INSPECTIONS 2081

(1) "Serious Defects" refers to eggs, allowed as tolerance, having air.
cell deeper than one-half (1/2) inch or movement of air cell more than
one-half (1/2) inch when twirled before the candler; or having white that
is not clear and not reasonably firm, or having yolk that is freely mobile
and with clearly visible germ development.

(2) "Retailer" is any person selling to consumer.

(3) "Consumer" means any person purchasing or otherwise acquiring
eggs for purposes other than re-sale, such as household, restaurant, bakery,
hotel, inn, hospital or any public or private institution, organization,
transportation company or any camp.

1935, ch. 375, sec. 130F.

149. Any person, firm, association or corporation that violates any
of the provisions of this sub-title, or any rule or regulation made there-
under for its enforcement, or who fails or refuses to make proper reports,
or who reports falsely or with intent to deceive in answer to any of the
requirements of this sub-title, or who interferes with said State Board of
Agriculture, its agents or employees, in the enforcement of the provisions
of this sub-title, shall be deemed guilty of a misdemeanor, and, upon
conviction thereof, shall, for the first offense be subject to a fine of not
less than five ($5.00) dollars nor more than fifty ($50.00) dollars, and
for any second or subsequent offense shall be subject to a fine of not less
than fifty ($50.00) dollars nor more than one hundred ($100.00) dollars.

1935, ch. 375, sec. 2.

150. If any of the provisions of this sub-title or any sections or parts
thereof shall be held to be invalid for any reason, such holding shall not
be construed as affecting the validity of any remaining section or part of
a section of this sub-title. ¹

Boiler Rules.

1920, ch. 676, sec. 1. 1939, ch. 718, sec. 131.

151. The Board of Boiler Rules shall consist of three members, two of
whom shall be appointed to the Board by the Governor, one for a term
of two years, and one for a term of three years. At the expiration of their
respective terms of office their successors, identifiable with the same inter-
ests, respectively as hereinafter provided, shall be appointed for terms of
four years each. Upon the death or incapacity of any member the Governor
shall fill the vacancy for the remainder of the term likewise with a repre-
sentative of the same interests with which his predecessor was associated.
Of these two appointed members, one shall be representative of the owners
and users of boilers within the State, one a representative of a boiler in-
spection and insurance company licensed to do business within the State.
The third member shall be the Commissioner of Labor and Statistics, who
shall be the chairman at his discretion or the Board shall elect one of its
members as chairman, and shall meet at least twice yearly at the State
capitol, or other place designated by the Board. The Board shall formulate
rules and regulations for the safe and proper construction, installation,
repair, and use of boilers in this State. The word boiler as mentioned

¹ Sec. 3, ch. 375, acts of 1935, repealed all laws inconsistent therewith to extent of
such inconsistency.