Deering's Business Professions Code, Div. V, Ch. 8— Terminal Weighing-Continued. sion, shall be entitled to reasonable compensation for their services, in addition to their compensation for their services performed during usual working days and usual working hours. The compensation shall be fixed by the director and paid by the party requesting such unusual service and shall be in addition to the regular fees for weighing. [1939] Sec. 12813. Suitable scales to be provided. All warehouse, dock, mill and elevator operators shall provide suitable and satisfactory scales for the purpose of weighing agricultural products under the provisions of this chapter [Secs. 12801-12816]. [1989] Sec. 12814. Reweighings; fees; tolerances. Any interested party may call for reweighing of any specific lot. The regular weighing fees shall be paid by the party requesting such services, unless the variation from the original weight shall be greater than a reasonable tolerance. The director shall establish such tolerance. [1939] Sec. 12815. Collections, how credited. All money collected under the provisions of this chapter [Secs. 12801-12816] shall be paid into the State treasury and placed to the credit of the Department of Agriculture fund. [1939] Sec. 12816. Violations as misdemeanors. Violation of any provisions of this chapter [Secs. 12801-12816] is a misdemeanor. [1939] Deering's Business and Professions Code, Div. V, Every person who purchases fruit, peas, or wool in burlap bags owned by the seller and deducts a tare on account of such bag, shall pay to the seller thereof at the time of delivery the salvage value of such bag after using. This section shall not apply to farm products sold on the basis of gross weight if a specific agreement is made to that effect. [1939] Sec. 12901. When tare deduction unlawful. It is unlawful when purchasing grain in its original condition and in burlap bags to deduct a tare on account of the container. The purchaser shall pay a like price for the grain and container based upon the total weight of both. The word "grain” includes wheat, barley, corn, oats, rye, rice, flax and grain sorghums. [1939] Sec. 12902. Construction of chapter. The provisions of this chapter [Secs. 1290012910] supersede all of the other provisions of this division [Secs. 12001-13001] and of any other act, as they may relate or apply to the sale of grain in burlap bags. [1939] Sec. 12903. Violation a misdemeanor. The violation of any of the provisions of this chapter [Secs. 12900-12910] is a misdemeanor. [1939] Deering's Business and Professions Code, Div. V, Ch. 9, Art. 2-Tare on Baled Hops. Sec. 12910. Allowable weight. There shall be allowed on baled hops a tare at the rate of 2 per cent of the weight of the bale for the cloth or other material used in baling. [1939] Deering's Business and Professions Code, Div. V, Ch. 9, Art. 3—Baling Hay. [ED. NOTE.-Sections 12915 to 12921, inclusive, herein, were added to Division V, Business and Professions Code, by Ch. 131, Stats. 1943, p. 880, and represent codification of the Hay Baling Act, 1919, heretofore found in the General Laws.] Sec. 12915. "Baler" and "presser” defined. As used in this article [Secs. 12915–12921], the term "baler" or "presser" refers to a person owning or having possession of or operating a hay press. [1943] Sec. 12916. Scales to be tested and sealed. Any person baling hay for compensation shall employ scales that have been tested and sealed by a sealer. [1943] Sec. 12917. Net weight. Any record of weight forming the basis in settlement for baling hay shall be the true net weight of the baled hay. Any record of weight forming the basis of settlement in the sale or purchase of baled hay shall be the true net weight of the baled hay. [1943] Sec. 12918. Falsely increasing weight. No baler or presser of hay shall put or conceal in any bale of hay anything whatever for the purpose of increasing the weight of the bale with intent to defraud. [1943] Sec. 12919. Standard weight. Hay shall be sold by avoirdupois weight and a ton shall consist of 2,000 pounds net weight. Hay may be sold by the bale in which case the net weight of bale shall be indicated on a tag securely fastened to the bale. [1943] Sec. 12920. Broken bales. When any hay is shipped by a common carrier in bales and the bales become broken, the approximate weight of the broken bales shall be included in the total weight of the hay shipped. [1943] Sec. 12921. Penalty for violations. Any person violating any of the provisions of this article [Secs. 12915-12921] is guilty of a misdemeanor and shall be punished by a fine of not less than fifty dollars ($50) or more than one hundred dollars ($100). [1943] Deering's Business and Professions Code, Div. V, Ch. 9, Art. 4-Wool Products. [ED. NOTE. This section, based on Stats. 1937, Ch. 465, Sec. 1, was added to Division V, Business and Professions Code, by Ch. 130, Stats. 1943.] Sec. 12925. Deduction for tags, fribs, crutchings or other offwools; violation a misdemeanor. No person purchasing wool from a producer shall make a specific deduction for tags, fribs, crutchings or other off-wools, either on a basis of the percentage of the weight or percentage of the value of the wool. Any provision in a contract to purchase wool from a producer, providing for such a deduction is invalid. Violation of this section is a misdemeanor. [1943] Deering's Business and Professions Code, Div. V, Ch. 10-Flour and Meal Containers. Sec. 13000. Standard weights; exceptions. It shall be unlawful for any person, partnership, corporation, company, cooperative society, or organization to pack for sale, sell, offer or expose for sale any of the following commodities except in containers of net avoirdupois weights of five (5), ten (10), twenty-five (25), fifty (50), and one hundred (100) pounds, and multiples of one hundred (100) pounds: Wheat flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, corn meals, hominy and hominy grits. The provisions of this chapter [Secs. 1300013001] shall not apply to (a) the retailing of flours, meals, hominy and hominy grits direct to the consumer from bulk stock, or (b) the sale of flours and meals to commercial bakers or blenders in containers of more than one hundred (100) pounds, or for export, or (c) flours, meals, hominy, and hominy grits packed in containers the net contents of which are less than four (4) pounds, or (d) the exchange of wheat for flour by mills grinding for toll. [1945] Sec. 13001. Penalty for violations. The violation of this chapter [Secs. 13000-13001] is a misdemeanor punishable by a fine of not less than twenty-five dollars ($25) nor more than five hundred dollars ($500) for each offense. [1945] Deering's Fish and Game Code, Div. IV, Part 2, Ch. 5, Art. 5-Weight Receipt for Fish.1 Sec. 1091. Duty to make receipt; form; matters to be shown. Every person engaged in the business of buying, canning, curing or preserving fish, or manufactur ing fish meal, fish oil or fish fertilizer, or dealing in fish, mollusks or crustaceans, shall make a legible record in the form of a receipt in triplicate on forms to be furnished by the commission [fish and game commission]. The receipt must show the weight of each species of fish, mollusks or crustaceans received, the name of the fisherman, the Division of Fish and Game registration number of the boat or the name of the dealer from whom the fish, mollusks or crustaceans were received, the name of the person receiving same, date received, and the price paid to the fisherman. [1933] 1 See Sec. 12700.5, B & P Code, page 118. Deering's Business and Professions Code, Div. VII, All itinerant merchants and their agents and employees shall carry on each motor vehicle used by them a manifest on a form prescribed by the commission [Railroad Commission of the State of California] showing a description of the goods in the vehicle, the place where and the person from whom the goods were purchased. If the goods are purchased by weight, the weight and the name and address of the person weighing the goods shall be shown on the manifest. [1941] Deering's Business and Professions Code, Div. VIII, Ch. 5-Standard Bread Loaf. [ED. NOTE.-Sections 19800-19808, inclusive, herein (based on Stats. 1921, Ch. 704, as amended by Stats. 1939, Ch. 636, now repealed), were added to Division VIII, Business and Professions Code, by Stats. 1947, Ch. 411, Sec. 1.] Sec. 19800. Loaves to weigh within limits set out. All loaves of bread, sliced or unsliced, made or procured for the purpose of sale, sold, offered or exposed for sale in the State of California shall weigh, until 24 hours after baking, within the limits hereinafter set out, for standard loaves and standard large loaves, as herein defined. [1947] Sec. 19801. Weight of standard loaf. "Standard loaf" shall weigh not less than 15 ounces, and not more than 17 ounces avoirdupois. [1947] Sec. 19802. Weight of standard large loaf. "Standard large loaf" shall weigh not less than 221/2 ounces and not over 2511⁄2 ounces avoirdupois. [1947] Sec. 19803. Weight of twin or multiple loaves. Bread commonly known as "twin loaves" or multiple loaves may be made or procured for the purpose of sale, sold, offered or exposed for sale, providing each unit of such twin or multiple loaf conforms to the standard weights as herein defined for standard loaf and standard large loaf or any multiple of either of such weights. [New, 1947.] Deering's Business and Professions Code, Div. VIII, Whenever any bread is sold in any wrappings there shall appear on the body of the wrappings in letters so as to be clear and legible to the buyer or prospective buyer, in a color contrasting with the background, the words "standard loaf" or "standard large loaf" as the case may be, and such label shall also comply in all respects with the provisions of Chapter 6 of Division 5 of the Business and Professions Code of the State of California.1 [New, 1947.] 1 See pages 116–118. Sec. 19805. Exceptions. The provisions of this chapter [Secs. 1980019809] shall not apply to crackers, pretzels, biscuits, buns, scones, rolls or loaves of fancy bread weighing less than one-fourth of a pound avoirdupois or to what is commonly known as "stale bread," sold as such, provided the seller shall, at the time of sale, expressly state to the buyer that the bread so sold is stale bread. [1947] Sec. 19806. Unlawful acts; misdemeanor; inspection. Any person, firm or corporation who shall make or procure for the purpose of sale, sell, offer or expose for sale within the State of California any bread in loaves otherwise than herein provided for or in conflict with the standard weights of bread when baked as herein fixed, shall be guilty of a misdemeanor. All inspection of the weight of bread shall be made on the premises of the maker or manufacturer or on the premises of the retail store from which the bread is sold, or offered for sale or exposed for sale by averaging the weight of not less than ten loaves of bread of any one unit of a specific brand name and such average weight per loaf shall not be less than the minimum or more than the maximum weight herein fixed for the respective loaf for such unit; provided, however, that in the event 10 loaves of bread of any one unit of a specific brand name shall not be available at the time of inspection, the average of weight shall be made upon the basis of such loaves of bread of any one unit of the brand name as may be available. [1947; last amended 1949.] Sec. 19807. Enforcement. The enforcement of the provisions of this chapter [Secs. 19800-19809] shall be under the supervision of the Chief of the State Bureau of Weights and Measures. [1947] Sec. 19808. Violations a misdemeanor. Any person who violates any provision of this chapter [Secs. 19800-19809] shall be guilty of a misdemeanor.1 [1947] 1 See Sec. 19, page 149; punishment for misdemeanor. Deering's Business and Professions Code, Div. VIII, Ch. 7-"California Gasoline and Oil Substitution Act" and "California Crude Oil and Gasoline Importation Act." Secs. 20700-20982. [ED. NOTE.-The "California Gasoline and Oil Substitution Act," although under the direct enforcement of the Division of Weights and Measures of the Department of Agriculture, has been omitted from this publication because it contains no provisions falling specifically within the "weights and measures" category, to which this publication is limited. The act is noted here, however, because it does deal with commodities measured by devices which are regularly supervised by weights and measures officials and because the act makes reference from time to time to such devices. The title of the act is as follows: "An act to prevent fraud or misrepresentation in the distribution and sale of gasoline or other motor fuel, distillate, kerosene and lubricating oil; regulating the distribution and sale of such products and the use of brands and trademarks in connection therewith; providing for the licensing of persons, firms, associations or corporations, installing and using motor vehicle fuel pumps; regulating signs, placards, posters, streamers, cards and other advertising media advertising gasoline or other motor vehicle fuel or the price thereof; defining the powers and duties in relation thereto of the Division of Weights and Measures of the Department of Agriculture, and persons authorized by it, sealers of weights and measures, and their deputies and other officers; defining ‘gasoline' and prescribing specifications for products sold or offered for sale as 'gasoline;' prescribing penalties for the violation of provisions hereof; and repealing acts and parts of acts inconsistent herewith." The act itself, along with the "California Crude Oil and Gasoline Importation Act," has been codified as Secs. 20700-20982 by Ch. 86, Stats. 1941, with amendments and additions by Ch. 554, Stats. 1941; Chs. 296, 573, and 574, Stats. 1947; Chs. 760, 1385, and 1386, Stats. 1949.] Deering's Business and Professions Code, Div. VIII, Ch. 10-Antifreeze. Sec. 21700. Definitions: Antifreeze. "Antifreeze," as used in this chapter [Secs. 2170021722], means any substance or preparation 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. [1949] Sec. 21701. Same: Department. "Department," as used in this chapter [Secs. 21700-21722], means the Department of Agriculture, acting through the Division of Weights and Measures. [1949] Sec. 21704. Same: Labeling. "Labeling," as used in this chapter [Secs. 2170021722], includes all written, printed, or graphic representations, in any form whatsoever, imprinted upon or affixed to any container of antifreeze or accompanying any antifreeze. [1949] Sec. 21712. When deemed misbranded. An antifreeze is misbranded: (1) If its labeling is false or misleading in any particular; or (2) if Any person or persons, firm or corporation who offers for sale roll-butter not of full weight to each roll, shall be guilty of a misdemeanor. [1893] Deering's Health and Safety Code, Div. XXI, Ch. 2— "Pure Drugs Act." [ED. NOTE.-Stats. 1939, Ch. 730, Sec. 1, which provided for the addition of Secs. 26200-26385, inclusive, to the Health and Safety Code, also provided for the repeal of all former statutes relating to the subjects covered therein, the repealed statutes dating from 1852-1937.] Sec. 26200. "Drug" defined. "Drug" means (1) articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; (2) articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; (3) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and (4) articles intended for use as a component of any article specified in clause (1), (2), or (3). [1939] Sec. 26201. Articles not regarded as drugs. "Drug" does not include devices or their components, parts, or accessories. [1939] Sec. 26202. "Device" defined. "Device" means instruments, apparatus, and contrivances, including their components, parts and accessories, intended (1) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease 888243-51-9 in man or other animals; or (2) to affect the structure or any function of the body of man or other animals. [1939] Sec. 26204. "Label" defined. "Label" means a display of written, printed or graphic matter upon the immediate container of any article. [1939] Sec. 26205. When labeling requirements are considered complied with. A requirement made by or under authority of this chapter [Secs. 26200-26385] that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article, or is easily legible through the outside container or wrapper. [1939] Sec. 26207. "Labeling" defined. "Labeling" means all labels and other written, printed or graphic matter (1) upon an article or any of its containers or wrappers, or (2) accompanying such article. [1939] Sec. 26213. Scope of provisions regulating sales. The provisions of this chapter [Secs. 2620026385] regarding the selling of drugs and devices, shall be considered to include the manufacture, production, processing, packing, exhibition, offering, possessing, and holding of any such article for sale; the sale, dispensing, and giving of any such article; and the supplying or applying of any such articles in the conduct of any establishment. [1939] Sec. 26214. "Package” defined. "Package" includes any phial, bottle, jar, demijohn, carton, bag, case, can, box or barrel or any receptacle, vessel or container of whatsoever material or nature which may be used by a manufacturer, producer, jobber, packer or dealer, for inclosing or containing any drug. [1939] Sec. 26215. "Federal act" defined. "Federal act" means the Federal Food, Drug, and Cosmetic Act. [1939] Sec. 26240. "Misbranded" defined. The term "misbranded" shall apply to all drugs or devices, the package or label of which bears any statement, design, or emblem regarding such article or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any drug or device which is falsely branded or labeled as to the county, city and county, city, town, State, Territory, District of Columbia, or foreign country in which it is manufactured or produced. [1939] Deering's Health and Safety Code, Div. XXI, Ch. 2— "Pure Drugs Act"-Continued. Sec. 26241. Marking requirements; tolerances and exemptions. A drug or device shall be deemed to be misbranded if in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure or numerical count. Under clause (2) of this section reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the board. [1939] Sec. 26242. Misbranded if not prominently labeled. A drug or device shall be deemed to be misbranded if any word, statement, or other information required by or under authority of this chapter [Secs. 26200-26385] to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or emblems, in the labeling) and in such terms as to render it likely, to be read and understood by the ordinary individual under customary conditions of purchase and use. [1939] Sec. 26249. Misleading containers. A drug shall be deemed to be misbranded (1) if its container is so made, formed, or filled as to be misleading; [1939] Sec. 26252. Exemptions from labeling requirements. A drug sold on a written prescription signed by a member of the medical, dental or veterinary profession (except a drug sold in the course of the conduct of a business selling drugs pursuant to diagnosis by mail) shall be exempt from the requirements of this article [Secs. 26240-26254] if: (1) Such member of the medical, dental or veterinary profession is licensed by law to administer such drug; and (2) Such drug bears a label containing the name and place of business of the seller, the serial number and date of such prescription, and the name of such member of the medical, dental or veterinary profession. [1939] Sec. 26280. Manufacture, importation, sale, etc. when misbranded prohibited. The manufacture, production, preparation, compounding, packing, selling, offering for sale, advertising or keeping for sale within the State of California, or the introduction into this State from any other State, Territory, or the District of Columbia, or from any foreign country, of any drug or device which is adulterated or misbranded is prohibited. [1939; last amended 1943.] Sec. 26281. Penalty for manufacture, importation, sale, etc. when misbranded. Any person who imports or receives from any other State or Territory or the District of Columbia or from any foreign country, or who having so received delivers for pay or otherwise or offers to deliver to any person, any drug or device which is adulterated or misbranded, or any person who manufactures, produces, prepares, compounds, packs, sells, offers for sale, or keeps for sale, in the State of California any such adulterated or misbranded drug or device shall be guilty of a misdemeanor punishable as provided in section 26295. [1939; last amended 1943.] Sec. 26282. Exemption of goods intended for export. No article shall be deemed misbranded or adulterated within the provisions of this chapter [Secs. 26200-26385] when intended for export to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which the article is intended to be shipped. If the article is in fact sold or offered for sale for domestic use or consumption, then this section shall not exempt the article from the operation of any of the other provisions of this chapter. [1939; last amended 1943.] Sec. 26283. Alteration of labeling. The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to, a drug or device is unlawful if such act results in such article being misbranded. [1939] Sec. 26285. Misbranding prohibited. The adulteration or misbranding of any drug or device is prohibited. [1939] Sec. 26293. Possession, etc. prima facie evidence of violation. The possession, sale, or offering for sale of any adulterated, mislabeled or misbranded drugs or devices by any manufacturer, producer, jobber, packer or dealer in drugs or devices, or broker, commission merchant, agent, employee or servant of any such manufacturer, producer, jobber, packer, or dealer shall be prima facie evidence of the violation of this chapter [Secs. 26200-26385.] [1939] Sec. 26295. Penalty for violations. Any person who violates any of the provisions of this chapter [Secs. 26200-26385] is guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty-five dollars or more than five hundred dollars, or by imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment. |