ec. 54-906. Penalty for violations.

Any person who shall violate any of the proviions of sections 54-901 to 54-905 shall be deemed quilty of a misdemeanor, and upon conviction hereof shall be fined in any sum not exceeding ne hundred dollars or be imprisoned in the county ail not exceeding three months. [1915; last mended 1919.]

Revised Statutes 1943, Vol. 3, Ch. 54, Art. 11-Livestock Sales Rings.

Sec. 54–1101. Definitions.

When used in sections 54-1101 to 54-1126: (1) he term "livestock" shall mean and include horses, nules, cattle, swine, sheep and goats; and (2) the erm "livestock sales ring" shall mean a place where a person, partnership, association or corporation shall assemble livestock for either private or public sale; Provided, the provisions of sections 54-1101 to 54-1126 shall not apply to farm sales, or sales conducted by livestock breeders associations, or by 4-H Clubs, or by exposition societies where there is maintained either state or federal inspection. [1937]

Sec. 54-1110. Licensed weighmasters required.

No license or renewal license to establish or operate a livestock sales ring within the State of Nebraska shall be issued, nor shall any duly licensed livestock sales ring within the state continue to operate, unless the livestock handled by such livestock sales ring shall be weighed by a weighmaster duly licensed by the Director of the Department of Agriculture and Inspection to weigh livestock in livestock sales rings in the State of Nebraska. [1937; last amended 1941.]

Sec. 54-1111. Weighmasters: License; fee.

Upon application in writing to the Director of the Department of Agriculture and Inspection, accompanied by a permit fee of one dollar, the director shall issue annual licenses to such weighmasters. Subject to the conditions of sections 54-1114 to 54-11171, the director may summarily dismiss any weighmaster employed at any livestock sales ring at any time. The moneys arising from permit fees of weighmasters shall be deemed and considered Occupation tax and not license money. [1937; last amended 1941.]

1 Secs. 54-1114 to 54-1117, not included herein, provide for the procedure to be followed in connection with the suspension and revocation of licenses.

Sec. 54-1118. Rules and regulations for enforcement.

The Director of the Department of Agriculture and Inspection may adopt and publish rules and regulations necessary for the administration of sections 54-1101 to 54-1126. [1937]

Sec. 54-1120. Scales: Must conform to regulations.

All scales used in the operation of livestock sales rings must conform with the rules and regulations

of the Director of the Department of Agriculture and Inspection. [1937]

Sec. 54-1126. Penalty for violations.

Any person, association, partnership or corporation, their agents, servants or employees, who shall violate any provision or requirement of sections 54-1101 to 54-1126, or any rule or regulation adopted by the Director of the Department of Agriculture and Inspection pursuant to said sections, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than one hundred dollars nor more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both. [1937]

Revised Statutes 1943, Vol. 3, Ch. 56, Art. 2—Toll Mills.

Sec. 56-201. Toll mills deemed public mills.

All mills within this state, for grinding wheat, rye, corn or other grain, and which shall grind for toll, shall be deemed public mills. [1873]

Sec. 56-205. Measures and toll dishes.

Every owner or occupier of any public mill shall keep in his mill an accurate half-bushel measure and an accurate set of toll dishes. [1873]

Revised Statutes 1943, Vol. 4, Ch. 66, Art. 2-Paint. Sec. 66-201. "Paint" defined.

The term "paint" as used in sections 66-201 to 66-208 shall include white lead, basic carbonate or sublimate in any kind of oil, or any compound intended for the same use, paste or semi-paste, and liquid or mixed paint ready for use. [1919]

Sec. 66-202. Deceptive labels.

No person shall expose for sale or sell within. this state any paint, linseed or flaxseed oil which is labeled or marked in any manner so as to tend to deceive the purchaser as to its nature or composition, or which is not accurately labeled as required by sections 66–203 [1919]

Sec. 66–203. Marking requirements.

The label on paint shall be printed in the English language, in clear, legible type, and shall clearly and distinctly state with substantial accuracy the quantity contained in the package, which, in the case of liquid or mixed paints, shall be designated in standard gallons or fractions thereof, and in the case of paste or semipaste paints, such as are commonly sold by weight, the avoirdupois weight. [1919]

Sec. 66-207. Possession of mislabeled paint; evidence of violation.

Possession by any person dealing in said articles, of any article or substances hereinbefore described not properly labeled, as provided in sections 66–

Revised Statutes 1943, Vol. 4, Ch. 66, Art. 2—Paint -Continued.

202 to 66-204, shall constitute prima facie evidence that the same is kept by such person, in violation of the provisions of sections 66-201 to 66–208. [1919]

Sec. 66–208. Penalty for violations.

Any person violating any of the provisions of sections 66-201 to 66-208 shall be fined in any sum not exceeding one hundred dollars, or imprisoned in the county jail not exceeding three months. [1919]

Revised Statutes 1943, Vol. 4, Ch. 69—Binder Twine. Sec. 69–509. Marking requirements.

A stamp or label shall be placed on every ball of binder twine sold, exposed or offered for sale in this state, giving the name of the manufacturer or importer, the number of feet to the pound in such ball, the material from which it is made, the tensile strength, the percent of oil it contains, and the date of manufacture. The deficiency in length shall not exceed five per cent of the amount as stated on the label or stamp. [1901; last amended 1909.] Sec. 69-510. Penalty for violations.

Every manufacturer, importer or dealer who fails to comply with the provisions of section 69-509 shall upon conviction be liable to a fine of twentyfive cents for each and every such ball sold, offered or exposed for sale. [1901]

Revised Statutes 1943, Vol. 4, Ch. 74, Art. 5—Railroads. Weighing.

Sec. 74–542. Weighing of cars and freight: Enforcement.

The State Railway Commission shall have power, and it shall be its duty, to enforce reasonable regulations for the weighing of cars and of freight of fered for shipment or transported within this state. [1911]

Sec. 74-543. Track scales: Enforcement.

All track scales used by common carriers for the purpose of weighing freight shipped in carload lots within this state, shall be under the control and direction and jurisdiction of the State Railway Commission, and subject to inspection by it or under its direction. [1911]

Sec. 74-544. Same: Power to condemn.

The State Railway Commission shall have power, either on its own motion or on complaint being made, to determine whether any such track scale is defective or inefficient, or whether the time, manner or method of using it is unreasonable, ineffective or unjust. It shall have power to condemn any such scale found to be defective or inefficient, and prohibit its use while in that condition and to render such decision and to make such order,

rule or regulation as may be deemed necessary or advisable. [1911]

Sec. 74–545. Same: Penalty for violating two preceding sec tions.

Any officer, agent or representative of any rail way company or common carrier, who shall violate any of the provisions of sections 74-540 and 74544, or who shall fail or refuse to obey and carry out any decision, order, rule or regulation of the State Railway Commission, duly entered in con formity with the provisions of such sections, shal be guilty of a misdemeanor, and upon conviction shall be fined for each offense a sum of not les than one hundred dollars nor more than five hun dred dollars, or be imprisoned in the county jai not less than ten days nor more than thirty days or both. [1911]

Sec. 74-546. Same: Duty to provide; maintenance; weigh certificates.

Every person, firm or corporation, engaged i operating any railroad within the State of N braska, over which coal and other commodities i carload lots shall be transported for hire, sha equip the line of its track and thereafter maintai thereon in good order track scales of sufficien capacity to weigh full carloads of any and all kind of merchandise, coal, grain or other property, tha may be transported over such railroad, and t weigh the same at the request of any owner, co signor or consignee of such property, and furnis written certificates of such weights to such owne consignor and consignee provided in section 74 548. [1907]

Sec. 74-547. Same: Where installed.

Such track scales shall be so installed and mai tained at all division stations along the line such railroads within the State of Nebraska, an at such other stations as the State Railway Cor mission shall from time to time direct. [1907] Sec. 74-548. Same: Merchandise weighed on request; certi

cates.

The owner, consignor or consignee of any ca load lots of grain, coal, merchandise, or oth property in course of transportation over any ra way within the state, transporting the same f hire, may request in writing any agent of t operators of such railway to weigh any such ca loads of grain, coal, merchandise, or other proper in course of transportation and, upon such reque being received, it shall become the duty of t operators of such railroad to weigh the car or ca designated in such written request, together wi their contents, upon such track scale as may designated in such written request, over which su car or cars in the regular course of transit w thereafter pass, and deliver to the person maki such request a written certificate showing the nar and number of the car so weighed, the date

the taking of such weight, and the place where weighed, with the number of pounds of gross and net weights, after deducting the tare marked on the car from such gross weight. The certificate so executed and delivered shall be admissible evidence against such railway company in any legal proceeding, thereafter instituted or then pending against any such carrier weighing and transporting the property contained in such car or cars, of all the facts stated in such certificate. [1907]

Sec. 74-549. Same: Stations without scales; weighing.

Wherever any carload lot of merchandise, coal, grain, or other property shall be delivered for transportation for hire to any carrier by railroad within this state, consigned to any person at a station on the line of the railroad of such carrier, or upon any other railroad within this state, where no track scale is located and maintained, and such car in the course of transit will not pass a track scale on the line of such connecting carrier, it shall immediately become the duty of such initial carrier to cause the same to be weighed in the manner required by section 74-548 on the track scale located nearest the station to which such car is consigned, and to stamp upon the waybill for such car all of the matters required to be set out in the certificate provided for in such section. Where coal, grain, merchandise, or other property in carload lots is consigned to stations where track scales are located and the consignee requests the same weighed, such weights shall be taken, both gross and tare, with the car uncoupled, on such track scales at the point of destination. [1907] Sec. 74-550. Same: Failure to weigh; penalty.

Any railroad company operating in this state and violating any of the provisions of sections 74546 to 74-549, by neglecting or refusing to furnish weights as provided in section 74-549, shall upon conviction thereof be fined in the sum of one hundred dollars for each and every such violation. The fine shall be recovered by the state in an action in its name upon complaint of any owner, consignor or consignee of the property which such carrier may refuse to weigh, made before any court of competent jurisdiction. [1907]

Sec. 74-567. Livestock Shipments: "Mixed shipments" defined.

"Mixed shipments" of livestock, as used in section 74-568, include car lots containing two or more of the following classes of livestock: cattle, sheep, hogs and goats. [1921]

Sec. 74-568. Same: Carload, minimum weights.

Seventeen thousand pounds shall be the minimum weight for a carload of such mixed stock shipped in a single deck standard car of approximately thirty-six feet in length. Such minimum weight shall be more or less than seventeen thousand pounds in proportion as such car is more or

less than thirty-six feet long. In a mixed shipment of livestock the rate of the species having the highest rate may be the rate of such shipment. [1921] Sec. 74-569. Same: Penalty for violating preceding section.

Any railroad company failing to comply with the provisions of section 74-568 shall be subject to a penalty of not less than twenty dollars nor more than one hundred dollars for each and every violation thereof. The penalty may be recovered for the use of the county in a civil action in the name of the state by the county attorney of any county through which such railroad may pass. [1921]

Revised Statutes 1943, Vol. 4, Ch. 81, Art. 2-Food. Sec. 81-203. Rules and regulations; enforcement.

The Department of Agriculture and Inspection shall enforce the provisions of sections 81-203 to 81-215. It shall make or cause to be made all necessary examinations and shall have authority to promulgate such rules and regulations as are necessary to enforce promptly and effectively the provisions of said sections. [1919; last amended 1921.] Sec. 81-206. When deemed misbranded.

The term "misbranded," as used in sections 81203 to 81-215, shall apply to all articles of food, or articles which enter into the composition of food *. An article shall also be deemed to be misbranded, in the case of food:

(2) If it is labeled or branded so as to deceive or mislead the purchaser or if it is in a container so made, formed or shaped as likely to deceive or mislead the purchaser as to quantity, quality, size, kind or origin of the food therein;

(3) If in package form, if each package does not have a correct statement, clearly printed on the outside of the package, of the contents and the quantity of the contents in terms of weight, measure, or numerical count; and in case of wheat flour the name of the manufacturer and the place where manufactured; Provided, that the provisions of this subdivision shall not apply to packages put up by the retailer at the time of sale;

(4) If the true quantity in the container, in case of liquids other than medicines, is not correctly stated thereon; *. [1913; last amended

1941.]

Sec. 81-209. Definition.

The term "food," as used in sections 81-203 to 81-215, shall include all articles used for food, drink, confectionery or condiment by man or animals, whether simple, mixed or compound. [1913; last amended 1941.]

Sec. 81-212. Guaranty protection.

No dealer shall be prosecuted under the provisions of section 81-215 when he can establish a

Revised Statutes 1943, Vol. 4, Ch. 81, Art. 2-Food -Continued.

bona fide guaranty signed by the wholesaler, jobber or manufacturer in this state, from whom he purchased such articles, that they are not adulterated or misbranded within the meaning of sections 81-205 to 81-207, designating them, and that he had no knowledge of such adulteration or misbranding at the time they were purchased. Such guaranty shall contain the name and address of the vendor, who shall be amenable to the prosecutions, fines and other penalties to which the purchaser would otherwise be amenable. [1913; last amended 1919.]

Sec. 81-213. Condemnation.

Any article of food which is adulterated or misbranded within the meaning of sections 81-205 to 81-207, and which is sold, offered for sale or delivered within this state, shall be liable to be proceeded against where the same is found and seized for confiscation by a process of libel for condemnation. [1913; last amended 1941.]

Sec. 81-214. Possession of misbranded articles prohibited.

No person shall, within this state, manufacture for sale therein or have in his possession with intent to sell, offer or expose for sale, or sell any liquors, beverages or articles of food which are adulterated or misbranded within the meaning of sections 81-205 to 81-207. [1919; last amended 1941.]

Sec. 81-215. Penalty for violations.

Any person, firm or corporation, violating any of the provisions of sections 81-203 to 81-215 shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than ten dollars nor more than one hundred dollars, or imprisoned in the county jail not exceeding three months. [1913; last amended 1919.]

Revised Statutes 1943, Vol. 4, Ch. 81, Art. 2-Milk and Cream.

Sec. 81-229. Bureau of dairies, foods and drugs; supervision and control by director of department.

The Governor is authorized and empowered to appoint a Chief of the Bureau of Dairies, Foods and Drugs, and such deputies and assistants as in his judgment may be deemed necessary to carry out fully the provisions of sections 81-229 to 81-275, and to fix their compensation. The Director of the Department of Agriculture and Inspection shall have full and complete control and supervision over the office of the Chief of the Bureau of Dairies, Foods and Drugs, and is authorized to make all necessary examinations and to formulate and promulgate such reasonable rules and regulations as may be deemed necessary to enforce promptly and

effectively the provisions of said sections. [1919; last amended 1937.]

Sec. 81-253. Babcock test required; regulations governing weighing and testing.

* *

In determining the value of cream or milk by the use of the Babcock Test, it shall be unlawful to give any false reading, or in any way manipulate the test, so as to determine and pay for a higher or lower per cent of butter fat than the milk or cream actually contains, or to cause any inaccuracy in reading the true and correct percent of butterfat be securing an inaccurate sample for the test from any quantity of milk or cream to be tested; and i shall be unlawful to underweigh or overweigh o give any false weight to any quantity of milk o cream bought or sold. None other thar the Babcock method may be employed when test ing cream the test of which is to be used as a basi for making payment for the milk or cream thu tested. None other than a single-bottle torsion balance scale, or such scale as may be approved by the Chief of the Bureau of Dairies, Foods and Drugs, may be used when weighing a cream sampl for testing, when such test or tests are to be used a a basis for making payment for such cream. In establishing new cream stations or replacing con demned scales, single-bottle scales must be installed It shall be unlawful, and a violation hereof, to us adjustable scale weights in determining the weigh of cream used in the Babcock Test. Only such cen trifuge shall be used as shall meet the approval o the chief of such bureau. [1919; last amended 1937.]

Sec. 81-254. Standardized glassware required.

Every person, firm, corporation or association buying or paying for such milk or cream on a basi of the amount of the butterfat contained therein a determined by the Babcock Test, shall use stand ard Babcock Test bottles, pipettes, weights an scales as herein before provided. All test bottle pipettes and weights shall, in addition to other in spection herein provided, be inspected by the D partment of Dairy Husbandry of the Universit of Nebraska, and if found accurate, shall be legibl marked by that department with the letters "S. C N." (Standard Glassware Nebraska). The fee fo such standardization shall be three cents for eac piece of glassware and each weight so tested an marked, and the fee shall be paid to the Depar ment of Dairy Husbandry. It shall be unlawful use or have in the place of business of any suc person, firm, corporation or association, any othe than such standard and marked test bottles, p pettes or weights. It shall be unlawful for any pe son or persons to use any test tube, bottle, pipet or instrument, in connection with the Babcoc Test, which is not perfectly clean. For the purpo of this test, any unclean test tube, bottle or pipet is declared inaccurate. [1919; last amended 1937

Sec. 81-256. Standards for scales and test bottles.

For the purpose of sections 81-229 to 81-263, the scales used in the performance of the Babcock Test for the purchase of milk or cream on a butterfat basis shall be of the one-bottle type and sensitive to at least twenty-five milligrams at full lead. The standard milk test bottle shall have a total per cent graduation of eight or ten. The graduated portion of the neck of the eight per cent bottle shall have a length of not less than two and one-half inches, the graduated portion of the neck of the ten per cent bottle shall have a length of not less than three inches, and each shall be graduated to tenths per cent. The error at any point of the scale shall not exceed one-tenth per cent; total height of bottle shall be between five and seven-eighths and six and one-half inches. The standard cream test bottle shall be a fifty per cent, nine gram bottle; the total per cent graduation shall be fifty. The graduated portion of the neck shall have a length of not less than three inches and shall be graduated to five-tenths per cent. The error at any point of the scale shall not exceed five tenths per cent. The total height of the bottle shall be between five and seven-eighths and six and one-half inches. The standard Babcock milk pipette shall be graduated to deliver seventeen and six-tenths cubic centimeters of water at twenty degrees centigrade in five to eight seconds. The standard weight shall be nine grams. [1919; last amended 1921.]

Sec. 81-257. Penalty for violations.

Any person, firm, association, corporation, tester, independent cream buyer or owner of any cream station, their agents, servants or employees, violating any of the provisions of sections 81-229 to 81263, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not less than ten dollars nor more than one hundred dollars, or be imprisoned in the county jail not exceeding three months. [1919; last amended 1937.]

conspicuous place on the outside thereof or furnish to the purchaser of goods sold in bulk a plainly printed certificate giving the items as listed below and in the following order:

(1) The number of pounds net in the package sold; [1919; last amended 1929.]

Sec. 81-2,160. Enforcement of act.

The Department of Agriculture and Inspection shall enforce the provisions of sections 81-2,158 to 81-2,162, and may publish annually a report of all analyses made and certificates filed. The department shall exercise, in the enforcement of said sections, all the authority and powers now granted under the food, drug, dairy, and oil laws of the State of Nebraska. The department is authorized to take for analysis a sample from any lot or package of commercial fertilizer in this state, not exceeding two pounds in weight. [1919]

Sec. 81-2,162. Penalty for violations.

Any person, firm or corporation, their agent or employee, who shall offer or expose for sale or sell any commercial fertilizer in the State of Nebraska without complying with the provisions of sections 81-2,158 to 81-2,162, * or who shall ob

struct or interfere with the department in the discharge of its duties, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than twenty-five dollars nor more than one hundred dollars for each offense. [1919]

Revised Statutes 1943, Vol. 4, Ch. 81, Art. 2— "Nebraska Anti-Freeze Law."

Sec. 81-2,186. Definitions.

As used in sections 81-2,186 to 81-2,197 unless the context or subject matter otherwise requires: (1) "Anti-freeze" shall include all substances and preparations intended for use as the cooling medium, or to be added to the cooling liquid in the cooling system of internal combustion engines to prevent freezing of the cooling liquid or to lower its freezing point; and (2) "person" shall include individuals, partnerships, corporations, companies and associations. [1947]

Sec. 81-2,188. When deemed misbranded.

An anti-freeze shall be deemed to be misbranded:

(1) If its labeling is false or misleading in any particular; or (2) if in package form it does not bear a label containing * *

an accurate state

ment of the quantity of the contents in terms of weight or measure on the outside of the package. [1947]

Sec. 81-2,190. Enforcement.

The Department of Agriculture and Inspection shall enforce the provisions of sections 81-2,186 to 81-2.197 [1947]