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Any person selling or offering for sale any fresh or green fruit or vegetables which have been emptied from and repacked in barrels, boxes, baskets or other receptacles, shall clearly stamp or write upon the outside of such barrels, boxes, baskets or other receptacles, in a conspicuous place, the words "repacked by" and, following such words, the name of the person so repacking the said fruit or vegetables.
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.
(Added Coun. J. 12-9-92, p. 25465)
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)
Every person selling or offering for sale any service, commodity, produce or article of merchandise, sold by weight, shall keep and maintain in a conspicuous place on his premises, scales suitable for weighing such commodity, produce or article of merchandise, and shall, whenever requested by the buyer and in the buyer's presence, weigh the commodity, produce or article of merchandise sold or offered for sale.
Wherever meat, poultry or other articles of merchandise sold by weight and prepared or wrapped in advance of being sold by the retailer, are being offered for sale, an accurate computing scale of adequate capacity shall be placed or set no more than 30 feet from the prepackaged display counter or service area. A prominent and conspicuous sign shall be placed on or adjacent to the computing scale, such sign shall read "for customer use", in a type size no less than two inches in height. Where the prepackaged merchandise is marked with weight expressed in the standard avoirdupois pound and decimal fractions thereof, a conversion chart showing the correlation between the decimal fractions and common fractions of the avoirdupois pound, in a type size no less than 12-point, shall be prominently and conspicuously displayed. 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)
Every load of solid fuel of more than 1,000 pounds, or of any other commodity, produce or other article of merchandise sold in load lots by weight, delivered by vehicle within the city, shall be weighed. A certificate of weight for each such load shall be delivered by the driver or person in charge of the vehicle to the purchaser or consignee of such load, or to his or their agent, at the time of the delivery and before any of the commodity, produce or article of merchandise is removed from the vehicle, or such certificates shall be delivered to the commissioner upon the commissioner's demand.
When delivery is made, in case no person is present to receive such commodity, produce, or other article of merchandise, and if the purchaser or consignee, or his or their agent, cannot be located, then the certificate of weight hereinbefore provided for shall be posted conspicuously at the place of delivery before any of the commodity, produce or article of merchandise is removed from the vehicle.
No person shall alter any certificate of weight or attempt to use the same for any other load than the one for which the same was given, or diminish the quantity of such load after the weighing and before the sale and delivery thereof.
The weight certificate shall remain at all times on the vehicle conveying the load until it is delivered by the driver to the purchaser or posted as provided above at the point of delivery.
Ice sold in load lots by weight is exempted from all of the requirements of this section.
(Added Coun. J. 12-9-92, p. 25465; Amend Coun. J. 3-9-11, p. 113698, § 1)
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