in terms of weight, measure or nu

operate with the United States or any department merical count; provided, however, that reasonable

thereof in accomplishing the matters and things revariations or tolerances shall be permitted and that

ferred to herein. [1923; last amended 1927.] these reasonable variations and tolerances shall be established by rules and regulations made and

Sec. 616. Rules and regulations; specifications and tolerances. promulgated by the state board of agriculture and

The state board of agriculture and industries shall industries; and provided, further, that this section

have the right and power to adopt and promulgate shall not be construed to apply to those commodities

all reasonable and necessary rules and regulations in package form, the manner of sale of which is

for the better enforcement of the provisions of law specifically regulated by the provisions of other sec

relative to weights and measures and the sale of comtions of this article Secs. 587-633). [1927] (

modities, things or service by weight or measure. The

board shall prescribe specifications as to the type Sec, 613. Same: Definitions.

of make-up and reasonable variations or tolerances The words in "package form" ["in package form") for all weights, measures, and weighing and measuras used in this article (Secs. 587-633] shall be con- ing devices, used, offered or exposed for sale, sold or strued to include a commodity in a package, carton, given away in the state. Any weight, measure, or case, can, box, barrel, bottle, phial, or other recep- weighing or measuring device which does not comply tacle, or in coverings or wrappings of any kind, put with these specifications or does not conform with the up by the manufacturer, or when put up prior to the state's standards within such tolerances shall be a order of the commodity, by the vendor, which may false and incorrect weight, measure, or weighing or be labeled, branded, or stenciled, or otherwise measuring device. The board shall prescribe reasonmarked, or which may be suitable for labeling, able rules and regulations for the submission of branding, or stenciling, or marking otherwise, mak- samples and the examination of type and approval

or disapproval of all types of weights or measures or weighing or measuring devices used, offered or exposed for sale, or given away in the state. (1927] Sec. 617. Standard containers for farm products.

It shall be the duty of the state board of agriculture and industries to fix and promulgate official standards for containers of farm products and to change any of them from time to time as may be found necessary. [1923; last amended 1927.! Sec. 618. Commodity sales by net weight only; exception.

Whenever any commodity other than bale cotton is sold on a basis of weight, it shall be unlawful to employ any other weight in such sale than the net weight of the commodity; and all contracts concerning goods sold on a basis of weight shall be understood and construed accordingly. Whenever the weight of a commodity is mentioned in this article [Secs. 587–633] it shall be understood and construed to mean the net weight of the commodity. (1927) Sec. 619. Presumptive evidence.

For the purposes of this article (Secs. 587–633), proof of the existence of weights or measures or weighing or measuring devices in or about any building, enclosure, stand or vehicle in or from which it is shown buying or selling is commonly carried on, shall be presumptive proof of their regular use for such purposes and of their ownership by the person so using or possessing them, and such fact shall be deemed to remain established until disproved beyond reasonable doubt. (1927) Sec. 620. Measuring devices for oil.

Any person engaged in the business of the sale of oil at retail shall use a standard liquid measure, which measure shall not be of a larger capacity than the amount of the purchase by any purchaser; provided, that this shall not prevent the use of a correct liquid-measuring device when so located and disposed as to be clearly visible to, and readable by the customer from any position which he may reasonably be expected to assume. [1927] Sec. 621. Weighmasters.

All persons engaged in the business of weighing for hire, who shall weigh or measure any commodity, produce or article, and issue therefor a weight certificate which shall be accepted as the accurate weight upon which the purchase or sale of such commodity, produce or article is based, shall be known as a public weighmaster, and all such weighmasters shall be appointed by the commissioner; provided, that any persons not engaged in the business of weighing for hire, but to whom the services of a certified weigher are necessary for the proper conduct of any business in which they may be engaged, may upon application to the commissioner have one or more of their employees, or some other suitable person, designated by the said commissioner to act as weighmaster

for such person. Each weighmaster shall, before entering upon his duties, make oath, faithfully to execute his trust as a weighmaster. The commissioner shall issue a certificate of such appointment or designation and shall keep a record of same. (1927] Sec. 622. Same: Rights and duties.

The rights and duties of all weighmasters shall be prescribed by said commissioner with the approval of the board and such weighmasters shall not receive compensation from the state for the duties so performed. (1927]

[ Sec. 623. Same: Weight certificate.

The commissioner shall also prescribe the form of weight certificate to be used by all public weighmasters in this state. Such certificate shall state thereon the kind of commodity, produce or article, the number of units of the same, the date of the receipt of the commodity, produce or article, the owner, agent or consignee, the total weight of the commodity, produce or article, the vessel, railroad, team, truck or other means by which the commodity, produce or article was received, and any trade or other mark thereon, and such other information as may be necessary to distinguish or identify the commodity, produce or article from a like kind. No certificate other than the one herein prescribed shall be used by any public weighmaster in this state, and such certificate, when so made and properly signed, shall be prima facie evidence of such weights. [1927] Sec. 624. Same: Seals.

It shall be the duty of every weighmaster in this state to provide himself with a seal, at his own expense, which seal shall have inscribed on the outer margin thereof his name and the word “Alabama," with the words “Public Weigher" inscribed in center of said seal, which seal shall be impressed upon each and every weight certificate issued by such weighmaster, and said seal, when applied to weight certificates, shall be a recognized authority of accuracy. (1927] Sec. 625. Same: Records.

All public weighmasters shall keep and preserve correct and accurate records of all public weighings as provided by this article (Secs. 587–633], which records shall be open at all times for inspection by the commissioner or his assistants. [1927] Sec. 626. Same: Contents of certificates of weights.

All certificates of weights and measures, as provided by this article (Secs. 587–633), shall contain the accurate and correct weight of any and all commodities weighed when issued by the public weighmaster. [1927] Sec. 627. Same: False weight certificates.

Any weighmaster who shall issue a certificate of weights and measures giving a false weight or meas

Code 1940, Title 2, Ch. 1, Art. 36–Weights and under his control, or who by himself, or his emMeasures-Continued.

ploye or agent, or as a proprietor or manager, reure of any article or commodity weighed or measured

fuses to exhibit any article, commodity, produce or

anything being sold or offered for sale at a given by him or his representative to any person, shall be guilty of a misdemeanor, and in addition thereto weight or quantity, or ordinarily so sold, to the com

missioner or to a sealer, for the shall forfeit his certificate as weighmaster, which

purpose

of allowing certificate, when so forfeited, shall be turned over to

the same to be tested, examined or inspected as prothe commissioner. [1927]

vided for in this article (Secs. 587–633] shall be

guilty of a misdemeanor. [1927] Sec. 628. Same: Requesting issue of false weight certificate; penalty.

Sec. 633. Improper operation of devices.

It shall be unlawful for any person to operate any Any person, firm or corporation who shall request a weighmaster to weigh any product, commodity or

weighing or measuring device in any other manner article falsely or incorrectly, or who shall request a

than that which would be a regular, and intended false or incorrect certificate of weight or measure, or

method of operation by the manufacturer as is eviany person issuing a certificate of weights and meas

denced by the make-up of the device itself as being ures who is not a weighmaster as provided for in

the proper method of operation. [1927] this article (Secs. 587–633], shall be guilty of a misdemeanor. [1927]

Code 1940, Title 37, Ch. 10, Art. 1—Cities and Towns,

Weights and Measures. Sec. 629. Same: Reweighings.

Sec. 470. Public scales; inspection of weights and measures. When doubt or differences arise as to the correct- The council or other governing body of any town ness of the net or gross weight of any amount or

or city may provide public scales and an inspection part of any commodity, produce or article for which

of weights and measures, and may provide punisha certificate of weights and measures has been is

ment for persons, firms and corporations using sued by a public weighmaster, the owner, agent or fraudulent weights and measures;

[1907] consignee may, upon complaint to the commissioner, or his assistants, have said amount or part of the Code 1940, Title 37, Ch. 10, Art. 5—Cities and Towns, amount of any commodity, produce or article re- Regulation of Slaughter Houses. weighed by the commissioner or his assistant, or a public weighmaster designated by him, the services Sec. 499. Slaughter houses may be established; weighing of

livestock; fees. for which reweigh, then performed by the said commissioner or his assistants, shall be gratis. [1927] All cities and towns of this state shall have the

power to establish, control, and regulate slaughter Sec. 630. Same: Term; appointment; fee.

houses and pens, and

to provide for the The term of appointment for weighmasters shall

weighing and herding outside of the city or town, be for one year, and a fee of two and one-half dol

of all livestock intended for slaughter, and to fix, lars shall be paid by each person, appointed or desig

regulate and collect reasonable fees and charges to nated as weighmaster to the commissioner, which fee

pay the expenses of carrying out the powers granted

in this section. shall accrue to the agricultural fund. [1927]

[1907] Sec. 631. Same: Bond.

Code 1940, Title 2, Ch. 1, Art. 5—"Alabama Seed

Law.” Each weighmaster shall, before entering upon his duties and before securing a certificate of appoint- Sec. 45 (2). Definitions. ment from the commissioner, file with the commis

When used in this article (Secs. 45 (1) sioner a bond in such sum as shall be prescribed by 45 (9) 1the commissioner, under the rules and regulations

(b) The term “agricultural seeds” shall include

) promulgated by the state board of agriculture and industries, conditioned that he will faithfully exe

the seeds of grasses, forage, cereal and fiber crops and

any other kinds of seeds commonly recognized within cute his trust as weighmaster and pay damages re

this state as agriculutral or field seeds, and mixtures sulting to any person from his negligence as such.

of such seeds. (c) The term "vegetable seeds" shall (1927]

include the seeds of those

crops
which are grown

in Sec. 632. Refusal to permit tests; penalty.

gardens or on truck farms and are generally known

and sold under the name of vegetable seeds in this Any person neglecting or refusing to exhibit any state. *

(t) The term "labeling" includes weight, measure, or weighing or measuring device,

all labels, and other written, printed or graphic repor appliances and accessories connected with any resentations, in any form whatsoever, accompanying or all of such devices which is in his possession or and pertaining to any seed whether in bulk or in con

tainers, and includes invoices and other bills of shipment.

[1943]

Sec. 45 (3). Marking requirements.

1. For agricultural seed. Each container of agricultural seed in excess of two pounds which is sold, offered for sale, exposed for sale, or distributed within this state for planting or sowing purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written in ink or printed label of a size not less than 23/8x43/4 inches in the English language, giving information for the following items:

(9) Net weight. II. For vegetable seed.

Vegetable seed in containers in excess of [two (2) pounds for beans, peas, edible soybeans, edible cowpeas and corn, and one (1) pound for all other vegetable seed]

shall be labeled to show (b) net weight,

(1943]

the provision that if such seed are advertised for sale by a paid advertisement or by free advertisement through publications of the Alabama department of agriculture and industries that such seed shall be subject to all of the requirements of this article. (5) To seed sold or distributed by the grower thereof, unless such grower is also a dealer, to a local merchant in due course of trade and by such local merchant resold in due course of trade, but without advertising and without holding himself out as a dealer as herein defined. [1943] Sec. 45 (7). Duties and authority of state board of agriculture and industries.

The state board of agriculture and industries shall have power to prescribe, and after public hearing following due public notice, to adopt rules and regulations governing the methods of sampling, inspecting, analysing, testing and examining agricultural (and vegetable

seed,

to adopt sizes of containers for seed sold, offered for sale or distributed in Alabama, and such other rules and regulations as may be necessary to secure the efficient enforcement of this article. [Secs. 45 (1) 45 (9) ). [1943]

*

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Sec. 45 (4). Prohibitions pertaining to marking requirements.

(a) It shall be unlawful for any person to sell, offer for sale, expose for sale, or distribute within this state

(2) Any agricultural, [or] vegetable

seed not labeled in accordance with the provisions of this article, Secs. 45 (1) -45 (9) ) or having a false or misleading labeling. (b) It shall be unlawful for any person within this state

(3) To hinder or obstruct in any way any authorized person in the performance of his duties under this article. (4) To fail to comply with a “stop-sale” or “non-use” order. (1943)

Sec. 45 (8). Duties and authority of commissioner of agri. culture and industries.

It shall be the duty of the commissioner of agriculture and industries, who may act individually or through his authorized agents: (a) To inspect, sample, make analysis of, and test agricultural, (and) vegetable

seeds transported, sold, offered or exposed for sale or distribution within this state, for sowing or planting purposes, at such time and place and to such extent as he may

deem necessary to determine whether said seeds are in compliance with the provisions of this article (Secs. 45 (1)-45 (9) ], and to notify promply the person who transported, sold, offered or exposed the seed for sale, of any violation. (b) To enter upon any public or private premises during regular business hours in order to have access to seeds subject to this article and the rules and regulations thereunder. (c) To issue and enforce a written or printed “Stop-Sale” or “Suspension from Sale” or “Non-use" order to the owner or custodian of any lot of agricultural * or vegetable seed which is found to be in violation of any of the provisions of this article, which shall prohibit further sale or use of such seed until such officer has evidence that the law has been complied with: Provided, that in respect to seeds which have been denied sale, the owner or custodian of such seeds shall have the right to appeal from such order to a court of competent jurisdiction where the seeds are found, praying for a judgment as to the justificacation and said order and for the discharge of such seed from the order prohibiting this sale in accordance with the findings of the court. (1943)

Sec. 45 (5). Exemptions.

(a) The provisions of this article (Secs. 45 (1) 45 (9) ] do not apply-(1) To seed when sold directly to, and in the presence of the consumer and taken from container properly labeled in accordance with the provisions of this article; but the provisions shall in no way exempt the vendor from the analysis given on the tag or label attached to any container. (2) To seed or grain not intended for sowing or planting purposes if proper indication of such intention is shown. (3) To seed in storage in, or consigned to, a seed cleaning or processing establishment for cleaning or processing; provided, that for seed to be processed and stored in the same room from which seed are delivered for planting, sowing or resale, each bag shall bear a label or there shall be displayed a large placard with the following words "For Processing—Not for sale” and further provided that seed held in storage for interstate shipment need be labeled only with a lot number supported by an analysis in office files, and also provided that any labeling or other representations which may be made with respect to such seed shall be subject to this article. (4) To seed produced in Alabama and sold by one farmer to another with

a

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