36. To establish standards of weights and measures and enforce compliance therewith. [1919]

Code Annotated (1947), Vol. 11, Title 71, Ch. 1Weights and Measures, Powers and Duties of Department of Agriculture.

Sec. 71–101. Custody of standards; enforcement of laws.

The department of agriculture shall have the care and custody of the authorized public standards of weights and measures and of balances and other apparatus of all kinds owned by the state. It shall maintain the state standards in good order and submit them at least once in every ten years to the national bureau of standards for verification. It shall compare and adjust by the state standards all county, municipal and other official standard weights, measures, balances and measuring devices which may be sent or brought to it for that purpose, and shall seal the same when found or made to conform to the state standards, by stamping upon each the letter "I" and the last two figures of the year in which the said comparison and adjustment have been made, with seals which it will have and keep for that purpose: provided, that it may refuse to compare and seal any weights, measures, balances or measuring devices as standards for any county, municipality or public offices which do not conform to the type approved by the national bureau of standards for such use. It shall enforce all laws now existing or which may hereafter be enacted in any manner whatever relating to weights and measures and false weights. [1905; last amended 1913.]

[ED. NOTE. In the Idaho Code Annotated 1947, following the foregoing section, it is stated: "Legislation on the subject of weights and measures may be found as follows: R. S., Secs. 1250, 1251; 1890-1891, p. 204; 1889, p. 142; 1903, p. 87. An act of 1905, p. 364, am. 1907, p. 340, formed the basis of R. C., Secs. 1541-1545. An act of 1909, p. 231, H. B. 172, abolished the office of dairy, food and oil commissioner, the then ex officio inspector and sealer of weights and measures, and transferred his duties to the dairy, food and sanitary inspector. An act of 1913, ch. 84, p. 241, was a more detailed law and superseded most of the former law. Its repealing clause being general, however, Compiled Laws retained some of the provisions of R. C., Secs. 1541, 1543 and all of Sec. 1545. The law was reenacted as C. L., ch. 109. It provided for a state sealer of weights and meas

ures.

"Session Laws 1919, ch. 8, Sec. 51, p. 69, repealed C. L. 109; 1; Sec. 38 of the same act (Scc. 67-3401 herein) abolished the offices of the state sealer and his deputies, and Sec. 26 (Sec. 67-2601 herein) vested their powers and duties in the department of agriculture. The substitutions of offices and officials authorized by that act have been made accordingly, the text of pre-existing law not being changed except in so far as necessary in making such substitutions.'] Sec. 71-102. Inspection of weights and measures on request; seal.

The department of agriculture may try and prove weights, measures, balances and other measuring devices on request, for any person, corporation or institution, and when the same are found or made

259

to conform to the state standards, and otherwise fulfill such reasonable requirements as it shall make, the department may seal the same with a seal which it shall have and keep for that purpose. [1913]

Sec. 71-103. Records; annual report; regulations.

The department of agriculture shall keep a record of all of the weights, measures, balances or other measuring devices, sealed or condemned by it, and shall make an annual report to the governor on or before January 1, of each year, a copy of which shall be filed with the national bureau of standards. It shall issue, from time to time, regulations for the guidance of county, municipal and all other inspectors or sealers of weights and measures, and the said regulations shall govern the procedure to be followed by the aforesaid officers in the discharge of their duties. [1913]

Sec. 71–104. Additional records and reports.

The department of agriculture shall keep records of all weights and measures, balances and measuring devices inspected, sealed or condemned by it, giving the name of the owner or agent, the place of business, the date of inspection, and kind of apparatus so inspected, sealed or condemned, and shall make a biennial report of the same to the governor on or before the first day of December, giving in addition to the above, an inventory of the standards and apparatus in its possession, and such other information as the department may deem important. [1913]

Sec. 71-105. Testing, sealing, condemning and tagging of weights and measures; fees for testing.

The department of agriculture shall try and prove all weights, measures, balances and measuring devices used in the State of Idaho, and when the same are found or made to conform to the authorized standards, it shall seal and mark such weights, measures, balances and measuring devices with a seal to be kept by it for that purpose, and issue its certificate showing that such weights, measures, balances and measuring devices have been inspected and do conform to the authorized standards. The department of agriculture shall have power to collect from all persons, firms and corporations who are using weights, measures, balances, and measur ing and weighing devices in the state of Idaho an annual inspection fee, with the exception that such fee shall be waived on devices owned by the state of Idaho. The anual fee for such inspection shall be as follows: For each portable scale one dollar; for each counter scale fifty cents; for each stationary warehouse scale two dollars; for each wagon, motor truck or stock scale five dollars; for each retail gasoline measuring device, fifty cents; for each vehicle tank under five hundred gallon capacity, seven dollars and fifty cents; for each vehicle tank over five

Code Annotated (1947), Vol. 11, Title 71, Ch. 1Weights and Measures, Powers and Duties of Department of Agriculture-Continued. hundred gallon capacity a fee of one and one-half cents per gallon. The commissioner of agriculture shall have the authority to fix a reasonable fee on all weighing and measuring devices not included in this section. Such fees shall be paid to said department at the time of the first inspection after January first of each year. A receipt shall be issued by the inspector for such payment. All fees collected under the provisions of this act shall be deposited in the said treasury into a special fund to be known as "Weights and Measures Inspection Fund," and in addition thereto the said fund shall consist of any appropriations made by the legislature of said fund; that said fund is hereby perpetually appropriated, and declared to be a continuing fund to be used by the department of agriculture in its department of weights and measures for the purpose of making such inspections as herein provided for the purchase of necessary equipment, supplies, and for the employment of such extra help as is necessary, and for the payment of such other and additional expenses as are necessarily incurred; provided, that no obligation shall be incurred under this title [Secs. 71-101-71-411] in excess of the amount available in said fund. The department of agriculture shall have the authority to inspect any measuring or weighing device as often as the department deems necessary, but only an annual fee shall be collected for such service. Where any weight, measure, balance or measuring device is found to be false or untrue, or which does not conform to the standards and yet may be repaired, it shall be marked or tagged as "condemned for repairs," and the owners or users shall have the same repaired within such time as the department may require, and any weight or measure or weighing or measuring device that has not been repaired within the required time and any weight or measure or weighing or measuring device that is, in the judgment of the department, not susceptible to satisfactory adjustment or repair, may be confiscated and may be taken into possession by the inspector of the department. Whoever shall remove any mark or tag placed on any weighing or measuring device by the department of agriculture, without its approval or consent, shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not less than twenty dollars nor more than $200.00, or imprisonment in the county jail for a period not to exceed sixty days. [1913; last amended 1947.] Sec. 71-106. Right of entry.

The department of agriculture through its officers, shall have full power to enter any premises in or on which any weights, measures, balances or measuring devices may be located or used for the purpose of trade, for the purpose of inspecting, ad

justing and sealing or condemning the same. [1913]

Code Annotated (1947), Vol. 11, Title 71, Ch. 2— Weights and Measures, Standards.

Sec. 71–201. Standards of weights and measures.

Such standard weights and measures as have been furnished to this state by the government of the United States, in accordance with a joint resolution of congress, approved June 17, 1836, and such weights, measures, balances and measuring devices as may be received from the United States as standard weights, measures, balances and measuring devices, in addition thereto or in renewal thereof, shall be the authorized standards of the state of Idaho. [1905; last amended 1913.]

Sec. 71-202. Standard units of measure: Yard; rod; pole; perch; mile; chain; acre.

The units of standard measures of length and surface from which all other measures of extension, whether linear, superficial or solid, shall be derived and ascertained, are the standard of length designated in this title [Secs. 71-101-71-411]. The yard is divided into three equal parts called feet, and each foot into twelve equal parts called inches. For measures of cloth and other commodities commonly sold by the yard, the yard may be divided into halves, quarters, eighths and sixteenths. The rod, pole or perch contains five and one-half yards; the mile, 1760 yards; the chain for measuring land is twenty-two yards long and is divided into 100 equal parts called links. The acre of land measure shall be measured horizontally and contain ten square chains, equivalent in area to a rectangle sixteen rods in length and ten rods in breadth; 640 acres being contained in a square mile. [1913]

Sec. 71–203. Standard units of weight: Hundredweight; ton; pound.

The units of standards of weight, from which all other weights shall be derived and ascertained, shall be the standard weights designated in this title [Secs. 71-101-71-411]. The hundredweight consists of 100 avoirdupois pounds, and a ton contains twenty hundredweight. Whenever, hereafter in this title, the word "pound" is used, it shall mean the avoirdupois pound, unless otherwise distinctly spec ified. [1913]

Sec. 71-204. Standard units of measure: Peck; half-peck; quarter-peck; quart; pint; half-pint.

The units of standards of measure of capacity for commodities, not liquids, from which all other measures shall be derived and ascertained, shall be the standards for such commodities designated in this title [Secs. 71-101-71-411]. The peck, halfpeck, quarter-peck, quart, pint and half-pint measures for measuring commodities which are not liquids shall be derived from the half-bushel by successively dividing that measure by two. [1913]

Sec. 71–205. Same: Half-gallon; quart; pint; half-pint; gill. The units of standards of measures of capacity for liquids, from which all other measures shall be derived and ascertained, shall be the standard liquid measures designated in this title [Secs. 71-10171-411]. The liquid gallon shall be divided by continual division by the number 2 so as to make halfgallons, quarts, pints, half-pints and gills. [1913]

Sec. 71-206. Same: Electrical measure.

The standard of electrical measures recognized by the national bureau of standards, when procured by the state, shall be the standard of electrical measures in the state of Idaho. [1913]

Sec. 71–207. Metric system legal.

The weights and measures of the metric system shall be legal weights and measures in the state of Idaho. [1913]

Sec. 71-208. Barrel, bushel sack, and bushel weights.

Whenever any of the following articles shall be contracted for, or sold, or delivered, and no special contract or agreement shall be made to the contrary, such sale and all computations for payment or settlement therefor shall be by weight.

The net weight per barrel or bushel, or divisible merchantable quantities of a barrel or bushel, shall be as follows:

Wheat flour, per barrel, one hundred ninety-six pounds; per half-barrel, ninety-eight pounds; per quarter-barrel sack, forty-nine pounds; per oneeighth barrel sack, twenty-four pounds; per onesixteenth barrel sack, twelve pounds.

Corn meal, per bushel sack, forty-eight pounds; per half-bushel sack, twenty-four pounds; per quarter-bushel sack, twelve pounds.

Of the following articles per bushel:1

Unless otherwise especially agreed upon, a cord of wood shall contain one hundred twenty-eight cubic feet, eight feet long, four feet high and four feet wide. [1913]

Sec. 71-211. Construction of contracts.

All contracts, sales or purchases hereafter made for work to be done, or for anything to be sold or delivered or done, by weight or measure, within this state, shall be taken and construed in terms of, and according to, the standards of weights and measures adopted by this title [Secs. 71-10171-411], except where parties have agreed upon any other calculations or measurements; and all statements and representations of any kind referring to the weights or measures of commodities sold or purchased, or exposed for sale, shall be understood in terms of the standards of weights or measures aforesaid. [1913]

Sec. 71-212. Sale of dry commodities.

All dry commodities, not otherwise specified in this title [Secs. 71-101-71-411], shall be sold only by standard and dry measure, standard weight, or numerical count, except where parties otherwise agree. [1913]

Sec. 71-213. Apple boxes.

A box or packet of apples shall contain 2150.42 cubic inches. [1905]

Sec. 71-214. Standard berry boxes; marking requirements.

Berries and small fruits, whenever sold in boxes, shall be sold in boxes containing a standard dry quart or dry pint, and if said boxes contain less than this amount, the information must be given to the purchaser, and such packages must be labeled with a statement of the net contents. [1913]