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 misde[1927]

meanor.

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 of fender'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 offering 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.

Code 1940, Title 2, Ch. 1, Art. 36-Weights and Measures-Continued.

No coal, charcoal or coke shall be sold at retail which contained at the time the weight was taken, more water or other liquid substance than is due to natural conditions, weather conditions, or causes incident to the mining, cleaning or handling of the coal, charcoal or coke, except by and with consent of the purchaser. [1927]

Sec. 611. Same: Delivery tickets.

It shall be unlawful for any person to deliver any coal, coke or charcoal without such delivery being accompanied by a delivery ticket and a duplicate thereof, on each of which shall be in ink or other indelible substance, distinctly expressed in pounds, the gross weight of the load, the tare of the delivery vehicle, and the quantity or quantities of coal, coke or charcoal contained in the vehicle used in such deliveries, with the name of the purchaser thereof, and the name of the dealer from whom purchased. One of such tickets shall be surrendered to the commissioner or sealer of weights and measures upon his demand for his inspection, and this ticket or weight slip issued by him when he desires to retain the original shall be delivered to the purchaser of said coal, coke or charcoal, or his agent at the time of the delivery of the fuel; and the other ticket shall be retained by the seller of the fuel. When the buyer carries away the purchase, a delivery ticket showing the actual number of pounds delivered to him must be given to him at the time the purchase is made. [1927]

Sec. 612. Packaged commodities: Marking requirements.

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 and tolerances shall be established by rules and regulations made and promulgated by the state board of agriculture and industries; and provided, further, that this section shall not be construed to apply to those commodities in package form, the manner of sale of which is specifically regulated by the provisions of other sections of this article [Secs. 587-633]. [1927]

Sec. 613. Same: Definitions.

The words in "package form" ["in package form"] as used in this article [Secs. 587-633] 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, mak

ing one complete package of the commodity. The words "in package form" shall be construed to include both the wholesale and the retail package. "Package" as used in this article, does not include any container in which are packed or contained packages of a smaller size of a commodity, but the provisions of this article apply only to the container directly including the commodity. [1927]

Sec. 614. Fruits, nuts, vegetables and grain to be sold by weight; exceptions; "original standard container" defined. Except as otherwise provided in this article [Secs. 587-633] or except when sold in the original standard container, all fruit, nuts, vegetables and grain shall be sold at retail by avoirdupois weight or numerical count. The words "original standard container," as used in this section shall mean and include only barrels, boxes, baskets, hampers or similar containers, the dimensions or capacity of which is established by regulations of the state board of agriculture and industries, the contents of which have not been removed or repacked by the retailer, and upon which is plainly and conspicuously marked the net quantity of the contents thereof in terms of weight, measure or numerical count. This section shall not apply to the sale, by the bunch, of fresh beets, onions, turnips, carrots and other similar vegetables usually and customarily sold by the bunch. [1927]

Sec. 615. Standard containers for agricultural products.

The state board of agriculture and industries is authorized to fix and promulgate as the official standards for this state for any container for any agricultural product the standard for such product which may have been promulgated or announced therefor under the authority of the congress of the United States, and in carrying out the provisions of this section the commissioner is authorized to cooperate with the United States or any department thereof in accomplishing the matters and things referred to herein.~ [1923; last amended 1927.]

Sec. 616. Rules and regulations; specifications and tolerances.

The state board of agriculture and industries shall have the right and power to adopt and promulgate all reasonable and necessary rules and regulations for the better enforcement of the provisions of law relative to weights and measures and the sale of commodities, things or service by weight or measure. The board shall prescribe specifications as to the type of make-up and reasonable variations or tolerances for all weights, measures, and weighing and measuring devices, used, offered or exposed for sale, sold or given away in the state. Any weight, measure, or weighing or measuring device which does not comply with these specifications or does not conform with the state's standards within such tolerances shall be a false and incorrect weight, measure, or weighing or measuring device. The board shall prescribe reasonable rules and regulations for the submission of 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 1927.1

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 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 Measures Continued.

ure of any article or commodity weighed or measured by him or his representative to any person, shall be guilty of a misdemeanor, and in addition thereto shall forfeit his certificate as weighmaster, which certificate, when so forfeited, shall be turned over to the commissioner. [1927]

Sec. 628. Same: Requesting issue of false weight certificate; penalty.

Any person, firm or corporation who shall request a weighmaster to weigh any product, commodity or article falsely or incorrectly, or who shall request a false or incorrect certificate of weight or measure, or any person issuing a certificate of weights and measures who is not a weighmaster as provided for in this article [Secs. 587-633], shall be guilty of a misdemeanor. [1927]

Sec. 629. Same: Reweighings.

When doubt or differences arise as to the correctness of the net or gross weight of any amount or part of any commodity, produce or article for which a certificate of weights and measures has been issued by a public weighmaster, the owner, agent or consignee may, upon complaint to the commissioner, or his assistants, have said amount or part of the amount of any commodity, produce or article reweighed by the commissioner or his assistant, or a public weighmaster designated by him, the services for which reweigh, then performed by the said commissioner or his assistants, shall be gratis. [1927]

Sec. 630. Same: Term; appointment; fee.

The term of appointment for weighmasters shall be for one year, and a fee of two and one-half dollars shall be paid by each person, appointed or designated as weighmaster to the commissioner, which fee shall accrue to the agricultural fund. [1927]

Sec. 631. Same: Bond.

Each weighmaster shall, before entering upon his duties and before securing a certificate of appointment from the commissioner, file with the commissioner a bond in such sum as shall be prescribed by the commissioner, under the rules and regulations promulgated by the state board of agriculture and industries, conditioned that he will faithfully execute his trust as weighmaster and pay damages resulting to any person from his negligence as such. [1927]

Sec. 632. Refusal to permit tests; penalty.

Any person neglecting or refusing to exhibit any weight, measure, or weighing or measuring device, or appliances and accessories connected with any or all of such devices which is in his possession or

under his control, or who by himself, or his employe or agent, or as a proprietor or manager, refuses to exhibit any article, commodity, produce or anything being sold or offered for sale at a given weight or quantity, or ordinarily so sold, to the commissioner or to a sealer, for the purpose of allowing the same to be tested, examined or inspected as provided for in this article [Secs. 587-633] shall be guilty of a misdemeanor. [1927]

Sec. 633. Improper operation of devices.

It shall be unlawful for any person to operate any weighing or measuring device in any other manner than that which would be a regular, and intended method of operation by the manufacturer as is evidenced by the make-up of the device itself as being the proper method of operation. [1927]

Code 1940, Title 37, Ch. 10, Art. 1-Cities and Towns, Weights and Measures.

Sec. 470. Public scales; inspection of weights and measures. The council or other governing body of any town or city may provide public scales and an inspection of weights and measures, and may provide punishment for persons, firms and corporations using fraudulent weights and measures; [1907]

Code 1940, Title 37, Ch. 10, Art. 5—Cities and Towns, Regulation of Slaughter Houses.

Sec. 499. Slaughter houses may be established; weighing of livestock; fees.

All cities and towns of this state shall have the power to establish, control, and regulate slaughter houses and pens, and to provide for the weighing and herding outside of the city or town, of all livestock intended for slaughter, and to fix, regulate and collect reasonable fees and charges to pay the expenses of carrying out the powers granted in this section. [1907]

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

Sec. 45 (2). Definitions.

45 (9)]

When used in this article [Secs. 45 (1) –

(b) The term "agricultural seeds" shall include the seeds of grasses, forage, cereal and fiber crops and any other kinds of seeds commonly recognized within this state as agriculutral or field seeds, and mixtures of such seeds. (c) The term "vegetable seeds" shall include the seeds of those crops which are grown in gardens or on truck farms and are generally known and sold under the name of vegetable seeds in this (t) The term "labeling" includes all labels, and other written, printed or graphic representations, in any form whatsoever, accompanying and pertaining to any seed whether in bulk or in con

state.

Sec. 45 (3). Marking requirements.

I. 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

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 (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]

state

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

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]

Sec. 45 (8). Duties and authority of commissioner of agriculture 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]