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Compiled Laws Annotated, Vol. 6, Title 99, Ch. 22, Art. 2-"Oregon Food Act"-Continued.

6. The refusal to permit entry or inspection,

7. The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person from whom he received in good faith the food.

8. The removal or disposal of a detained or embargoed article in violation of section 99–2223. [1941]

Sec. 99-2221. Injunction against violations.

In addition to the remedies hereinafter provided the department or its authorized agents hereby is authorized to apply to the circuit court for, and such court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating any provision of section 99-2220, irrespective of whether or not there exists an adequate remedy at law. [1941]

Sec. 99-2223. Disposal of misbranded article.

1. Whenever a duly authorized representative of the department finds, or has probable cause to believe, that any food is * misbranded

as to be fraudulent, within the meaning of this act [Secs. 99-2219-99-2236], he shall proceed in the manner directed by law for the disposal of products seized by the department of agriculture. [1941; last amended 1945.]

1 See Secs. 36-1501 and 36–1502, page 833.

Sec. 99-2225. Notice or warning of minor violations.

Nothing in this act [Secs. 99-2219-99-2236] shall be construed as requiring the department to report for the institution of proceedings under this act, minor violations of this act, whenever the department believes that the public interest will be served adequately in the circumstances by a suitable written notice or warning. [1941]

Sec. 99-2228. When food deemed misbranded.

A food shall be deemed to be misbranded: 1. If its labeling is false or misleading in any particular.

4. If its container is so made, formed or filled as to be misleading.

5. If in package form, unless it bears a label containing (a) the name and place of business of the manufacturer, packer or distributor; (b) an accurate statement of the quantity of the contents in

terms of weight, measure or numerical count; provided, that under clause (b) of this paragraph reasonable variations shall be permitted, and exemp tions as to small packages shall be established, by regulations prescribed by the department.

6. If any word, statement or other information required by or under authority of this act to appear on the label or labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or devices, 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. [1941]

Sec. 99-2231. Food in transit; exemption from labeling requirements.

Food which is, in accordance with the practice of the trade to be processed, labeled or repacked at an establishment other than the establishment where it was originally processed or packed, is exempted from the labeling requirements of this act [Secs. 99-2219-99-2236] while it is in transit from the one establishment to the other, if such transit is made in good faith; but such food is otherwise subject to all of the applicable provisions of this act. [1941]

Sec. 99-2232. Advertisement: When deemed false.

An advertisement of a food shall be deemed to be false if it is false or misleading in any particular. [1941]

Sec. 99-2233. Rules and regulations; conformity with federal regulations.

1. The authority to promulgate regulations for the efficient enforcement of this act [Secs. 992219-99-2236] hereby is vested in the depart

ment.

The department hereby is authorized to make the regulations promulgated under this act conform, in so far as practicable, with those promulgated under the federal act and shall not be inconsistent with definitions and standards promulgated by such authority. [1941]

Sec. 99-2236. Penalties for violations; jurisdiction of courts.

Any person who violates any of the provisions of this act [Secs. 99-2219-99-2236] shall be guilty of a misdemeanor and shall, upon conviction thereof, be subject to imprisonment for not more than six months in the county jail, or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment; but if the violation is committed after a former conviction of such person has become final, such person shall become subject to imprisonment of not more than one year in the county jail, or by a fine of not more

than one thousand dollars ($1,000), or by both such imprisonment and fine. Justice courts and district courts shall have concurrent jurisdiction with the circuit courts of the state of Oregon for the enforcing of the provisions of this act. [1941]

Compiled Laws Annotated, Vol. 8, Title 112, Ch. 4, Art. 1-Public Utilities.

Sec. 112-422. Rules and regulations: Meters and appliances; testing.

The commission [commissioner] shall prescribe reasonable regulations for examination and testing of such product [gas, electricity, water, etc.] or service and for the measurement thereof. It shall establish reasonable rules, regulations, specifications and standards to secure the accuracy of all meters and appliances for the measurements, and every public utility is required to carry into effect all orders issued by the commission [commissioner] relative thereto. [1911]

Sec. 112-423. Testing and inspection of appliances; fees.

The commission [commissioner] 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, and may provide by rule that no such appliance shall be installed and used for the measuring of any product or service of any public utility until the same has been examined and tested by the commission [commissioner] and found to be accurate. The commis

sion [commissioner] shall declare and establish a reasonable fee governing the cost of such examination and test, which shall be paid to the commission [commissioner] by the public utility.

The commission [commissioner] shall declare and establish reasonable fees for the testing of such appliances on the application of the consumer or user, the fee to be paid by the consumer or user at the time of his request, but to be repaid to the consumer or user by the commission [commissioner] and to be paid by the public utility if the appliance be found defective or incorrect to the disadvantage of the consumer or used beyond such reasonable limit as may be prescribed by the commission. All fees collected under the provisions of this section shall be paid by the commission [commissioner] into the state treasury.

The commission [commissioner] may purchase such materials, apparatus and standard measuring instruments for such examination and tests as it may deem necessary. [1911]

Sec. 112-424. Right of entry for inspection.

The commission [commissioner], its agents, experts, examiners or inspectors shall have power to enter upon any premises occupied by any public utility for the purpose of making any inspection, examination or test provided in this act [Secs.

112-401-112-476] and to set up and use on such premises any apparatus and appliances and occupy reasonable space therefor. [1911]

Compiled Laws Annotated, Vol. 8, Title 113, Ch. 4— Railroad Track Scales.

Sec. 113-409. Under jurisdiction of public utilities commissioner; testing; sealing; use of in adjoining states; fees.

All track scales used by railroads within this state for the purpose of weighing cars or freight offered for shipment in carload lots shall be under the jurisdiction of the public utilities commissioner of Oregon, and subject to his inspection. It shall be the duty of said commissioner from time to time to test and inspect all such scales, and to cause such scales to be put in an accurate condition. Said commissioner shall approve a suitable sealing device, and cause all track scales inspected under the provisions hereof to be officially sealed with such device, when such scales are found or made to be accurate. Such car, apparatus or facilities used for tests and inspections may be used in adjoining states to test track scales and for that purpose may be taken beyond the limits of the state under rules and regulations for the due care and return thereof as the commissioner may prescribe. The commissioner hereby is authorized to ascertain, declare and collect the reasonable cost and expenses of making inspections and tests of track scales, other than those operated by railroads as defined by section 113-102 and subject to his jurisdiction, and such corporations or persons operating such scale other than said railroads shall pay the cost and expense of any inspection to the commissioner upon demand, which sum shall be paid by the commissioner into the state treasury and shall be placed by the state treasurer to the credit of the "public utility commissioner fund.” When, in the judgment of the commissioner, action is deemed necessary to collect any unpaid costs and expenses upon the neglect or refusal, after demand, of any person, firm, association or corporation to pay such costs and expenses, the commissioner shall bring such action or take such proceedings as may be necessary in the name of the state of Oregon in any court of competent jurisdiction and be entitled to recover all such costs and expenses and the costs and disbursements incurred therein. The necessary salaries, costs and expenses of whatsoever nature incurred by the commissioner in the administration of this act shall be paid by the state treasurer from the "public utilities commissioner fund" upon the presentation of claims therefor approved by the commissioner. All unexpended balances remaining in the state treasury placed to the credit of the "track scales inspection. fund" hereby are transferred to and made a part of the "public utilities commissioner fund." [1911; last amended 1943.]

Compiled Laws Annotated, Vol. 8, Title 113, Ch. 4Railroad Track Scales-Continued.

Sec. 113-410. Tampering with; penalty.

Any person who shall break or tamper with or cause to be changed, broken or tampered with, the sealing device or sealing thereof after the same has been installed or inspected by any commissioner [the commissioner] or inspector of the railroad commission [public utilities commissioner] of Oregon shall be deemed guilty of a misdemeanor. [1911]

Sec. 113-411. Equipment for testing; free transportation; inspectors.

The railroad commission [public utilities commissioner] of Oregon is hereby authorized and directed to procure by purchase, lease or otherwise, necessary apparatus to make the tests and inspections herein provided, and to employ the necessary experts and inspectors therefor and to fix their compensation. All such apparatus shall be transported free by every railroad in this state, when necessary for the purpose of making the tests and inspections herein provided. [1911]

Compiled Laws Annotated, Vol. 3, Title 23, Ch. 14— Misdemeanors.

Sec. 23-1401. Punishment where penalty is not prescribed.

Whenever, by any law in this state, an act is declared to be a misdemeanor, and no punishment is prescribed therefor, the person committing the same, upon conviction thereof, shall be punished by imprisonment in the county jail not more than one year, or by fine not more than $500, or by both such fine and imprisonment. [1864; last amended 1941.]

Compiled Laws Annotated, Vol. 3, Title 23, Ch. 13— False Advertising.

Sec. 23-1303. Unlawful acts.

It shall be unlawful for any person, firm, corporation or association, with intent to sell or dispose of any real estate, merchandise, foods, drugs, medicinal preparations or other patent nostrums, securities, service or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, or to induce the public in any manner to enter into any obligation relating thereto, or to acquire title thereto, or an interest therein, to make, publish, disseminate, circulate, or place before the public, or cause directly or indirectly, to be made, published, disseminated, circulated, or placed before the public within the state of Oregon, in a newspaper or other publication, or in the form of a book, notice, hand bill, sign, poster, bill, circular, pamphlet, tag, label, letter or contrivance or in any other way or manner whatsoever, an advertisement of any sort regarding merchandise, securities, service, or anything so offered to the public, which advertisement contains any assertion, representation or statement of fact which is untrue, deceptive or misleading. [1909; last amended 1917.]

Sec. 23-1304. Penalty for violations.

Any person, firm, corporation or association violating any of the provisions hereof shall upon conviction thereof be punished by a fine of not more than one hundred dollars ($100), or by imprisonment in the county jail not exceeding thirty (30) days. [1917]

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