No person shall sell or offer for sale within the city any milk or cream in bottles, or in glass jars, unless each of said bottles or glass jars in which said milk or cream is sold or offered for sale shall have blown into it or otherwise indelibly and permanently indicated thereon in a legible and conspicuous manner the capacity thereof; and the commissioner shall have the right at any time to examine any bottle or glass jar in which milk or cream is sold or offered for sale in the city, or which is used by any person for the purpose of containing milk or cream to be sold or offered for sale, in order to ascertain whether such bottle or jar is of a capacity not less than that which it purports to be; provided, that the test of 48 bottles or glass jars to be used for milk or cream sold or offered for sale containing milk by any person shall be taken by said inspector, and this section shall be construed as having been complied with if such number of bottles or glass jars contain the full capacity herein required; provided further, however, that bottles or jars marked "quarter pint" shall contain not less than 30 drams, "half pint", not less than 62 drams, "pint", not less than 125 drams, "quart", not less than 252 drams, "three pints", not less than 379 drams, "two quarts", not less than 506 drams; and provided, further, that no bottle or glass jar shall be considered a legal measure except for the distribution of milk or cream to consumers.
Any person violating any of the provisions of this section shall be fined not less than $2.00 nor more than $100.00 for each offense, and the possession of each bottle or glass jar not so marked as provided in this section or of a lesser capacity than marked thereon and used or to be used, or which has been used by such person for the purpose of containing milk or cream to be sold or offered for sale in the city, shall constitute a separate and distinct offense.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)