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.)