Code 1940, Title 2, Ch. 1, Art. 5-"Alabama Seed Law"-Continued. Sec. 45 (9). Seizure; penalty for violations; prosecutions. Any lot of agricultural, [or] vegetable seed not in compliance with the provisions of this article [Secs. 45 (1)-45 (9)] shall be subject to seizure. Every violation of the provisions of this article shall be deemed a misdemeanor punishable by a fine of not less than ten dollars ($10.00) and not exceeding one hundred dollars ($100.00) for the first offense and not exceeding two hundred and fifty dollars ($250.00) for each subsequent similar offense. The issuance of a "Suspension from Sale or Use" order shall be in accordance with article 33 of Title 2 of the 1940 Code. [1943] Code 1940, Title 2, Ch. 1, Art. 8-Commercial Feeds. Sec. 56. Definitions. The term "commercial feeds" shall be held to include all feed stuffs used for feeding domestic and wild animals and domestic and wild birds; except whole seed or grains, the unmixed meals made directly from entire grains of corn, wheat, rye, barley, oats, buckwheat, flaxseed, kaffir and milo when packed for human consumption, whole hays, straws, cotton seed hulls and corn stover when unmixed with other materials. [1911; last amended 1935.] Sec. 57. Marking requirements; standard packages. Every lot or parcel of commercial feeds sold in this state shall have affixed thereto a tag or label, in a conspicuous place on the outside thereof, containing a legible and plainly printed statement in the English language, clearly and truly certifying: the net weight of the package (provided that all commercial feeds shall be in standard weight bags or packages of twenty-five, fifty, one hundred, one hundred and fifty, or two hundred pounds, except that packages weighing five pounds, eight and onethird pounds, or ten pounds, net, may be distributed to retailers in fifty or one hundred pound containers and sold only when the packages are tagged or labeled as provided in this article [Secs. 56-68], [1911; last amended 1947.] * Sec. 60. Regulation of bulk sales. Whenever any commercial feeds as defined in Section 56 of this Article [Secs. 56-68] are kept for sale in bulk, stored in bins, or otherwise, the person keeping the same for sale shall keep on hand cards upon which shall be printed the statement required by the provisions of Section 57 [1911; last amended 1947.] Sec. 62. Commissioner to be notified of shipments. It shall be the duty of persons shipping commercial feeds to notify the commissioner in writing by mail or otherwise on the day of shipment, or within twenty-four hours thereafter, of every shipment exceeding five tons. Such notice shall state the brand, number of sacks, the weight of each sack or package or bundle, and to whom shipped and addressed. [1927] Sec. 64. Commissioner may suspend sale. If at any time the commissioner or his duly authorized agent, shall have reason to believe that any feed offered for sale in this state does not comply with the requirements of this article [Secs. 56-68], it shall be his duty by written order to suspend the sale of the same until he shall have satisfied himself, or shall be satisfied by an analysis, or otherwise, that such feed meets the requirements of this article. If he shall find that the same does not comply with this article, then he is authorized to seize or cause to be seized the feed for confiscation as provided for in this chapter. [1927] Sec. 66. Crushed or ground corn. Crushed or ground whole ear corn when sold by itself is a commercial feed, as defined in section 56 of this article [Secs. 56–68], and the sale thereof within this state shall be governed by the provisions of this article and the rules and regulations prescribed by the state board of agriculture and industries. [1919; last amended 1923.] Code 1940, Title 2, Ch. 1, Art. 10—Standard Packages for Corn Meal. Sec. 134. Corn meal defined. For the purpose of this article [Secs. 134-135], the term "corn meal" shall be deemed to include all products in the form of meal or grits derived from corn with or without additional processing, such as bolting, degerming, or refining, and all mixtures of same with chemicals and other modifying agents. [1907; last amended 1945.] Sec. 135. Standard packages. No person shall sell, offer for sale, expose for sale, have in possession with intent to sell, pack, or deliver in this state corn meal or grits in packages of sizes other than five (5) pounds, ten (10) pounds, twenty-five (25) pounds, fifty (50) pounds, one hundred (100) pounds, and two hundred (200) pounds; provided any person may, on order, weigh and sell, from bulk corn meal or grits, any number of pounds desired by a customer. However, any person may sell, offer for sale, expose for sale, have in possession with intent to sell, pack, or deliver in this state corn meal or grits in weight packages weighing less than five (5) pounds. [1907; last amended 1945.] Code 1940, Title 2, Ch. 1, Art. 11-Standard Containers for Corn, Grains, and Cotton Seed Hulls. Sec. 136. Misdemeanor. Any person who sells corn, oats, rye, wheat, barley, or cotton seed hulls, in sacks or bags, except in quantities hereinafter respectively prescribed, shall be guilty of a misdemeanor. [1923] Sec. 137. Size sacks authorized to be used; marking require ments. Oats shall be sold in sacks containing two and onehalf and five bushels, weighing net respectively eighty and one hundred and sixty pounds; rye and corn in two and two and one-half bushel sacks weighing net one hundred and twelve pounds and one hundred and forty pounds respectively; wheat in two and two and one-half bushel sacks weighing net respectively one hundred and twenty and one hundred and fifty pounds; barley, in two and three bushel sacks weighing net respectively ninety-six and one hundred and forty-four pounds; and cotton seed hulls in one hundred pound sacks or bags; provided, that such sacks, bags or packages shall have plainly marked or stenciled thereon in large type and figures, the net quantities herein required Sec. 138. Bulk sales. [1923] The foregoing provisions shall apply only when said articles are sold in sacks, bags or other packages, and shall not prevent the sale of any of said articles in bulk. These provisions shall not apply to sales of grains or cereals by the producer or grower of such grains or cereals. [1923.] Code 1940, Title 2, Ch. 1, Art. 12-Cotton, Seed Cotton, and Gins. Sec. 141. Cotton: Deduction from weight of. It shall be unlawful for any person in buying or selling baled cotton, or in weighing such cotton for any person other than himself to deduct from the actual weight thereof, as shown on a level-standing beam of the scale, or to use in weighing cotton untested weights, so as to deprive the seller of the cotton of any of its real value. [1887; last amended 1927.] Sec. 142. Same: Penalty for violating preceding section. Any person who violates the preceding section shall be guilty of a misdemeanor. But deductions may be made by mutual consent of buyer and seller or their authorized agents or representatives, on wet or damaged cotton bales, on each bale so weighed or deducted from. [1887; last amended 1923.] Sec. 143. Same: Warehouseman's record. Any corporation, company, individual, his or their agents, operating or owning places for storing, weighing or dealing in cotton, doing business in this state, who fails to keep a record of all bale cotton weighed by warehousemen, corporations, companies, individuals or their agents for whom each bale of cotton is weighed, with the names of such persons posted on the books daily together with the weight and description of each bale, or who fails to keep such record open to the inspection of the public at all reasonable times, shall be guilty of a misdemeanor. [1889; last amended 1927.] Sec. 150. Same: Purchaser's records. Any person who purchases cotton in this state who shall fail to keep a record showing the name and address of the person from whom the same was purchased, the date of said purchase and the identification marks on and weight of said cotton, shall be guilty of a misdemeanor. [1927] Sec. 157. Same: Marking. Every person who gins cotton in this state shall mark, label or tag the same in such manner as prescribed by the state board of agriculture and industries. [1907; last amended 1927.] Sec. 161. Same: Sampling. No more than six ounces of cotton shall be taken from any bale of cotton, under the pretext of sampling the same; but after the sale of the cotton, and after the weight thereof has been ascertained and agreed upon, the buyer may take from the bale, at his own loss, six ounces more of cotton, for comparison with the sample by which he bought. Any person violating any of the provisions of this section shall be guilty of a misdemeanor; and in prosecutions under this section, the ownership of the cotton need not be alleged or proved. [1927] Sec. 162. Same: Moving before weighing. Without the consent of the seller, cotton must not be removed from the place where it may be when sold, until the weight thereof has been ascertained. [1873; last amended 1887.] Sec. 167. Seed cotton: Records. All persons engaged in the traffic in seed cotton are required to keep legibly written in a book, which shall be open to public inspection, the names of all persons from whom they purchase or receive, by way of barter or exchange, or traffic of any sort, any seed cotton, with the number of pounds and the date of purchase, barter or exchange. [1919] Sec. 168. Same: Exceptions. The foregoing provision of this subdivision [Secs. 167-170 shall not apply to the purchase of seed cotton, sold under process of law, or in satisfaction of landlord's lien, in the collection of his rents, advances or mortgages previously given on the cotton sold; nor to ginners who purchase seed cotton from their customers delivered to their gins. [1919; last amended 1927.] Sec. 169. Same: Offenses. Any person who shall engage in the traffic of seed cotton and who shall fail to keep the book or record as provided by law, shall be guilty of a misdemeanor. [1923; last amended 1927.] Sec. 173. Cotton gins: Rules and regulations. Power is hereby conferred upon the commissioner, with the approval of the state board of agriculture Code 1940, Title 2, Ch. 1, Art. 12-Cotton, Seed Cotton, and Gins-Continued. and industries, to establish rules and regulations not inconsistent with law, for the conduct, management and operation of cotton gins, the separation of sand or other foreign material from the lint or seed, the character, amount and weight of bagging and ties to be used, the marking or tagging of cotton, the records to be kept, reports made as to ginning and other like matters that may tend to protect the interests of the public. [1923; last amended 1927.] Code 1940, Title 2, Ch. 1, Art 13-Babcock Test. Sec. 195. Use of standard test required. It shall be unlawful for any person, either for himself or another to falsely manipulate or under-read or over-read or take inaccurate samples or make any false determinations by Babcock test or any other contrivance used to determine the quantity of fat in milk or cream or value of milk or cream delivered to a creamery, cheese factory, condensory, ice cream plant, milk plant, or milk depot, or when sold or * cream test must be weighed. purchased. The scales must be sensitive and accurate. The tester and owner or owners are jointly responsible for their accuracy. [1923] Sec. 199. Babcock test bottles, pipettes, and weights. Any person, firm, company, association, corporation, or agent thereof, engaged in the business of buying milk or cream on the basis of, or in any manner with reference to, the amount or percentage of butterfat contained therein, as determined by the Babcock test, shall use standard Babcock bottles, pipettes, and weights, as defined in specifications for "Standard Babcock Testing Glassware and Weights," which shall be passed by the state board of agriculture and industries. All such Babcock test bottles, pipettes, and weights, so used, shall be subject to inspection, and proper approval or condemnation, in the same manner as is authorized in the inspection of other weighing or measuring devices. It shall be unlawful for any person, persons, firm or company, association, corporation, or any agent or agents thereof, to use any other than standard test bottles, pipettes, and weights to determine the amount of fat in milk or cream bought on the butterfat basis as determined by the Babcock test. All bottles and pipettes used in measuring milk or milk products for making determinations of the per cent of fat in said milk or milk products, shall have clearly blown or otherwise permanently marked in the side of the bottle or pipette the word, "sealed," and in the side of the pipette, or the side or the bottom of the bottle, the name, initials, or trade mark of the manufacturer and his designating number, which designating number shall be furnished by the commissioner of agriculture and industries upon application by the manufacturer and upon the filing by the manufacturer of a bond in the sum of one thousand dollars, with the sureties to be approved by said commissioner, conditioned upon conformance with the requirements of this section. A record of the bonds furnished, the designating number, and to whom furnished shall be kept in the office of said commissioner. Any manufacturer who sells Babcock or other milk, cream, or butter test bottles or pipettes, to be used in this state, that do not comply with the provisions of this section, shall suffer a penalty of five hundred dollars, to be recovered by the attorney general in action in the name of the state upon the bond of such manufacturer. No person shall use, for the purpose of determining the per cent of milk fat in milk or milk products, any bottles or pipettes purchased after six months from the date on which this article [Secs. 186-207] shall take effect, unless they comply with the provisions of this section relating thereto. [1923] Code 1940, Title 2, Ch. 1, Art. 15, Secs. 274–281— Eggs. [ED. NOTE.-These sections provide for the promulgation by the state board of agriculture and industries of weight and grade standards for eggs. The pertinent sections are not given in detail because their provisions relate primarily to quality.] Code 1940, Title 2, Ch. 1, Art. 16-Commercial Fertilizers. Sec. 292. Notice of shipments. It shall be the duty of persons shipping fertilizer or fertilizing material to notify the commission in writing by mail or otherwise on the day of shipment, or within twenty-four hours thereafter of every shipment exceeding five tons and to notify the commissioner of all shipments of five tons or less in accordance with regulations to be adopted by the state board of agriculture and industries. Such notice. shall state the brand name, number of sacks, the net weight of each sack or package, the guaranteed analysis, and to whom shipped and their address. [1885; last amended 1935.] Sec. 295. Marking requirements. Every bag, barrel or package of commercial fertilizer sold or distributed within this state, shall have affixed thereto a tag or label containing a legible and plainly printed statement in the English language, clearly and truly certifying the following information in the order indicated. (1) Net weight of each bag, barrel or package in pounds; There * able phosphoric acid, nitrogen or potash than guaranteed on the tags or branded on the sacks, bags or packages containing the same, and if, by reason of such deficiency, the commercial value of such fertilizer shall fall more than five per cent below the guaranteed total commercial value of such fertilizers, or fertilizer materials, then the purchaser shall be entitled to a refund; and if required to sue for the collection of the same, he shall be entitled to recover not only the purchase price paid for the amount of the shortage, but in addition thereto, he may recover an amount equal to one-half of the total purchase price. [1923] Code 1940, Title 2, Ch. 1, Art. 17-Standard Packages for Flour. Sec. 301. Flour defined. For the purpose of this article [Secs. 301-302], the term "flour" shall include flours derived from cereals or other vegetable sources and mixtures of the same with or without added chemicals or other modifying agents. [1927; last amended 1945.] Sec. 302. Standard packages. No person shall sell, offer for sale, expose for sale, have in possession with intent to sell, pack, or deliver in this state flour in packages of sizes other than five (5) pounds, ten (10) pounds, twenty-five (25) pounds, fifty (50) pounds, one hundred (100) pounds, and two hundred (200) pounds; provided any person may, on order, weigh and sell, from bulk flour, any number of pounds desired by a customer. However, any person may sell, offer for sale, expose for sale, have in possession with intent to sell, pack, or deliver in this state flour in weight packages weighing less than five (5) pounds. However, the provisions of this section shall not apply to the sale of flour to commercial bakers or blenders or for export in containers of more than one hundred (100) pounds. [1927; last amended 1945.] Code 1940, Title 2, Ch. 1, Art. 18-Foods and Drugs. Sec. 304. Prohibited acts. No person within this state shall manufacture for sale therein, have in possession with intent to sell, offer or expose for sale, sell, or deliver any article of food or drugs which is adulterated or misbranded within the meaning of this article [Secs. 303-315]. [1909] Sec. 305. Definitions. The word "article" when referring to food or drugs, is used in the broad and comprehensive sense and has reference to the food product or the drug product in question. The term "food" as used herein shall include all articles of food, drink, confectionery, or condiment, whether simple, mixed or compound, used or intended for use by man or domestic animals. The term "drug" as used herein shall include all medicines and preparations recog nized in the United States pharmacopoeia or national formulary for internal or external use and any substance or mixture of substances to be used for the cure, mitigation or prevention of diseases in man or domestic animals. [1909] Sec. 308. Misbranding. The term "misbranded" as used herein, shall apply to all drugs, or foods, or articles which enter into the composition of food, the package or label of which shall bear or contain any statement, design, or device regarding such article or the ingredients or substances contained therein which shall be false or misleading in any particular, [1909] Sec. 309. Misbranding of foods. An article of food shall also be deemed misbranded in the following cases: If in package form the name of the article, together with the quantity of the contents in terms of weight, measure, or numerical count and the name and principal address of the manufacturer or other person, responsible for placing the article on the market, be not plainly and conspicuously marked on the outside of the package. If in package form, the package be not filled with the food it purports to contain, within the limits of tolerance fixed by the state board of agriculture and industries, irrespective of whether the quantity of the contents be plainly and conspicuously marked on the outside of the package in terms of weight, measure or numerical count. [1909] Sec. 311. Guaranty protection. No dealer shall be prosecuted under the provisions of this article [Secs. 303-315] when he can establish a bona fide guarantee signed by a reputable wholesaler, jobber or manufacturer within the United States, from whom he purchased such articles, that they are not adulterated or misbranded within the meaning of this article, designating it, and that he has no knowledge of such adulteration or misbranding at the time they were purchased. Such guaranty shall contain the name and address of the vendor who shall, be amenable to the prosecutions, fines and other penalties to which the purchaser would otherwise be amenable. [1909; last amended 1927.] Sec. 314. Prima facie evidence of violation. The having in possession by any person, firm, or corporation who manufactures or exposes for sale any adulterated or misbranded food within the meaning of this article [Secs. 303-315], shall be prima facie evidence of having in possession with intent to sell in violation of its provisions, except that any manufacturer, wholesaler or jobber, may keep properly identified goods specially set apart in his stock for sale in other states which might otherwise be in violation of the provisions of this article. [1909; last amended 1940.] Code 1940, Title 2, Ch. 1, Art. 18a-Cosmetics. (A) As used in this Act, [Secs. 315 (1)−315 (8) ] unless the context requires a different meaning: "article," when referring to a cosmetic, is used in the broad and comprehensive sense and has reference to the cosmetic product in question; "cosmetic" means an article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance, and the component parts of such an article; it does not include soap; (B) Other words and phrases used in this Act shall be defined as in Section 1 of Title 2 of the 1940 Code. The Act shall be construed and interpreted pursuant to the rules of construction contained in Title 1 of the 1940 Code. [1947] * Sec. 315(2). Misbranding prohibited. No person shall, within this State, manufacture for sale, or have in his possession with the intent to sell, or offer or expose for sale, or sell, or deliver, any cosmetic which is adulterated or misbranded within the meaning of this Act [Secs. 315 (1)–315 (8) ]. [1947] Sec. 315(4). When deemed misbranded. (A) A cosmetic shall be deemed misbranded: 1) if its labeling is false or misleading in any particular; 2) if it is in package form and does not bear a label containing the name and place of business of the manufacturer, packer, or distributor and a statement of the quantity of the contents in terms of weight, measure or numerical count; 3) if any word, statement, or other information required to be placed in the labeling by or under authority of this Act [Secs. 315 (1) -315 (8) ] is not placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices) 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; 4) if its container is so made, formed, or filled as to be misleading. (B) The Commissioner of Agriculture and Industries may permit reasonable variations and exemptions of small packages, from item 2 of Subsection A. [1947] Sec. 315(5). Violation a misdemeanor. A person who violates any provision of this Act [Secs. 315 (1) -315 (8) ] or any rule or regulation duly promulgated by the Board of Agriculture and Industries is guilty of a misdemeanor. [1947] Sec. 315(6). Prima facie evidence of intent to violate the Act. The having in possession of an adulterated or misbranded cosmetic shall be prima facie evidence of having it in possession with the intent to sell it in violation of this Act [Secs. 315 (1) -315 (8) ]. But a manufacturer, wholesaler, or jobber may keep such products set apart in his stock for sale in other States if he properly identifies them, although the possession of such products might otherwise be in violation of this Act. [1947] Sec. 315(7). Guaranty protection. (A) No dealer shall be prosecuted under this Act [Secs. 315 (1)-315 (8) ] when he can establish 1) a bona fide guarantee, signed by a reputable wholesaler, jobber, or manufacturer from whom he purchased the article, that the article is not adulterated or misbranded within the meaning of this Act (designating it), and 2) that he had no knowledge of such adulteration or misbranding at the time the article was purchased. A guarantee given pursuant to this Section must contain the name and address of the vendor from whom the article was purchased. [1947] Sec. 315(8). Department of Agriculture and Industries to administer. This Act [Secs. 315 (1) -315 (8) ] shall be administered and enforced by the Department of Agriculture and Industries. The Board of Agricul ture and Industries shall have the power to make rules and regulations necessary to effectuate the purposes of the Act and to fix the standards of purity and quality of cosmetics. [1947] Code 1940, Title 2, Ch. 1, Art. 20-Insecticides and Fungicides. Sec. 330. Misbranding a misdemeanor. It shall be unlawful for any person to manufacture within the State of Alabama, or to sell within the state, any insecticide, paris green, lead arsenate, or a fungicide, which is adulterated or misbranded within the meaning of this article [Secs. 329-337]; and any person who shall violate any of the provisions of this article, shall be guilty of a misdemeanor. [1923.] Sec. 335. When deemed misbranded. * For the purpose of this article [Secs. 329-337] an article shall be deemed to be misbranded in the case of insecticides, paris greens, lead arsenates, and fungicides: *; if in pack age form, and the contents as stated in terms of Code 1940, Title 2, Ch. 1, Art. 21-Kerosene. The term "kerosene" wherever used in this article [Secs. 338-346] shall be construed to mean kerosene or other like products of petroleum used for illuminating, heating, or cooking purposes, or for any other purposes for which kerosene is ordinarily and customarily used. [1935] Sec. 340. Rules and regulations. The state board of agriculture and industries shall have authority to promulgate |