Pennsylvania Act 1925-152 — PAINT, PUTTY AND NAVAL STORES LAW

Act text

PAINT, PUTTY AND NAVAL STORES LAW
                 Act of Apr. 10, 1925, P.L. 229, No. 152              Cl. 03
                                  AN ACT

     To prevent deception in; and to regulate the sale of, paint,
        putty, naval stores (turpentine and rosin), or any
        substitutes therefor; providing penalties for the violation
        thereof; providing for the enforcement of this act, and
        repealing an act approved the first day of June, one thousand
        nine hundred and fifteen, entitled "An act to prevent
        deception in the sale of paint, putty, turpentine, or any
        substitutes therefor, and providing penalties for the
        violation thereof."

        Section 1.  Be it enacted, &c., That no person, firm, or
     corporation shall sell or expose for sale, or offer for sale
     within this Commonwealth, any paint, putty, naval stores
     (turpentine or rosin), as hereinafter defined, or any
     substitutes therefor which is labeled or marked in any manner so
     as to tend to deceive the purchaser thereof as to its nature or
     composition, or which is not labeled as hereinafter provided.
        Section 2.  The term "paint," as used in this act, shall
     include oxide of zinc, red lead, and white lead (basic carbonate
     or basic sulphate), dry or in any kind of oil, or any compound
     intended for the same use, colors ground in oil, paste or semi-
     paste paint, and liquid or mixed paint ready for use; and all
     similar materials used as protective coatings, or for painting
     purposes.
        Section 3.  The term "naval stores," as used in this act,
     shall be defined as follows:
        (a)  "Naval stores" means spirits of turpentine and rosin.
        (b)  "Spirits of turpentine" includes gum spirits of
     turpentine, and wood turpentine.
        (c)  "Gum spirits of turpentine" means spirits of turpentine
     made from gum (oleoresin) from a living tree.
        (d)  "Wood turpentine" includes steam distilled wood
     turpentine and destructively distilled wood turpentine.
        (e)  "Steam distilled wood turpentine" means wood turpentine
     distilled with steam from the oleoresin within or extracted from
     the wood.
        (f)  "Destructively distilled wood turpentine" means wood
     turpentine obtained in the destructive distillation of the wood.
        (g)  "Rosin" includes gum rosin and wood rosin.
        (h)  "Gum rosin" means rosin remaining after the distillation
     of gum spirits of turpentine.
        (i)  "Wood rosin" means rosin remaining after the
     distillation of steam distilled wood turpentine.
        Section 4.  That when used in this act, standards of quality
     and purity of gum spirits of turpentine, steam distilled wood
     turpentine, destructively distilled wood turpentine, gum rosin,
     or wood rosin shall be those established and promulgated by the
     Secretary of Agriculture.
        Section 5.  That the following acts are hereby prohibited and
     made unlawful:
        (a)  The sale in this State of any paint, putty, or naval
     stores labeled, branded, and offered for sale in such a manner
     as to deceive the purchaser thereof, or in violation of sections
     two, three, and four of this act.
        (b)  To use in this State the word "turpentine" or the word
     "rosin" in labeling, branding, selling, or offering for sale any
     compound, derivative, or imitation of naval stores, as defined
     in section 3 of this act, unless accompanied by the words
     "substitute," "artificial," or some equivalent combination,
     conspicuously shown so as to avoid deception of the purchaser.
        (c)  The use in this State of any false, misleading, or
     deceitful means or practice in the sale of paint, putty, or
     naval stores, or of anything offered for sale as such.
        Section 6.  The label required by this act shall clearly and
     distinctly state the name and residence of the manufacturer of
     the paint, putty, or naval stores, or of the distributor
     thereof, or of the party for whom same is manufactured. Such
     label shall be printed in plain, legible type, and so far as
     possible common English words shall be used instead of technical
     terms.
        Section 7.  The label on all liquid or mixed paint shall show
     the net measure of the contents of the container; and on all
     paste and semi-paste paint sold by weight, the net weight of the
     contents of the package; or if sold by measure, the net measure
     of such contents.
        Section 8.  The label on all paints, as defined in section
     two of this act, which have been extended or reduced or
     compounded by the addition of inert extenders or other similar
     paint materials, shall be labeled with the word "compound"
     immediately following the title in conspicuous type: Provided,
     That where the percentage of oxide of zinc, red lead, white
     lead, natural colors, or natural colors ground in oil paste or
     semi-paste paint, is fifty per centum (50%) or more of the
     compound, the terms oxide of zinc, red lead, white lead, or the
     name of the natural color or natural color in oil may be
     retained on the label with the word "compound." In the case of
     natural or chemical colors, where the inert material or other
     foreign substance is a natural or normal part of the product
     itself, the word "compound" need not be added to the name of the
     title.
        Section 9.  For the purpose of this act an article shall be
     deemed improperly labeled or misbranded:
        (1)  If it be an imitation of, or offered for sale under, the
     name of another article.
        (2)  If the contents of the package as originally put up
     shall have been removed in whole or in part and other contents
     shall have been placed in such packages.
        (3)  If the package containing it or its label shall bear any
     statement, design, or device regarding the ingredients or the
     substances contained therein, which statement design or device
     shall be false or misleading in any particular.
        Section 10.  The having in possession of by any person, firm,
     or corporation dealing therein, of any of the articles
     hereinbefore described and improperly marked or not correctly
     labeled, as provided in this act, shall be considered prima
     facie evidence that the same are kept by such person, firm, or
     corporation in violation of the provisions of this act.
        Section 11.  The Department of Agriculture of the
     Commonwealth is hereby charged with the enforcement of the
     provisions of this act.
        Section 12.  The Department of Agriculture, by its
     assistants, experts, chemists, and agents, shall have access to
     all places of business, stores, and buildings used for the sale
     of paint, putty, and naval stores, as hereinbefore defined, or
     any substitute therefor, and shall have power and authority to
     open any package, can, jar, tub, or other receptacle containing
     articles subject to the provisions of this act, which may there
     be sold, offered or kept for sale, for the purpose of obtaining
     samples for chemical analysis or examination, and to determine
     whether or not any of the provisions of this act have been
     violated.
        Section 13.  Any person, firm, or corporation, or violator of
     any of the provisions of this act, or assisting or taking part
     in the violation of any of said provisions, shall be guilty of a
     misdemeanor, and upon conviction thereof shall be punished for
     each offense by a fine of not less than twenty-five dollars nor
     more than one hundred dollars.
        Section 14.  The Department of Agriculture shall from time to
     time cause to be published information obtained as a result of
     the examination and chemical analyses of samples of paint,
     putty, and naval stores, as hereinbefore defined, and the
     results of the enforcement of the provisions of this act.
        Section 15.  This act shall take effect and be in force upon
     its approval by the Governor, and the act of the first day of
     June, Anno Domini one thousand nine hundred and fifteen
     (Pamphlet Laws, six hundred sixty-five), entitled "An act to
     prevent deception in the sale of paint, putty, turpentine, or
     any substitutes therefor, and providing penalties for the
     violation thereof," is hereby repealed.