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No person shall use weights, measures, scales, beams, steelyards, platform scales, pumps or other instruments or machinery for weighing or measuring any article intended to be purchased or sold in the City unless the owner of such weights or measures or scale or pump notifies the City Sealer that he has such scale, weights or measures to be sealed. It shall be the duty of persons to notify the City Sealer when new weights, measures, scales, pumps or other equipment is installed for use. It shall be the further duty of the person to notify the City Sealer when any scale, pumps, weights or measures are moved from an old location to a new address.
(Ord. 4799. Passed 12-17-56.)
No person shall sell, offer or expose for sale in the City any carton, box, lugger or package containing biscuits, crackers, cereals, meal, fruit, preserves or candy, or any other commodity, unless every such carton, box, lugger or package has stamped, labeled or printed thereon, in legible characters, the correct net weight of the quantity of the article of the food contained therein.
The City Sealer, on weighing any such carton, box, lugger or package so marked as aforesaid, if the actual weight of the quantity of the article of food contained therein is less than the quantity so stamped, labeled or printed thereon, shall seize such carton, box, lugger or package as evidence and shall enter complaint against the person selling, offering or exposing for sale such carton, box, lugger or package.
(Ord. 4799. Passed 12-17-56.)
Whoever puts up or packs goods or articles sold by weight or count into a sack, bag, barrel, case or package, or whoever puts up or fills a bottle, barrel, keg, drum, can or other container with any commodity sold or offered for sale by liquid measure, shall mark thereon in plain letters and figures the exact quantity of the contents thereof in terms of weight, measure or numerical count, provided, however, that reasonable tolerances and variations, and also exemptions as to small packages, shall be established by rules made by the Secretary of Agriculture and shall conform to those of Federal law, and provided further that this section shall not apply to such packages or containers, weighed, put-up, packed or filled in the presence of the customer.
No person, with intent to defraud, shall transfer a brand mark or other stamp placed upon a case or package by a manufacturer to another case or package or, with like intent, repack a case or package so marked, branded or stamped with goods or articles of quality inferior to those of such manufacturer.
Any article or commodity packed and sold by weight shall be sold by net weight only, and no wood, paper, burlap, cord, paraffin or other substance used for wrapping or packing shall be included as part of the weight of such commodity sold. However, nothing in this section shall prohibit making a reasonable, separate charge for any wrapper or container used in packing or preparing such article or commodity for sale, if such is agreed upon by the purchasers of such article or commodity at the time of sale.
(Ord. 4799. Passed 12-17-56.)
It shall be the duty of any person in quoting the price of any article sold to his trade over his counter, to also state the weight in pounds and ounces, in numerical count or measure as the case may be, and it shall be the duty of the City Sealer to see that this section is enforced.
(Ord. 4799. Passed 12-17-56. )
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