The Laws of Texas, 1934-1935 [Volume 29] Page: 263 of 2,086
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FORTY-THIRD LEGISLATURE-THIRD CALLED SESSION. 9
son who in this State, in intrastate commerce, makes the first
sale or distribution of any oleomargarine.
(c) "Wholesale" or "sale at wholesale" or "sell at wholesale"
as used herein, shall mean the first sale or distribution
made by any such wholesaler and shall include the first sale or
distribution of any oleomargarine imported into this State from
another State or country.
(d) "Distribution" shall mean the first dispensation or shipment,
whether by sale or otherwise, by any wholesaler from
any place in this State, whether to another place owned by a
wholesaler or otherwise.
(e) The word "oleomargarine" shall mean all substances
heretofore known as oleomargarine, oleo, oleomargarine oil,
butterine, lardine, suine, neutral, margarine and nut-margarine;
all mixtures and compounds of oleomargarine, oleo, oleomargarine
oil, butterine, lardine, suine, neutral, margarine and
nut-margarine; all lard extracts and tallow extracts; and all
mixtures and compounds of tallow, beef fat, suet, lard, lard oil,
fish oil, fish fat, cocoanut oil, palm oil and/or vegetable oils of
any and all kinds, annatto, and other coloring matter, intestinal
fat and offal fat, if (1) made in imitation or semblance of butter
or (2) calculated or intended to be sold as butter or for
butter, or (3) churned, emulsified or mixed in cream, milk,
water, or other liquids, and containing moisture in excess of
one (1) per centum of common salt. This section shall not
apply to puff pastry shortening not churned or emulsified in
milk or cream, and having a melting point of one hundred and
eighteen (118) degrees Fahrenheit or more, nor to any of the
following containing condiments and spices; salad dressings,
or mayonnaise or mayonnaise dressings or mayonnaise products;
nor to pharmaceutical preparations, oilmeals, liquid preservatives,
illuminating oils, cleansing compounds, or flavoring
compounds.
SEC. 2. That in addition to the taxes now provided for by
law, each and every wholesaler, as defined in this Act, who is
now engaged or may be hereafter engaged in his own name, or
in the name of others, or in the name of representatives or
agents in this State, in the sale of oleomargarine as herein
defined, containing any fat and/or oil ingredient other than
oleo oil from cattle, oleo stock from cattle, oleo stearine from
cattle, neutral lard from hogs, cottonseed oil, peanut oil, corn
oil, soya bean oil and/or milk fat, shall not later than the fifteenth
day of each calendar month render sworn statements to
the State Comptroller of all such oleomargarine sold by such
wholesaler in the State of Texas during the preceding calendar
month, and pay an excise tax of Ten (10) Cents per pound on
all such oleomargarine so sold as shown by such statement in
the manner and within the time hereinafter provided.
SEC. 3. All wholesalers of such tangible oleomargarine in
the State of Texas shall file a duly acknowledged certificate with
the State Comptroller on forms prescribed, prepared and furnished
by him, which shall contain the name under which such
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1934-1935 [Volume 29], book, 1935; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth17292/m1/263/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .