construed to include all weights, scales, beams, mechanical devices or other instruments. The word "sell," "sale" or "buy" as used in this act shall be construed to include barter and exchange. [1925]

Sec. 69-116. Penalties.

Except where a specific penalty is otherwise provided, any person, firm, copartnership or corporation who shall violate any of the provisions of this act [Secs. 69-102—69–117] shall be deemed guilty of a misdemeanor and upon conviction thereof shall, for a first offense, be fined in any sum not less than ten dollars [$10.00] and not more than one hundred dollars [$100], to which may be added imprisonment for a term of not to exceed three [3] months, and for a second or other subsequent offense shall be punished by a fine of not less than twenty dollars [$20.00] and not more than five hundred dollars [$500], to which may be added imprisonment for a term of not more than six [6] months. [1925] Sec. 69-117. Constitutionality.

If any clause, sentence, paragraph, or part of this act [Secs. 69-102-69-117] shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this act, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment has been rendered. [1925]

Burns Statutes Annotated 1933, Vol. 11, Title 69, Ch. 2-Weights and Measures, Containers for Fruits and Vegetables.

Sec. 69-201. Standard hampers.

The standard hamper for fruits and vegetables shall be the one [1] peck hamper, one-half [1⁄2] bushel hamper, five-eighths [5] bushel hamper, one [1] bushel hamper, and one and one-half [12] bushel hamper, which respectively shall be of the capacity and conform to the specifications set forth in this section.

(a) The standard one [1] peck hamper shall contain five hundred and thirty-seven and six-tenths [537 6/10] cubic inches, and conform to the following specifications: The inside diameter between staves at the upper edge of the top inside hoop shall be ten and three-eighths [103] inches; the inside diameter of the bottom shall be six and onehalf [62] inches; the inside length of the staves, shall be nine and five-eighths [95] inches; the inside hoop shall be one-tenth [1/10] of an inch thick and set with its upper edge even with the upper ends of the staves; each stave shall be not less than one-tenth [1/10] of an inch thick and ten and oneeighth [101] inches long; and the bottom piece shall be one-half [2] of an inch thick.

(b) The standard one-half [2] bushel hamper shall contain one thousand and seventy-five and

twenty-one hundredths [1,075 21/100] cubic inches, and conform to the following specifications: The inside diameter between staves at the upper edge of the top inside hoop shall be thirteen [13] inches; the inside diameter of the bottom shall be eight and one-half [82] inches; the inside length of the staves shall be twelve [12] inches; the inside top hoop shall be one-ninth [1/9] of an inch thick and set with its upper edge even with the upper ends of the staves; each stave shall be not less than one-tenth [1/10] of an inch thick and twelve and five-eighths [125%] inches long; and the bottom piece shall be five-eighths [5] of an inch thick.

(c) The standard five-eighths [5] bushel hamper shall contain one thousand, three hundred fortyfour [1,344] cubic inches and conform to the following specifications: The inside diameter between staves at the upper edge of the top inside hoop shall be fourteen and one-fourth [144] inches; the inside diameter of the bottom shall be nine [9] inches; the inside length of the staves shall be twelve and seven-eighths [127] inches; the inside top hoop shall be one-eighth [1] of an inch thick and set with its upper edge even with the upper ends of the staves; each stave shall be not less than one-ninth [1/9] of an inch thick and thirteen and one-half [132] inches long; and the bottom piece shall be five-eighths [5%] of an inch thick.

(d) The standard one [1] bushel hamper shall contain two thousand one hundred and fifty and forty-two one-hundredths [2,150 42/100] cubic inches, and conform to the following specifications: The inside diameter between staves at the upper edge of the top inside hoop shall be fifteen and one-eighth [151] inches; the inside diameter of the bottom shall be nine inches [9]; the inside length of the staves to the upper edge of the top inside hoop shall be nineteen [19] inches; the inside hoop shall be one-eighth [%] of an inch thick and set with its upper edge three eighths [3%] of an inch below the upper ends of the staves; each stave shall be not less than one-eighth [%] of an inch thick and twenty [20] inches long; and the bottom piece shall be five-eighths [5] of an inch thick.

(e) The standard one and one-half [112] bushel hamper shall contain three thousand two hundred and twenty-five and sixty-three one-hundredths [3,225 63/100] cubic inches, and conform to either of the following specifications:

(1) The inside diameter between staves at the upper edge of the top inside hoop shall be sixteen and one-fourth [164] inches; the inside diameter of the bottom shall be nine [9] inches; the inside length of the staves to the upper edge of the top inside hoop shall be twenty-six [26] inches; the inside top hoop shall be one-eighth [1] of an inch thick and set with its upper edge three-eighths [3%] of an inch below the upper ends of the staves; each stave shall be not less than one-sixth [1/6] of an inch thick and twenty-seven [27] inches long, and

Burns Statutes Annotated 1933, Vol. 11, Title 69, Ch. 2-Weights and Measures, Containers for Fruits and Vegetables-Continued.

the bottom piece shall be five-eighths [5] of an inch thick.

(2) The inside diameter between staves at the upper edge of the top inside hoop shall be sixteen and three-fourths [164] inches; the inside diameter of the bottom shall be ten [10] inches; the inside length of the staves to the upper edge of the top inside hoop shall be twenty-three [23] inches; the inside top hoop shall be one-eighth [1%] of an inch thick and set with its upper edge three-eighths [%] of an inch below the upper ends of the staves, each stave shall be not less than one-eighth [%] of an inch thick and twenty-four [24] inches long; and the bottom piece shall be five-eighths [58] of an inch thick. [1923]

Sec. 69-202. Standard round-stave baskets.

The standard round stave basket for fruits and vegetables shall be the one-fourth [14] bushel basket, one-half [2] bushel basket, five-eighths [58] bushel basket, one [1] bushel basket, one and onehalf [112] bushel basket, and two [2] bushel basket, which, respectively shall be of the capacity and conform to the specifications set forth in this section.

(a) The one-fourth [14] bushel round stave basket shall contain five hundred thirty-seven and six-tenths [537 6/10] cubic inches, and conform to the following specifications: The inside diameter at the upper inner edge of the top inside hoop shall be ten and seven-eighths [10] inches; the average inside depth shall be not less than six and threefourths [634] inches; the web shall consist of twenty [20] intersecting staves of such length that they will form the side and bottom of a basket which shall contain eight [8] quarts standard dry meas

ure.

(b) The one-half [12] bushel round stave basket shall contain one thousand and seventy-five and twenty-one one hundredths [1,075 21/100] cubic inches, and conform to the following specifications: The inside diameter at the upper inner edge of the top inside hoop shall be thirteen and one-half [132] inches; the average inside depth shall be not less than eight and one-half [82] inches; the web shall consist of twenty [20] intersecting staves, each not less than one-eighteenth [118] of an inch thick and of such length that they will form the sides and bottom of a basket which shall contain sixteen [16] quarts, standard dry measure.

(c) The five-eighths [5] bushel round-stave basket shall contain one thousand and three hundred and forty-four [1,344] cubic inches, and conform to the following specifications: The inside diameter at the upper inner edge of the top inside hoop shall be thirteen and one-half [132] inches; the average inside depth shall be not less than ten and onefourth [104] inches; the web shall consist of twenty

[20] intersecting staves, each not less than one-eighteenth [18] of an inch thick and of such length that they will form the sides and bottom of a basket which shall contain twenty [20] quarts, standard dry measure.

(d) The one-bushel round-stave basket shall contain two thousand one hundred and fifty and fortytwo one-hundredths [2,150 42100] cubic inches, and conform to the following specifications: The inside diameter at the upper inner edge of the top inside hoop shall be seventeen [17] inches; the average inside depth shall be not less than ten and threefourths [1034] inches; the web shall consist of twenty [20] intersecting staves, each not less than one-eighteenth [18] of an inch thick and of such length that they will form the sides and bottom of a basket which shall contain thirty-two [32] quarts, standard dry measure.

(e) The one and one-half [12] bushel roundstave basket shall contain three thousand two hundred and twenty-five and sixty-three one-hundredths [3,225 63100] cubic inches and conform to the fol lowing specifications: The inside diameter at the upper inner edge of the top inside hoop shall be nineteen and three-eighths [193%] inches; the average inside depths shall be not less than twelve and three-fourths [1234] inches; the web shall consist of twenty-four [24] intersecting staves, each not less than one-sixteenth [16] of an inch thick and of such length that they will form the sides and bottom of a basket which shall contain forty-eight [48] quarts, standard dry measure.

(f) The two [2] bushel round stave basket shall contain four thousand three hundred and eightyfour one hundredths [4,300 84100] cubic inches and conform to the following specifications: The inside diameter at the upper inner edge of the top hoop shall be twenty-one [21] inches; the average inside depth shall be not less than fourteen [14] inches; the web shall consist of twenty-four [24] intersecting staves, each not less than one-sixteenth [16] of an inch thick and of such length that they will form the sides and bottom of a basket which shall contain sixty-four [64] quarts, standard dry meas ure. [1923]

Sec. 69-203. Standard splint baskets.

The standard splint basket for fruits and vege tables shall be the four [4] quart basket, eight [8] quart basket, twelve [12] quart basket, sixteen [16] quart basket, and twenty-four [24] quart basket, standard dry measure.

(a) The four [4] quart splint basket shall contain two hundred and sixty-eight and eight-tenths [268 10] cubic inches and conform to the specifications in one of the two following numbered subdivisions:

(1) The approximate inside dimensions of the top across the center shall be seven [7] inches by twelve [12] inches. The approximate inside dimensions of the bottom at the corners shall be five and

three-fourths [534] inches by ten and one-half [102] inches. The inside depth at the corners shall be four [4] inches.

(2) The inside dimensions of the square-cornered splint basket at the top shall be six [6] inches by twelve [12] inches. The inside dimensions of the bottom shall be five and one-half [52] inches by eleven and one-half [112] inches. The inside depth at the corners shall be four [4] inches.

(b) The eight [8] quart splint basket shall contain five hundred and thirty-seven and six-tenths [53710] cubic inches and conform to the specifications in one of the three following numbered subdivisions:

(1) The approximate inside dimensions of the top across the center shall be eight [8] inches by fourteen [14] inches. The approximate inside dimensions of the bottom at the corners shall be seven [7] inches by twelve [12] inches. The inside depth at the corners shall be five [5] inches.

(2) The approximate inside dimensions of the top across the center shall be nine and one-half [912] inches by sixteen and one-half [162] inches. The approximate inside dimensions of the bottom at the corners shall be seven and one-half [72] inches by fourteen and one-half [142] inches. The inside depth at the corners shall be four [4] inches.

(3) The inside dimensions of the square-cornered splint basket at the top shall be seven and threeeighths [73] inches by fifteen and one-half [152] inches. The inside dimensions of the bottom shall be seven [7] inches by fourteen and one-half [142] inches. The inside depth at the corners shall be five [5] inches.

(c) The twelve [12] quart splint basket shall contain eight hundred and six and four-tenths [806 4/10] cubic inches and conform to the specifications in one of the three following numbered subdivisions:

(1) The approximate inside dimensions of the top across the center shall be nine and one-half [92] inches by sixteen inches. The approximate inside dimensions of the bottom at the corners shall be eight and one-half [82] inches by fourteen [14] inches. The inside depth at the corners shall be five and one-half [52] inches.

(2) The approximate inside dimensions of the top across the center shall be eleven and one-half [112] inches by seventeen and one-half [172] inches. The approximate inside dimensions of the bottom at the corners shall be eight and one-half [82] inches by fourteen and one-half [142] inches. The inside depth of the basket at the corners shall be five [5] inches.

(3) The inside dimensions of the square-corner[ed] splint basket at the top shall be eight and five-eighths [85%] inches by seventeen and one-half [172] inches. The inside dimensions of the bottom shall be eight [8] inches by sixteen and threeeighths [16] inches. The inside depth at the

corners shall be five and three-fourths [534] inches. (d) The sixteen [16] quart splint basket shall contain one thousand and seventy-five and twentyone one hundredths [1,075 21/100] cubic inches, and conform to the specifications in one of the three following numbered subdivisions:

(1) The approximate inside dimensions of the top across the center shall be ten and one-half [102] inches by eighteen and one-half [1812] inches. The approximate inside dimensions of the bottom at the corners shall be eight and one-half [82] inches by sixteen [16] inches. The inside depth at the corners shall be six and one-half [62]

inches.

(2) The approximate inside dimensions of the top across the center shall be eleven and one-half [112] inches by nineteen and one-half [192] inches. The approximate inside dimensions of the bottom at the corners shall be eight and one-half [82] inches by sixteen and one-half [162] inches. The inside depth at the corners shall be six [6] inches.

(3) The inside dimensions of the square-cornered splint basket at the top shall be nine [9] inches by nineteen [19] inches. The inside dimensions of the bottom shall be eight and one-half [82] by eighteen [18] inches. The inside depth at the corners shall be six and five-eighths [65] inches.

(e) The twenty-four [24] quart splint basket shall contain one thousand six hundred and twelve and eight-tenths [1,612 10] cubic inches, and conform to the specifications in one of the three following numbered subdivisions:

(1) The approximate inside dimensions of the top across the center shall be twelve [12] inches by twenty [20] inches. The approximate inside dimensions of the bottom at the corners shall be ten [10] inches by seventeen and one-half [172] inches. The inside depth of the basket at the corners shall be seven and one-half [72] inches.

(2) The approximate inside dimensions of the top across the center shall be twelve [12] inches by twenty-three [23] inches. The approximate inside dimensions of the bottom at the corners shall be nine [9] inches by nineteen [19] inches. The inside depth of the basket at the corners shall be seven [7] inches.

(3) The inside dimensions of the square-cornered splint basket at the top shall be ten and fiveeighths [105%] inches by twenty-two and one-fourth [221] inches. The inside dimensions of the bottom shall be nine and five-eighths [95%] inches by twenty and one-half [2012] inches. The inside depth of the basket at the corners shall be seven and one-half [72] inches. [1923]

Sec. 69-204. Standard climax baskets.

Standards for climax baskets for grapes and other fruits and vegetables shall be the two [2] quart

Burns Statutes Annotated 1933, Vol. 11, Title 69, Ch. 2-Weights and Measures, Containers for Fruits and Vegetables—Continued.

basket, four [4] quart basket and twelve [12] quart basket respectively:

(a) The standard two [2] quart climax basket shall be of the following dimensions: Length of bottom piece, nine and one-half [92] inches; width of bottom piece, three and one-half [32] inches; thickness of bottom piece, three-eighths [3%] of an inch; height of basket, three and seven-eighths [3%] inches, outside measurement; top of basket, length eleven [11] inches and width five [5] inches outside measurement. Basket to have a cover of five [5] by eleven [11] inches, when a cover is used.

(b) The standard four [4] quart climax basket shall be of the following dimensions: Length of bottom piece, twelve [12] inches; width of bottom piece, four and one-half [412] inches; thickness of bottom piece, three-eighths [3%] of an inch; height of basket, four and eleven-sixteenths [411/16] inches outside measurement; top of basket, length fourteen [14] inches, width six and one-fourth [614] inches, outside measurement. Basket to have cover six and one-fourth [614] inches by fourteen [14] inches, when cover is used.

(c) The standard twelve [12] quart climax basket shall be of the following dimensions: Length of bottom piece, sixteen [16] inches; width of bottom piece, six and one-half [62] inches; thickness of bottom piece, seven-sixteenths [16] of an inch; height of basket, seven and one-sixteenth [716] inches, outside measurement; top of basket, length nineteen [19] inches, width nine [9] inches, outside measurement. Basket to have cover nine [9] inches by nineteen [19] inches, when cover is used. [1923]

Sec. 69-205. Standard containers for small fruits.

Standard basket or other container for berries and other small fruits and vegetables shall be of the following capacities: namely, dry one-half [2] pint, dry pint, dry quart, or multiples of the dry quart.

(a) The dry half pint shall contain sixteen and eight-tenths [1610] cubic inches.

(b) The dry pint shall contain thirty-three and six-tenths [3310] cubic inches.

(c) The dry quart shall contain sixty-seven and two-tenths [6710] cubic inches.

Provided that the provisions of this section shall not be construed to permit the manufacture, sale or use of hampers, round stave baskets, climax baskets or splint baskets in any other multiples of a quart than those enumerated in sections one, two, three, and four [Secs. 69-201-69-204] hereof. [1933]

Sec. 69-206. Tolerances and regulations.

The state food and drug commissioner1 shall, in his regulations 2 under this act [Secs. 69-201

69-215] prescribe such tolerances as he may find necessary to allow in the capacities and specifications for hampers, round stave baskets, splint baskets, climax baskets and baskets or other containers for berries and other small fruits and vegetables, and parts thereof, set forth in sections one, two, Three, four and five [Secs. 69-201-69-205] of this act, in order to provide for reasonable variations occurring in the course of manufacture and handling, and shall also prescribe such tolerances as he may find necessary to allow for the purposes of section eight [Sec. 69-208] of this act in the quantities of fruits or vegetables in hampers, round stave baskets, splint baskets, climax baskets and baskets and other containers for berries and other small fruits and vegetables, in order to provide for the natural shrinkage of such contents after packing. If a cover be used upon any hamper or basket or other container mentioned in this act, it shall be securely fastened or attached in such a manner, subject to the regulations of the state food and drug commissioner, as not to reduce the capacity of such hamper, basket or other container below that prescribed therefor. The provisions in sections one, two, three, four and five [Secs. 69-201-69-205] of this act, covering specifications and dimensions, shall apply only to hampers and baskets made of wood or of which wood is the principal material; but hampers and baskets which are not made of wood, or of which wood is not the principal material, shall not depart from the respective capacities therein prescribed.

All regulations and tolerances established by the state food and drug commissioner shall be in conformity with those, from time to time, promulgated by the United States Department of Agriculture. [1923]

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69-103, page 303.

2 See Secs. 60-1501-60-1506, page 326; method of promulgation of rules and regulations of departments, boards and commissions.

Sec. 69–207. Specifications may be changed by regulations.

In order to provide for the more economical use of space in packing or transportation, or for the greater conservation of material or labor in manufacture, or handling (or) of the contents in course of shipment, of hampers, round stave baskets, splint baskets and climax baskets for fruits or vegetables, or parts thereof, the state food and drug commissioner1, whenever he finds it necessary, may in his regulations, prescribe specifications with respect to the material used, or the dimensions thereof, for such hampers, round stave baskets, splint baskets, climax baskets or baskets or other containers for berries or other small fruits and vegetables, or parts thereof, in addition to, differing from, or superseding those set forth in sections one, two, three, four and five [Secs. 69-201-69-205] of this act [Secs. 69-201-69-215], but not departing from the respective capacities therein prescribed. Such speci

fications shall not supersede any specifications set forth in this act until a period of at least six [6] months shall have elapsed after public notice shall have been given following an opportunity afforded the interested public for a hearing. [1923]

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69-103, page 303.

Sec. 69-208. Penalty for violations of act; guaranty protection.

It shall be unlawful to manufacture for sale or shipment, sell, offer for sale, ship, offer for shipment, in the state of Indiana, hampers, round stave baskets, climax baskets, splint baskets for fruits or vegetables, or baskets or other containers for berries or other small fruits and vegetables, either filled or unfilled, or parts of such hampers, round stave baskets, splint baskets, climax baskets or baskets or other containers for berries or other small fruits and vegetables that do not comply with this act [Secs. 69-201-69-215], and it shall be unlawful to sell, offer for sale, ship, or offer for shipment, fruits or vegetables, not sold or offered for sale by standard net weight or by numerical count, in hampers, round stave baskets, splint baskets, climax baskets or baskets or other containers for berries or other small fruits and vegetables that, at the time of such sale or offer for sale, shipment or offer for shipment, are not filled to the full capacity thereof, stricken measure, subject to such tolerances as may be prescribed in the regulations under this act. Any individual, partnership, association or corporation that wilfully violates this section shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars [$100] or imprisonment not exceeding sixty [60] days, or both: Provided, That no person shall be prosecuted under the provisions of this act when he can establish a guaranty signed by the manufacturer, wholesaler, shipper, or other party residing within this state from whom hampers, round stave baskets, climax baskets, splint baskets or other baskets or containers, as defined in this act, were purchased, to the effect that said hampers, round stave baskets, climax baskets, splint baskets or other baskets or containers are correct within the meaning of this act. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of hampers, round stave baskets, climax baskets, splint baskets or other baskets or containers to such person, and, in such case, such party or parties making such sale shall be amenable to prosecution, fines, and other penalties which would attach in due course to any person under the provisions of this act. [1923] Sec. 69–209. Seizure and confiscation.

Any hamper, round stave basket, climax basket or splint basket for fruits or vegetables, or other basket or container for berries or other small fruits

and vegetables, whether filled or unfilled, or parts of such hampers, round stave baskets, climax baskets, splint baskets, or other basket or container for berries or other small fruits and vegetables, not complying with this act [Secs. 69-201-69-215], which shall be manufactured for sale or shipment, offered for sale, sold or shipped, may be proceeded against in any court of competent jurisdiction of this state and within the county where the same shall be found and may be seized for confiscation by a process of libel for condemnation. Upon request, the person entitled shall be permitted to retain or take possession of the contents of such hampers, baskets or containers, but, in the absence of such request, or when the perishable nature of such contents makes such action immediately necessary, the same shall be disposed of by destruction or sale as the court or a judge thereof may direct. If such hampers, round stave baskets, splint baskets, climax baskets, or other basket or container for berries or other small fruits and vegetables, or parts thereof, be found, in such proceeding, to be contrary to this act, the same shall be disposed of by destruction, except that the court may, by order, direct that such hampers, baskets or containers, or parts be returned to the owner thereof or sold, upon the payment of the costs of such proceeding and the execution and delivery of a good and sufficient bond, to the effect that such hampers, baskets or containers, or parts thereof, shall not be sold or otherwise disposed of or used contrary to law. The proceeds of any sale under this section, less legal costs and charges, shall be paid over to the person entitled thereto. [1923]

Sec. 69-210. Shipment to other states.

This act shall not prohibit the manufacture for sale or shipment, offer for sale, or shipment, of hampers, round stave baskets, splint baskets, climax baskets, or baskets or containers for berries or other small fruits and vegetables, or parts thereof, to any other state or foreign country in accordance with the specifications of a consignee or customer not contrary to the law of such state or foreign country; nor shall this act [Secs. 69-201-69-215] prevent the manufacture or use of banana hampers of the shape and character now in commercial use as shipping containers for bananas. [1923]

Sec. 69-211. Prosecutions.

It shall be the duty of each prosecuting attorney to whom satisfactory evidence of any violation of this act [Secs. 69-201-69-215] is presented to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the state of Indiana, in his circuit, for the enforcement of the provisions of this act. [1923]

Sec. 69-212. Enforcement; right of entry.

It shall be the duty of the state food and drug commissioner1 to enforce all the provisions of this