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thousand (1,000) pounds, two ($2.00) dollars; each portable scale, meat track scale, hanging scale and commercial person weighing scale, one ($1.00) dollar; grain testers and other small scales used for weighing and testing grain in grain elevators, or warehouses, fifty (50c) cents; all counter scales with a capacity of one (1) to ten (10) pounds, twentyfive (250) cents; all counter scales with a capacity of over ten (10) pounds, seventy-five (750) cents. The sealer of weights and measures, shall by proper regulation, fix inspection fees for any scales, weights, measures, weighing and computing devices not covered by the foregoing schedule of fees. [1927; last amended 1947.]

Sec. 3592. Inspecting grain cars at destination; license required for grain weighers;

penalty for weighing without license. All inspectors, samplers and weighers, before opening the doors of any car containing grain, upon arrival at any of the places designated by the commissioner of agriculture for inspection, shall first ascertain the condition of such cars, and determine whether any leakages have occurred while said cars were in transit, whether or not the doors were properly secured and sealed at point of shipment, and shall make a record of such facts in all cases, giving seal numbers.

After such examinations have been made, the state officials shall securely close and re-seal such doors as have been opened by them, using the special seal of the commissioner of agriculture for the purpose.

A record of all original seals broken by said officials and the date when broken, and also a record number of said seals, shall be made by them. An inspector, weigher, or sampler shall break the seal, weigh and superintend the unloading of all cars of grain subject to inspection, and it shall be unlawful for any other person, or persons, to break the seal or weigh such cars of grain.

The commissioner of agriculture shall have power to require all persons, firms, corporations, or warehousemen engaged in weighing grain within the state of Montana to obtain a license, and prescribe rules and regulations governing the application for and the issuance of such licenses, but no fee shall be charged therefor, and any person, firm, corporation, or warehouseman, who shall weigh any grain without first having obtained said license, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars. [1921]

Sec. 3575.3. Bills and accounts of state sealer of weights and measures and his deputies.

All bills and accounts incurred by the state sealer of weights and measures and his deputies shall be presented to the board of examiners and allowed by said board in the same manner as provided for other claims contracted for and in behalf of the state of Montana. And to expedite the handling of the work in the field there shall be set aside a contingent revolving fund of two thousand dollars ($2,000.00) out of which the expenses of the field men shall be paid each week, together with other emergency cash claims. [1927; last amended 1939.] Sec. 3575.8. Scale testing equipment transferred to department of agriculture.

All equipment in possession of the secretary of the state of Montana, for the purpose of calibrating test weights, shall be transferred to the department of agriculture, for use in the scale testing department. [1933] Revised Codes 1935, Vol. 2, Political Code, Ch. 309—

Erection of Scales on Railroad Platforms.

Revised Codes 1935, Vol. 2, Political Code, Ch. 306

Scale Inspection.
Sec. 3575.2. Scale inspection service; fees.

It shall be the duty of each person, firm, co-partnership, or corporation owning or in possession of a scale or scales to pay to the state sealer of weights and measures or his deputies at the time of inspection of such scale or scales, the following inspection fees: For each railroad track scale the sum of ten ($10.00) dollars; grain shipping hopper scale with a capacity of forty thousand (40,000) pounds or over, twenty ($20.00) dollars; wagon scale, truck scale, coal scale, dump scale, automatic or hopper shipping scale, beet scale, and stock scale, up to and including ten (10) ton capacity, five ($5.00) dollars, from fifteen (15) ton up to and including thirty (30) ton capacity, eight ($8.00) dollars, and forty (40) ton capacity and over, fifteen ($15.00) dollars; for each dormant platform scale and dial scale with a capacity of five hundred (500) pounds to one

Sec. 3797. Enforcement.

The board [board of railroad commissioners shall have the general supervision of all railroads

and shall investigate any alleged neglect or violation of the laws of the state by any railroad

[1907] Sec. 3825. Erection of scales.

Every railroad company shall allow suitable scales to be erected either upon the platform or upon the grounds adjacent thereto, if upon their right of way, for weighing and shipping purposes. [1913]

Sec. 3826. Penalty for violations.

Every railroad company neglecting or refusing to comply with the requirements of this act (Secs. 3822–3826] shall be deemed guilty of a misdemeanor, and be subject to a fine of not less than five hundred dollars for every thirty days such failure shall continue after notice as aforesaid. [1913] Revised Codes 1935, Vol. 2, Political Code, Ch. 313

Public Utilities. Sec. 3890. Commercial units of product or service; rules and

regulations for testing; inspection of appliances; fees.

The commission (public service commission] shall ascertain and prescribe for each kind of public utility [those furnishing heat, light, power, water, etc.) suitable and convenient commercial units of product or service. These shall be lawful units for the purposes of this act (Secs. 3879–3913). The commission shall

prescribe reasonable regulations for examination and testing of such product or service and for the measurement thereof.

The commission shall provide for the examination and testing of any and all appliances used for the measuring of any product or service of a public utility. Any consumer or user may

have
any

such appliances tested upon payment of the fees fixed by the commission. The commission shall establish and declare reasonable fees to be paid for testing such appliances on the request of the consumers or users, the fee to be paid by the consumer or user at the time of his request, which fees, however, shall be paid by the public utility and repaid to the complaining party, if the quality or quantity of the product, or the character of the service, be found by the commission defective or insufficient in a degree to justify the demand for testing; or the commission may apportion the fees between the parties as justice may require. [1913]

and measuring, gauging or testing devices and apparatus used in connection with the wholesale or retail distribution of the products enumerated herein, and may prescribe suitable standards of accuracy for such meters and measuring devices, conformable to the standards fixed by the United States bureau of standards for such devices. [1927] Sec. 3913.24. Penalty for violations.

If any person, firm, co-partnership or corporation coming within the provisions of this act (Secs. 3913.1–3913.24] shall violate any of the provisions of this act or shall do any act herein prohibited, or shall fail or refuse to perform any duty enjoined upon it, for every such violation, failure or refusal such person, firm, co-partnership or corporation, shall, in addition to the forfeiture of license as hereinbefore provided, be for the first offense punished by a fine of not less than ten dollars ($10.00) and not to exceed one thousand dollars ($1,000.00), and shall be punished for any subsequent offense by a fine of not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000.00), or by imprisonment in the county jail for a term not exceeding one year, or by both such fine and imprisonment. [1927] Revised Codes 1935, Vol. 2, Political Code, Ch. 327–

Commercial Fertilizer.

Revised Codes 1935, Vol. 2, Political Code, Ch. 314

Petroleum Products. Sec. 3913.1. Dealers license.

All persons, firms, co-partnerships, corporations, trusts or agencies engaged, directly or indirectly, in the business of selling or offering or advertising for sale or in the business of refining or manufacturing or keeping for sale within the state of Montana any gasoline, kerosene, distillate, road oil, fuel oil, or any oil or gas products, lubricating oil and greases, for use in motor vehicles or in internal combustion engines, shall make application to the public service commission of Montana, upon such blank forms as may be provided by said commission for the right to do business in the state of Montana and the making of such application shall be a condition precedent to the right of any such person, firm, co-partnership, corporation, trust or agency to transact any such business within the state of Montana and upon the making and filing of such application and the payment of the proper fee, a license shall issue to the applicant. (1927)

Sec. 4208.1. Definition.

The term “commercial fertilizer” shall be held to include any and every substance, imported, manufactured, prepared or sold for fertilizing, manurial, soil enriching or soil corrective purposes, the retail price of which is ten dollars. ($10.00), or more per ton; provided, however, that this act [Secs. 4208.1–4208.11) shall not apply to any stocks that may

be in the hands of dealers in the state of Montana at the time this act goes into effect, nor shall it apply to animal manure which has not been artificially treated, to activated sludge which has been heat treated and which is sterile, or to materials sold to each other by manufacturers or importers. [1931; last amended 1947. Sec. 4208.2. Marking requirements.

Each lot or parcel of mixed commercial fertilizer sold, offered or exposed for sale, or distributed within this state shall have on each package or container, in a conspicuous place on the outside, a legible or plainly printed statement in the English language, clearly and truly certifying: (a) The net weight of the contents of the pack

. age, lot or parcel. [1931; last amended 1939.

*

Sec. 3913.20. Inspection and classification of measuring de

vices.

The commission public service commission) shall have power to inspect and classify all meters

Sec. 4208.3. Marking requirements for unmixed fertilizer.

All bags or containers of unmixed materials, such as nitrate of soda, sulphate of ammonia, sulphates and muriates of potash, limestone, gypsum or other fertilizer or soil correcting substances shall have stamped thereon a plain statement in the English language, of

the net weight of the contents of the package, lot or parcel; [1931; last amended 1935.] Sec. 4208.11. Penalties for violations.

Any corporation, co-partnership or person who shall sell, or offer for sale, any commercial fertilizer in this state without first having complied with the provisions of this act (Secs. 4208.1-4208.11], ... shall be guilty of a misdemeanor and shall upon conviction thereof be fined not less than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000.00) for each offense, (1931] Revised Codes 1935, Vol. 2, Political Code, Ch. 331—

Containers for Apples.
Sec. 4265.2. Marking requirements.

Any box, barrel, crate or carton used in packing apples for sale shall be marked or branded in plain legible letters on one (1) end with:

d. With the approximate number of apples contained therein, or with the net weight of contents. (1931) Sec. 4265.4. Standard apple box.

There is hereby created and established a standard size for apple boxes for the state of Montana. *The standard size of an apple box shall be of the following dimensions, when measured without distention of its parts: Depth of end, ten and one-half inches (101/2"'); width of end, eleven and one-half inches (1112"); length of box, eighteen inches (18") inside measurements; and representing as nearly as possible two thousand one hundred and seventythree and one-half cubic inches (2,1731/2"). [1931] Sec. 4265.5. Short boxes to be marked.

Any box in which apples shall be packed and offered for sale that contains less than the required number of cubical inches, as prescribed in the preceding section, shall be plainly marked on one (1) side and one (1) end with the words “Short Box", or with the words or figures showing the practical relation which the actual capacity of the box bears to the capacity required by the preceding section. The marking required by this paragraph shall be in black letters of not less than one-half (12) inches in size. [1931] Sec. 4265.6. Penalty for violation of act.

No person, firm, company or corporation shall sell or offer for sale or shipment within or without the state of Montana, apples branded or packed in containers in violation of the provisions of this act Secs. 4265.1-4265.6). Any person, firm, company or corporation who shall knowingly sell or offer for

sale or shipment within or without the state of
Montana, apples in violation of the provisions of
this act shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be subject to a
fine of not less than ten dollars ($10.00) nor more
than fifty dollars ($50.00). [1931; last amended
1935.)
Revised Codes 1935, Vol. 2, Political Code, Ch. 332—

Standard Weight of Bread.
Sec. 4273. Weight requirements for sale of bread.

From and after the passage of this act (Secs. 4273– 4276] it shall be unlawful for any person or persons, association, co-partnership, or corporation to manufacture for retail or wholesale trade, or to sell bread, unless the same shall be of the following weights, which shall be net weights eight hours after baking: One pound, one and one-half pounds, two pounds, three pounds, four pounds, five pounds, six pounds, or other multiple pound weights; vari. ation at the rate of one ounce per pound over and one ounce per pound under the above specified units weights are to be permitted in individual loaves, but the average weight of not less than twenty-five loaves of any one unit of any one kind shall be not less than the weight prescribed for such unit, and if twin or multiple loaves are wrapped at the place where baked or sold to the consumer wrapped and undivided, the loaf must conform to the above weight requirements, and if the twin or multiple loaf is unwrapped or divided before being sold to the consumer, each unit of the loaf must conform to the above weight requirements; provided, that this act shall not apply to persons, firms, or corporations who do not hold themselves out to the public, and engaging in a general and established business of manufacturing or selling bread and bread products. [1919) Sec. 4274. Definitions; conditions under which bread may be sold.

In construing provisions of the preceding section the following definitions shall be had: A twin or multiple loaf is one that is made of two or more portions of dough baked in one pan; single units weighing less than one pound must not be baked; a manufacturer or seller of loaves of the weights prescribed may cut and sell a portion of a loaf to a consumer; bread may be sold at any time after baking, and it shall not be required that bread shall remain unwrapped for any specified length of time after baking. (1919) Sec. 4276. Penalty for violations.

Any such manufacturer or seller violating any of the provisions herein contained shall be liable to a fine of not less than ten dollars nor more than one hundred dollars for each and every offense, and each separate sale or violation of any of the provisions of this act (Secs. 4273–4276] shall constitute a separate offense. [1919]

Revised Codes 1935, Vol. 3, Civil Code, Ch. 81- All seeds weighing less than the above per bushel Measurement of Water.

shall be graded as sample weight, provided that the

percentage of damage, heat damage, sound cultiSec. 7107. Cubic foot.

vated mustard seed, foreign material and determiHereafter a cubic foot of water (7.48 gallons) per nations of all other factors not otherwise provided second of time shall be the legal standard for the for shall be on the basis of a portion cut from the measurement of water in this state. [1899]

original sample and separated by hand picking. Sec. 7108. Miner's inch.

(1941] Where water rights expressed in miner's inches Sec. 6. Enforcement; rules and regulations; fees for weighing. have been granted, one hundred miner's inches It is hereby made the duty of the Commissioner shall be considered equivalent to a flow of two and

of Agriculture, Labor and Industry of the State of one-half cubic feet (18.7 gallons) per second; two Montana to administer and enforce this act (Secs. hundred miner's inches shall be considered equiva- 1-8], and for such purposes he is hereby empowlent to a flow of five cubic feet (37.4 gallons) per ered to make all proper necessary rules and regulasecond, and this proportion shall be observed in tions, and he is also empowered to and he shall fix determining the equivalent flow represented by any the fees for inspection and weighing of mustard number of miner's inches. [1899]

seed and such fees shall be a lien upon such musSec. 713. Statutory inch.

tard seed until paid, and such fees shall be collected

by the commissioner of agriculture or his duly auWhere water rights have been decreed in statu

thorized representatives, and the commissioner of tory or miner's inch measurement, the measurement

agriculture shall deposit such fees with the state shall be in cubic feet per second, and one hundred

treasurer in a fund known as the "department of miner's or statutory inches shall be equivalent to a

agriculture revolving appropriation fund”, for grain flow of two and one-half cubic feet per second, and grading, out of which all operating expenses of this this proportion shall be observed in determining act shall be paid. [1941] the equivalent flow of any number of miner's or statutory inches. (1907]

Sec. 7. Penalty for violations. Laws 1941, Ch. 35–Mustard Seeds.

Any one violating any of the terms of this act

[Secs. 1–8] shall upon conviction be guilty of a Sec. 1. Standard classes.

misdemeanor and shall be fined not less than The standard classes of mustard seed for the State

twenty-five dollars ($25.00) nor more than one hun. of Montana shall be as follows:

dred (dollars] ($100.00). [1941]
Fancy-Cultivated tame yellow mustard seed. Laws 1943, Ch. 228—Commercial Feeds.
Class 1-Cultivated tame yellow mustard seed.

Sec. 1. Definition.
Class 2-Cultivated tame brown mustard seed.
Class 3–Cultivated tame Montana oriental mus-

The term “Commercial Feeds.” shall be held to tard seed.

include all materials used for feeding animals or Class 4-Mixed cultivated tame mustard seed,

poultry, except the following: [1941]

(a) Unmixed whole seeds or grains;

(b) The mixed or unmixed meals made directly Sec. 3. Test weights per bushel.

from and consisting of the entire grains of corn, The following shall be the legal test weights per wheat, rye, barley, oats, buckwheat, flaxseed, kafir, bushel, namely: The weight per Winchester bushel milo, feeds from oil seeds, and other seeds or grains; as determined by the testing apparatus and the (c) Whole, chopped or ground hays, straws, corn method of use thereof described in Bulletin 1065 stover and silage, when unmixed with other mateU. S. D. A. dated May 18, 1922, or as determined rials; by any device and method which give equivalent (d) Feeds sold in small quantities and used solely results in the determination of test weight per for household pets except dogs; bushel:

(e) Wet beet pulp, barley sprouts, and whole Weight per bushel for tame yellow mustard seed screenings. [1943] shall be:

Sec. 2. Marking requirements. Fancy

56 lbs. # 1

All manufacturers, importers, jobbers, firms, as# 2

52 lbs.

sociations, corporations or persons shall before sell# 3

50 lbs.

ing or offering for sale in this state any brand of Weight per bushel for tame brown and tame commercial feed, including wheat bran and wheat Montana oriental mustard seed shall be:

middlings straight or mixed, have printed on, or

attached to each bag, package, carton or delivered #1

53 lbs. # 2

with each bulk lot a plainly printed statement, 50 lbs.

hereafter referred to as the label, in a conspicuous

54 lbs.

52 lbs.

place on the outside, containing a legible and clearly printed statement in the English language clearly and truly stating:

(a) The net weight of the contents of the package, bag, carton or bulk lot; [1943]

(n) The term "director" means the director of the food and drugs division of the state board of health.

Sec. 4. Bulk sales.

When feed is sold in bulk or in packages belonging to the purchaser, the manufacturer, importer, jobber, firm, association, corporation or person so selling shall furnish the purchaser with a card or cards upon which appears the statement required by the provisions of Section 2. [1943]

(p) The term "label" means the written, printed, or graphic matter on, or attached to, the economic poison, or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the economic poison.

(9) The term "labeling" means all labels and other written, printed, or graphic matter,

(1) upon the economic poison or any of its containers or wrappers;

(2) accompanying the economic poison at any time;

(3) to which reference is made on the label or in literature acompanying the economic poison,

(s) The term “misbranded" shall apply:

(1) to any economic poison if its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular; [1947]

Sec. 3. Prohibited acts.

(a) It shall be unlawful for any person to distribute, sell, or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following:

*

Sec. 9. Offenses and penalties,

Any manufacturer, importer, jobber, firm, association, corporation or person who shall sell, offer or expose for sale, or distribute in this state, any commercial feeds without having attached thereto or furnished therewith such labels as required by the provisions of this act (Secs. 1-13), or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent said commissioner or his authorized agent in the performance of his duty in connection with the provisions of this act, or who shall sell, offer or expose for sale or distribute in this state any commercial feeds as defined in Section 1, without complying with the requirements of the provisions of this act,

or if the number of net pounds set forth upon the package is not correct, or who shall violate

any

other provision of this act, shall be deemed guilty of a violation of the provisions of this act and upon conviction thereof shall be fined not more than twentyfive ($25.00) dollars for the first violation and not less than one hundred ($100.00) dollars for each subsequent violation.

[1943] Sec. 10. Enforcement.

The commissioner of agriculture, labor and industry is hereby empowered to enforce the provisions of this act (Secs. 1–13], and to prescribe and enforce administrative rules and regulations which shall be in harmony with the provisions of this act and the official pronouncements of the association of American feed control officials. [1943] Laws 1947, Ch. 263—Economic Poisons. Sec. 2. Definitions.

(a) The term "economic poison" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, weeds, or other forms of plant or animal life or viruses, except viruses or fungi on or in living man or other animals, which the director of the agricultural experiment station of Montana state college, shall declare to be a pest.

(2) Any economic poison unless it is the registrant's or the manufacturer's unbroken immediate container, and there is affixed to such container, and to the outside container or wrapper of the retail package, if there be one through which the required information on the immediate container can not be clearly read, a label bearing:

(c) the net weight or measure of the content subject, however, to such reasonable variations as the director (of the food and drug division of the State board of health may permit.

(5) Any economic poison which is adulterated or misbranded. (1947]

Sec. 6. Enforcement.

(a) The examination of economic poisons shall be made under the direction of the director (of the food and drug division of the state board of health for the purpose of determining whether they comply with the requirements of this act (Secs. 1-14].

[1947]

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