first offense; not exceeding fifty dollars nor less than forty dollars for the second; not exceeding two hundred dollars nor less than one hundred dollars for the third and all following offenses, and all costs for each and every offense. [1941] Sec. 13128-18. Same: Enforcing agency. The power of enforcement of this act [Secs. 13128-12-13128–21] shall be vested in the Ohio bureau of markets, and certificates of inspection issued by duly licensed inspectors of such bureau of markets, shall be considered as prima facie evidence in any state court of the facts contained therein. [1941] Sec. 13128-19. Same: Disposition of penalties. All fines assessed under the terms of this act [Secs. 13128-12-13128–21] shall be paid into a permanent revolving fund to be known as, "the Ohio fresh fruit and vegetable standardization fund", the proceeds of which fund are to be used in effectuating the purpose and enforcement of this act. [1941] Sec. 13128-20. Same: Exceptions. This act [Secs. 13128-12-13128–21] shall not apply to apples in transit from the premises of the producer to the floor of a grading or processing plant; nor shall it apply to any apples exposed on the floor of such grading or processing plant; nor shall it apply to apples sold and delivered by the producer to the consumer on the premises where produced. [1941] Sec. 13128-21. Same: Used containers. When apples are packed in used containers, carrying any markings pertaining to the previous contents of such containers, such previous markings or label shall be obliterated, and the new marking shall be plain, distinguishable, and legible. [1941] Sec. 13147. Tobacco: False packing; penalty. Whoever intentionally places or causes to be placed in a hogshead, barrel, box, package or parcel of leaf tobacco, a substance other than tobacco, with intent that such hogshead, barrel, box, package or parcel shall be exposed to sale or sold, and that the purchaser thereof shall be in ignorance of such substance, or falsely packs or causes to be packed, in a manner commonly known as "nesting", a hogshead, box, package or parcel of leaf tobacco, with intent that it shall be exposed to sale or sold, and that the purchaser thereof shall be in ignorance of its real character, or delivers or causes to be delivered for sale, a hogshead, box, package or parcel of tobacco containing such foreign substance or falsely packed and nested tobacco, to a warehouseman, commission merchant, dealer in tobacco or manufacturer thereof, knowing it to contain such foreign substance or to be so falsely packed or nested, with intent that it shall be sold to purchasers ignorant of its real character, or changes or alters a sample selected by an inspector, as provided by law, with intent to defraud a purchaser or other person, shall be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned in jail not less than thirty days nor more than six months, or both, and be liable in damages to the inspector and person injured for the amount of such injury. [1881] Sec. 13165. Binding twine: Marking requirements. Whoever, being a dealer, manufacturing corporation, company or agent, sells or offers for sale a ball or parcel of binding twine, commonly employed in binding grain, without there is attached thereto a tab or label on which is written or printed the kind of material of which it is composed and the weight of such ball or parcel, shall be fined not less than one dollar nor more than twenty-five dollars. [1893] Sec. 13193-2. False advertising; misdemeanor; penalty. Whoever directly or indirectly makes, publishes, disseminates, circulates, or places before the public, in this state, in a newspaper, magazine or other publication, or in the form of a book, notice, hand-bill, poster, bill, circular, pamphlet, letter, sign, placard, card, label, or over any radio station, or in any other way, an advertisement or announcement of any sort regarding merchandise, securities, service, employment, real estate, or anything of value offered by him for use, purchase or sale, and which advertisement or announcement contains any assertion, representation or statement which is untrue, or fraudulent, shall be guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not more than two hundred dollars or by imprisonment in the county jail not exceeding twenty days or by both said fine and imprisonment. [1913; last amended 1945.] Sec. 13193-3. Same: Prosecuting attorney may bring action. Whenever the prosecuting attorney of any county shall believe from evidence satisfactory to him that any person, firm, corporation or association, or agent or employee thereof, has repeatedly engaged in any act or practice prohibited by section 13193-2 of the General Code of the state of Ohio, he may bring an action in the name and on behalf of the people of the state of Ohio against such person, firm, corporation or association, or agent or employee thereof, to enjoin permanently such person, firm, corporation or association, or agent or employee thereof, from continuing such acts or practices. In said action upon a hearing on the merits an order or a judgment may be entered awarding the relief applied for or so much thereof as the court may deem proper. [1913; last amended 1945.] 425 Bond 808 725 Sec. 255 Sec. 31 Sec. 1551 Laws 1949, Title 63, Ch. 7-"Oklahoma Food Act" 1552 813 813 Testing seized weights and measures; dis position 813 Destruction after conviction of owner. 813 Statutes Annotated, Title 21, Ch. 61-False Advertis ing Unlawful acts; penalty. 813 Sec. 1504 1505 Statutes Annotated, Title 68, Ch. 18-"Special Fuel Containers; requirements for transportation 812 Statutes Annotated, Title 81, Ch. 1-Public Warehouses Maintenance of scales; weight certificates 812 Statutes Annotated, Title 21, Ch. 1-Misdemeanors Statutes Annotated, Title 21, Ch. 61-False Weights Hay: Failure to mark weight on bales; False increase of weight; penalty---- Statutes Annotated, Title 21, Ch. 62-False Weights Use of false weights and measures; penalty. 813 Statutes Annotated, Title 83, Ch. 1-Weights and Measures, State Standards. Sec. 3.1. State standards. The weights and measures received from the United States under joint resolutions of Congress approved June 14, 1836 and July 27, 1866, now in the care and custody of the State Bureau of Standards, and/or such weights and measures in conformity therewith as shall be supplied to the State shall, when the same shall have been certified by the National Bureau of Standards, be the State standards of weights and measures. Such State Standards shall be submitted at least once in ten (10) years to the National Bureau of Standards for certification. Such copies of the State Standards of weights and measures and such other weights, measures, and apparatus as may be necessary to carry out the provisions of this Act [Secs. 3.1, 81-93] shall be supplied by the State. [1949] A ton of hay shall consist of two thousand pounds, or, by measurement, three hundred and forty-three cubic feet, after the same shall have been stacked thirty days, or such time as may be agreed upon between the parties. [1910] Sec. 24. Perch of stone or masonry. A perch of mason work, or stone, is hereby declared to consist of twenty-five feet cubic measure. [1910] Sec. 251. Mill products: Standard weights. Mill products hereinafter mentioned shall have the following standard weights: Barrels of flour, in wood, one hundred and ninety-six pounds net; half barrels, in wood, ninety-eight pounds net; one 888243-51-51 fourth barrels, in sacks, forty-eight pounds gross; one-eighth barrels, in sacks, twenty-four pounds gross. Corn meal, in sacks, thirty-five pounds gross; half sacks, seventeen and one-half pounds gross; onefourth sacks, eight and three-fourths pounds gross. And all feed made from cereals of any kind, whether pure, mixed, or adulterated, one hundred pounds per sack gross. [1910] 1 For later act, see Secs. 31 and 32, page 798. Sec. 26. Same: Marking requirements. The correct name and true weight of the contents of each and every barrel, box, sack, bale, cask or package of any of the foregoing products, whether sold in single packages or lots, shall be plainly marked, branded or stenciled in letters and figures 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, upon the exterior of such barrel, box, sack, bale, cask or package, in a conspicuous place as the head in case of barrel, and the front or branded side in case of sacks, bales or packages, and it shall be unlawful for any person, firm or corporation, or the agent, employee or representative of any firm or corporation to sell or exchange any such product so packed or contained until the provisions hereof shall have been complied with. [1910; last amended 1941.] Sec. 27. Penalty for violations. If any person shall knowingly violate the provisions of this chapter [Secs. 21-29], he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not less than twenty-five dollars, nor more than one thousand dollars, and each violation shall be deemed a separate offense, which fine or fines shall be recovered in any court of competent jurisdiction, without bond or advance costs. [1910] Sec. 28. Hindering inspector; penalty. Any manufacturer, dealer or other person who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent any inspector or other person in the performance of his duty in connection with this chapter [Secs. 21-29] shall be guilty of a misdemeanor and shall, upon conviction, be fined not less than twenty-five dollars, nor more than one hundred dollars. [1910] Sec. 29. Mill products and cereals: Illegal sale; confiscation. Any member of the Board of Agriculture shall have the privilege of seizing any mill product and cereal sold in the State in violation and contravention of the provisions of this chapter [Secs. 2129], and may proceed by writ of provisional seizure against the mill products and cereals so sold in the |