Revised Statutes 1943, Vol. 4, Ch. 81, Art. 2— "Nebraska Anti-Freeze Law"-Continued.

Sec. 81-2,191. Rules and regulations.

The Department of Agriculture and Inspection shall have authority to promulgate such rules and regulations as are necessary to promptly and effectively enforce the provisions of sections 81-2,186 to 81-2,197. [1947]

Sec. 81-2,196. Penalty for violations.

If any person, partnership, corporation or association shall violate the provisions of sections 812,186 to 81-2,197, such person, partnership, corporation or association shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not less than fifty dollars and not exceeding five hundred dollars for each offense. [1947]

Revised Statutes 1943, Vol. 2, Ch. 28, Art. 12— False Advertising.

Sec. 28-1235. Unlawful acts.

Hereafter, in this state it shall be unlawful for any person, firm, corporation or association, with intent to sell or in any way dispose of merchandise, secur

ities, service, or anything offered by such person, firm, corporation or association, directly or indi rectly, 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, in this state, in a newspaper or other publication, or in the form of a book, notice, handbill, poster, bill, circular, pamphlet or letter, or in any other way, an advertisement of any sor regarding merchandise, securities, service or any thing so offered to the public, containing any asser tion, representation or statement of fact which i untrue, deceptive or misleading. [1913]

Sec. 28-1236. Penalty for violations.

Any person, firm, corporation or association vio lating the provisions of section 28-1235 shall b deemed guilty of a misdemeanor, and upon convic tion shall be fined in any sum not less than twenty five dollars nor more than one hundred dollars, in the discretion of the court. [1913]

Laws 1945, Ch. 169-Weights and Measures.
Sec. 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, and/or such new weights and measures as shall be received from the United States as standard weights. and measures in addition thereto, and in renewal thereof, and/or such weights and measures in conformity therewith as shall be supplied by the state shall, when the same shall have been certified by the national bureau of standards, be the state standards of weights and measures. [1945]

Sec. 2. State and working standards to be compared once a year; standards to be sealed.

In addition to the state standards of weights and measures, provided for above, there shall be supplied by the state at least one complete set of copies of these, to be kept at all times in the office of the state sealer, and to be known as office standards; and such other weights, measures, and apparatus as may be found necessary to carry out the provisions of this act [Secs. 1-30], to be known as working standards. Such weights, measures, and apparatus shall be verified by the state sealer, or his deputy or inspectors, at his direction, upon their initial receipt, and at least once in each year thereafter, the office standards by direct comparison with the state standards, the working standards by comparison with the office standards. When found accurate upon these tests, the office and working standards shall be sealed by stamping on them the letters "NEV." and, in the case of working standards, the last two figures of the year, with seals which the state sealer shall have and keep for that purpose. The office or working standards shall be used in making all comparisons of weights, measures, and weighing or measuring devices submitted for test in the office of the state sealer, and the state standards shall be used only in verifying the office standards for scientific purposes. [1945]

Sec. 3. Safe-keeping of standards.

The state sealer of weights and measures shall take charge of the standards adopted by this act [Secs. 1-30] as the standards of the state, and cause them to be kept in a safe and suitable place in the office of the state sealer, from which they shall not be removed except for repairs or for certification,

Pa

Buying or selling by false weight; penalty. 6 Misrepresentation of merchandise; penalty 6 Compiled Laws 1929, Vol. 5-False Advertising Sec. 10529 10530

Unlawful acts

Penalty for violations

6

and he shall take all other necessary precautions fo their safe-keeping. He shall maintain the sta standards in good order and shall submit them least once in ten years to the national bureau standards for certification. [1945]

Sec. 4. Standard units of various weights and measures. Standard units of weights and measures in th state shall be:

a. The standard avoirdupois and troy weights a the units of weight from which all other weigh are derived and ascertained.

b. The avoirdupois pound, which bears to t troy pound the ratio of seven thousand (7,000) five thousand seven hundred and sixty (5,760), divided into sixteen (16) equal parts, called avo dupois ounces; the hundred weight consists of o hundred (100) avoirdupois pounds, and twen hundred weight constitutes a ton. The avoirdup ounce is divided into sixteen (16) equal parts call avoirdupois drams.

c. The troy ounce is equal to the twelfth p of the troy pound. The troy pennyweight is eq to the twentieth part of the troy ounce, and troy grain is equal to the twenty-fourth part of troy pennyweight.

d. The apothecary's pound is equal to the t pound. The apothecary's ounce is equal to twelfth part of the apothecary's pound. The apo ecary's dram is equal to the one-eighth part of apothecary's ounce. The scruple is equal to one-third part of the apothecary's dram, and grain is equal to one-twentieth of the scruple.

e. In all sales of coal, hay, and other comm ities, usually sold by the ton or fractional p thereof, the seller shall give to the purchaser weight, at the rate of two thousand (2,000) pou to the ton.

f. The standard gallon and its parts are units of capacity for liquids, from which all ot measures of liquids are derived and ascertair The liquid quart is equal to the one-fourth p of the standard gallon. The pint is equal to one-eighth part of the gallon. The gill is eq to the one-fourth part of the pint. The fluid ou is equal to the one-sixteenth part of the pint. 7 fluid dram is equal to the eighth part of the f ounce, and the minim is equal to the sixti part of the fluid dram.

g. The barrel is equal to thirty-one and one-l (3112) gallons. Two barrels constitute a hogshe

h. The standard half-bushel is the unit of capacity of substances other than liquids, from which all other measures of such substances are derived and ascertained. The peck, half-peck, quarter-peck, quart, and pint measures for measuring commodiies other than liquid are derived from the halfbushel by successively dividing that measure by

.WO.

i. Whenever wheat, rye, shelled Indian corn, barley, buckwheat, flaxseed, or oats are sold by he bushel, and no special agreement as to the weight or measurement is made by the parties, the bushel consists of sixty (60) pounds of wheat, of fifty-six (56) pounds of rye, of fifty-six (56) pounds of shelled Indian corn, of forty-eight (48) pounds of barley, of forty-eight (48) pounds of buckwheat, of fifty-six (56) pounds of flaxseed, and thirty-two (32) pounds of oats.

j. The standard yard is the unit or standard measure of length and surface from which all other measures of extension, whether lineal, superficial, or solid are derived and ascertained.

k. The yard is divided into three equal parts, called feet, and each foot into twelve equal parts, called inches. For measures of cloths and other Commodities commonly sold by the yard it may be divided into halves, quarters, eighths, and sixteenths.

1. The rod, pole, or perch contains five and onehalf (51⁄2) yards, and the mile one thousand seven hundred and sixty (1,760) yards. The chain for measuring land is twenty-two (22) yards long, and divided into one hundred (100) equal parts, called

Hinks.

m. The acre for land measure shall be measired horizontally, and contains ten (10) square chains, and is equivalent in area to a rectangle sixteen (16) rods in length and ten (10) in breadth. six hundred forty (640) acres constitute a square nile. [1945]

Sec. 5. Designation of weights and liquid measure.

Designation by weight shall be in terms of avoirlupois pounds and ounces and designation by iquid measure shall be in terms of the standard gallon, quarts, pints, or fluid ounces. In lieu thereof, these designations may be in terms of the metric ystem of weight or measure. [1945]

ec. 6. Flour, corn meal, hominy and hominy grits: Standard weight containers; exceptions.

It shall be unlawful for any person to pack or sale, sell, offer, or expose for sale in this state ny of the following commodities except in conainers of net avoirdupois weights of two (2), five 5), ten (10), twenty-five (25), fifty (50), and one hundred (100) pounds, and multiples of one hunred (100) pounds: Wheat flour, self-rising wheat lour, phosphated wheat flour, bromated flour, eniched flour, enriched self-rising flour, enriched bronated flour, corn flour, corn meals, hominy, and

hominy grits; provided, however, that the provisions of this act shall not apply to (a) the retailing of flours, meals, hominy, and hominy grits direct to the consumer from bulk stock, or (b) the sale of flours and meals to commercial bakers or blenders or for export in containers of more than one hundred (100) pounds, or (c) flours, meals, hominy, and hominy grits packed in cartons, the net contents of which are less than five (5) pounds, or (d) the exchange of wheat for flour by mills grinding for toll. [1945]

Sec. 7. Standard weight of bread loaf.

The standard loaf of bread shall weigh one pound, avoirdupois weight. All bread manufactured, sold, or offered for sale, in the form of loaves, shall be one of the following standard weights and no other, namely, one pound, one-half pound, one and one-half pounds, or multiples of one pound, avoirdupois weight; provided, however, that reasonable variations in excess and deficiency, as determined by the state sealer, be allowed; and provided further, that the provisions of this section shall not apply to biscuits, buns, crackers, rolls, or to what is commonly known as "stale bread." [1945]

Sec. 8. Butter and oleomargarine must be sold by weight; size of prints; marking requirements.

It shall be unlawful for any person to sell, or offer to sell, any butter or renovated or processed butter or oleomargarine in any other manner than by weight. It shall be unlawful for any person to put up, pack, or keep for the purpose of sale, offer, or expose for sale, or sell any butter or renovated or process butter, or oleomargarine, in the form of prints, bricks, or rolls in any other than the following sizes, to wit, one-quarter pound, one-half pound, one pound, and one and one-half pounds, or multiples of one pound. Each print, brick, or roll shall bear a definite, plain, and conspicuous statement of its true net weight, on the principal label, where there be such a label, otherwise on the outside wrapper thereof; such statement shall be in gothic type not less than one-quarter inch square. [1945]

Sec. 9. Meat to be sold by weight.

It shall be unlawful to sell, or offer to sell, except for immediate consumption on the premises, any meat, meat products, or dressed poultry in any other manner than by weight. [1945]

Sec. 10. Capacity of milk bottles; marking requirements; exceptions.

Bottles used for the sale of milk or cream shall be of the capacity of one-half gallon, one quart, one pint, one-half pint, and one gill. Bottles used for the sale of milk or cream shall have clearly blown or otherwise permanently marked in the side of the bottle the capacity of the bottle, and in

Laws 1945, Ch. 169-Weights and Measures-Continued.

the side or bottom of the bottle the name, initials, or trade mark of the manufacturer; provided, however, that certain bottle sizes not specified above, may, with the written approval of the state sealer, be used by restaurants for service of milk with meals. [1945]

Sec. 11. Fruit to be sold by weight or in standard containers.

It shall be unlawful to sell or offer to sell any berries or small fruits in any other manner than by weight, or in containers of the following capacities, when level full: One quart, one pint, or one-half pint, standard dry measure. [1945]

Sec. 12. Standard cord of firewood; loose cord loads.

A standard cord of firewood sold or offered for sale in this state shall be and contain one hundred and twenty-eight (128) cubic feet, well stowed and packed; provided, that nothing in this section shall prevent the selling or offering for sale of wood in loosely packed loads of one hundred and twentyeight (128) cubic feet where the average length of the separate pieces is less than eighteen (18) inches. Such loads shall be known as loose cord loads or standard loads. [1945]

Sec. 13. Commodities in containers under federal regulations not violations.

The sale of any commodity in a container complying with any act of Congress or the opinions and regulations issued by the secretary of agriculture and appertaining to net weight or measure does not violate the provisions of this act [Secs. 1–30]. [1945]

Sec. 14. Packages or containers: Marking requirements; exceptions.

It shall be unlawful for any person to put up any commodity or article of merchandise into a package or container, and sell or offer for sale in this state such commodity or article of merchandise in that form without having such package or container labeled in plain, intelligible English words and figures with a correct statement of the net weight, measure, or numerical count of its contents; provided, that nothing in this section shall prevent the putting up of commodities or articles of merchandise, which have been previously sold by net weight, measure, or numerical count, into packages or containers for the purpose of delivering or transporting such commodities or articles of merchandise; provided, nothing in this section shall apply to packages or containers in which soap in any form is sold or offered for sale. [1945]

Sec. 15. Containers to be free of deception.

No container wherein commodities are packed shall have a false bottom, false side walls, false lid

or covering, or be otherwise so constructed, wholly or partially, as to facilitate the perpetration of deception or fraud. [1945]

Sec. 16. False or short weight or measure unlawful.

It shall be unlawful for any person, in buying or selling any commodity or article of merchandise, to make or give false or short weight or measure, or to sell or offer for sale any commodity or article of merchandise less in weight or measure than he represents, or to use a weight, measure, balance, or measuring device that is false and does not conform to the authorized standard for determining the quantity of any commodity or article of merchandise, or to have a weight, measure, balance, or measuring device adjusted for the purpose of giv ing false or short weight or measure, or to use in buying or selling of any commodity or article of merchandise a computing scale or device indicating the weight and price of such commodity or article of merchandise upon which scale or device the graduations or indications are falsely or inaccurately placed, either as to weight or price. [1945]

Sec. 17. Penalties for violation of act; treble damages; prima facie evidence.

Any person who shall violate any of the provisions of this act [Secs. 1-30] shall be deemed guilty of a misdemeanor, and upon conviction thereof before the justice of the peace having juris diction of the offense, shall be fined in a sum not to exceed two hundred ($200) dollars, or by imprisonment in the county jail for not more than sixty (60) days, or by both such fine and impris onment. He shall also be liable in damages to the party injured by his violation in treble the amount of the property wrongfully taken or not given, and twenty ($20) dollars in addition thereto to be recovered in a court of competent jurisdic tion. The selling and delivery of any commodit or article of merchandise shall be prima facie ev dence of the representation on the part of the ver dor than the quantity sold and delivered was th quantity bought by the vendee. [1945]

Sec. 17a. Unavoidable leakage, shrinkage, etc., not a vio tion.

There shall be no violation under the act [Se 1-30], for any discrepancy between actual weig or volume at the time of sale to the consum and the weight marked on the container, or 1 tween the fill of the container and the capacity the container, if such discrepancy is due to u avoidable leakage, shrinkage, evaporation, was or to causes beyond the control of the seller actir in good faith. [1945]

Sec. 18. District attorney to prosecute.

It shall be the duty of the district attorney t prosecute all violations of the provisions of thi act [Secs. 1-30] occurring within his county. [1945)