CHAPTER 4. COAL DELIVERY TICKETS
IC 24-4-4
Chapter 4. Coal Delivery Tickets
IC 24-4-4-1
Sale of coal and coke; duplicate ticket; contents
Sec. 1. It shall be unlawful for any person, firm, limited liability
company, or corporation, by himself or itself, or by his or its servants
or as the servant or agent of another, to sell or offer for sale or
delivery at retail any coal or coke which is sold by weight, unless
each such delivery is accompanied by a delivery ticket and a
duplicate thereof, upon each of which tickets and duplicates thereof
shall be written or otherwise indicated:
(a) the name and address of the person, firm, limited liability
company, corporation, or association selling and delivering or
attempting to sell or deliver such commodity;
(b) the gross weight of the load, the tare weight of the
delivering vehicle, and the net amount in weight of the
commodity being delivered in such vehicle;
(c) the name or identifying initials of the party who weighed it;
(d) the state in which the coal was mined, the name of the coal,
brand or trade name, if any;
(e) the number of the vein or seam from which the coal was
taken; and
(f) the size and grade thereof, which size of all grades must be
designated according to the openings in the screens over and
through which each such size of coal is made at the place of
production.
One (1) of such delivery tickets or the duplicate thereof shall be
delivered and surrendered to the person or persons in charge of the
delivery of such load of commodities to the purchaser thereof or to
his agent or representative, and the other ticket or duplicate shall be
retained by the person, firm, limited liability company, or
corporation making such sale for a period of not less than twelve (12)
months from date of sale. All coal or coke so sold or delivered shall
consist of the kind, quality, and weight in all respects as described
and indicated in such delivery ticket and duplicate thereof, and it
shall constitute a violation of this chapter to sell or deliver or
substitute any other kind and quality or weight of coal or coke than
that so described and indicated, and proof of the sale, delivery, or
substitution of any coal or coke which is not of the kind, quality, and
weight so described and indicated shall constitute prima facie
evidence and proof of intent to violate this section.
(Formerly: Acts 1931, c.177, s.1; Acts 1935, c.278, s.1.) As amended
by P.L.152-1986, SEC.52; P.L.8-1993, SEC.347.
IC 24-4-4-2
Coal in carload lots; invoice; contents
Sec. 2. Every person, firm, limited liability company, or
corporation who produces, ships or sells coal in car-load lots in this
state shall transmit an invoice for each shipment of coal which shall
indicate plainly thereon the state in which the coal was mined, the
name of the coal or the number of the vein or seam from which the
coal was taken, and the size and grade thereof, which size of all
grades must be designated according to the opening in the screens
over and through which each such size of coal is made at the place
of production.
(Formerly: Acts 1931, c.177, s.2; Acts 1935, c.278, s.2.) As amended
by P.L.8-1993, SEC.348.
IC 24-4-4-3
Sign on delivery vehicle
Sec. 3. Upon both sides of delivery vehicles shall be displayed a
sign with letters not less than three (3) inches in height showing
name of person, firm, limited liability company, or corporation
delivering or attempting to deliver commodities as prescribed in
section 1 of this chapter.
(Formerly: Acts 1931, c.177, s.3.) As amended by P.L.152-1986,
SEC.53; P.L.8-1993, SEC.349.
IC 24-4-4-4
Division of weights and measures; delivery tickets
Sec. 4. Upon the demand of the division of weights and measures,
a deputy of the division inspector, or any peace officer, the person or
persons in charge of any such load of commodities shall deliver to
such officer all delivery tickets in the person's possession, and shall
proceed, at the direction of the officer to a suitable tested scale for
the purpose of reweighing such load of commodities to verify the
correctness of the delivery ticket.
(Formerly: Acts 1931, c.177, s.4; Acts 1935, c.278, s.3.) As amended
by P.L.2-1992, SEC.748.
IC 24-4-4-5
Violations
Sec. 5. A person who recklessly violates this chapter commits a
Class B misdemeanor.
(Formerly: Acts 1931, c.177, s.5; Acts 1935, c.278, s.4.) As amended
by Acts 1978, P.L.2, SEC.2412.
IC 24-4-4-6
Regulation by ordinance
Sec. 6. Nothing in this chapter shall prohibit any city from
regulating by ordinance the retail or wholesale delivery of coal.
(Formerly: Acts 1931, c.177, s.6.) As amended by P.L.152-1986,
SEC.54.
IC 24-4-4-7
Advertising coal and coke
Sec. 7. It shall be unlawful for any person, firm, limited liability
company, or corporation, by himself or itself, or by his or its agent
or servant, or as agent or servant of another, to advertise by any false
statement, either oral or written, or to publish or display any false
sign, printing, or writing concerning the grade, size, quality, vein or
seam, brand or trade name, name of mine in which produced, or
origin of such coal or coke sold or delivered, or offered by him, it, or
them for sale or delivery. For the purpose of this chapter, the term
"size" where used in reference to coal shall be construed to mean the
various grades into which coal is screened, namely, lump, block, egg,
nut, and screenings, and the size of all such grades of coal must be
designated according to the openings in the screens over and through
which each such size of coal is made at the place of production.
Abbreviations or words, terms, or phrases describing the size,
preparation, or origin of coal or coke shall not be included in any
advertisement as mentioned in this chapter. Any person, firm, limited
liability company, or corporation violating any of the provisions of
this section shall be subject to the provisions of section 5 of this
chapter.
(Formerly: Acts 1931, c.177, s.7; Acts 1933, c.265, s.1; Acts 1935,
c.278, s.5.) As amended by P.L.152-1986, SEC.55; P.L.8-1993,
SEC.350.