4-276-220 Stone, sand and gravel.

   Any person engaged in the business of selling crushed stone, bank sand, torpedo sand, or gravel within the city for delivery in the said city shall, in the absence of a contract or agreement in writing to the contrary, sell the same by standard avoirdupois net weight and in no other way.

   Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $100.00 for each offense. Each violation of this section shall be considered a separate and distinct offense and shall be regarded as being committed on each day on which such person shall continue or permit any such violation.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-230 Ice.

   Every person selling ice or offering ice for sale shall, at time of delivery of any ice sold, weigh the quantity of ice delivered, and for that purpose will be provided with a steelyard balance or other apparatus for weighing such ice which shall have been duly adjusted and sealed by the commissioner in accordance with the provisions of this chapter. All ice sold within the city shall be sold by avoirdupois weight unless it is otherwise specifically agreed upon between the buyer and seller.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-240 Food items to be sold by net weight – Exceptions.

   It shall be unlawful for any person to advertise for sale, keep for the purpose of sale, offer or expose for sale, or sell, except for immediate consumption on the premises, or when sold as one of several elements comprising a ready-to-eat meal, whether cooked or uncooked, any fruit or fruit products, vegetables or vegetable products, live and dressed poultry, poultry products, meat, meat products, nonliquid animal products, fish and fish products, butter, cheese and other similar dairy products, except eggs, otherwise than by standard avoirdupois net weight delivered to the purchaser or prospective purchaser; provided, however, that any fresh produce may be sold by the bunch, each or weight subject to restrictions as may be contained in the rules and regulations of the commissioner; and provided, that any of the said products, when sold in package form, shall comply with this Code's requirements for packages.

   Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $200.00 for each offense. Each violation of this section shall be considered a separate and distinct offense and shall be regarded as being committed on each day on which such person shall continue or permit any such violation.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-250 Reserved.

Editor's note – Coun. J. 3-9-11, p. 113698, § 2, repealed § 4-276-250, which pertained to the definition of weight.

4-276-260 Food packaging – Weight and price marking.

   All packages of meat, meat products, poultry, poultry products, fish, fish products, nonliquid animal products, cheese, fruits and vegetables prepared and wrapped by the retailer in advance of being exposed or offered for sale by the retailer shall be accurately weighed and, in addition to the net weight marked thereon, shall be marked with a unit price, and the total selling price. The unit price shall be calculated using the same unit of weight for all similar packaged products.

   Provided however, that fresh produce items such as heads of lettuce, cabbage or items as specified by the rules of the commissioner, wrapped in transparent material, shall not be considered packaged as defined in this section.

   Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $200.00 for each offense. Each violation of this section shall be considered a separate and distinct offense and shall be regarded as being committed on each day on which such person shall continue or permit any such violation.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)

4-276-265 Country of origin.

   Any retailer that offers for sale or sells any covered commodity shall inform consumers of the country of origin of the covered commodity in accordance with Subtitle D of the Agricultural Marketing Act of 1946, codified at 7 U.S.C. 1638, et seq., as amended (for purposes of this section, "Act") and regulations promulgated thereto. Provided, however, the requirement of this section shall not apply to any retailer that is not required to inform consumers of the country of origin of covered commodities under the Act. For purposes of this section, the term "covered commodity" shall have the meaning ascribed to it in Section 1638 of Title 7 of the United States Code.

(Added Coun. J. 3-9-11, p. 113698, § 1)

4-276-270 Reserved.

Editor's note – Coun. J. 3-9-11, p. 113698, § 2, repealed § 4-276-270, which pertained to transparent wrapping.

4-276-280 Requirements for meat or poultry.

   It shall be unlawful to advertise, offer for sale, or sell any perishable meat or poultry prepackaged or otherwise, except processed meats and poultry such as sausage, luncheon meat, smoked or cooked meat, poultry rolls or canned poultry, unless it complies with standards established by the United States Department of Agriculture.

   Failure to comply with United States Department of Agriculture standards in the advertisement of or on the product or package offered for sale or on a sign describing the meat or poultry being offered for sale is prima facie evidence of a violation of this section.

   Any person violating any of the provisions of this section shall be fined not less than $25.00 nor more than $200.00 for each offense. Each violation of this section shall be considered a separate and distinct offense and shall be regarded as being committed on each day on which such person shall continue or permit any such violation.

(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)