§ 43-23 — Manufacture, sale and use of milk bottles.

Typical glass milk bottles conforming to the requirements of this section may be used and reused as liquid measures in dispensing milk, skimmed milk, buttermilk or cream. Containers made of paper composition or similar substance may be used in dispensing such commodities, but shall not be used more than once. Bottles may be made in the following capacities only: Four quarts, three quarts, two quarts, one quart, one pint, ten fluid ounces, one-half pint and one gill. All such bottles shall be so made as to hold their rated capacity when filled to a well-defined mark and, when in use, shall be so filled. Each milk bottle shall be clearly and permanently marked with its capacity, with the word “Sealed” and, for purposes of identification, with the name, initials or trademark of the manufacturer and the manufacturer's mold designation which identifies the pattern or design of the bottle. The capacity designation and the word “Sealed” shall not be on the bottom of the bottle. Each manufacturer of bottles selling marked bottles in this state shall register, with the Commissioner of Weights and Measures, his name and address and the mark, designated by said commissioner, by which his bottles may be clearly distinguished from the bottles of other manufacturers. Said commissioner shall prepare a table of tolerances to be allowed in excess or deficiency on individual bottles and on the average capacity of bottles in any one lot, a copy of which table of tolerances shall be furnished to all sealers of weights and measures and to other interested persons. Any person receiving, in this state, a shipment of new milk bottles in a quantity equal to one gross or more shall immediately notify the municipal sealer of weights and measures having jurisdiction, and such sealer, being so notified, shall immediately proceed to examine a reasonable number of such bottles and shall ascertain whether the bottles are accurate in capacity within the tolerances to be allowed in excess or deficiency on individual bottles, and on the average capacity of bottles, as prepared by said commissioner. If such bottles are found to be accurate within the specified tolerances, the sealer shall notify the owner of his finding and permit the use of such bottles in this state. When he finds that the bottles are inaccurate beyond the limits of the tolerances in excess or deficiency as to individual bottles, or inaccurate beyond the prescribed tolerance for the average bottle, he shall immediately impound such bottles and hold them in his possession for a period of not less than ten days. On making such seizure, he shall immediately notify both the purchaser and the manufacturer of such bottles and, at the end of thirty days from seizure, he may destroy such bottles. Any person who, by himself or by his agent or as the servant or agent of another, violates the provisions of this section shall be subject to the penalties provided in section 43-9.

Legislative History

(1949 Rev., S. 6766; 1949, S. 2880d; September, 1957, P.A. 12, S. 1; 1959, P.A. 33; 152, S. 62; P.A. 75-168.) History: 1959 acts provided for four-quart bottles and deleted reference to county sealers of weights and measures; P.A. 75-168 authorized three-quart bottles.