prescribed by the Board [State Board of Pharmacy], where compliance with such provisions would be impracticable.

(4) If any word, statement, or other information required on the label under any provision of this article [Secs. 54-461-54-474] is not prominently placed thereon in such manner as to be easily seen and in such terms as to be readily understood by the purchasers and users of such articles under customary conditions of purchase and use, due consideration being given to the size of the package. [1938; last amended 1948.]

Sec. 54-469. Prohibited acts.

The following acts and the causing thereof are hereby prohibited:

(1) The introduction or delivery for introduction into commerce of any drug or cosmetic that is adulterated or misbranded.

(2) The adulteration or misbranding of any drug or cosmetic in commerce.

(3) The receipt in commerce of any drug or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof in the original unbroken package for pay or otherwise.

(4) The dissemination of a false advertisement by any means for the purpose of inducing, directly or indirectly, the purchase of drugs or cosmetics.

Provided, however, there shall be no prosecution of any licensed retail merchant for violation of the provisions of this section until the retail merchant has been adequately warned by the State Board of Pharmacy that the drug or cosmetic in question is adulterated or misbranded. [1938]

Sec. 54-470. Guaranty protection.

No dealer shall be prosecuted under the provisions of this article [Secs. 54-461-54-474] who can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party residing in this State or in the United States, from whom he purchased such articles that the same when purchased in this State are not adulterated or misbranded within the meaning of this article, or if purchased out of this State, but within the United States, when the dealer can establish a guaranty signed by the person or persons, residing in the United States, from whom he has purchased such articles to the effect that the same are not adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act. Such guaranty, to afford protection in either case, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case the party or parties shall be amenable to the prosecutions, fines, and other penalties which would attach, in due course, to the dealer under the provisions of this article. [1919; last amended 1948.]

888243-51-67

Sec. 54-471. Examination by Board of pharmacy; notices of violations; prima facie evidence.

The examination of specimens of drugs shall be made under the direction and supervision of the Board [State Board of Pharmacy], for the purpose of determining from such examinations whether such articles are adulterated or misbranded within the meaning of this article [Secs. 54-461-54-474]. If it shall appear from any such examination that any of such specimens is adulterated or misbranded within the meaning of this article, the Board shall cause notice thereof to be given to the party from whom such sample was obtained.

In all prosecutions arising under this article the certificate under oath of the analyst or other officer making the analysis or examinations therein shall be prima facie evidence of the facts therein certified. [1919]

Sec. 54-474. Penalties for violations.

It shall be unlawful for any person to manufacture, sell or offer for sale any drug or cosmetic which is adulterated or misbranded, within the meaning of this article [Secs. 54-461-54-474]. Any person who shall violate any of the provisions of this article shall be guilty of a misdemeanor, and for each offense shall, upon conviction thereof, be fined not less than twenty nor more than one hundred dollars or imprisoned in jail not exceeding six months, or both, in the discretion of the court. For each subsequent offense and conviction thereof he shall be fined not exceeding two hundred dollars or imprisoned in jail not exceeding six months, or both, in the discretion of the court. [1919; last amended 1948.]

Code 1948, Vol. 2, Title 54, Ch. 15, Art. 11—“Uniform Narcotic Drug Act."

Sec. 54-505. Marking requirements.

Whenever a manufacturer sells or dispenses a narcotic drug, and whenever a wholesaler sells or dispenses a narcotic drug in a package prepared by him, he shall securely affix to each package in which that drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of narcotic drug contained therein. [1934]

Sec. 54-515. Enforcement.

It shall be the duty of the Board [State Board of Pharmacy], its officers, agents, inspectors and representatives, and of all peace officers within the State, and of all attorneys for the Commonwealth, to enforce all provisions of this article [Secs. 54-48754-519], except those specifically delegated, and to co-operate with all agencies charged with the enforcement of the laws of the United States, of this State, and of all other states, relating to narcotic drugs. [1934]

Code 1948, Vol. 2, Title 54, Ch. 15, Art. 11-"Uniform Narcotic Drug Act"—Continued.

Sec. 54-524. Penalties for violations.

Any person violating any provision of this article [Secs. 54-487-54-519] shall upon conviction be punished, for the first offense, by a fine not exceeding one hundred dollars, or by imprisonment in jail for not exceeding one year, or by both such fine and imprisonment; and to any subsequent offense, by a fine not exceeding one thousand dollars, or by imprisonment for not exceeding five years in the penitentiary, or by both such fine and imprisonment. [1934]

Code 1948, Vol. 2, Title 61, Ch. 4-Tobacco Warehouses.

Sec. 61-101. Sampling, weighing and branding tobacco.

The samplers shall uncase and break every hogshead, cask, tierce, or box of tobacco brought to their respective warehouses to be sampled; weigh and sample it, and mark, or brand the same, as "Virginia" or "Western", according to the facts; and also, with the name of the warehouse, the tare of the hogshead, cask, tierce, or box; the quantity of net tobacco therein, and the condition thereof. The net weight shall be ascertained by weighing the hogshead, cask, tierce, or box, before it is uncased, and deducting therefrom the weight of the empty hogshead, cask, tierce or box. The sample shall not exceed eight pounds in weight, and shall belong to the buyer of the tobacco from whom it was taken. [1887]

Sec. 61-108. Weighing leaf tobacco; itemized statements furnished seller; penalty for violations.

All leaf tobacco sold upon the floor of any tobacco warehouse in the State shall first be weighed by some reliable person who shall have first sworn and subscribed to the following oath:

The proprietor of each and every warehouse shall render to each seller of tobacco at his warehouse a bill plainly stating the amount charged for weighing and handling,

*

For each and every violation of the provisions of this section a penalty of ten dollars may be enforced, and the same may be recovered by anyone so offended. [1899; last amended 1900.]

Sec. 61-134. Proprietors to furnish scales, etc.

The proprietor of every warehouse shall have proper scales or balances and weights, and all other proper conveniences provided, and see that they are kept in repair, and that the weights conform to the lawful standard. [1899; last amended 1900.]

Code 1948, Vol. 1, Title 19, Ch. 11-Misdemeanors. Sec. 19-265. Punishment when not otherwise prescribed.

A misdemeanor, for which no punishment or maximum punishment is prescribed by statute, shall be punished by fine not exceeding five hundred dollars or confinement in jail not exceeding twelve months, or both, in the discretion of the jury of the trial justice, or of the court trying the case without a jury. [1887]

Code 1948, Vol. 1, Title 18, Ch. 7, Art. 4-False Advertising.

Sec. 18-189. Unlawful acts; penalty.

Any person, firm, corporation or association who, with intent to sell or in any wise dispose of merchandise, securities, service or anything offered by such person, firm, corporation or association, directly or indirectly, to the public for sale or distri bution, 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 any interest therein, makes, publishes, disseminates, circulates or places before the public, or causes, directly or indirectly, to be made, published, disseminated, circulated or placed before the public in this State, in a newspaper or other publications, or in the form of a book, notice, handbill, poster, blue-print, map, bill, tag, label, circular, pamphlet or letter, or in any other way, an advertisement of any sort regarding merchandise, securities, service, land, lot or anything so offered to the public, which advertisement contains any promise, assertion, representation or statement of fact which is untrue, deceptive or misleading, shall be guilty of a misdemeanor, and, upon conviction thereof, be punished by a fine of not less than twenty-five dollars, nor more than two hundred and fifty dollars, or confined in jail for a period of not less than ten days nor more than sixty days, or by both such fine and imprisonment. The words “untrue, deceptive and misleading", as used in this section, shall be construed as including the advertising in any manner by any person of any goods, wares or merchandise as a bankrupt stock, receiver's stock or trustee's stock, if such stock contains any goods, wares or merchandise put therein subsequent to the date of the purchase by such advertiser of such stock, and if such advertisement of any such stock fails to set forth the fact that such stock contains other goods, wares or merchandise put therein, subsequent to the date of the purchase by such advertiser of such stock in type as large as the type used in any other part of such advertisement, including the caption of the same, it shall be a violation of this section. [1924; last amended 1930.]

Sec. 229-11. Powers of director: To appoint supervisor of weights and measures; assistants.

The director of agriculture shall have the power to appoint and deputize an assistant director, to be known as the supervisor of weights and measures, who shall have charge and supervision of the division of weights and measures, and, with the approval of the director, shall have power to appoint and deputize such sealers, testers, and inspectors, and to appoint and employ such clerical and other assistants, as may be necessary to carry on the work of the division. [1921]

Sec. 229-13. Powers transferred.

The director of agriculture shall have power, and it shall be his duty, to exercise all the powers and perform all the duties now vested in, and required to be performed by, the commissioner of agriculture, and to exercise such other powers and perform such other duties as may be provided by law. [1921]

Sec. 229-23. Same: Weights and measures; transfer of powers to director.

The director of agriculture shall have the power, and it shall be his duty, through and by means of the division of weights and measures:

(1) To exercise all the powers and perform all the duties relating to weights and measures, now vested in, and required to be performed by, the secretary of state, the superintendent of weights and measures, the deputy superintendent of weights and measures, the inspector of weights and measures, and the state sealers. [1921]

Pierce's Perpetual Code 1943-Weights and Measures. Sec. 996-1. State standards; false standards.

The weights and measures, received from the United States under a resolution of congress approved June 14, 1836, and such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto or renewal thereof, and such as shall be supplied by the state in conformity therewith and certified by the national bureau of standards, shall be the state standards, by which all county and municipal standards of weights and measures shall be tried, approved and sealed.

All weights, measures, scales, scale beams, patent balances, steelyards, automatic or computing scales, or other instruments for weighing or measuring, by which any merchandise, commodity, or thing is bought or sold by weight or measure, or offered or exposed for sale, shall conform to the state standards herein prescribed. Any weight, measure, scale, scale beam, patent balance, steelyard, automatic or computing scale or other instrument or device for weighing or measuring which does not conform to such state standards is hereby declared to be a false weight or measure. [1927]

Sec. 996-3. Director of agriculture: Powers and duties.

The director of agriculture through and by means of the division of weights and measures shall take charge of the state standards, cause them to be kept in a safe and suitable place in the office of the division of weights and measures, from which they shall not be removed except for repairs or for certification, and shall take all other necessary precautions for their safe keeping; shall maintain the state standards in good order and shall submit them at least once in ten years to the national bureau of standards for certification; shall at least once in five years try and prove by the state standards all weights, mea

sures and other apparatus which may belong to any county or city, and shall seal such when found to be accurate, by stamping on them with seals which he shall have and keep for that purpose, the letter "W" and the last two figures of the year in which the same are sealed; shall have and keep a general supervision of the weights, measures and weighing and measuring devices offered for sale, sold or in use in the state; shall, upon written request of any citizen, firm, corporation or educational institution in the state, test or calibrate weights, measures, weighing or measuring devices and instruments or appliances used as standards in this state; shall at least once annually, test all scales, weights, measures, weighing or measuring devices or instruments used in determining the quantities of the receipts or disbursements of supplies for the maintenance of which moneys are appropriated by the legislature, and report in writing his findings to the director of business control or the supervising board, and to the executive officer, of the institution concerned, and at the request of such director, board or executive officer, shall appoint in writing one or more employes, then in the actual service of each institution, who shall act as special deputies for the purpose of checking the receipts or disbursements of supplies; shall keep a complete record of the standards, balances and other apparatus belonging to the state and take receipt for the same from his successor in office; shall annually, on the first day of October, make to the governor a report of the work done by his office; shall inspect all standards and apparatus used by the state and cities having a population of more than fifty thousand, at least once in two years, and keep a record of the same; shall at least once in two years visit the various cities in the state having a population of fifty thousand, in order to inspect the work of the city sealers, and in the performance of such duties. may inspect the weights, measures, and weighing or measuring devices or instruments of any citizen, firm or corporation, except track scales used by common carriers by railroad, and shall have the same powers as the city sealer of weights and measures; shall issue, from time to time, regulations for the guidance of state and city sealers, which regulations shall govern the procedure to be followed by such officers in the discharge of their duties. [1927]

Sec. 996-5. Department and city standards.

The director of agriculture, and the council or other governing body of each city having a population of more than fifty thousand, shall procure and keep at all times a complete set of weights, measures, weighing and measuring devices and other apparatus, of such materials and construction as the director of agriculture may direct. All such weights, measures, devices and other apparatus having been tried and accurately proven by the director of agriculture through and by means of the division of weights and measures, shall be sealed and certified