Purdon's Statutes Annotated, Title 3, Ch. 3-Commercial Feeding Stuffs-Continued.

patented, proprietary or trade-mark stock- and poultry-foods, possessing nutritive value combined with medicinal properties, and all mixed feeds other than pure grains which are not sold as mixtures bearing distinctive names, but which are sold as pure grains. It shall not include hays, straws, and corn stover, ensilage, whole grains, nor the unmixed meals made directly from the entire grains of wheat, rye, barley, oats, Indian corn, ear corn, Kaffir corn, broom corn, sugar cane, sorghum, rice, buckwheat, and flaxseed, not mixed with other substances, but sold separately as distinct articles of commerce; nor pure grains mixed together, not being mixed with any other substance, nor having distinctive brand or trade names, but sold as mixtures of pure whole grains. The Secretary of Agriculture, by himself or his agents, is fully empowered to take samples of these articles when found, and, if upon analysis, they prove to be adulterated or misbranded, the vender shall be in all respects subject to the penalties hereinafter set forth for the adulteration or misbranding of concentrated commercial feeding-stuffs. [1909; last amended 1933.]

Sec. 55. Penalties for violations; enforcement of act.

Each and every manufacturer, importer, agent, person, corporation or firm, selling, offering, or exposing for sale, in this State any concentrated commercial feeding-stuffs, as defined in section two [sec. 52] of this act [Secs. 51-56], without the statement or statements required by section one [sec. 51] of this act, shall, for every

such offense, forfeit and pay the sum of fifty dollars, which shall be recoverable, with costs, including the cost of analysis, by any person suing in the name of the Commonwealth, as debts of like amount are by law recoverable: Provided, That the Secretary of Agriculture shall, together with his deputies, agents, and assistants, be charged with the enforcement of this act, and may make rules and regulations for the proper enforcement thereof, including rules and regulations setting up definitions and standards for concentrated feedingstuffs, effective ninety days after being promulgated by the Secretary of Agriculture, and shall have free access to all places of business, mills, buildings, carriages, cars, vessels, and packages of whatsoever kind, used in the manufacture, importation or sale of any concentrated commercial feeding-stuffs; [1909; last amended 1939.]

Purdon's Statutes Annotated, Title 3, Ch. 3-Commercial Fertilizer.

Sec. 61. Marking requirements.

All corporations, associations, partnerships, or persons, before selling or offering for sale any

Sec. 87. Unlawful to increase weight.

Whenever any unmanufactured horse manure is or has been sold by weight, and the price to be paid therefor is to be fixed by weighing the same at any point within this Commonwealth, it is unlawful for any person, copartnership, association, or corporation to deliver for weighing, or to cause or permit to be weighed, any unmanufactured horse manure to which has been added, intentionally, any water, any other manure, or any other substance whatsoever, which increases the weight of such unmanufactured horse manure. [1935]

Sec. 89. Penalties for violations.

Any person, copartnership, association, or corporation who or which by himself or itself, or by his or its agents, servants, or employees, violates any of the provisions of this act [Sec. 84-91] shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine not exceeding one thousand dollars, or in the case of an individual, or the members of a partnership, or

responsible officers of an association or coration to undergo imprisonment not exceeding months, or both. [1935]

90. Enforcement; right of entry.

It shall be the duty of the Department of Agriture to enforce the provisions of this act cs. 84-91], and in connection therewith, the artment, its employees, or agents are authorized enter any storehouse, warehouse, stable, railroad d, railroad car, or any other building or place ere unmanufactured horse manure is kept, red, dealt in, or transported for delivery within Commonwealth. All fines and penalties, coled under the provisions of this act, shall be d into the general fund in the State Treasury ough the Department of Revenue. [1935]

don's Statutes Annotated, Title 3, Ch. 3-Inecticides and Fungicides.

. 101. Unlawful to sell misbranded article.

It shall be unlawful for any person to manuture, sell, or offer for sale, within the Commonalth, any insecticide or fungicide which is adulated or misbranded, within the meaning of this [Secs. 101-110]. [1917]

- 103. Enforcement.

The Secretary of Agriculture shall promulgate iform rules and regulations for enforcing this [Secs. 101-110], including the collection and mination by existing bureaus, of insecticides 1 fungicides, manufactured or offered for sale the Commonwealth, for the purpose of deterning whether such articles are adulterated or sbranded within the meaning of this act, or if h insecticides or fungicides do not comply with provision of this act. [1917; last amended :1.]

. 105. Definitions.

The term "insecticide," as used in this act [Secs. -110], shall include any substance, or mixture substances, intended to be used for preventing, troying, repelling, or mitigating any insects ich may infest vegetation, man, or animals, or useholds, or be present in any environment whatver. The term "Paris green," as used in this act, 11 include the product sold in commerce as is green, and chemically known as the aceteenite, of copper. The term "lead arsenate," as d in this act, shall include the product or »ducts sold in commerce as lead arsenate, and sisting chemically of products derived from aric acide (H,ASO), by replacing one or more drogen atoms by lead. That the term "fungie," as used in this act, shall include any subnce, or mixture of substances, intended to be for preventing, destroying, repelling, or miti ing any and all fungi that may infest vegetation,

or be present in any environment whatsoever. [1917]

Sec. 108. When deemed misbranded.

The term "misbranded," as used herein, shall apply to all insecticides, Paris green, lead arsenates, or fungicides, or articles which enter into the composition of insecticides or fungicides, the package, label, or accompanying descriptive circulars of which shall bear any statement, design, or device regarding such article, or the ingredients or substances contained therein, which shall be false or misleading in any particular; and to all insecticides, Paris greens, lead arsenates, or fungicides, which are falsely branded as to the State, Territory, or country in which they are manufactured or produced.

For the purpose of this act [Secs. 101-110], an article shall be deemed to be misbranded:

In the case of insecticides, Paris green, lead arsenates, and fungicides,third, if the quantity of the contents be not plainly and correctly marked on the outside of the package, in terms of weight, measure, or numerical count. [1917]

Sec. 109. Confiscation.

(a) Any insecticide or fungicide that is condemned as being adulterated or misbranded, within the meaning of this act [Secs. 101-110], or otherwise failing to comply with the provisions of this act, shall be confiscated and disposed of by destruction, or in such other manner as the court may direct. [1917; last amended 1941.]

Sec. 110. Penalties for violations.

Any person who shall violate any of the provisions of this act [Secs. 101-110], or any rule, regulation or order promulgated by the Secretary of Agriculture, pursuant to this act, shall, upon conviction thereof, for a first or second offense in a summary proceeding, be sentenced to pay a fine of not less than twenty-five dollars, nor more than one hundred dollars, and cost of prosecution, and, in default of payment of such fine and costs, an individual, the members of a partnership or the responsible officers or agents of a corporation shall be sentenced to undergo imprisonment for not more than thirty days; and for a third or subsequent offense shall be guilty of a misdemeanor, and, upon conviction thereof, shall be sentenced to pay a fine of not less than three hundred dollars nor more than six hundred dollars, or in the case of individuals, members of a partnership and the responsible officers and agents of an association or corporation to undergo imprisonment for not to exceed one year, or both such fine and imprisonment, in the discretion of the court. [1917; last amended 1939.]

Purdon's Statutes Annotated, Title 3, Ch. 3—Liming Materials.

Sec. 121. Marking requirements.

All liming materials for agricultural purposes, sold, offered, or exposed for sale within this Commonwealth, shall have attached to it or be accompanied, in the manner provided in section three [Sec. 123] hereof, by a plainly printed statement, giving the following information:

(e) The net weight, when the material is sold in packages. [1915; last amended 1933.]

Sec. 122. Definition.

For the purpose of this act [Secs. 121-127], the expression "liming materials for agricultural purposes" means any substances containing calcium or magnesium, or both, for use as soil amendments or in soil treatment, or as ingredients or reagents in the preparation of any fungicide or insecticide. [1915; last amended 1933.]

Sec. 123. Labeling packages; bulk sales.

The statement required by section one [Sec. 121] of this act [Secs. 121-127] shall, in the case of goods sold in package, be plainly printed upon the package, or upon a tag or label fastened thereto, of such quality and in such manner that it shall not be detached in handling, and, in the case of goods sold in bulk, the said statement shall be delivered to the purchaser either with the invoice therefor or with the goods. [1915]

Sec. 126. Penalties for violations; enforcement of act.

Any person or persons selling, offering, or exposing for sale any of the materials covered by section one [Sec. 121] or brand of the same, unless accompanied by the statement required by section one [Sec. 121] of this act [Secs. 121-127], or, when so accompanied, if the said statements shall be false in any particular, or without having complied with all the foregoing provisions of this act, shall be guilty of a misdemeanor, and, on conviction, shall be sentenced to pay a fine of not less than ten nor more than fifty dollars for the first offense, and not less than one hundred dollars for each subsequent offense. It shall be the duty of the Secretary of Agriculture to enforce the provisions of this act, and all penalties, costs, and fines recovered shall be paid to him or his duly authorized agent, and by him shall be immediately paid into the State Treasury, for the use of the Commonwealth. [1915; last amended 1933.]

Purdon's Statutes Annotated, Title 3, Ch. 3-Paint. Sec. 162. Definition.

The term "paint," as used in this act [Secs. 162– 174], shall include oxide of zinc, red lead, and

white lead (basic carbonate or basic sulphate), dry or in any kind of oil, or any compound intended for the same use, colors ground in oil, paste or semi-paste paint, and liquid or mixed paint ready for use; and all similar materials used as protec tive coatings, or for painting purposes. [1925]

Sec. 167. Label to show weight or measure.

The label on all liquid or mixed paint shall show the net measure of the contents of the con tainer; and on all paste and semi-paste paint sold by weight, the net weight of the contents of the package; or if sold by measure, the net measure of such contents. [1925]

Sec. 170. Prima facie evidence.

The having in possession of by any person, firm or corporation dealing therein, of any of the ar ticles hereinbefore described and improperly marked or not correctly labeled, as provided ir this act [Secs. 162-174], shall be considered prima facie evidence that the same are kept by such per son, firm, or corporation in violation of the pro visions of this act. [1925]

Sec. 171. Enforcement.

The Department of Agriculture of the Com monwealth is hereby charged with the enforcement of the provisions of this act [Secs. 162-174] [1925]

Sec. 173. Penalties for violations.

Any person, firm, or corporation, or violator o any of the provisions of this act [Secs. 162-174], of assisting or taking part in the violation of any o said provisions, shall be guilty of a misdemeanor and upon conviction thereof shall be punished fo each offense by a fine of not less than twenty-fiv dollars nor more than one hundred dollars

[1925]

Purdon's Statutes Annotated, Title 31, Ch. 9-Grape Potatoes, Apples and Peaches.

Sec. 371. Definitions.

The term "closed package," wherever used i this act [Secs. 371-376], shall mean a basket, bo bag, or other container the contents of whic cannot be adequately inspected without opening The terms "shipment" or "ship for sale," wherev used in this act, shall mean movement to mark in a railroad car, motor truck, or other medium transportation, but shall not be construed to i clude process of delivery to a local warehouse shipping station. [1931; last amended 1943.] Sec. 373. Marking requirements.

Grapes, potatoes, apples and peaches in clos packages, if not definitely marked as "unclassifie as herein before provided, shall be marked in

in and conspicuous manner with a statement of the grade, (2) the contents in cubic measure or ght, (3) the name and address of the person association under whose authority the grapes, atoes, apples or peaches are packed.

n case the marking is changed the person makthe same shall cancel the name and address luded in the original marking and substitute refor his own name and address. [1931; last ended 1943.]

374. Misrepresentations in sale; prima facie evidence.

a) No person shall sell, expose for sale, or transt for sale, grapes, potatoes, apples or peaches closed packages if the package containing them, label on them, or any advertising accompanying m, shall bear any statement, design, or device arding the grapes, potatoes, apples or peaches, ich shall be false or misleading in any particu

c) When grapes, potatoes, apples or peaches in sed packages are delivered to a common carrier shipment such delivery shall be presumptive dence that the grapes, potatoes, apples or peaches intended for sale. [1931; last amended 1943.]

. 375. Penalties for violations.

Any person who violates any of the provisions this act [Secs. 371-376] shall, upon summary viction thereof, for the first offense be sentenced pay a fine of not less than twenty-five dollars - more than fifty dollars and the costs of proseion, and for subsequent offenses be sentenced pay a fine of not less than one hundred dollars - more than five hundred dollars and the costs prosecution, or in default of such fine and costs, imprisoned in the county jail for not less than days nor more than thirty days. All penalties, ts, and fines collected under this act shall be d to the Secretary of Agriculture of the Detment of Agriculture of this Commonwealth, or agent, and by him shall be paid into the State easury for the use of the Commonwealth. 31; last amended 1943.]

376. Enforcement; right of entry.

The enforcement of this act [Secs. 371-376] 11 be vested in the State Department of Agriture, and its officers, employes and agents are horized to enter upon the premises of any perwithin this State for the purpose of purchasing kages of grapes, potatoes, apples or peaches and uring evidence of violation of this act; and the retary of Agriculture of this Commonwealth is eby authorized to make such rules and regulais as may be necessary for enforcing its provi[1931; last amended 1943.]

s.

Purdon's Statutes Annotated, Title 31, Ch. 13—Milk and Cream.

Sec. 700j-607. Babcock test: Fraudulent manipulation, etc.; quantities for test; standard glassware and weights to be used.

It shall be unlawful for any milk dealer or other person engaged or employed in the business of buying or receiving milk from producers, or selling or delivering milk to stores or consumers, on the basis of, or with reference to, the amount or percentage of butterfat contained therein, to take, collect or use for testing purposes an unfair or inaccurate sample, or to underread, overread or erroneously manipulate the "Babcock Test" used for determining the amount or percentage of butterfat in such milk, or to falsify the record thereof, or to make the "Babcock" reading, except when the fat has a temperature of one hundred thirty-five degrees (135°) to one hundred forty-five degrees (1450) Fahrenheit, or to use for such test quantities other than seventeen and six-tenths (17.6) cubic centimeters, in the case of milk, and nine (9) grams or eighteen (18) grams in the case of cream. In all tests of cream the cream shall be weighed and not measured into the test bottle.

It shall also be unlawful for such milk dealer or other person, so engaged or employed, to ascer tain the "Babcock Test" of the milk by use of any glassware except standard "Babcock Test" glassware and weights which have been previously inspected and approved by the Department of Internal Affairs. If the amount of percentage of butterfat is determined by any method other than the "Babcock Test," no utensil or instrument shall be used in such determination until it has been inspected and approved by the commission [milk control commission]. [1937]

Sec. 700j-608. Payment on basis of weight, measure or butterfat; statement; unlawful acts.

Milk dealers shall determine weight, measure and butterfat content of milk as provided in this act [700j-101-700j-1302], or in rules, regulations or orders of the commission [milk control commission] pertaining thereto and consistent with this act. Payment for milk shall be made either upon the basis of weight, measure or butterfat content, or any combination thereof, as the rules, regulations or orders of the commission may require.

Milk dealers buying or receiving milk from producers shall furnish to each producer or his agent a written statement showing the amount of milk delivered daily during the period for which payment is made, and, unless the commission otherwise provides, the average butterfat test of the milk delivered for such period. Such statement shall set forth such information as may be required by the commission, shall be furnished periodically, at the time of payment prescribed by the com

mission, and in no event less often than monthly: Provided, however, That a written statement of weights shall be given daily to the producer or his agent, upon written request of a majority of the producers, who deliver milk to any receiving station or plant receiving milk, each receiving station or any receiving station or plant to be considered separately, in lieu of such periodic statement of the amount of milk delivered, unless the commission otherwise provides.

It shall be unlawful to use as the basis of payment for milk any amount or percentage of butterfat therein which has been ascertained from a sample containing milk that has been so treated as to cause it to test lower or higher than the milk from which it was taken.

It shall be unlawful for any person including any milk dealer, to knowingly, fraudulently, or negligently weigh, measure, sample or test milk, or cause milk to be weighed, measured, sampled, or tested in such manner as to cause or tend to cause loss or injury to milk producers, stores or milk consumers, or to make any false or misleading statement with respect to the weight, measurement, sampling or testing of milk. [1937; last amended 1945.]

Purdon's Statutes Annotated, Title 31, Ch. 16Oysters.

Sec. 874. Oysters to be sold by count; exception.

It shall be unlawful for any person, copartnership, association, or corporation, or his, her, or its servants, agents, or employees, to sell oysters at retail, in any manner whatsoever, except by numerical count: Provided, however, That this act [Secs. 871-877] shall not apply to oysters sold at retail when in unopened, sealed, original containers in which they are shipped in inter-state commerce. [1925]

Sec. 875. Penalties for violations.

Any person, copartnership, association, or corporation violating any of the provisions of this act [Secs. 871-877] shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine of not less than twenty-five ($25) dollars, nor more than one hundred ($100) dollars, or, in the case of individuals, to undergo an imprisonment of not less than thirty (30) days, nor more than sixty (60) days, or both. [1925]

Sec. 876. Enforcement.

The Department of Agriculture shall be charged with the enforcement of this act [Secs. 871-877]. [1925]

Purdon's Statutes Annotated, Title 52, Ch. 3-Mine Scales, Anthracite Coal.

Sec. 651. Scales to be provided by owners; records; miners have right to employ weighmaster; pound weight as basis for earnings; exceptions; penalty for violations.

All persons, partnerships, associations and corporations engaged in the mining of anthracite coal in this commonwealth shall provide and erect, at each of their coal mines or collieries, standard and lawful scales for weighing the coal mined therein; and each and every miner's coal shall be separately and accurately weighed on said scale before said coal is dumped and taken from the car on which said miner loaded it in the said mine or colliery, and a separate and an accurate account shall be kept by all said persons, partnerships, associations and corporations of the number of pounds of coal mined by each miner as aforesaid; and the miners in each mine shall have the right to employ, at their own expense, and keep a weigh master at each of said scales to inspect said scales, and also keep an account of the number of pounds of coal mined by each miner; and the miners at each mine or colliery shall be paid at the rate of so much per pound for amount of coal mined by them, and the pound weight shall be the basis from which to cal culate the earnings at all mines or collieries: Pro vided, That the provisions of this act [section] shall apply only to mines or collieries in which the coal mined has heretofore been paid for by the car, and that this act shall not go into effect unti sixty days after its approval by the governor: And provided further, That if any of said persons, part nerships, associations or corporations shall negled or refuse to comply with the provisions of this ac [section], he or they so neglecting or refusing shal forfeit and pay, for every day said neglect or re fusal after said sixty days, to the commonwealth o Pennsylvania, the sum of one hundred dollars, th same to be sued for and recovered in an action of debt in the court of common pleas having juri diction of the territory in which said mines o collieries may be situate, the writs in said action t be served on the said persons, partnership, asso ciation or corporation, or the superintendent agents or clerks of said persons, partnerships, a sociations or corporations resident within the juri diction of said court: And provided further, Tha the provisions of this act shall not apply to or en brace any persons, partnerships, associations corporations that may or shall by any contra agree with his or their miners in any of said min or collieries, otherwise than as is provided in th act, for the compensation of mining the same, an no penalty provided therein shall apply to suc persons, partnerships, associations or corporation so contracting or agreeing. [1875]