Code 1942 Annotated, Vol. 4, Title 19, Ch. 5, Art. 3— Standard Containers for Fruits and VegetablesContinued.

(a) District No. 1 shall be composed of Beat No. 5 of Copiah county and all of Simpson county and shall be represented by two producers and one handler.

(b) District No. 2 shall be composed of Beats No. 1, No. 2 and No. 3 of Copiah county and all of the counties of Jefferson, Lincoln and Lawrence, and shall be represented by one producer and one handler.

(c) District No. 3 shall be composed of Beat No. 4 of Copiah county and all of the counties of Hinds, Rankin and Claiborne, and shall be represented by one producer and one handler.

Upon the passage of this act [Secs. 4526-4530] the committee of four vegetable producers and three vegetable handlers selected to serve until April 1, 1941, as the administrative committee for the statefederal tomato marketing agreement, shall be designated as the committee to serve until April 1, 1941 as herein provided, and on or before March fifteenth of each year, beginning with 1941, the committee then serving shall call meetings and select a committee as herein authorized, the members of which shall serve for a period of one year beginning April first of each year, or until their successors have been appointed. A vacancy from any cause shall be filled in the same manner. Members shall serve without compensation. [1940]

Sec. 4527. Standard containers: Committee may recommend; commissioner of agriculture may specify.1

Whenever the committee deems it advisable to regulate the marketing of fresh vegetables in any manner considered by them to be helpful to the industry during any specified period, it may so recommend in writing to the commissioner of agriculture and commerce. At the time of submitting such recommendations the committee shall furnish to the commissioner of agriculture and commerce all pertinent data and information upon which it acted in making such recommendations, along with such other data and information as the commissioner of agriculture and commerce may request.

Based upon the recommendation of the committee and upon the information submitted in connection therewith, and upon other available data, the commissioner of agriculture and commerce may regulate the marketing of fresh vegetables produced in the area defined by this act, for any specified period, by regulating the handling of any vegetable produced in the districts defined in section 1 [4526] hereof in one or more of the following man

ners:

(5) Specifying standard containers which may be

used in the purchase or sale of any vegetables. [1940]

1 See Sec. 4424, page 528; power of commissioner to establish standard sizes for and weights of containers.

Sec. 4528. Enforcement.

The commissioner of agriculture and commerce shall have authority and police power to enforce any and all regulations issued pursuant thereto. [1940]

Sec. 4529. Penalties for violations.

Every person, who by themselves, their agents or employees, violates any of the provisions of this act [Secs. 4526-4530] or any regulations issued under the provisions of this act shall for each offense be deemed guilty of a misdemeanor, and shall upon conviction thereof, be punished by a fine not exceeding $25.00, nor less than $5.00 or 30 days in jail for the first offense; not exceeding $50.00 nor less than $40.00 or 60 days in jail for the second offense; not exceeding $200.00 nor less than $100.00 or 90 days in jail or both for the third and all following offenses, and all costs for each and every offense. [1940]

Sec. 4531. Additional districts; committee.

That a committee be and it is hereby created to consist of nine members, six of whom shall be producers of fruits or vegetables and three of whom shall be handlers of fruits or vegetables, to be nominated and appointed as herein provided, from the following described districts:

(a) District No. 1 shall be composed of Lamar county and shall be represented by one producer. (b) District No. 2 shall be composed of Stone county and shall be represented by one producer. (c) District No. 3 shall be composed of Perry county and shall be represented by one producer.

(d) District No. 4 shall be composed of Jefferson Davis county and shall be represented by one producer.

(e) District No. 5 shall be composed of Covington county and shall be represented by one producer.

(f) District No. 6 shall be composed of a combination of all of the above named counties, and shall be represented by four handlers selected from the counties at large.

Within 30 days after the passage of this act [Secs. 4531-4535] the commissioner of agriculture shall cause to be held in each of the districts herein defined a meeting of growers and a meeting of shippers. At each such meeting the growers or shippers present shall select the members of the committee provided in this section. Members so chosen shall serve until April 1st, 1943. Subsequent members shall be chosen at meetings of growers or shippers held prior to March 15th of each year, such meetings to be called by the committee then serving. Members shall serve for a period of one year begin

ning April 1st, each year and shall serve without compensation. Any vacancy shall be filled in the same manner as the selection of a member. [1942] Sec. 4532. Standard containers: Committee may recommend; commissioner of agriculture may specify.1

Whenever the committee deems it advisable to regulate the marketing of fresh vegetables in any manner considered by them to be helpful to the industry during any specified period, it may so recommend in writing to the commissioner of agriculture and commerce. At the time for submitting such recommendations the committee shall furnish to the commissioner of agriculture and commerce, all pertinent data and information upon which it acted in making such recommendations, along with such other data and information as the commissioner of agriculture and commerce may request.

Based upon the recommendation of the committee and upon the information submitted in connection therewith, and upon other available data, the commissioner of agriculture and commerce may regulate the marketing of fresh vegetables produced in the area defined in this act [Secs. 4531-4535], for any specified period, by regulating the handling of any vegetable produced in the districts defined in section 1 [Sec. 4531] hereof, in one or more of the following manners:

(5) Specifying standard containers which may be used in the purchase or sale of any vegetable. [1942]

1 See Sec. 4424, page 528; power of commissioner to establish standard sizes for and weight of containers.

Sec. 4533. Enforcement.

The commissioner of agriculture and commerce shall have authority and police power to enforce any and all regulations issued pursuant thereto. [1942]

Sec. 4534. Penalty for violations.

Every person, who by themselves, their agents or employees, violates any of the provisions of this act [Secs. 4531-4535] or any regulations issued under the provisions of this act shall for each offense be deemed guilty of a misdemeanor, and shall upon conviction thereof, be punished by a fine not exceeding $25.00 nor less than $5.00 or 30 days in jail for the first offense; not exceeding $50.00 nor less than $40.00 or 60 days in jail for the second offense; not exceeding $200.00 nor less than $100.00 or 90 days in jail or both for the third and all following offenses, and all costs for each and every offense. [1942]

Code 1942 Annotated, Vol. 4, Title 19, Ch. 6, Art. 1 -Milk and Cream, and Frozen Desserts.

Sec. 4541. Milk and cream: False tests unlawful.

It shall be unlawful for any person, either for himself or another, to falsely manipulate, or under

read or over-read, take inaccurate samples or make any false determinations by Babcock test or any other contrivance used to determine the quantity of fat in milk or cream or value of milk or cream delivered to a creamery, cheese factory, condensery, ice cream plant, milk plant or milk depot, or when sold or purchased. * Cream tests must be weighed. The scales must be sensitive and accurate. The tester and owner or owners are jointly responsible for their accuracy. [1928]

Sec. 4542. Same: Bottles and pipettes; marking requirements; designating number and bond of manufacturer; penalty against manufacturer for selling glassware not in conformity with law; penalty against dealer for using glassware not in conformity with law; specifications; testing. (a) All bottles and pipettes used in measuring milk or milk products for making determination of the percent of fat in said milk or milk products, shall have clearly blown or otherwise permanently marked in the side of the bottle or pipette the word "sealed," and in the side of the pipette or the side or bottom of the bottle the name, initials or trademark of the manufacturer and his designating number, which designating number shall be furnished by the state commissioner of agriculture upon application by the manufacturer and upon the filing by the manufacturer of a bond in the sum of $1,000.00 with sureties to be approved by said commissioner, conditioned upon conformance with the requirements of this section. A record of the bonds furnished, the designating number, and to whom furnished, shall be kept in the office of said commissioner. Any manufacturer who sells Babcock, or other milk, cream or butter test bottles or milk pipettes, to be used in this state, that do not comply with the provisions of this section shall suffer a penalty of $500.00, to be recovered by the attorney-general of the state in action in the name of the state upon the bond of such manufacturer and any dealer who uses, for the purpose of determining the per cent of milk fat in milk or milk products, any bottles or pipettes that do not comply with the provisions of this section relating thereto, shall be guilty of a misdemeanor and upon conviction, shall be punished as elsewhere 1 provided for violations of the provisions of this chapter [Sec. 4536-4575].

(b) The state commissioner of agriculture shall prescribe specifications with which the glassware mentioned in this section shall comply. The unit of graduation for all Babcock or other glassware shall be the true cubic centimeter, or the weight of one gram of distilled water at four degrees centigrade. The said commission shall from time to time make tests of individual bottles and pipettes used by various firms in the state in order to ascertain whether the above provisions are being complied with and shall report any violations found to the attorney-general. [1928]

1 See Sec. 4555, page 532.

Code 1942 Annotated, Vol. 4, Title 19, Ch. 6, Art. 1— Milk and Cream, and Frozen Desserts-Continued. Sec. 4545-01. Frozen dairy products and desserts: Definition.

(a) Frozen dairy foods and fruit ices are: Milk or milk products, eggs or egg products, nutritive sweetening ingredients, water, confection, nut meats, fruit or fruit pieces, citric or other organic food acid or other wholesome flavoring agents and colors together with harmless stabilizer, and shall be deemed to include ice cream, fruit ice cream, nut ice cream, ice cream mix, frozen custard, milk sherbets, ices or water ices, frosted malted milk or frosted malt ice cream, sandwiches and frozen confections. [1948]

Sec. 4545-04. Same: Marking requirements.

(b) No person, firm or corporation shall fill, pack, store or keep for the purpose of sale, offer for or expose for sale, or sell any frozen dessert 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 or measure; provided that reasonable variations and tolerances shall be permitted, and that these variations and tolerances shall be established by rules and regulations made by the commissioner of agriculture, * [1948]

Sec. 4545-06. Same: Penalty for violations; enforcement.

Any person, firm, association or corporation which shall do any of the acts or things prohibited or neglects or refuses to do any of the acts or things required by this act [Secs. 4545-01-4545–11] or regulations made thereto, or in any way violates any of its provisions shall be deemed guilty of a misdemeanor and for each and every offense shall be punished by a fine of not less than twentyfive dollars ($25.00) or more than one hundred dollars ($100.00) and the costs of prosecution or by imprisonment in the county jail for a period of not more than ninety days, or by both such fine and imprisonment in the discretion of the court. The commissioner of agriculture shall be charged with the enforcement of the provisions of this act. [1948]

Sec. 4555. Penalty for violations of Secs. 4541 and 4542.

Any person coming within the provisions of this chapter [Secs. 4536-4575] who shall fail to comply with, or who shall violate any of its provisions, shall be guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or confined in jail not more than sixty days, or both. [1928]

Code 1942 Annotated, Vol. 4, Title 19, Ch. 10Cotton.

Sec. 4827. Public ginner to mark all cotton baled; penalty.

Every public ginner shall plainly mark or stamp upon each bale of cotton packed or baled by him,

the number of the bale, his own initials, and the initials of the customer for whom the cotton is ginned and baled, and shall enter in a book or register the name of the customer, the date when each bale was ginned and baled, and a record of the marks placed by him upon each bale as above directed, and shall allow an inspection of such entries at any time by any person interested to make it. Any person violating any of the provisions of this section shall upon conviction, be punished as for a misdemeanor 2. [1908]

1 For fraudulent packing, see Sec. 2063, page 537.

2 For punishment for misdemeanor, see Sec. 2562, page 537. Sec. 4828.1 Cotton weighers to keep register; violation a misdemeanor.

Every public cotton weigher, and every person who weighs cotton for any warehouse or gin or cotton buyer, shall keep a book, or register, in which he shall enter all marks or stamps provided for in last preceding section appearing upon each bale of cotton weighed by him, and shall allow an inspection of such entries at any time by any person interested to make it. Any person violating any of the provisions of this section shall be guilty of a misdemeanor.2 [1908]

1 For deduction as scalage, penalty, see Sec. 2372, page 537. 2 For punishment for misdemeanor, see Sec. 2562, page 537. Also see Sec. 2065, page 537.

Code 1942 Annotated, Vol. 4, Title 20, Ch. 1, Art. 1 -"Petroleum Products Inspection Act of Mississippi."

Sec. 5082. Powers and duties of comptroller.

The motor vehicle comptroller, hereinafter called the "comptroller" is hereby vested with the sole and exclusive power and authority and is charged with the duty of administering and enforcing the provisions of this act [Secs. 5081-5103], and he shall have the authority to establish rules and regulations not inconsistent herewith in connection with its enforcement. The assistant motor vehicle comptroller and director of petroleum taxes are hereby authorized and empowered to perform such duties and acts as are required of them by law and by the comptroller. [1946]

Sec. 5091. Scales, measuring and dispensing equipment.

No person shall use any scales, measure or measuring device in the handling or sale of petroleum products, unless the same is true and accurate; and the standards of weights and measures shall be those most recently adopted by the United States Bureau of Standards, except that in no event shall gasoline be dispensed for sale through visible or bowl pumps with outside indicators, and in no event shall any such bowl be drained by any device except through the regular dispensing hose. [1946]

Sec. 5093. Right of entry; inspection; penalty for failing or refusing to permit inspection, etc.; injunction.

The motor vehicle comptroller and his agents and employees shall have full access, ingress and egress, at all reasonable hours, to any place or building wherein internal combustion engine fuels, lubricating oils and other like products are stored, transported, sold, offered or exposed for sale. He may also, either in person or by his agents, or employees, open for inspection, any case, package or other container, tank, pump, tank car, storage tank, stationary engine or tractor and enter upon any barge, vessel or other vehicle of transportation, and may, upon tendering the market price, take samples, not exceeding one gallon for analysis; and with instruments conforming to the standards of weights and measures most recently adopted by the United States Bureau of Standards, check any measuring device or the volume of weight of contents of any container.

Any distributor or other person failing or refusing to permit the motor vehicle comptroller or his duly authorized agents to take samples provided for, or to exercise any rights or authority granted him under the provisions of this section, shall be guilty of a misdemeanor, for first offense, and upon conviction shall be punishable by a fine of not less than two hundred dollars ($200.00), nor more than five hundred dollars ($500.00), or by imprisonment in the county jail for sixty days, or by both such fine and imprisonment. Any person guilty of a second violation of this section, shall, in addition to the other penalty provided herein, be enjoined from continuing in the gasoline and oil business in this state for a period of not less than one year nor more than five years, and any judge or chancellor now authorized to grant injunctions shall grant an injunction enjoining said distributor or other person from continuing in the gasoline and oil business for the period prescribed by this section, provided that no injunction shall be issued unless not less than five (5) days notice is given in the manner prescribed by law. [1946]

Sec. 5100. General penalty for violations; inaccurate equipment to be locked or sealed, when; refusal to allow inspection prima facie evidence of inaccuracy; procedure for unlocking or unsealing.

Any person or officer, agent, servant, or employee thereof who shall violate any provision of this act [Secs. 5081-5103] shall be guilty of a misdemeanor and, upon conviction, and where no other penalty is provided in this act, shall be fined not exceeding one hundred dollars ($100.00) for the first offense, and not exceeding two hundred dollars ($200.00) for each subsequent offense, or shall be imprisoned in the county jail for not exceeding ninety (90) days, or shall suffer both such fine and imprisonment; and each separate sale or attempt to sell in violation of the provisions of this act shall be deemed a separate offense.

In addition to the penalties hereinabove described, and as a cumulative and enforcement measure, the comptroller or his duly appointed representatives shall have the right to request an inspection of any pump, truck, or other equipment, and if upon such inspection any such pump, truck, or other equipment is found to be inaccurate, or if the right to inspect any such pump, truck, or other equipment is refused or denied the comptroller, or his duly authorized representatives, he or they shall have the right to immediately close and lock said pump and other equipment or to seal same with the comptroller's seal, unless such inaccuracy be corrected within forty-eight (48) hours.

It shall be prima facie presumed upon any refusal to allow the right to inspect that the pump, truck, or other equipment sought to be inspected is inaccurate, or is operating in violation of this act [Secs. 5081-5103]. When any such pump or other equipment is locked or sealed, it may not be unlocked or the seal thereon broken except in the presence of a mechanic or other person called for the purpose of repairing the inaccuracy in the machinery of such pump or equipment, and such inaccuracy shall be immediately thereafter repaired, and the pump or other equipment properly regulated. The comptroller may, in his discretion, require an affidavit from the mechanic repairing such pump or other equipment, or any other proof which he may deem advisable to the effect that said pump was unlocked or the seal thereon broken in the presence of such mechanic, and that the inaccuracies therein were thereupon completely repaired or regulated. [1946; last amended 1948.]

Code 1942 Annotated, Vol. 4, Title 20, Ch. 2— Paints and Varnish.

Sec. 5123. Sale of paints and varnish not labeled in accordance with law; penalty.

It shall be unlawful for any person, firm or corporation within this state to manufacture for sale, sell, or exchange, or to offer or to keep for sale or

Code 1942 Annotated, Vol. 4, Title 20, Ch. 2-Paints and Varnish-Continued.

exchange any paint, putty, linseed oil or other paint oils, turpentine or varnish that is not labeled in accordance with the provisions of this statute [Secs. 5123-5131], or which is adulterated or misbranded or insufficiently labeled or branded; and any person, firm, or corporation violating any provision hereof shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty-five dollars, and not more than one hundred dollars for the first offense, and not less than fifty dollars and not more than two hundred dollars for each sub

sequent offense. [1920]

Sec. 5124. "Paint" defined.

The term paint as used herein shall include all substances, whether dry or ground in oil, used or intended for use as paint or as components of paint. It shall include paste and semi-paste paints, house, carriage, wagon, barn, floor, roof, and implement paints and enamels, and all kinds of liquid and ready mixed paints. It shall not include artists' colors, liquid bronzes, colors intended to be mixed with water for decorative purposes, wood fillers, stove polishes or stove enamels, and shingle and roof stains. [1920]

Sec. 5125. Marking requirements.

Every container or receptacle of paint, putty, linseed oil, or other paint oils, turpentine, and varnish sold, exchanged, or offered or kept for sale or exchange shall bear a label printed in legible type in English stating:

(b) The volume, if sold by volume; and the net weight if sold by weight. [1920]

Sec. 5126. When deemed misbranded.

For the purposes of this statute [Secs. 5123-5131], paint, putty, linseed oil, or other paint oils, turpentine, and varnish shall be deemed to be misbranded if the container is labeled or marked in any manner that tends to deceive the purchaser as to the nature, composition, volume, or weight of the contents thereof, and the same shall be insufficiently branded if the label fails to give fully the information required herein, [1920]

Sec. 5127. State chemist to enforce.

The state chemist is hereby charged with the enforcement of the provisions of this chapter [Secs. 5123-5131]. He shall also prepare such rules and regulations as are necessary to carry its intent and purpose into effect; ⚫. [1920]

Code 1942 Annotated, Vol. 5, Title 23, Ch. 7, Art. 1-Oysters.

Sec. 6057. Enforcement by chief inspector.

The chief inspector [of the seafood commission] ⚫ is hereby constituted a peace officer of the State of Mississippi with full police power and jurisdiction to enforce all laws with reference to the sea foods of the State of Mississippi and all rules and regulations promulgated by the sea food commission, and he may exercise such powers in any county of the State of Mississippi and on any waters of the State, and he shall in person or through his deputies prosecute all persons who violate any of such laws, and shall at any and all times seize any or all oysters, fish, or other sea foods which have been caught, taken or transported in a manner contrary to the laws of this state, *. [1930; last amended 1948.]

Sec. 6059. Enforcement by deputy inspectors.

The deputy inspectors and assistant chief inspector shall be under the jurisdiction and direction of the chief inspector, and they are hereby constituted peace officers of the State of Mississippi, with full police powers and jurisdiction to enforce all laws with reference to the sea foods of the State of Mississippi and all rules and regulations promulgated by the sea food commission, and they may exercise such powers in any county in the State of Mississippi and on any waters of the state.

They shall visit the various factories, and all places of business where sea foods are dealt in, and there inspect the oysters, fish and other sea foods on hand, the "barrel measures" used at said places of busiand they shall prevent and prosecute all violations of this chapter [Secs. 6047-6131] and of all laws on this subject hereinafter enacted. [1930; last amended 1948.]

ness,

Sec. 6068. Standard of measure; duties of chief inspector and deputy inspectors; penalty against chief inspector.

A standard measure for oysters is hereby established, which said measure shall consist of a tub or other round vessel of the following dimensions, to wit: It shall measure seventeen inches in diameter inside at the bottom and twenty-one and one-half inches inside at the top, and fourteen and one-half inches inside from bottom to top, the unit of such tub or measure to be in the shape of inverted frustrum of a cone. Two of these measures filled to the top shall make one barrel, and all oysters bought or sold in this state in the shell shall be measured in a measure of this dimension or measure holding a fraction or multiple thereof, and it shall be unlawful for any person to have in his possession any measure for oysters in the shell which shall differ in size from the measure herein provided for, or to demand or require a greater or less measure in buying or selling; and no vessel or measure shall be used in buying or selling oysters until it has