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C. The provisions of this section shall not apply to the following <br /> textile products when sold at wholesale in bulk by net weight: Cordage, agri- <br /> cultural bag sewing threads, twines, yarns that are to be processed, and yarns <br /> that are to be industrially converted into end use products. <br /> SECTION 33. BERRIES AND SMALL FRUITS. Berries and small fruits shall <br /> be offered and exposed for sale and sold by weight, or by measure in open <br /> containers having capacities of 1/2 dry pint, 1 dry pint, or 1 dry quart: <br /> Provided, That the marking provisions of section 18 of this Ordinance shall <br /> not apply to such containers. <br /> SECTION 34. CONSTRUCTION OF CONTRACTS. Fractional parts of any <br /> unit of weight or measure shall mean like fractional parts of the value of <br /> such unit as prescribed or defined in Sections 2 and 3 of this Ordinance, and <br /> all contracts concerning the sale of commodities and services shall be con- <br /> strued in accordance with this requirement. <br /> SECTION 35. HINDERING OR OBSTRUCTING OFFICER; PENALTIES. Any person <br /> who shall hinder or obstruct in any way the Sealer or a deputy sealer, in the <br /> performance of his official duties, shall be guilty of a misdemeanor, and <br /> upon conviction thereof shall be punished by a fine of not less than $20.00 <br /> or more than $200.00, or by imprisonment for not more than 3 months, or by <br /> both such fine and imprisonment. <br /> SECTION 36. IMPERSONATION OF OFFICER; PENALTIES. Any person who <br /> shall impersonate in any way the Sealer or a deputy sealer by the use of his <br /> seal or a counterfeit of his seal, or in any other manner, shall be guilty <br /> of,a, misdemeanor, and upon conviction thereof shall be punished by a fine of <br /> not less than $100.00 or more than $300.00, or by imprisonment for not more <br /> than 90 days, or by both such fine and imprisonment. <br /> SECTION 37. OFFENSES AND PENALTIES. Any person who, by himself or <br /> by his servant or agent, or as the servant or agent of another person, per- <br /> forms any one of the acts enumerated in subparagraphs A through I of this <br /> section shall be guilty of a misdemeanor and, upon a first conviction thereof, <br /> shall be punished by a fine of not less than $20.00 or more than $100.00, or <br /> by imprisonment for not more than 1 month, or by both such fine and imprison- <br /> ment; and upon a second or subsequent conviction thereof, he shall be punished <br /> by a fine of not less than $50.00 or more than $300.00, or by imprisonment <br /> for not more than 90 days, or by both such fine and imprisonment. <br /> A. Use or have in possession for ithe purpose of using for any commercial <br /> purpose specified in Section 9, sell, offer, or expose for sale or hire, or <br /> have in possession for the purpose of selling or hiring, an incorrect weight <br /> or measure or any device or instrument used to or calculated to falsify any <br /> weight or measure. <br /> B. Use, or have in possession for the purpose of current use for any <br /> commercial purpose specified in Section 9, a weight or measure that does not <br /> bear a seal or mark such as is specified in Section 13, unless such weight or <br /> measure has been exempted from testing by the provisions of Section 9. <br /> C. Dispose of any rejected or condemned weight or measure in a <br /> manner contrary to law or regulation. <br /> D. Remove from any weight or measure, contrary to law or regulation, <br /> any tag, seal, or mark placed thereon by the appropriate authority. <br /> E. Sell, or offer or expose for sale, less than the quantity he repre- <br /> sents of any commodity, thing, or service. <br /> F. Take more than the quantity he represents of any commodity, thing, <br /> or service when, as buyer, he furnishes the weight or measure by means of <br /> which the amount of the commodity, thing, or service is determined. <br /> - 11 - <br />