Revised Codes 1935, Vol. 2, Political Code, Ch. 237— "Pure Food and Drug Act"-Continued.

tain two hundred and thirty-one cubic inches net measure, or the fraction thereof represented by the fraction of a gallon offered for sale or sold, shall be guilty of a misdemeanor. [1911]

Sec. 2587. Misbranded food.

The term "misbranded", as used herein, shall apply to all drugs, or articles of food, or articles which enter into the composition of food or drugs, the package or label of which shall bear any statement, design, or device regarding such article, or the ingredients or substances contained therein, which shall be false or misleading in any particular, *. That for the purpose of this act [Secs. 2578-2599], an article shall be deemed to be misbranded;

In the case of foods:

Third. If in the package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package. [1911]

Sec. 2588. Guaranty protection.

No dealer shall be prosecuted under the provisions of this act [Secs 2578-2599] for selling or offering for sale any article of food or drugs, as defined herein, when the same is found to be adulterated or misbranded within the meaning of this act, in the original, unbroken package in which it was received by said dealer, when he can establish a guarantee, signed by the wholesaler, jobber, or agent, or other party residing in the United States from whom he purchased such article, or if a proper printed guarantee of the manufacturer with his address be upon the package or container, to the effect that the same is not adulterated or misbranded in the original unbroken package in which the said article was received by said dealer, within the meaning of this act, designating it, or within the meaning of the food and drug act, enacted by the senate and house of representatives of the United States of America in Congress assembled June 30, 1906.1 Said guarantee to afford protection must contain the name and address of the party or parties making the sale of such article to such dealer, or of the manufacturer thereof as herein specified, and in such case said party shall be amenable to prosecution, fines, and other penalties which would attach in due course to the dealer under the provisions of this act. [1911]

1 Superseded by Act of 1938, 21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.

Sec. 2591. Enforcement.

It shall be the duty of the state board of health to enforce the provisions of this act [Secs. 2578– 2599] *. [1919]

Sec. 2598. Food defined.

The term "food," as used in this act [Secs. 25782599] shall include all articles used for food, drink, confectionery or condiment by man or animals, whether simple, mixed or compound, and all substances or ingredients used in the preparation thereof. [1921]

Sec. 2599. Penalty for violation of act.

Any person who violates provisions of this act [Secs. 2578-2599] shall be guilty of a misdemeano and upon conviction, for the first offense, shall be punished by a fine of not less than twenty-five dol lars nor more than seventy-five dollars, and for the second offense by a fine of not less than fifty dollar nor more than two hundred dollars, and for th third and subsequent offenses by a fine of not mor than one hundred dollars and imprisonment in th county jail for not less than thirty days nor mor than ninety days. [1921]

Revised Codes 1935, Vol. 2, Political Code, Ch. 240Milk, Cream, and Other Dairy Products.

Sec. 2620.10. Babcock test: Adopted as official test.

The Babcock Test is hereby adopted as the off cial dairy test for use in the state of Montana [1927]

Sec. 2620.13. Same: Revocation of license as penalty.

The commissioner of agriculture, labor and in dustry is hereby authorized and empowered to r voke the license of any Babcock Test operator fo failure to comply with the provisions of this a [Secs 2620.1-2620.69] or with any of the rules, o regulations of the department relating to said tes [1929]

Sec. 2620.14. Same: Method of operation.

The following is the method which shall b adopted as the standard for the operation of th Babcock Test for the state of Montana and sha be used by persons, firms, or corporations payin for milk or cream on the basis of the butter f content of such commodity or commodities.

TESTING MILK. The milk from which the san ple to be tested is taken shall be thoroughly mixe by pouring from one vessel to another three times. The sample to be tested shall consist eighteen (18) grams by weight or seventeen ar six-tenths (17610) cubic centimeters, as measur in a standard pipette. The standard strength of th acid used for all testing of milk or cream shall indicated by the specific gravity, which shall not less than one and eighty-two hundredths, (18240 nor more than one and eighty-three hundredt (183/100) as determined by a standard hydromet

TESTING CREAM. The method of testing crea shall be the same as for milk, except that all sa

ples of cream tested shall be weighed by either the nine (9) or eighteen (18) gram method, and the reading of the fat column in the neck of the test bottle shall be from the bottom of the lower meniscus to the bottom of the upper meniscus. Glymol must be used to destroy the upper meniscus, and must be added just before reading, and the reading shall be from the bottom of the lower meniscus to the bottom of the glymol on the top of the fat column. [1929]

Sec. 2620.29. Cheese containers: Marking requirements.

All cheese offered or exposed for sale, when placed in packages, jars or other containers, in the state of Montana, shall be full marked weight and each package, jar or other container shall have the net weight marked thereon by the manufacturer, which weight shall be exclusive of the package, jar or other container. [1931]

Sec. 2620.32. Standard measures for milk.

The standard measure, or capacity for milk shall be the gallon containing two hundred thirty-one cubic inches, the half gallon shall contain one hundred fifty and five-tenths cubic inches, and the quart one-fourth as much as the gallon, and the pint one-half as much as the quart. [1929]

Sec. 2620.33. Butter: Standard measure; exception; penalty.

The standard measure for the sale of butter, in the state of Montana, shall be sixteen (16) ounces, (avoirdupois weight) to the pound, exclusive of the wrapper or container, no tolerance in deficiency being allowed. All butter sold, offered or exposed for sale in paper containers or wrappers, shall be in packages of one (1) or two (2) pounds, net standard avoirdupois weight, no tolerance for deficiency being allowed; provided, however, that packages of the weight herein specified may be made up of smaller component packages of wrapped butter in multiples of four (4) or eight (8) ounces each. Any violation of the provisions of this section shall constitute a misdemeanor and be punishable as provided in section 2620.54. [1929; last amended 1933.]

Sec. 2620.34. Same: How wrapped; net weight on package.

All creamery butter sold, offered or exposed for sale at retail in the state of Montana, wherever manufactured, must be wrapped in parchment paper and must have the wholesalers or manufacturers name clearly printed in a conspicuous place on the outside of the package in which it is sold. On each pound package of butter so sold or offered for sale the words "16 ounces net weight" or "1 lb. net weight" shall appear. [1929; last amended 1937.]

Sec. 2620.43. Oleomargarine to be sold in packages of certain net weight.

Oleomargarine shall be sold in packages or car

tons containing net weight of sixteen (16) ounces or one (1) or two (2) pound packages. [1929; last amended 1941.]

Sec. 2620.54. Penalty for violations.

Any person, firm or corporation who either directly or indirectly, or by his or its servant, agent or employee, shall violate any of the provisions of the preceding five sections1 of this act [Secs. 2620.12620.69], shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00) or by imprisonment in the county jail for not less than ten days nor more than sixty days, or by both fine and imprisonment. [1929]

1 However, see Sec. 2620.33, this page. Sec. 2620.60. General penalty.

Any person who shall violate any of the provisions of this act [Secs. 2620.1-2620.69], or who shall fail to comply with the regulations prescribed in this act, or who shall fail or neglect to obey any lawful order of the department of agriculture, labor and industry of the state of Montana or the commissioner or any other officer thereof, made pursuant to the authority of this act, shall be deemed guilty of a misdemeanor and shall, unless a specific penalty is otherwise provided in this act for such offense, be punished by a fine of not less than twenty-five dollars ($25.00) and not more than five hundred dollars ($500.00) or by imprisonment in the county jail for not to exceed six months, or by both such fine and imprisonment. [1929]

Revised Codes 1935, Vol. 2, Political Code, Ch. 255— "State Liquor Control Act of Montana.'

Sec. 2815.67. Liquor packages: Board to determine the nature, form and capacity of.

The board [liquor control board] shall have the following functions, duties and powers:

(i) To determine the nature, form and capacity of all packages to be used for containing liquor kept or sold under this act [Secs. 2815.60-2815.163]; [1933]

1939 Supplement to the Revised Codes 1935, Political Code, Ch. 272A—“Uniform Drug Act,” Narcotics. Sec. 3202.23. Marking requirements.

(1) Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells or dispenses a narcotic drug in a package prepared by him, he shall securely affix to each package, in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity of narcotic drug con[1937]

tained therein.

1939 Supplement to the Revised Codes 1935, Political Code, Ch. 272A-"Uniform Drug Act," Narcotics -Continued.

Sec. 3202.37. Enforcement.

It is hereby made the duty of the secretary of the state board of health, its officers, agents, inspectors, and representatives, and of all peace officers within the state, and of all county attorneys, to enforce all provisions of this act [Secs. 3202.143202.43] [1937]

Sec. 3202.38. Penalties for violations.

Any person violating any provision of this act [Secs. 3202.14-3202.43] shall upon conviction be punished, by a fine not exceeding one thousand dollars ($1000.00) or by imprisonment in the county jail for not exceeding six (6) months or by both such fine and imprisonment, and for any subsequent offense, by a fine not exceeding five thousand dollars, ($5,000.00) or by imprisonment in the state prison for not exceeding five (5) years, or by both such fine and imprisonment. [1937]

Revised Codes 1935, Vol. 2, Political Code, Ch. 302Mine Scales.

Sec. 3450. Coal mine inspector: Powers and duties. The state coal mine inspector shall have the right and it is his duty to make inquiry into the conditions of such mine, workings, machinery, scales, ⚫ and especially to make inquiry whether or not the provisions of the laws providing for the regulation of coal mines, or other acts which may hereafter be enacted governing coal mines, have been complied with. [1911; last amended 1949.]

Sec. 3454. Same: Ex-officio sealer of weights and measures.

The state coal-mine inspector is hereby made, equally with the secretary of state, ex-officio sealer of weights and measures, in so far as the same relates to coal mines and coal mining, and as such is empowered to test and compare all weights and measures used in weighing and measuring coal at any coal mines, or used in measuring air-passages or other openings in coal mines, with the standards of weights and measures kept by the state sealer of weights and measures. Upon the written request of any coal-mine owner or operator, or ten coal miners employed at any one mine, it shall be his duty to test and prove any scale or scales at such mine against which complaint is directed, and if he shall find that they or any of them do not weigh correctly, he shall call the attention of the mine owner, lessor, or operator to the fact, and direct that said scale or scales be at once overhauled and readjusted so as to indicate only true and correct weights, and he shall forbid the further operation of such scale until such scales are adjusted. In the event that such test shall conflict with any test made by any other sealer of weights and measures, or under and by virtue of any municipal ordinance

or regulation, then the test by such state coal-mine inspector shall prevail. [1911]

Sec. 3455. Same: Standard test weights to be furnished.

For the purpose of carrying out the provisions of this act [Secs. 3447-3546], the state coal-mine inspector shall be furnished by the state with such sets of standard weights suitable for testing the accuracy of track-scales, and of all smaller scales at mines, as may in the judgment of the state coal mine inspector be necessary; said test weights shall remain in the custody of the state coal-mine in spector for use at any point within the state, and for any amounts expended by him for the storage transportation, or the handling of the same, he shall be fully reimbursed upon making proper entry of the proper items in his expense voucher. [1911] Sec. 3487. Weighman; checkweighman; oath; penalty agains weigher for violations; penalty against owner or operato for hindering employment of or discharge of duty by check weighman.

The weighman employed at any mine shall sub scribe to an oath or affirmation before some office authorized to administer oaths, to do justice be tween employer and employee, and to truly and correctly weigh the output of coal from the mine as herein provided. The miners employed by or en gaged in working for any mine owner, operator, o lessee of any mine in this state shall have the privi lege, if they desire, of employing at their own ex pense a check weighman, who shall have like equa rights, powers, and privileges in the weighing o coal as the regular weighman, and be subject t the same oath and penalties as the regular weigh man. Said oath or affirmation shall be kept con spicuously posted in the weigh office, and an weigher of coal or person so employed, who shal knowingly violate any of the provisions of this sec tion, or any owner, operator, or agent of any coa mine in this state, who shall forbid or hinde miners employing or using a check weighman a herein provided, or who shall prevent or wilfull obstruct any such check weighman in the di charge of his duty, shall be deemed guilty of a offense against this act [Secs. 3447-3546]. [1911]

Sec. 3488. Use of false scales forbidden.

Any person or persons having or using any scal or scales for the purpose of weighing the output c coal at mines must not arrange or construct ther so that fraudulent weighing may be done thereb and must not knowingly resort to or employ an means whatsoever by reason of which such coal not correctly weighed and reported in accordanc with the provisions of this act [Secs. 3447-3546 [1911]

Sec. 3545. Penalties for violations.

If any operator, company, or corporation neglec to comply with or violates the requirements of th act [Secs. 3447-3546], either in part or in whol or if any owner, operator, manager, superintenden

mine foreman, or his assistant coerces, intimidates, or causes any employee to do the things prohibited, or causes them to do as provided against in this act, such operator, company, corporation, manager, superintendent, mine foreman, or his assistant shall be liable to a penalty of one hundred ($100.00) dollars for each and every day during which the offense continues;

Any employee engaged at work in or around any coal mine in the state of Montana, who violates any part of this act, shall for each offense be liable to a penalty not exceeding twenty-five dollars ($25.00), or in default of payment shall be imprisoned in the county jail for a period of time not exceeding ten (10) days, [1911; last amended

1945.]

Revised Codes 1935, Vol. 2, Political Code, Ch. 303— Coal.

Sec. 3546.3. Sale of full weight required.

In the sales of coal within the state of Montana, the seller must give to the purchaser full weight at the rate of two thousand (2,000) pounds per ton, *. [1927]

Sec. 3546.4. Inspection of books.

all papers, records and files of any person, firm or corporation transporting, producing, shipping, exchanging or selling any coal within the state of Montana shall, at all times, be open to inspection by the attorney general, the county attorneys and the state sealer of weights and measures for the purposes of enforcing this act [Secs. 3546.13546.6]. [1927]

Sec. 3546.5. Penalty for violations; revocation of license.

Every person, firm or corporation violating any of the provisions of this act [Secs. 3546.1-3546.6] shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty-five ($25.00), nor more than five hundred dollars ($500.00), or by imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment. Any person, firm or corporation convicted of a second violation of any of the provisions of this act shall be punished as above provided, and the license of any retail coal dealer shall, thereby, be automatically revoked, and it shall be unlawful for any person, firm or corporation, so convicted, thereafter to engage in said retail business, either directly or indirectly, for a period of six (6) months next after such second conviction. [1927]

Sec. 3546.6. Enforcement.

It shall be the duty of the state sealer of weights and measures to enforce the provisions of this act [Secs. 3546.1-3546.6] and the duty of the attorney general and the county attorneys of the counties of the state to prosecute all cases arising under the provisions hereof. [1927]

888243-51-37

Revised Codes 1935, Vol. 2, Political Code, Ch. 306— Containers for Farm Products.

Sec. 3561. Department of agriculture to establish standards.

The department of agriculture, labor, and industry shall have power and it shall be its duty:

4. To establish and promulgate standards for open and closed receptacles for farm products .. [1921]

Sec. 3633.5. Marking requirements.

(a) 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 farm products prepared for market unless each container has been legibly and conspicuously tagged, branded, labeled or stenciled before being moved from the premises of the person or persons responsible for the grading and packing, and the name of the grade, together with the true net contents expressed in weight. [1933]

Sec. 3633.7. Enforcement.

The commissioner of agriculture is hereby charged with the enforcement of this act [Secs. 3633.1-3633.12] and is given power unto himself and to his duly appointed representatives to enter into and upon the premises where farm products are graded or packed or stored, to inspect the same as to grade, pack and condition. [1933]

Sec. 3633.8. Rules and regulations.

The commissioner of agriculture may promulgate rules and regulations deemed necessary to the proper enforcement of the provisions of this act [Secs. 3633.1-3633.12]. [1933]

Sec. 3633.10. Penalty for mislabeling containers. Whoever violates this act [Secs. 3633.1-3633.12] by not tagging or branding containers as herein required, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten dollars ($10.00), nor more than one hundred dollars ($100.00), or by imprisonment in the county jail not less than thirty (30) days nor more than three (3) months, or by both such fine and imprisonment in accordance with the discretion of the court. [1933]

Revised Codes 1935, Vol. 2, Political Code, Ch. 306Milk and Cream.

Sec. 3572.1. Deceit in grade, measure or test unlawful.

No person, firm or corporation selling or delivering milk or cream, and no person, firm, or corporation receiving or purchasing milk or cream by

Revised Codes 1935, Vol. 2, Political Code, Ch. 306— Milk and Cream-Continued.

weight, grade or Babcock test, or either, or by measure, grade or Babcock test, or either, shall with intent to deceive or defraud as to the weight, grade, measure or Babcock test thereof; manipulate, change or alter such measure, Babcock test, grade or weight, or make or return to any person any false, inaccurate or untrue statement of such weight, grade, Babcock test or measure, or use any measure, grading or testing apparatus which does not comply with the standards of the department of agriculture or which has been condemned as inaccurate. [1931; last amended 1933.]

Sec. 3572.2. Penalty for violation of preceding section; revocation of license.

Any person, firm or corporation who violates any of the provisions of this act [Secs. 3572.1-3572.2] shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than three hundred dollars ($300.00) or by imprisonment in the county jail for not more than two (2) months, or by both such fine and imprisonment. The commissioner of agriculture is also authorized and empowered to revoke any license issued by his department to any person, firm or corporation upon his or their conviction for violation of the provisions of this act. [1931; last amended 1933.] Revised Codes 1935, Vol. 2, Political Code, Ch. 306Weighing of Grain.

Sec. 3573. Enforcement.

The department of agriculture, labor and industry, through the division of grain standards and marketing, shall enforce all the laws of the state of Montana concerning the handling, weighing, grading, inspection, storage and marketing of grain, and the management of public warehouses. [1921]

Sec. 3576. Appointment of chief inspector of grain, weighers,

etc.

The commissioner of agriculture shall appoint a chief inspector of grain for the state, and such number of inspectors, samplers and weighers as may be necessary [1921; last amended 1929.]

Sec. 3577. Misconduct of weighers, etc.; penalty.

Any inspector, sampler, or weigher, who shall be guilty of any neglect of duty, or who shall knowingly or carelessly inspect, sample, or weigh any grain, or who shall, directly or indirectly, accept any money or other consideration for any neglect of duty or any improper performance of duty as such inspector, sampler, or weigher, or any person, persons, corporation, or agent, who shall improperly influence, or attempt to improperly influence, any inspector, sampler, or weigher in the performance of his duties, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be

fined not less than one hundred dollars nor more than five hundred dollars, or be imprisoned in the county jail not less than thirty days nor more thar one year, or by both such fine and imprisonment in the discretion of the court. [1921]

Sec. 3578. Designation of inspection points.

Such cities and towns where grain is received it carload lots may be designated by the commissione of agriculture as inspection points, and be provided with state inspection and weighing; provided, tha the expenditures for the inspection and weighing at the points designated by the commissioner shal not exceed the receipts of fees at such point o points. *. [1921]

*

Sec. 3580. Deputy inspectors; appointment during grain-ma keting season; investigation of weighing and dockage. The commissioner of agriculture shall during the grain-marketing season, appoint suc deputy inspectors as they deem necessary to visi the grain-growing districts for the purpose of in vestigating grain grading, dockage, and weighing and enforcing the rules and regulations laid dow by the commissioner. [1921]

Sec. 3581. Fees for inspection and weighing; lien.

The commissioner of agriculture shall fix the fee for inspection and weighing of grain, and such fee shall be a lien upon such grain until paid. [192] last amended 1929.]

Sec. 3582. Records of weighing and grading; certificate weight.

The inspectors, samplers and weighers shall, a places provided for state inspection, have exclusiv control of the weighing and grading of grain to b inspected, and the certificates of such officers rela tive to such weighing and grading, shall be con clusive upon all parties interested. Suitable book and records shall be kept, in which shall be en tered a faithful and true record of every carload c grain inspected or weighed by them, and showin the number of and initial or other designation c the car containing such carload, its weight, th kind of grain and its grade, *. They sha

also furnish the agent of the railroad company, c other carrier over which such commodity wa shipped or carried, a certificate showing the weigh thereof, if requested to do so.

[1921]

Sec. 3583. Removal of inspectors, samplers or weighers up proper complaint.

Upon written complaint filed with the commi sioner of agriculture, charging an inspector, sam pler, or weigher with official misconduct, inef ciency, incompetency, or neglect of duty, the com missioner of agriculture shall investigate suc charges, and, if it be found sustained, shall remov such officer. [1921]