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OVERRULED BY ww-290
where conflicts
State Department of Agrloulture
Austin; Texas
Attentiona 1. S. Buseey
Opinion No. O-3354
Rer Interpretation of Rule 5
of hrtlcle 719 of the
Penal Code providing
standard weights and
measures for loaves of
bread.
Qentlemen 8
This rill be in refersnoe to your letter of
March 17, 1941, aalling our attentLon to Rule 5 of
Article 719 of the Penal Oode of Texas, 1925, uhioh
reads as follows:
“Bread to be sold by the loaf made by
bakers engaged in the business of wholesaling
and retailing bread, shall be sold based upon
any of the following standards of weight and
no other, namely: a loaf weLghing one pound
or 16 ounoes, a loaf weighting 24 ounaes or a
pound and a half, and loaves weighing two
pounds or 32 ounoes, and loaves weighing
three pounds, or some othar multiple of one
puund or 16 ounoes. These shall be the stan-
dard of weight for bread to be sold by the
loaf. Variations, or tolerance, .shall not
exoeed one ounce per pound over or under the
said standard within a period of 24 hours after
baking. ”
You then state that:
We have always construed this portion
of the law to mean that each separate and
distinct *loaf’ of bread shall weigh either
one pound, one ,and one half pounds, or multi-
State Department of Agrioulture, page 2 O-3354
plea of one pound as set out in Rule 5 of
Article 719.
*Reoently it oame to our attention that
loaves of bread weighing approximately eight
ounoes or one half pound eaoh were being sold
in the-city of Odessa. Texas. Two of these
loaves, that is one loaf of wholewheat bread
and one loaf of white bread, were being wrapped
in oelophane wrapper and sold a,t retail for
104.
”. . .
nSlnoe this paoakge contains two separate
and distinct loaves of bread, either one of
which is in dlreot conflict with Rule 5, Article
719, would It not also bein violation of this
Statute for this package of two one-half pound
loaves of bread to be sold.
“We might further point out that these
loaves of bread were baked in pans approximately
4 x 94 inches which is about the average size
pan being used over the State ibr baking one
pound loaves of bread. Therefore, this package
is decidedly deceptive and misleading to the
public.”
Upon examination we find that the specimen loaves
of bread referred to in your letter conform exactly to the
description given, and it is our opinion that you have de-
scribed a violation of Rule 5 of Article 719 of the Penal
Code. ,
Very truly yours,
ATTORREYGENERALOF TEXAS
fi$'~.--..'. James D.’ Smullen
IAssistant
JDS: lb/p am
APPROVEDAPR 5 1941 .APPROVEDOPINION COMMITTEE
(Im4LD.c. 34~ SY BWB, .CBAIRMAN .,
ATPQRIiEYGENERAL OF TEXAS . _. -. _ . ~..~
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