act-1925-0-152•Pennsylvania Act 1925-152 — PAINT, PUTTY AND NAVAL STORES LAW
Pennsylvania Act 1925-152 — PAINT, PUTTY AND NAVAL STORES LAW
act-1925-0-1521925 Pa. Act 152Law
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.
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