|Table of Contents|
Front Cover 1
Front Cover 2
Letter of transmittal
Table of Contents
Back Cover 1
Back Cover 2
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U. S. DEPARTMENT OF AGRICULTURE,
i J !lll l' ,i^.i ... .... iii" ,,,' i^' l ^' "',, I ,, A' i, id ,i,'" ' .. .. .
iUMa OF CHmEr-BusTIN No. 6 (R eised), PART IV.
H. W. WILEY, Chief,
S AiND, FOOD CONTROL
SVIS DTO r T 1 1905.
IV. LAWS OF MICHIGAN, MINNESOTA, MISSISSIPPI,
MISSOURI, MONTANA, NEBRASKA, NEVADA,
AND NEW HAMPSHIRE.
By W. D. BIGELOW,
CHIEF, D1YISION OF E1OD&s
GOVERN"MENT PRINTING OFFICE.
ii. Hl R f JB1 i H HI l *
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'"wiM... *** s ^'ll~l~~lyi FO|^ "lipS fCtO NT R O L
LETTER OF TRANSMITTAL.
U. S. DEPARTMENT OF AGRICULTUE,
BUREAU OF CHEMI
Washington, D. 0., October 15, 1905.
SIR; I have the honor to transmit herewith for your approval a
manuscript containing the food laws of Michigan, Minneso, Mi
sissippi, Missouri, Montana, Nebraska, Nevada, and New Hamp
this compilation having been revised to July 1, 1905. recom-
mend its publication as Bulletin No. 69 (Revised), Part IV, of the
Bureau of Chemistry.
H. W. WLEY, Chief.
Hon. JAMES WILSON,
Secretary of Agriculture.
General food laws ...................................... ........... 273
Alcoholic liquo rs ..................................................... 279
andy .....................................-------------........----------.............------...----------------- 280
Buckwhe flur.lfood laws) ........................................ 280
Coffe(see General food laws).--.--- ---------------------------- 280
Dairy products and foods in general ------------...................--- .............. 281
Jellies, canned goods, etc. (see General food laws) .................... 294
Lard (see General food laws)-- .............-------------------.. 294
Maple products -----------------------------............................-...........-------......------... 294
M eat ..... --...........---...... ..... ................................ 294
Pepper-- - -- .......... ww ............. 297
Syrup .............-----...........................-----------------------------------............. 304---
S------..................... ...........------------ .........-- ------- 3
Digest and ruli .................................................... 3105
Dair productsic------------ ------------------ -----------------31
Minoneyota--------------- ------------------ ---------------------- :308
General food laws------------------ --..............-------...------... 309----
Baking powder ............... .......................................... 314
Snfetionery...................................----------------- ------..................... - 31
Dairy n l i-cts....................................................... 314
Honey .............................................................. 31------------------
Al,~ Coholicbevr-e--*----i..ele----r t---------------------------- ,,, 326il
rIesLd .Ai* ,,ll ,ll,,l,3 ,,,,,-:--:--: **,, ,--r-* -**--*- *------331 -
ard .----------...---- ..----........-....--......---...-----...-.... ----.......--.. 31
Meats ....r ...... ........----------- 321
forrpl. .d.. . ............ ................ ....... 320
....... ................................................... 3 4
Syrup e, ........................ ......................... 320
Directions for sampling and labeling................................... 322
m issippi L ---- ----------- ------------...................-....... 324-------
General food laws..................................................... 324
Alcoholic beverages.................................................. 3126
General food laws ...-..-.-------. -------... -- -.----3--- --3427
dAlcoholic beerage -....---................................. ........ 3428
Bread ----- w...................................................... 31L
Candy. .............................................................. 332
Sairy I I I I I I I I I I I.................................I ..................... 12
Flour,- grain, I..--......-..... .......----............ i.... ....- ........ 337
ontana ....... ......................................................... 40
eneral food laws..................................................... 321
Candy ............................................................... 340
Dairy products - --........................-- 340
Meatand milk --............................................ -.- 1
Water. ---------...... --..-- ..--------.......--------- ----------.-."--- ^| 346"Il"is
Nebraska..............-- .....--...................................... 347
General food laws...................................... 347
Alcoholic beverages ...-- ...-.---.. -----....-...-...... ....... 351
Cider ..... ..... .352
Cider.................... ................................... ..
Dairy products ....- ....-.........................-.............-.. 352
W ater ..........357.................... .... ... .................. .. 3
--Dairy prodcts..----------------------------------------------- 35
Meeat------ -- ---------- ----- --,-----,-- -----,,---------------380 I~,
General food law ----.............----.......--..-....-...........-. 358
Dairy products........... ......................................,....... 3 58
M t......- --------------------..................--.. -------.. ........- .
ew Han hire ............--.........---- -..-.............................-- 36
General food laws ------------ -- -- ---------------------..--... .-.-. 362
Alcoholic liquors................................................. 364
Dairy products---..----..-....---...-....-........-.........-...... ---
Mapleproducts and vinegar............ -............................ ...
ater and ic --------------...............................--------------------------......................... 37
Water and ice ........................................................ 371
s~i *.. s ....I" l J
isllir~~ls:;; 1. ui|ll
FOODS AND FOOD CONTROL-IV.
Revised to July 1, 1905.
IV. Laws of Michigan, Minnesota, Mississippi, Missouri, Montana,
Nebraska, Nevada, and New Hampshire.
The food laws of this State are administered by the State dairy and
cominssioner. In response to a letter of inquiry, the following
satement was received from Mr. A. C. Bird, the present corn-
In reply to your letter of August 14, I would say that after seven months' expe-
ass commissionerof the dairy and fo department of this tae I am convinced
that t Michigan food and dairy laws are very efficient for the purposes intended
wn properly administered. It has been the policy of the department under my
supervison to secure the cooperation of the honest manufacturers and jobbers in the
' enfore nt of the law. The department has been successful in working out this
Sof cooperation, and it is my firm helief that the Michigan markets are to-ay
thoroughly idof adulterated food product than ever before.
A dairy lines the department has been enabled to do work of wider scope than
er before, owing to the new legislation enacted in March of this v~e r. I am send-
you under separate cover a copy of a recent compilation of the dairy and fod
la of this State, which gives a cler ide of the possibilities of our work along
lines. The department now has eight regular inspectors and seven secial
insptrs constantly at work, and they are covering the State most etficiently. The
dt holds monthly educational scoring contests to which every creamery,
Sfctory, and private producer of butter in the State is invited to cntribute.
contests are growing in popularity, and a great numer of samples are sco
every month. The daiy interests of the State have een greatly enefited.
GENERAL FOOD) LAWS.,
5010. (1) Adulteration of food for sale. That no person shall within this State
anfacture for sale, have in his possession with intent to sell, offer or expose for
sale, or sell, any article of fo which ism aulterateo, within the meaing of thisact.-
As by Adt N. ., P. A. 1 7, p. 1U.
S 011. (2) Pod dfined. The term food, as used heein, shall include all aricls
Suse for food or drink, or intended to be eaten or drank by man, whether mitmple,
mix~ or mpound.
)012. (3) Adulterio defined. An article shall be deemed to be adulterated
within the meaning of this at: Ft, f y or utances have ven
See also Dry P ucts.
274 FOODS AND FOOD CONTROL.
mixed with it, so as to lower or depreciate or injuriously affect its q
or purity; Second, If any inferior or cheaper substance or substances
stituted wholly or in part for it; Third, If any vauable or n c or
ingredient has been wholly or in part abstracted from it; Fourth, If it i
tion of, or is sold under the name of another article; Fifth, If it whlly or
in part of a diseased, decomposed, putrid, infected, tainted or rotten animal or
table substance or article, whether manufactured or not, or, in the c of milk, if it is
the product of a diseased animal; Sixth, If it is colored, coated, polished or powdere,
whereby damage or inferiority is concealed, or if by any means it is to appear
better or of greater value than it really is; Seventh, If i contains any sub-
stance or ingredient which is poisonous or injurious to health: Provided, That noth-
ing in this act shall prevent the coloring of pure butter: And provided
the provisions of this act shall not apply to mixtures or compounds as
ordinary articles or ingredients of articles of food, if each and every sold or
offered for sale bear the name and address of the manufacturer and be distinctly
labeled under its own distinctive name, and in a manner so as to lainly and correctly
show that it is a mixture or compound, and is not in violation wi definition fourth
and seventh of this section.-As amended by Act o. 118, P. A.1897, p. 18.
5013. (4) Lafui butter defined; penalty. No peon, by himself or his agents or
servants, shall manufacture for sale or offer or expose for sale, or sell, as butter, and
the legitimate product of the dairy or creamery, any article not made exusively o
milk or cream, but into which the oil or fat of animals or any other oils not produced
from milk, enters as a component part, has been introduced to take the place of
cream. Whoever violates the provisions of this section shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be punished by a fine of not le
than fifty nor more than five hundred dollars and the costs of prosecution, or by
imprisonment in the county jail or the State House of Correction and Reformatory
at lonia for not less than ninety days nor more than two yers, or by both such fine
and imprisonment in the discretion of the court, for each and every offense.
5014. (5) Lawful cheese defined; penalty. No person shall manufacture deal in, sell,
offer or expose for sale or exchange any article or substancein the semblance of
or in imitation of cheese made exclusively of unadulterated milk or cream, or both,
into which any animal, intestinal or offal fats or oils, or melted butter in any condi-
tion or state, or modification of the me, or oleaginous substances of any kind not
produced from unadulterated milk or cream shall have been introduced. Whoever
shall violate the provisions of this section shall be deemed guilty of a or,
and upon conviction thereof shall be punished by a fine of not les than fifty nor
more than five hundred dollars and the costs of prosecution, or by imprisonment in
the county jail or the State House of Correction and Reformatory at onia for not
less than ninety days nor more than two years, or by both such fine and imprison-
ment in the discretion of the court, for each and every offense.
5015. (6) Fu1ll ilk cheese" to be branded as ; registration; paly. Every
manufacturer of full milk cheese may put a brd upon each c nditing
" Full milk cheese," and no person shall use uch a brand upon any made
from milk fromi which any of the cram has been ken. It shall be the duty of the
proprietor of every cheese factory, creamery or butter factory i the ate, where
milk or crear is purchased of or contribut by three or more perons, to register
the location of such cheese factory, creamery or butter factory, and the name of it
owner or manager, with the Dairy and Food Co isioner, on or before the fi
day of October, A. 1). eighteen hundred and ninety-seven, and o or before the fir
day of pril in each year thereafter. Whoever violates any of the provisions of this
section, in so far as it relates to registration, shall be deemed guilty of a mi
meanor, and for each and every offense shall be punished by a fine of not
five dollars nor more than twenty-five dolars and the costs of or
imprisonment in the county jail for not more than thirty days, or both.-As
amended by Act No. 118, P. A. 1897, p. 129.
01. (7) mmissioner to issue brandsfor eese. The Dairy and Foo Commis-
shall procure and issueto the cheese manufacturers of the State, on proper
which application shall be made on or before the first day of October,
teen hundred and ninety-five, and on or before the first day of April in
thereafter, and under such regulation as to the custody and use thereof as
y prescribe, a uniform stencil brand, bearing a suitable device or motto, and
"Michigan full cream cheese." Every sch brand shall be used on the
outsid of the chee, and upon the package containing the sme, and shall ear a
separa number for each separate factory. The said commissioner shall keep a
Sin which shall be registered the name, location and number of each manufac-
Suing the brand, and the name or names of persons at each factory authorized
use the same. No such brand shall be used on other than full crea cheese or
S containing the same. The commissioner shall receive a fee of one dollar
f each registration, said fee to be paid by the party applying for the same, which
t s be accounted for and used as a part of the fund appropriated for the
nrcement of the laws of this State, with which the Dairy d Food Commissioner
017. (8) le brands. No person shall knowingly offer, sell or expose for sale,
any package, cheese which is falsely branded or labeled.
518. (9) Lafud lard defined. No person shall within this State manufacture for
l, have in his p on with intent to sell, offer or expose for sale, or sell as lard
substance not the legitimate and exclusive product of the fat of the hog.
5019. (10) le of lard imitations regate; labels. Every persn who manufac-
for sle, has in his on with intent to sell, offers or exposes for sle, or
any substance made in the semblance of lard, or as an imitation of lard, nd
whic consists of ay mixture or compound of animal or vegetableils, or fats other
n hog fat, in the form of lard, shall cause the tierce, barrel, tub, pail or package
ntaining the same to be distinctly and legibly branded or labeled "Lard sbstitute
or compound," and every person who manufactures for sale, has in his possession
wi intent to sell, offers or exposes for sale, or sells, any substance made in the
smblance of lard or a an imitation of lard, or as a substitute for lard, and which is
" dsiged to take the place of lard, and which consists of any mixture or compund
lard with animal or vegetable oils or fats, shall cause the tierce, barrel, tu, pail
orpa ge containing the same to be distinctly and legibly branded or labled either
"Adulterated lard" "Lard compound," or "Lard sbstitute." Such brands or
bel shall be in letrs not less than one inch in length and shall e followed with
the name of the maker d fatory, and the location of such factory.
020. (11) Packages containing lardsustitte to la Every dealer or trader
who, b himself or agent, or a the servant or agent of another prson, offers or
ex for sale, or sells, any form of lard sutitute or adulterate lard, a herein-
e defined, shall securely afx or cause to be aixed to the ackae wherein the
is contained, offered for sale or sold, a lab, upn th outside and fae of which
is dit y and legibly printed in letters not les tha one-half inch in length, the
words, "Lrd subtitute" or "Adulterated lard" or "Lard co ound," or other
appropriate words, which shall correctly express it natre and use.
5021. (12) on of muabed lad wsutitutes. The haing in posession of any
lard substitute or adulterate lard or lard cod, s heinefor defined, which
is not branded or labeled as lereinbefore required and directed, upon the part of
any dealer or trader, or any person engaged in the public sale of such articles, shall
e for tepurose of act dee pria fade e vidence of intent to ell te sal e.
(13) Laftl jely defined: bl; p t. No person, fin or corportio
in this State shall manufacture for Nale, or sell, or offer or extpoe for sale s fruit
276 FOODS AND FOOD TROL.
jelly or fruit butter, any jelly or imitation fruit butter, or other simar compound
made or composed in whole or in part of glucose, de
stances, and colored in imitation of fruit jelly or fruit ; or
jelly, fruit butter or compound be manufactured or sold, or
any name or designation whater, unless the same shall be
ingredients not injurious to health and shall not be colored i
and every can, pail or package of such jelly or butter sold in
tinctly and durably labeled "imitation fruit jelly or butter," with
manufacturer and the place where made. Whoever violates the provisions of this
section shall be deemed guilty of a misdemeanor, and when con
be punished by a fine of not less than fifty nor more than five h
by imprisonment in the county jail or State House of Correction and
Ionia for not less than ninety days nor more than two years, or b
and imprisonment in the discretion of the court.
5023. (14) Caned good to be labeled. No packer or dealer i
fruits and vegetables, or other articles of food shall sell or offer r s
articles, unless such articles shall be entirely free from sui i
deleterious to health, and unless such articles bear a mark,
bearing the nae and address of the firm, person or corporation that
All "soaked or bleacied goods," or goods put up from products
ning, shall be plainly marked, branded, stamped or labeled as such,
"Soaked or bleached goods," in letters not less than two-line pica in size,
the name of the article and the name and address of the packer.
5024. (15) Coffee copounds and mixtures o be labeled as s ; m s
No person shall manufacture or sell, or offer for sale, any man or
coffee berry in imitation of the genuine berry. No person shall
or offer or expose for sale, any ground or prepared coffee, whih is wit
chicory or othe ubstance not injurious to health, unless aca a
be distinctly labeled or marked "Coffee compound," together with the
addres of the manufacturer or compounder thereof, and has no other
ever name or designation. No prson shall offer or expose r s, or inhi
posson with intent to sell, or sell, any molasses, syrup orlucose, the bar
rel, cask, keg, an or pail containing the same shall be distinctly or
with the true and appropriate name; nor shall any person offer or ex
have in his possession with intent to sell, or sell any mo or syr
glucos, unless the barrel, cask, keg or pail containing the same be d
or labeled "(lucose mixture," and the per cent in which glucose ens
position. Such arrel, cask, keg or pail shall be branded or labeled in
plae; and such brands or labels shall be in letters of not less than o f ih in
ength. Glucose and glucose mixtures shall have no other designato t
required.-A amended by Act No. 118, P. A. 1897, p. 1t 9
5025. (16) Impre liqur prohibited. No person shall within thistate f-
ture, brew, distil, have or offer for sale or sell any spirituous or ferme d or
liquors, containing any substance or ingredient not normal or health t exit
spirituous, fermented or t liquors, or which may be deleterious or
health when such liquors are used as a beverage.
5026. (17) rder for ftre deliery deeed a ale. The taking of
making of agreements or contracts, by any person, firm or corp tion, or by any
agent or repesentative thereof, for the future delivery of any of the articles
u ts, goods, wares or merchandise embraced within the provisions of
be deemed a sale within the meaning of this act.
5027. (18) Fse branding or labling. Whoever shall falsely mi
or label any article or product required by this act to be branded,
or labeled, or shall remove, alter, deface, mutilate, obliterate, imitate or counterfeit
any brand, mark, stencil or label so required, shall be deemed uilty of a mide-
and upon conviction thereof shall be punished by a fine of not less than one
hundred nor more than one thousand dollars and the costs of prosecution, or by
imprisonment in the county jail or State House of Correction and Reformatory at
than six months nor more than three years, or by both sch fine
and imprisonment in the discretion of the court for each and every offense.
) Whoever shall do any of the acts or things prohibited, or
wilfu or refse to do any of the acts or things &ijoined by this act, or in
violate any of its provisions, shall be deemed guilty of a miseeanor, and
specific penalty is prescribed by this act shall be punished by a fine of not
twenty-five nor mor than five hundred dollars, or by imprisonment in the
y jail or a period of not more than ninety days, or by both such fine and
it in the discretion of the court.-As amendd, Act No. 117, P. A. 1899,
(20) forcement of law. It shall be the duty of the Dairy and Food Com-
missior of the State to investigate all complaints of violations of this act, and take
py to its enfor ement It shall be the duty of all prosecuting officers
S State tprosecute to completion all suits brought under the provisions of this
t upn the complaint of the commissioner or of any citizn. It shall be the duty
all inspectors in cities to examine all complaints made to them of violation
act, and to render assistance in enforcing its provisions. It shall also be the
duty of all health boards in cities and health officer in townships to take cognizance
of and report or prosecute all violations of this act that may be brought to their
i or they may have cognizance of, within their jurisdiction.
P. A. 1895; Compiled Laws, vol. 2, p. 1585.
44. Unwholesone provision. If any person shall knowingly sell any kind of
dised, corrupted or unwholesome provisions whether for meat or drink, without
mak tsame fully known to the buyer, he shall be punished by imprisonment
in county jail not more than six months, or by fine not exceeding two hundred
SPenalty forfraudulent adulteratio offood. If any pern shall fraudulently
ulterate, for the purpose of sale, any substance intende for fod, or any wine,
irit alt liquor, or other liquor intended for drinking, he shall b punished by
imrism t in the county jail not more than one year, or by fine not exceeing
three hundred dollars, and the article so adulterated shall be forfeited and destroyed.
11406. Penalty for fraudent adulteration of dr. If any person shall fraudulently
for the purpose of sale, any drug or m icine, in such manner as to ren-
drthe sa injurious to health, he shall be punished by imprisonment in the county
jail ot more than one year, or by fine not exceeding four hundred dollar, and such
Iadu d drugs and medicines shall be forfeit and destroy.
114. Additionof injrios ingrediets to food. No lprson shall mix, color, stain
or powder, or order or permit any other person to mix, color, stain or powder
article of fod with any ingredient or aterial s as t render the article inju-
S health, with te inten t the sae may e sold; and no person shall
ow ly sell or offer for sale, any such article so mixed, olored, stained or
147 Adi f foreningdents to d U.. No peon shal, except efor th
p of com unding in the n ry preparation f icine, mix, olor, stain
opowder, or order or permit any other prson t iix, color, stain or tpwder any
drgor dicin with any ingredient or ingredients or materials so as to affect inju-
th qualtyor potencyof such drugor ediine, with intent to sell the sae,
or shall sell or offer for sale any such drug or ediine so mixed, colored, stained or
aNot under jurisdiction of "airy and food connissioner.
978 FOODS AND FOOD OONTROL.
11428. audule adulteration of food or drugs; labl. No
stain or powder any article of food, drink or medicine, or any article which enters
into the composition of food, drink, or medicine, with any other
a, whether injurious to health or not for the purpose of gain or
offer the same for sale, or order or permit any other person to or o
any article so ixed, co stained and powdered, unless the sae be so mnu-
factured, used or sold, or offered for sale under its true and appropriate name, and
notice that the same is mixed or impure is marked, printed or each
package, roll, parcel, or vessel containing the same, so as to be and remain at all
times readily visible, or unless the person purchasing the same is by
the seller of the true name and ingredients (if other than such as are known by
common name thereof), of such article of food, drink or medicine at the t
making sale thereof or offering to sell the same.
11429. Glucose and oleomargarine, etc., adulterants; labels. No
any glucose or grape sugar with syrup, honey or sugar intended for hu n food, or
any oleomargarine, suine, beef fat, lard, or any other foreign suwith any
butter or cheese intended for human food, or shall mix or mingle a glucose or
grape sugar or oleomargarine with any article of food, without dy marking,
stamping or labeling the article, or the package containing the with the true
and appropriate name of such article, and the percentage in which or grape
sugar, oleomargarine or suine, enter into its composition; nor shall any peon sell,
or offer for sale, or order, or permit to be sold, or offered for sale, any food into
the composition of which glucose, or grape sugar, or oomargarine, or suine
entered, without at the same time informing the buyer of the fact, and the propor-
tions in which such glucose or grape sugar, or suine has entered into
11430. Penalty. Any person convicted of violating any provision of any of the
foregoing sections of this act shall be fined not more than fifty dollars or imprisoned
in the county jail not exceeding three months.
11431. Prosecution. It is hereby made the duty of the prosecuting attorneys of
this state to appear for the people and to attend to the prosecution of all complaints
under this act in all the courts in their respective counties.
ompiled Laws, 1897, vol. 3, pp. 3404 and 3409.
8c. 1. Food products containig preservatie must be so labeled. No firm or
corporation shall manufacture, sell, offer for sale, expose for sale, or have in is pos-
session with intent to sell, any food product containing benzoic acid or benoate of
sodium, or any other harmless preservative, nless each and every pac contain-
ing the sme shall, in the condition in which it is exposed for sale, d ctly, con-
spicuously, and leibly branded, labeled or marke, in plain English with
the words "Preared with" followed by the proer English name of the p
tive used: Provided, That nothing in this act shall be construed to p t or u-
late, by branding or otherwi, the use as a preservative of co yrup,
sugar, salt petre, spices, alcohol, vinegar or wood smoke: Andd furt
Tat the provisions of this act shall not apply to iry roducts.
Sp. 2. Penalt. Whoever shall do any of the acts or things prohibited, or n
or refuse to do any of the acts or things required by this act, or in any way vilate
any of its provisions, shall be deemed gilty of a midemeanor, and shall be pun
ished by a fine not less than ten dollars nor more than one hundred d or by
imprisonment in the county jail for a period of not more than ninety days, or by
both such fine and imprisonment in the discretion of the court.
This act is ordered to take immediate effect
Approved February 24, 15. Public Acts 1905 [No. 7], p. 9.
5403. (25) Adulteration of liquors declared a misdemeanor; penalty. If any person
adulterate any spirituous or alcoholic liquors used or intended for drink by
mixing the same in the manufacture or preparation thereof, or by process of rectify-
ing, or otherwise, with any deleterious drug, substance, or liquid, which is poison-
ous or injurious to health, except as hereinafter provided, or if any person shall sell,
or offer to sell, any wine, or spirituous, or alcoholic liquors, or shall import into this
any wine or spirituous or intoxicating liquors, and shall sell or offer for sle
liquors, knowing the same to adulterated, or shall sell or offer to sell any
s or intoxicating liquors from any barrel, cask or other vessel containing the
and not branded as hereinafter provided, he shall be deeed guilty of a
mid eanor, and upon conviction thereof shall be punished by a fine not exceeding
ive hundred dollars, nor less than fifty dollars, and shall be imprisoned in the jail
f te county not more than six months nor less than ten day,.
1,40. (26) Pure liquors to be labeled. It shall be the duty of every person or per-
sos e d in the manufacture and sale of malt, spirituous or alcoholic liquors, or
irectifying or preparing the same in any way, to brand on each barrel, ask, or
el containing the same, the name or names of the person, company, or firm
manufacturing, rectifying, or preparing the same, and also these words, "Pure and
t drugs or poison."
40. (27) Sale of unbranded liqurs. No person shall sell at wholesale or retail
any ale, rum, wine, or other malt or spirituous liquors from any barrel, cask or
vessel unless the same shall have been branded and marked as aforesaid.
(28) ofunbranded package. If any barrel, cask or other vessel
contang any drugged or poisoned liquor shall be found in the ps on of any
wholaor retail dealer in liquors, or in the ss on of any person holding him-
self such a dealer, it shall be deemed pria facie evidenc of the violation of
the provisions of this act.
7. (29) False branding. Any person who shall put into any barrel, cask or
branded or marked as required by this act, any liquors drugged or
terated as aforesaid, or who shall sell or offer for sale any such liquors, for the
purpe and with the intent of deceiving any person in the sale thereof, or shall
l viaany of the provisions of sections twenty-six, tenty-ven or twenty-eight of
Sshall be deeed guilty of a misdem nor, and upon conviction thereof shall
be ed as provided in section twenty-tive of this act.
(30) empion. The provisions of this act shall not he so construd as to
prevent druggists, physicians, and persons engaged in the mehanical ars from cm-
ing luors for medicinal and echanical purposes.
Extract from Act 313, P. A. 1887; Compiled Laws, 1897, vol. 2, p. 1706.
1. Compoundflour t e labeled Within this State no person shall manufac-
ture, ofeor expose for sale, keep in p eon with intent to sell, or sell any ground
buckwheat containing any product of wheat, corn, rice or other foreign substance,
u s each and every pakage thereof distinctly and legibly brand or labeled
"Iwheat Flour Compound in letters not leq than one-half inch in length and
be followed with the name of the maker and factorand the ation of such factry.
Sp.- 2. Syle of labels. Any brand or label hein required shall Ke a inseparabie
part of the general or distinguishing lal, and such la sall that principal and
conspicuous sign under which it is sold, and any other label or printed matter upn
tpackage shall not be in contraventiof the requirements of this act.
a See General Food Laws., see. 5025 p. 276.
280 VooDS AND FOOD CONOL.
SEc. 3. P intent tosell.T having in
wheat flour compound, whi is not branded or labeled as
and directed upon the part of any person a i li ia al f
intent to sell the same.
SEC. 4. C ra, orders, etc., deemed a ale. The taking f orders or the making o
agreements or contract by any person, firm or corporation
sentative thereof, for the future delivery of buckwheat fial
deemed a sale within the meaning of this act.
SEc. 5. Penalty. Whoever shall do any of the act or things
or refuse to do any of the acts or things enjoined by this act, or
any of the provisions, shall be deemed guilty of a misde r,
ished by a fine not less than twenty-five dollars nor more than o h dll
or by iison ntn the county jail for a riod of not less
than ninety days or by both such fine and imprisonment in
SE. 6. Repeal. Act number eighty-four of the public acts ofhundred
ninety-seven, entitled "An act to prohibit and prevent a f
deception in the manufacture and sale of buckwheat flour," beg s s
thousand nine hundred ninety-four to five thousand t
Compiled Laws of one thousand eight hundred ninety-seven is
Public Acts 1903, No. 208, p. 309.
11409. (1) Addition of injurious ingredient; penalty. That any
manufacturing for sale or knowingly selling or offering to sell any n or
tioneries adulterated by the admixture of terra alba, barytes, talc, or other
or mineral substances, or any poisonous colors, flavors or extracts, or o
ous ingredients detrimental to health, shall, upon proper conviction
a court of competent jurisdiction, be punished by a fine of not les tn
than one hundred dollars, or imprisonment in the county jail not les n tn
more than thirty days, or both such fine and imprisonment in the dis n of
11410. (2) Complaint and prosecutions. It is hereby made the of
health officer or local board of health having jurisdiction thereof to in i i
out unnecessary delay all complaints that may be properly brought befeth
containing facts as supported by affidavit of the parties complaining of te
tion or sale of aulterated candies or confectioneries, and if, af in iai b
such officer r board, reasonable cause for action is found to exist, th h o er
or board shall at once give notice to the prosecuting attorney of the
such complaint is made, and make or cause to be made, before a
formal complaint in waiting and duly verified, and thereupon said prosecuting attor-
ney shall immediately commence proceedings against the r r
P. A., 1887, Act No. 11; Compiled Laws, 1897, vol. 3, p. 3405.
(S'ee General Food Laws, set*. 5024, page 276.)
DAIRY PRODUCTSa AND FOODS IN GENERAL.
11411. (1) Sale of impure milk; penalty; act repealed. That whoever shall know-
to any person or perns, or sell, deliver, or bring to be manufactured to
Sor manufatory in this State, any milk diluted with water, or in
or milk from which any cream has been taken, or milk co
only known as "skimmed milk," or shall keep back any part of the milk known
tripping," with intent to defraud, or shall knowingly sell milk, the product of
Sor diseased anial or animal, or any milk produced from any cow fed upon
he refuse of a distillery, or of a brewery, or upon any substance deleterious to the
lity of the milk, or shall knowingly use any poisonous or any deleterious material
ere of any r butter, or shall knowingly sell or offer to sell
or butter, in the manufacture of which ay poisonous or deleterious sub-
been used, shall be deeed guilty of a misdemeanor, and on conviction
be fined not less than ten dollars nor more than one hundred dollars,
be cmitted to the county jail until such fine shall be paid: Proided,
uch imprisonment shall not exceed ninety days; and shall b liable in double
of damages to the person or persons, firm, association or corporation upon
such fraud shall have been commited. An act entitled "An act to prevent
h l tion f milk and to prevent the traffic in impure and unwholeome milk,"
March thirty-first, eighteen hundred and seventy-one, is hereby repealed:
That any rit accrued or forfeiture incurred uner said act, shall remain
li a ii, and may be enforced under said act, as if the same were not
epeale:d.-Act No. 26, P. A., 1878.
142.1) Sale of impure milk; waterg. That it shall be unlawful for any person,
i by himself or agent, to sell or expose for sale within the State of Michigan any
watered or adulterated or impure milk, or swill milk, or colostru, or
cows kept upon garbage, swill or any substance in a state of fermentation
or other deletrious substances, or from cows kept in connection with
ly n which there are infectious The addiion of water or ice to
is hereby declared an adulteration.-A amended by Act o. 19, P. 189.
1141. (2) Penalty. Any person who shall violate any of the provisions f the
section shall be punished by a fine not to exceed one hundred dollars or
by] imprisonment not to exceed three months, or by both such fine and imprison-
ent, in the discretion of the court.
414 (3) lk i in Detroit. It shall be the duty of the metropolitan
e cmmissioners of the city of Detroit, by and with the conent and advice of
e b d of health of the city of Detroit, to appoint an inspector who shall be a
erson of previous practical experience. Said inspector may be created cptain,
t or roundman of the said police force of the city of troit, at the option
f the board of metropolitan police commissioners.
, 1141 (4) Duties of inupector. It shall b the duty of said inspector to personally
ie so fr as posible, all milk exposed for sale in said city, and to visit all dair
barns or stables in said city or the county of Wayne, to inspect the same,
d t a held therein, ad to visit all places wher milk is kept or exposed
or sale in the city of Detroit, and to inspect and ascertain the condition of said milk.
Sany patrolman of said city to ist him in the rformance of any or
dution him by thi act: Proded That sai inspetr and
ny policeman so detailed shall always be subject to the provisions of the law estab-
lishing and governing the metropolitan police of said city.
11416. (5) ats. It shall be the ut of said inspector or of hisassistant,
a of all o r is appointed under this act, to make omplaint in writing
SSee alo General Food w s. 501-5017 27.
282 FOODS AND FOOD CONTROL.
before a police justice or justice of te peace, or other court
thereof, of every violation of this act coming to his knowledge.-A b Act
No. 219, P. A. 1889.
11417. (6) Each sa a separate ofense. Each and every quantity or
exposed for sale, ontrary to the provisions of this act, shall consti
11418. (7) indranceofinpetor. Anyperson whoshall re topeitthesaid
inspector, or his assistant (assistants), to perform his duty under this act, either by
refusing him entrance to his premises or by concealing any milk, or refusing to
permit any milk or animal, or premises wherein the animals are kept, to be viewed
and inspected as herein provided, or by in any er ndering or any
said inspector or assistant inspector in the perfo an of his duty, be ilty of
a misdemeanor and punished therefor.
11419. (8) City and illage milk inspector. Authority is hereby given the common
council of any city, and the board of trustees or council of any village, to appoint an
inspector of milk in any such city or village, and to fix their comen tion, and when
appointed the said inspectors of milk shall have all the powers given by section four
of this act, and shall perform all the duties required of inspectors of milk as provided
herein, and such other powers and duties as may be conferred or imposed by the
ordinances of said cities or villages.
11420. (9) Penalty for adulteration of milk. Whoever shall adulterate by himself,
or by his servant or agent, or sell, exchange or deliver, or have in his custody or pos-
session with intent to sell or exchange the same, or exposes or ffers for sale or
exchange, adulterated milk or milk to which water or any foreign [substance sub-
stances in any state of fermentation or putrefaction, or from sick oriseased cows,
shall be guilty of a misdemeanor, and shall, for every such offense, be punished y
a fine not exceeding one hundred dollars, or by imprisonment in the county jail or
the State House of Correction and Reformatory at onia not exceeding three months.-
Added by Act No. 219, P. A. 1889.
11421. (10) Penalty for sale of ski ed milk as pure. Whoever shall adulterate,
himself, or by his servant or agent, sell, exchange or deliver, or have in his custody
or posseion with intent to sell or exchange the same, or exposes or offers for sale as
pure milk, any skimmed milk from which the cream or any part thereof has been
removed, shall be guilty of a misdemeanor, and shall, for such offense be punished
by the penalty provided in the preceding section.-Added by Act o. 219, P. A. 1889.
11422. (11) Skmed milk to be so labeled. Any dealer in milk who shall by him-
self, servant or agent, sell, exchange or deliver, or have in his custody or on
with intent to sell, exchange or deliver the same, milk from which the or any
art thereof has been removed, unless in a conspicuous place above the center upon
the outside of every vessel, can or package from which any such milk is sold, the words
"Skimmed Milk" are distinctly painted in letters not less than one inch in length,
shall be guilty of a misdemeanor and shall be punished by a fine not exceeding one
hundred dollars, or by imprisonment in the county jail or Detroit House of Corre
tion not exceeding three months.-Added by Act No. 19, P. A. 9.
11423. (12) re and aduerated ilk deined. If milk sold or f or sale
under the provisions of this act a pure milk, is shown upon anal by weight to
contain more than eighty-seven and fifty one hundredths per centum of watery fluid,
or to contain less than twelve and fifty one hundredths of milk solis, per cenm, or
less fat than three percentum, or if the specific gravity at 60 dFahrenheit
not between 1 2-1000 1 33- it shall be deeed to be ulterated. If milk
sold or offered for sale under the provisions of this act as skimmed milk has a ecic
gravity at 60 degrees Fahrenheit less than 1.032, and greater than 1.037, it be
deemed to be adulterated.-Added by Act No. 19, P. A. I 89.
14. (13) Manner of testing milk for adulterants. Whenever any inspector of
as reason to believe that any milk nd by him is adulterated, he shall take
en thereof and test the same with such instrument or instruments as are used
suh purposes, and he shall make an analysis thereof, showing total solids, the
of butter, the percentage of water andthe percentage of ash; and if the
f such test and analysis indicates that the milk has been adulterated or
ved of its cream, or any part thereof, the same shall be prima facie evidence of
on in a prosecution under this act.-Added by Act NQ. 219, P. A. 1889.
11425. (14) Penaltyfor selling skimmed or adulterted milk to factory. Any person
Sremove the cream or any part thereof from milk to be sold a pure milk to
Smanufactory in which milk is used as a material in the process of production, and
ny person who shall, in any mnner, adulterate such milk, either by the addition
or otherwise, shall be guilty of a misdemeanor, and shall, for every such
be punished by a fine not exceeding one hundred dollars, or by iprison-
"menin the county jail or Detroit House of Correction not exceeding ninety days.-
Added by Act o. 19, P. A. 1889.
P. A. 1887, Act No. 246; Compiled Laws 1897, vol. 3, pp. 34053406.
1. Adulterated, diluted or presered milk. No person shall offer or expose for
, sell, exchange or deliver, or have in his o on with intent to sell, exchange
or dver, any milk to which water, chemicls or preservatives, or any other foreign
ubstnce, has been added. The term milk as used in this act sall include all
smlk, i, bu cream and milk in its natural tate, a drawn from
2. Penalty. Whoever shall do any of the act or things prohibited, or neg-
or refuses to do any of the acts or things enjoined by this act, or in any way
violats any of its provisions, shall be deemed guilty of a misdemeanor, and shall be
Sby a fine of not less than one dollar nor more than one hundred dollars
costs of prosecution, or by imprisonment in the county jail not more than
niy days, or by both such fine and imprisonment, in the discretion of the court.
This act is ordered to take immediate effect.
Approved June 8, 1899. P. A. 1899, Act No. 106, p. 150.
cE. 1. Imitation butter mut be labeled. No person shall sell, expose or offer for
sae or exchange, or have in his ion with intent to sell or exchange, any oleo-
Sor other substance made in imitation of butter, and which is intnded to
e used as a substitute for butter, unless each and ever vessel, package, roll or
pa l of such substance has distinctly and durably printed, stamped or stenciled
Sin blak leers the true name of such substance, in ordinary dl faced
pital lette, not less that five line pi in size; and also the name and tdress of
the manufacturer, together with the name of each and every article or ingreient
ed or enter into the composition of such surbtance, in ordinary bold faced let-
ters, not less than pi in size.
SEc. 2. Dealers in same must gi9 e rrbal notie and separat label whei selling imitatiun
No person shll sell, exchan or deliver any olomarrine or other sub-
tae made in imitation of butter and which i intended to be used as a substitute
Sbutter, unless he shall distinctly inform the purchaser by a verl notice at the
of the sale that the sae is a substitute butter, and shall also delver to the
purchar of eaci and every roll, packeor parcel of such olemnargarine or other
substance, at the time of the delivery of the same, a separate and distinct label, on
which is plainly and legibly printed in black ink, In ordinary old faced capital
Snot less flan line pica in size, the true name of such stance, d also
Snae and re of the manufacturer, tother with the nae of each article
284 FOODS AND FOOD CONTROL.
used and entering into the composition of such substance, in ordinary bold faced
letters not less than pica in size.
SEC. 3. HOtel, etc., ftrniishing oleargarine mst displayign. The proprietor or
keer of any store, hotel restaunt, eating saloon,
where oeoargarine is or furnished to pens pa have
placed on the walls of every store or room where oleomargarine is sold or furnished,
a white placar on which is prin in black ink, ilain R n l o not less
than three inches in leth, and not less than 2 inches n "Oleo-
margarine old or Ued Here," and shall at all imes exposed in such
conspicuous place as to be readily seen by any all or
other room or rooms.
S_. 4. Imittion tter mst ot be designated ter applied to pre article. No
peson shall use in any way, in connection or sociation le or exposure
for sale or advertisement of any substance designed to a sutitute for
butter, the word "Butter," "reaery," or "Dairy," or the na or representation
of any bree of dairy cattle, or any cmbination of such or words and repre-
etation, or any other words or symbols or combination commonly used in
the sale of butter.
Scc. 5. Butter defined. For the purpose of this act the word butter" shall be
understood to ean the food product usually known as butter, and which s made
exclusively from milk or cream, or both, with or without co on salt, and with or
without additional coloring matter.
S E. 6. Oluargarine dfined. For the purpose of this act cein manufactured
substances, certain extracts and certain mixtures and compounds, including such
mixtures and compounds with butter, shall be known and designated as "Oleomar-
garine," namely: "All substnces heretfore known as oe, oleo, oleomar-
garine oil, butterine, lardine, suine and neutral; all mixtures and compounds of
olem argarine, olo, ole(margarine oil, butterine, lardine, suine and neutrl; all
lard extract and tallow extracts; and all mixtures and compunds of tallow, beef
fat, suet, lard, lard oil, vegetable oil, butterine, lardine, suine and neutl; all lard
extracts an tallow extract; and all mixtures and ompounds of tallow, beef fat,
suet, ard, lard oil, vegetable oil, intestinal fat, and offal fat, ad in imi or
semblance of butter, or when so made, calculatd or intended to be sold or used as
butter or for butter.
SEc. 7. Pealty. Whoever violates any of the provisions of this act shall b
dee~ d guilty of a misemanor, and upon iction thereof shall be by
a fine of not le than fifty dollars, nor more than five hundred dollars, and t
csts of prsecution, or by imprisonment in the county jail or State House of rre
tion and Riformatory at lonia, for not less than six months nor more than three
years, or by th sh uc tine and inprisonment in the discretion of the court, ina
and every offense. All acts or parts of acts inconsistent with the n of t
act are hereby repealed.
This act is order edo take imediate effect.
Approved June 23, 1899. P. A. 1899, Act No. 147, p. 218.
S: 1. 0Proc Ur renorted butter imu.t e tabded. No f or
shall anufacture for sale, offer or exse for sale, exchange or deliver, or have
in his lssson with the intent to ell, exchage or deliver, any b that is
duced by taking original acking stok buter r r butter, or both mel
sae s that the butter hft can b drwn off or extcted, ixing t
with skimmed milk, or milk or cream, or other milk pruct, and
reworking the said mixture; nor shall any perso, flrm or
for le, offer or exo for sale, sell, exchage or deliver, or have i h
for any such prpose any butter which has ben subjected to any i
ted clarified or rened, and made to resemble butter, and is commonl
as boled, process or renovated butter, and which for the purpose of this act
Sde ed as "Renovated Butter," unless the same shall e branded or
marked as provided in section two of this act.
S2 bls prescribed. Whoever, himself or by his agent, or as the serv-
ant or agent of another person shall sell, expose for sale or have in his custody or
n wh the intent to sell any "Renovated Butter," as defined in section one
hshall have the words "Renovated Butter" conspicuously stamped,
or marked in one or two lines and in plain gothic letters, at least three-
f an inch square, so that the words cannot be easily defaced, upon two sides
of eah and every tub, firkin, box or package containing said "Renovated Butter;"
Sif sh butter is exposed for sale uncovered, or not in a case or package, a placard
nsaid words in the same form a above described in this section shall be
::attach the mass in such a manner as to be easily seen and read by the purchaser.
"Renovated Butter" is sold from sch package or otherwise at retail, in print,
rother form, before being delivered to the purchaser it shall be wrapped in
plainly stamped on the outside thereof with the words "Renovated But-
"printed or stamped thereon in one or two lines, and in plain gothic letters at
t three-eighths of an inch square, and such wrapper shall contain no other words
or pnting thereon, and said words "Renovated Butter" so stamped or printed on
said wrapper shall not be in any manner concealed, but shall be in plain view of
t r at the time of the purchase.
C 3. Penaltis. Whoever shall violate any of the provisions of this act shall be
ilty of a misdemeanor, and upon conviction thereof shall be punished by
a of not less than twenty-five dollars nor more than five hundred dollars, and
of prosecution, or by imprisonent in the county jail or Michigan Reform-
rat onia, for not less than six months nor more than three years, or by both
ua imprisonment, in the discretion of the court, for each and every
S4. Repe. Act number two hundred fifty-four of the public acts of eighteen
hun d ninety-nine, entitled "An act to regulate the sale of butter produced by
Soriginal packing stock and other butter and melting the same so that the but-
t oil cn be drawn off, mixed with skimme milk or other material, and by emul-
or other process produce butter, and butter produced by any similar process and
ly known as 'process' butter; providing for the enforcement thereof, and
:piment for the violation of the same," is hereby repealed.
o June 18, 1903. P. A. 1903, No. 243, p. 397.
SEc.1. Penalty for obstructing enforcement of law. That any person who shall obstruct
the Dairy and Food Cmmissioner, or his deputy, or any of his duly appointe i~n ct-
e, by refusing to allow him entrance to any place where he is authorizd to enter
n the dischare of his official duty, or rfuss to deliver to him a ufficient smple
for the analysis of an article of food or drink sold, offered or exosed for sale, or in
his posssion for the purose of sale, wherever the same may be found, when the
ame is requested and when the value thereof is tendered, shall be guilty of a mis-
deeaor, and upon conviction thereof shall be punished by a fine of not 1es than
twt ve dollars or more than one hundred dollar and the costs of prosecuion, or
Siprisonent in the county jail not le than ten days or mor than ninety days,
or by both ch and imprion nt in the discretion of the court, for each and
A ved June 23, P. A. 189, p. 246
10943-No, 9. pt 4-0- 2
286 FOODS AND FOOD CONTROL.
4973. (1) Appointment of dairy and commissioner. Within thirty days after
this act shall take effect, the Governor, by and with the consent of the Senate,
shall appoint a suitable person to be Dairy and Food Commissioner, which office is
hereby created, and which commissioner so appointed shall hold his office until the
first day of January, one thousand eight hundred and ninety-five, and until his
successor is appointed and qualified. At the next regular session of th legislature,
and every two years thereafter, the Governor, by and with the advice and consent
of the Senate, shall appoint a Dairy and Food Commissioner, who shall hold his
office for the term of two years from the first day of January in the year of his
appointment, and until his successor is appointed and qualified.
4974. (2) Removal of commissioner. The Governor shall have power to remove
such commissioner at any time in his discretion; but the reasons for such removal
shall be laid before the Senate at the next regular or special session of the legislature
thereafter, and in case of a vacancy in the office of commissioner from any cause, the
Governor may appoint another person to fill the same.
4975. (3) Oath of office and bond. Before entering upon the duties of his office,
the person so appointed shall make, subscribe, and file in the office of the Secretary
of State, an oath of office in the form prescribed by section one of article eighteen of
the constitution of this State, and shall enter into bonds with the people of the State
of Michigan in the sum of ten thousand dollars, with sureties to be approved by the
Governor, conditioned for the faithful performance of his duties.
4976. (4) Salaries; appointment of inspectors, deputies, and clerk. Said commi
sioner shall receive an annual salary of two thousand dollars. The said commissioner
is hereby authorized and empowered, by and with the advice and consent of the
Governor, to appoint a deputy commissioner. The salary of the deputy commis-
sioner shall be fifteen hundred dollars per annum. The said commissioner may
also appoint eight regular inspectors, who shall receive an annual salary not to
exceed one thousand dollars per year, and such other special inspectors as the
proper performance of the duties of the office may require, which special inspectors
shall be paid not to exceed three dollars per day for time actually employed: Pro-
vided, That the amount paid such special inspectors any one fiscal year shall not
exceed six thousand dollars. The persons so appointed shall havepower to admin-
ister oaths in all matters relative to the dairy and food laws and shall take and sub-
scribe the constitutional oath of office and file the same in the office of the Secretary
of State; and they shall hold office during the pleasure of the commissioner. The
inspectors shall have the same right of access to the places to be inspected as the
said commissioner or his deputy. The commissioner shall appoint such clerks as he
may deem necessary for the transaction of the business of his office. The salaries
and expenses authorized by this section shall be for the unexpired part of the fiscal
year ending June thirty, nineteen hundred five, and each fiscal year thereafter.
Said salaries are to be paid monthly on the warrant of the Auditor General. The
actual and necessary expenses of the commissioner, deputy and inspectors, in the
performance of their official duties, shall be audited by the State Board of Audior
and paid upon the warrant of the Auditor General. Such compensation and
expenses shall be certified, audited and paid in the same manner as salaries and
expenses paid similar officers. The deputy commissioner and inspectors shall enter
into bonds with the people of the State of Michigan in the sum of five thousaid
dollars each, with sureties to be approved by the commissioner, conditioned for the
faithful performance of their respective duties. The Board of State Auditors shall
provide office room, ahd the necessary furniture and fixtures and the necessary
stationery, supplies and printing for the conducting of the business of said commis-
sioner, on his application to said board therefor. Said office shall be and remain in
the city of Lansing.-A. by Act No. 45, P. 1895; Act No. 14, P. A. 1897; Act
No. 186, 1. A. 1901; Act No. 830, P. A. 1903; Act No. 12, P. A. 1905.
77. (5) Sate analyst and assistant chemist; salaries and expenses. The commis-
by and with the consent of the Governor, shall appoint a suitable and com-
t person as State analyst, who shall be a practical analytical chemist. The
issioner, in like manner, may appoint an assistant chemist. Before entering
the uties of their offices, they shall take, subscribe and file in the office of the
y State the constitutional oath of office. Their term of office shall con-
tinu ri the pleasure of the commissioner. The Board of State Auditors shall
room in connection with the Dairy and Food Commissioner for the labo-
of the State analyst and his assistant, and the necessary furniture and fixtures
r. In case of the absence or inability of the State analyst or his assistant to
peform their duty, the commissioner may appoint some competent person to perform
the temporarily, which person shall take, subscribe and file the constitutional
oath of office. The salaries and expenses authorized by this section shall be for the
Spart of the fiscal year ending June thirty, nineteen hundred five, and each
Syear thereafter, said salaries to be payable monthly on the warrant of the Audi-
torenera The salary of the chemist shall be not to exceed two thousand dollars;
,the s y of the assistant chemist shall be not to exceed twelve hundred dollars.
The actual and necessary expenses of the chemist and the assistant chemist, in the
performance of their official duties, shall be audited by the Board of State Auditors,
and paid upon the warrant of the Auditor General. Such an amount as is found to
be n ee ry in the proper performance of the work of the analyst may be expended
or chemical supplies. Such compensations, expenses and supplies shall be certified,
audite ad paid in the same manner as the salaries, expenses and supplies of similar
oficers.-A by Act No. 45, P. A. 1895; Act No. 154, P. A. 1897; Act No. 186, P. A.
901; Act No. 230, P. A. 1903; Act No. 2, P. A. 1905.
4978. (6) Duties of commissioner; prosecution, inspection, etc.; penalty for keeping
bakeries, confectionaries, etc. It shall be the duty of the Dairy and Food
C m ner to carefully inquire into the dairy and food and drink products and
the several articles which are foods or drinks, or the necessary constituents of foods
or drinks, which are manufactured or sold or exposed or offered for sale in this State,
and he may, in a lawful manner, procure samples of the same and direct the State
analyst to make due and careful examination of the same, and report to the commis-
.s e the result of the analysis of all and any of such food and drink products or
dairy products as are adulterated, impure or unwholesome in contravention of the
laws of this State; and it shall be the duty of the commissioner to make a complaint
i the manufacturer or vendor thereof in the proper county and furnish all evi-
dence thereof, to obtain a conviction of the offense charged. The Dairy and Food
Commissioner, or his deputy, or any person appointed by him for that purpose may
make complaint and cause proceedings to be commenced against any person for the
enforcement of any of the laws relative to adulterated, impure or unwholesome food
or drink, and in such case he shall not be obliged to furnish security for costs and
shall have power, in the performance of their duties, to enter into any creamery,
factory, re, salesroom, drug store, or laboratory, or place where they have reason
to believe food or drink are made, stored, sold or offered for sale and open any cask,
ub, jar, bottle or package containing, or supposed to contain, any article of food or
ink and examine or cause to be examined the contents thereof, and take therefrom
le for analysi. The person making such inspection shall tae such sample of
article or product in the presence of at least one witness, and he' shall, in the
of said witne, mark or seal such sample an shall tender at the time of
Sto the anufacturer or vendor of such product, or to the person havin the
c dy of the sae, the value thereof, and a statement in writing for the taking of
s ample. Whenever it is determined by the Dairy and Food Commiioner, his
ty or inspectors, that filthy or unsanitar cnditions exist or are permitted to
iin the operain of any bakery confectionary or ice cream plant or in any
288 FOODS AND FOOD CONTROL.
place where any food or drink products are manufactured, store, or sold
for any purpose whatever, the proprieto r proprietors, owner or o of
bakery, confectionary or ice cream plant, or any person or personsf o
ating any plant where any food or drink products are manufactured, ted
or sold, shall be first notified and warned by the commissioner, his deputy or
ors to place such bakery, confectionary or ice cream plant, or any place where
food or drink products are manufactured, stored, deposited or sold in a sanitary con-
dition within a reasonable length of time; and any person or rowning and
operating any bakery, confectionary or ice cream plant or any where any
food or drink products are manufactured, store, deposited or sold, failing to obey
such notice and warning, shall be guilty of a misdemeanor, and, upon conviction
thereof, shall be punished by a fine not less than twenty-five dollars nor more than
three hundred dollars and costs of prosecution, or imprionment in the county jail
not to exceed ninety days, or until such fine and costs are paid, or both fine
imprisonment in the discretion of the court.-Am. by Act No. 5, P A. 1895; A .
154, P. A. 1897; Act No. 268, P. A. 1899; Act No. 12, P. A. 1905.
4979. (7) Seizure and analysis of sspected products; proecution; forfeiture and ale.
The commissioner, his deputy or any person by said ommissioner duly appointed
for that purpose, is authorized at all times to seize and take pos n of any and
all food and dairy products, substitutes therefor, or imitation thereof kept or sale,
exposed for sale or held in possession or under the control of any person wh in
the opinion of the said commissioner, or his deputy or such person by him duly
appointed, shall be contrary to the provisions of this act or other laws which now
exist or which may be hereafter enacted.
First, The person so making such seizure as aforesaid, shall take from such goods
as seized a sample for the purpose of analysis and shall cae the remainder thereof
to be boxed and sealed and shall leave the same in the possession of the person from
whom they were seized, subject to such disposition as hall hereafter be made thereof
according to the provisions of this act.
Second, The person so making such seizure, shall forward the sample so taken to
the State Analyst for analysis, who shall make an analysis of the same and shall
certify the results of such analysis, which certificate shall be pria facie evidence of
the fact or facts therein certified to in any court where the same may be offered in
Third, If upon such analysis it shall appear that said food or dairy products are
adulterated, substitutes or imitations within the meaning of this act, said commis-
sioner, or his deputy or any person by him duly authorized ay make complaint
before any justice of the peace or police justice having jurisiction in the city, village
or township where such goods ere seized, and thereupn said justice of the peace
shall issue his summons to the person from ho aid goods were seized, directing
him to appear not less than six nor more than twelve days from the ate of the issu-
ing of saidt and slhow cause "why said goods houd not be condened and
disposed of. If the said person from wh\m said goods were seized nnot be found
said summonsl shall be served upon the person then in possion of the goods. The
said suimIoins shall be rved at least six days before the time of appearance en-
tioned therein. If the person frot whom said goods were seized canot be found,
and no one can be found in possession of said goods, and the defendants shall not
appear on the return day, then said justice of the peace shall proceed in said cause in
the sare manner provided by law where a writ of attachment is returned not per
sonally served upon any of the defendants and none of the defendants all appear
upon the return day.
Fourth, llnless cause to the contrary thereof is shown, or if said goods shall be
found upon trial to be in violation of any of the provisions of this act or other laws
which now exist or which may e hereafter encted it sall be the y ofi
MICmGA N. 289
justice of the peace or polic justice to render judgment that said seized property be
forfeited to the State of ichign, and that the said goods he destroyed or sold by
Ssaid commissioner for any purpose other than to be used for food. The mode of
procedure before said justice shall be the same as near as may be as in civil pro-
before justices of the peace. Either parties may appeal to the circuit court
as are taken from justices' courts, but it shall not be necessary for the people
to gve any appeal bond.
h, e proceeds arising from any such sale shall be paid into the State treasury
;adcredited to the general fund: Provided, That if the owner or party claiming the
property or goods so declared forfeited can produce and prove a written guarant of
purity, signed by the wholesaler, jobber, manufacturer or other party from whom
id articles were purchased, then the proceeds of the sale of such articles, over and
above the costs of seizure, forfeiture, and sale, shall be paid over to such owner or
claimant to reimburse him, to the extent of such surplus, for his actual loss resulting
from such seizure and forfeiture, as shown by the invoice.
Sixth, It shall be the duty of each prosecuting attorney when called upon by said
commissioners [commissioner] or by any person by him authorized as aforesaid, to
render any legal assistance in his power in proceedingp under the provisions of this
act, or any subsequent act relative to the adulteration of food, for the sale of impure
or unwholesome food or food products.-Amended by Act No. -45, P. A. 1895; Act
No. 268, P. A. 1899; Act No. 230, P. A. 1903.
490. (8) Uldaufulfor analyst to furnish certates of purity. It shall be unlawful
or t e Analyst, while he holds his office, to furnish to any individual, firm or
corporation, any certificate as to the purity or excellence of any article manufactured
orsold by them to be used as food or in the preparation of food.
4981. (9) Annual report. The commissioner shall make an annual report to the
Governor on or before the first day of July in each year, and which shall be printed
and published on or before the first day of September next thereafter, which report
shall cover the doings of his office for the preceding fiscal year which shallshow,
among other things, the number of manufactories and other places inspected, and by
whom, the number of specimens of food articles analyzed, and the State Analyst's
report upon each one; the number of complaints entered against psons for violation
of the laws relative to the adulteration of food, the number of convictions had, and
the aount of fines imposed therefor, together with such recomnienedations relative
to the statutes in forc as his experience may justify. The commissioner shall also
prer, print and distribute to all the paper of the State, and to such pero)Is as
may be interesd, or may apply therefor, a monthly bulletin in suitable paper
ove, containing results of inspections, the result of analyses made by the State
Analyst, with popular explanation of the same, and such other information may
come to him in his official capacity relating to the adulteration of food and drink
products and f dairy proucts, so far as he may deem the same of benefit and
advantageto the public; alsoa brief summary of all the work done during the month
by the commissioner and his assistan in the enforcement of tih laws of the State,
but not ore tan ten thousand copi of each of such monthly bulletins shall be
printed.-As amended, Act No. 24, P. A.. 1 Act No,. 164, P. .1. 15i; t .1 VNf ,
P. A. 1899, p. 4i.
49* (10) Penalty for obtructin c issioner. Any person wh shall willfully
hinder or obtrt the airy and Food (ommisioner, or his deputy, or other person
or inpector by him duly authorized, in the exercise of the powers conferred upon
him by this act, shall b demed guilty of a misdemeanor, and on conviction shall he
punised by a fine of not less an ten dollars nor mor than one hundred dollars,
or by imprisonment in the county jail for not less than ten days nor morn than ninety
days, or oth such fine and inprisonuent in the discretion of the court.-Added by
Act Na. 245, 1895.
290 FOODS AND FOOD CON OL.
49883. (11) Appropriationforalarie and expenses. The sum of
dollars is hereby appropriated for the fiscal year ending June thirty
dred six, and for each fiscal year thereafter, there is hereby appsum
of thirty-five thousand dollars Out of the amounts appropriated by
be paid all salaries and expenses and chemical supplies provided for
That all expenses for stationery and printing shall be audited and paid in the
manner as other State priting and stationery-Added by ct No P A. 189
Amended by Act No. 154, P. A.1897; Act No. 268, P. A. 1899; Act 18, P. A
1901; Act No. 12, P. A. 1905.
4984. (12) tate ta to coer appropriati. The Auditor Generl is by
to annually add to and incorporate into the State tax, to be levied each year, the sum
of thirty-five thousand dollars, which, when collected, shall be credited to the gen-
eral fund to reimburse the same for the money appropriated by this act-Added by
Act No. 245, P. A. 1895. Amended by Act No. 154, P. 1897; Act P. A
1899; Act No. 186, P. A. 1901; Act No. 230, P. A. 1903; Act No. IS, P. A. 1905.
SE. 13. Inspection of dairies, cheese factories, etc.; instruction by i. It shall
also be the duty of the Dairy and Food Commissioner to foster and encourage the
dairy industry of the State, and, for that purpose, he shall investigate the general
conditions of the creameries, cheese factories, condensed milk factories, skimming
stations, milk stations and farm dairies in this State, with full power to enter upon
any premises for such investigation, with the object in view of improving the quality
and creating and maintaining uniformity of the dairy products of the State; and
should it become necessary, in the judgment of the Dairy andood Commissioner,
he may cause instruction to be given in any creamery, cheese factory, condensed
milk factory, skimming station, milk station, or farm dairy, or in any locality in this
State, and in order to secure the proper feeding and care of cows, or the practical
operation of any plant producing dairy products, and in order to such a uni-
form and standard quality of dairy products in this State, he shall furnish a sufficient
number of competent inspectors for that purpose, the appointment of whom is pro-
vided for in section four of this act, and they shall be duly qualified to act as such
inspectors.-Added by Act No. 12, P. A. 1905, pp. 17-18.
SEC. 14. Penalty for sale of impure milk. Whenever it is determined by the Dairy and
Food Commissioner, his deputy or inspectors, that any person is using, selling or fur-
nishing to any skimming station, creamery, cheese factory, cndensed milk factory,
milk depot, farm dairy, milk dealer, the retail trade or to any consumer of milk, any
impure or unwholesome milk or cream, which impurity or unwhlesomeness is
caused by the unsanitary or filthy condition of the premises where cows are kept,
or by the unsanitary or filthy care or handling of the cows, or from unclean
utensils being used, or from unwholesome food, or from any other cause, the
so using, elling or furnishing to any skiming staion, creamery, cheese factory,
condensed milk factory, milk depot, farm dairy, ilk dealer, the retail trade, or to
any consumer of milk, any such milk or cream, shall first be notified and
by the commissioner, his deputy or inspectors not to u, sell, or furnish such milk
or cream to such skimming station, creamery, chese ftry, coden milk factory,
milk depot, farim dairy, milk deler, the retail trade, or to any er of milk,
and any person failing to obey such notice and warning, and continuing to use, sell
or fuish to any skimming station, creamer, cheese factory, cond milk fac-
tory, farm dairy, milk dealer or to the retail trade such impure or unwho milk
orcream, shall be guilty of a misdemeanor, and, upo conviction th shall be
punished by a fine not les tha ten dollars, nor more than ifty dollars, a ss
prosecution, or imprisonment in the county jail, not to exceed ninety a or un
such fine and costs are paid, or both fine and imprisonment in the
court.-Added b Act No. 12, P. A. 1905, p. 18.
15. Unsanitary conditions of reaeries, cheesefactories, etc.; penalty. Whenever
it determined by the Dairy and Food Commissioner, his deputy or inspectors, that
tary condi exist or are permitted to exist in the operation of any skimming
io factory, condensed milk fatory, milk depot, or farm dairy,
or proprietors, or manager of said skimineg station, creamery, cheese
Smilk factory or farm dairy, shall be first notified and warne by
t m oner, his deputy or inspectors to place such skimming station, creamery,
c ry, condensed milk factory, milk depot or farm dairy in a snitary con-
within a reasonable length of time; and any person or persons owning or
ting such skimming station, creamery, cheese factory, condensed milk factory,
i depot, or r dairy, failing to obey such notice and warning, shall be guilty
of a eanor, and upon conviction thereof, shall be punishe by a fine not less
tn twenty-five, nor more than three hundred dollars, and costs of prosecution, or
impriso nt in the county jail, not t exceed ninety days or until such fine and
:: cs are paid, or both fine and imprisonment in the discretion of the court.--dded
by Art No. 12, P. A. 1905, pp. 18-19.
E 16. Regrtion of r eries, cheese factories; reports; fee. It shall be the duty
proprietor or proprietors of every skimming station, creamery, cheese factory,
condensed milk factory or milk depot, in the State where milk or cream is received
by pu e or otherwise fro three or more persons, to register with the Dairy and
Fd Commissioner on or before April first of each year, upn blanks furnished by
d official, the location of such skimming stion, creamery, cheese factory, con-
milk factory or milk depot, and the name of its owner or owners and mana-
ger. And it shall be the duty of the proprietor or proprietors of every skimming
station, creamery, cheese factory, condensed milk factory or milk depot in this State,
whe milk or cream is received by purchas or otherwise from three or more per-
Sto file a report with the Dairy and Food Commissioner, said report to be made
or bore April first of each year, upon blanks furnished by said offiial, and to
sh the amount of milk or crea received by said skimming station, creamery,
factory, condensed milk factory or milk depot during the year ending Decm-
ber thirty-first preceding; and said report shall show the amount of butter, cheese
or condensed milk manufactured during the year, together with a list of the names
Spostoffice addresses of the patrons of said skimming station, creanery, cheese
, condensed milk factory or milk depot. Every skinning station, creamery,
c e factory, condensed milk factory or milk depot, so risterin an so repting,
shall pay to the office of the State Dairy and Foo(d Commissioner a annual regista-
ti f of five dollars, to be paid at the time of such registration. The money so
by the Dairy and Food Commissioner shall be paid into the State traur
and be ed to help defray the expense of the ice of the Dairy and Food Comnimis-
, in addition tohe annual appropriation therefor.-Addd by Act No. 1., P. A.
1905, p. 19.
S17. ilk lice;fees; pely. Any peson, persons or corpration who shall
sell milk or cream fro a wagon or other conveyanc, depot or stor, or who shall
sell or deliver milk or crea to a hotel, restaurnt, urling house or any public
place shall be esidere a milk dealer; and every milk dealer who shall sell milk
or cream frmn a wagon or other conveyance, dept or stor or who shall sel, or
ver milk or cream t a hotel, urestlauat, mading hous or any pIblic pIlae in
any city, town r village of this State, must first obtain a license fr n the Dairy and
Fo Coi ioner to sell such milk or cream. A license shall be requird for each
waon or other conveyance, dot or store. ach dealer shall ay to the Dairy and
SFood a license fee of one dollar for ach licens san which
en ust be obtained on or before the first day of July of each yar. The
mney received by the Dairy and Food mnissioner, in payment of such licensesd
be pid Into the tate t a n b We to hel defry the exen of the
292 FOODS AND FOOD cONTaOL.
office of the Dairy and Food Commissioner in addition to the annual n.
All licenses shall be used only in the name of the owner of the
store, and shall, for the purpose of this act, be prma face evidence f owe ip.
No license shall be sold, assigned, or transferred. Each license shall the
name, residence, place of business, number of wagons, depots or stores d (
more than one is employed) and the number of the license. Whoever violates a
of the provision of this sction, in so far relates to reistration the securing
of licenses, shall be deemed guilty of a misdemeanor, and for each and every offense
shall be punished by a fine of not less than five dollars, nor more
dollars and the costs of prosecuion, or by imprisonment in the county jail for not
more than thirty days, or both.-Added by Act N. P. A. 1905, pp
SEc. 18. 8le of centrated co ercial feeding tuf; label; d iio trade-ark,
certified analyis and fee; smpli and aalyss by co ioer. Any manufacturer,
company, person or persons who shall sell, offer or expose for sale or or distribu-
tion, in this State, any concentrated commercial feeding stuff used for feeding live
stock, shall furnish with each car, or other ounts shipped in bulk, and shall affix
to every package of such feeding stuff, in a conspicuous place, on the outside thereof,
a plainly printed statement, clearly and truly certifying the umber of net pounds
in the car or package sold or offered for sle, the name or trade-mark under which
the article is sold, the name of the manufacturer or shipper, the place of manufac-
ture, the place of business, and a chemical analysis, stating the percen it con-
tains of crude protein, crude fibre, nitrogen, free extract d eer extract, all con-
stituens to be determined by the methods adopted by the association of official
agricultural chemists. Whenever any feeding stuff is sd at retail,in bulk or in
packages belonging to the purchaser, the agent or dealer shall furnish to him a certi-
fled copy of the chemical analysis naed in this section.
(a) The term conentrated commercial feeding stuffs as usedin this a shall include
linseed meal, cotton seed meal, pea meals, cocoanut meals, gluten meals, oil meals of
all kinds, gluten feeds, maize feeds, starch feeds, mixed sugar feeds, hominy feeds,
rice meals, oat feeds, corn and oat feeds, meat meals, dried blood, clover eals,
mixed feeds of all kinds, slaughter hou waste products; also all condimental stock
foods, patented and proprietary stock foods, claimed to p nutritive properties
and all other materials intended for feedng to domestic animals: That
such feeding stuffs, as defined above, shall not include hays, straws, dd
the hole seeds nor the unixed meals made directly from the entire grains of
wheat, rye, barley, oats, flax-seed, aize, buckwheat, et brewers ains, malt
sprout, wet or dried beet pulp when unmixed with other materials. Neither shall
it include wheat, rye and buckwheat brans or middlings not mixed with other sub-
stance, but sold separately as distinct article of comerce, nor pure grains ground
(b) Before any manufacturer, company, person or ons shall sell, offer or
expose for sale in this State any concentrated commercial feeding stuff, he or.they
shall, for each and every feeding stuff earing a distinguishing name or tradeark,
file annually, with the Dairy and Fod Conmissioner a certified copy of the ch -
ical analysis and certificate referred to in this ion, and l post with said
Dairy and ood Commissioner a ealed glass jar, or ttle, containing at least one
pound of the feeding stuff to e sold or offered for le, together it a affidavit
that it is a fair sample of the article thus to be sold or offered for le. He or they
shall also pay annually into the ate treasury a liene ee of enty dollars for
ech and every brand of feeding stuff he offe or exses for sale n this Sta
Said fee i to be pd on or before April first of each year: ovided, That whenver
the manufacturer or importer shall have paid this license fee, his agents shall be
required to do so. Whenever any manufacturer, im rter, agent r seller of any
commercial feeding stuff desires at any e to sell such material and h
th license fee therefor, he shall pay the licence fee precribe in this setion, before
makg any such sale. The money collected under the provisions of this act shall
be paid into the State treasury and be used to help defray the expenses of the office
of the Dair and Foo Commissioner, in addition to the regular apppriation
(ic) Whenever the manufacturer, importer, agent or seller of any comnmiercial
stff shall have complie with the requirements of this section, the Dairy
anFood Commissioner shall issue or cause to be issued, a license, permitting the
of said feeding stuff, which license shall terinate on April first following the
date of issue.
(d) All such analyses of commercial feeding tuffs ruire by this act, shall be
made under the direction of the Dairy and Food Commissione, and shall be paid
or out of the funds arising fro the license fees provided for in this sction.
(e) The Dairy and Food Commissioner shall publis, or cause to be publised in
b n form, at least annually a correct statement of all analyses ade, together
with any incidental information concerning saie which he may deem proper.
(f) Any manufacturer, importer, company, agent, person or perons, who shall sell,
or expose for sale, without first complying with the provisions of this act, any
commercial feeding stuff, or shall attach or cause to be attached to any car, pckage
orother quantity of said feeing stuff, ananalysis stating that it contains a larger per-
centage of any one or more of the constituents mnand in this section than it really
does containshall, upon conviction thereof, fine not lss than one hundred dollar
for the first offene, and not less tan three hundred dollars for every subsquent
fse, and the offender all als be liable for damages sustined by the purchaser
of such feeding stuff on account of such misrepresentation.
(g) The Dairy and Food Coniioner, byy duly authorized agent, is hereby
rized to select from y package of commercial or other feeing stuff exposed
or of d for sale in this State, a quntity not exceeing two pounds for a sample,
Ssample to be used for the purposes of an official analysis and for compariso
with the certficate file with the Dairy and Food C(ouissioner, and with the cer-
Saffixed to the package on sle.-Added by Act Ao. IU, PI . 10. pp. !0-Z.
Sc. 9. .Annual report of commiioer. The published annual report of the Dairy
and Fo Co iioner which shall be made to the Governor, shall include a con-
plete accounting of all moneys reeived by the department from every source, and
the amount expended by the departnent.-Added by Act No. L1, 1P A. 1A. p. .
20 Re All acts and parts of ats inconsistent with this act so far as they
are inconsistent are hreby repealed.
This act is ordered to take immdiate effet.-Ad by Act No. 12, P. J1. 1 i, p. 22.
Compiled Laws 1897, vol. 2, p. 1575.
4)5. (I) mitation ber. No person, y himself or his aents, or srvants, shall
render or anufa re, sell, offer for sale, exse for sale, or have in his pi ession
with intent to sll, any article, product or comliund made wholly or in part out of
any fat, oil or oaginou sustance or com~ und thereof, not producel from untdul-
terated ilk or cream from the ae, which shall be in imiati of yellow mutter
produced from pure unadulterated milk or reail of the same: Prorid d, That noth-
ing this ac shalle c nstrue to prohibit the ianufatur or ale of olomargarine
in a separate and distinct form, and in such manner as will advise the consumer of
it real character, free from oloration or ingrdient that caus it to look like butter.
4986. (2) PcnatY. Whover violates any of the poisions of section oneof this
act shall be deeled gilty of a isdereantor, and uon cnviction thereof, shall be
bd y a fie of not les than fifty dollars nor more tan five hundred doll ar.
the costsf prosecution, or by imprisonm t he county jail or State Iouse of
rrection and Reformatoy at onia for not le than six monts or mo tan thr
294 FOODS AND FOOD CONTROL.
years, or by both such fine and imprisonment, in the discretion of the court, for each
Approved, April 15, 1897, and reenacted without cange, 1901; P. A. 1901, Act
No. 22, p. 37.
2243. (1) Butter substitutes in publi institutions. That the use of oleomargarine,
butterine, or any other substitute for butter, in any of the publi institutions of thi
State, e and the sme is hereby prohibited.
2244. (2) Penaly. Any warden, superintendent or otheroffierof insti-
tution, who shall knowingly violate the provisions of section one of i or
knowingly permit the same to be violated shall be deemed guilty of a m
and every violation shall constitute a eparate offense and n conviction thereof shll
be punished by a fine of not less than twenty-five, nor more than one h l-
lar, together with costs of prosecution, or by imprisonment in the coun jail of
county in which said institution is situated not exceeding ninety daysor by both
such fine and imprisonment, at the discretion of the court.
Compiled Laws 1897, vol. 1, p. 763.
JELLIES, CANNED GOODS, ETC.
(See General Fod Laws, ees. 5022, 5023, p. 275.)
(See General Food Laws, ses. 5018-5021, p. 275.)
5009. False labels; penalty. Any person, dealer, firm, manufacturer, or corpora-
tion, who shall falsely stamp or misrepresent or label any cas, ju, jars, or
packages, containing maple molasses, or maple syrup, or maple that is in
any wise adulterated, or knowingly permits such [misrepresentation]
tions or false stamping or labeling, shall be deemed guilty of a misdemeanor, and
punished by a fine, not more than five hundred dollars, or by imprisonment in th
county jail for a period of not more than one year, or by both such fine or impris-
onment, in the discretion of the court.
Compiled Laws 1897, vol. 2, p. 1584.
SxC. 1. Inpecor, liceses, and public abattoirs authorized in ities, etc. Any city or
village in this State may apoint an inspector or inspectors of anials and mat su
plies intendd for human consumption therein, license the sale thereof, pfor
the reglation of slaughter-houses wherein such animals intened for u a
fod in such city or village are slaughtered, and the markets and plae where meat
intended for consumption a human food is kept or ofered for sale h
or village, the vehicle in which such meat is transported, or from whi is sold,
offere for sale or dissed of for said pu rps; and cause to er main
taine a public abattoir therein and rgulate the use thereof.
SiE. 2. Applicati fr lices; eration. No person or pers shll v or
for sale in any city or village having an inspector of meats as provided by tis
any meat intended for human consumption, whether laughtered within
villae or elsewhere, unle licensed so to do by the board of Ihealth of ci or
village. Any person or persons desiring so to do may apply to the
of rch city or villa for a license; but the clerk shall not iue
t therefor presents a statement riting signed by him which shall state fully
(a) The name and residence of said applicant.
(b The e location or place from which said applicant obtains his eat,
tered by himself in whole or in part
Ser in which said applicant intends to dispose of his meats when
A written consent granting permission to the eat inspectr, the health oficer
representative, or any ember of the board of health, the mayor or any alder-
of said city, or the president and trustees of said village free and ope access to
laughter-house in which e proposes to slaughter and the market or vehicle
own, esed or occupied by him from which his meat is sold, for the purpose of
inspection of the said premises, market or vehicle. Blanks for such applica-
shall be furnished by the clerk. Each applicant for a liense shall also stipu-
la in writing that he will faithfull conform and caus the slaughter-house, market
Svehicle owned, leased or occupied by him to comply in all respects ith the
euirements of the ordinance of said city or village enacte under the provisions of
this act, and pay such licese fee as hall be prescribe therein. The city or village
clerk shall not issue any such license until the meat inspector shall have examined
into the sanitary condition and cleanliness of the slaughter-house to be used by the
apcat, or the market where his meat is to be sold, or the vehicle in which it is
to be transported or from which it is to be sold or offered for sale, and shall cerify
tt same comply with the requirements of the ordinance in force therein. The
ayor of said city or president of said village may at any time revoke and sspend
any li issued pursuant thereto if, upon invesiation and reprt of the meat
inspec and after hearing the holder of such license summarily, he shall find the
conditnof the slauter-house where meat is slaughtered, or the market or vehicle
or the t offered for sale to be in violation of the previsions of said ordinance filthy
or detrimental to the public health; which revocation shall continue until such per-
son shall have fully complied with the requirements of this ac t ad the provisions of
the sd ordinance. This section shall apply to slaughter-houses whether situat(e
within or without the city or village limits.
Sc. 3. Tets an requirements to e.rchdo uniholesome meat. Each city or village
ha g a meat inspectornder the provisions of this act shall establish by ordinance
s test and requirements in conformity herewith a are necessary for the purpo
Secuding from within its limits for sle or use as hluman food any disased or
e meat, meat which has been prepared, d se or store in an unsnitary
or filthy place, or handled or transported in an unsanitary or filthy manner; and
Scity or ville shall authorize and empower its inspectr or ispectos to enforce
and requirements, and shall provide and enforce suitable penalties for the
vi n of any provisis of such ordinace.
S. 4. Ait of inspector and dputies; duties. Any city or village having
enacted an ordinance under the provisions of this act shiall immediately appoint a
person qualified by education and experience to properly perform the duties of the
fi o incr, who shall hold his ofice for one year and until his succ r is
appointed and qualified, and such deputies with like qualifications as tay be neces-
sary, who shall hold office for a like term; and such inspector and all deputy in 1spet-
ors shall take an oath of office to faithfully and impartially discharge all the duties
t fThe inspect shall promptly repor to the city or village attorney, or to
the precuting officer for prosecution every violation of the ordinance in
in ch city or vlle under the prvisio of this act, a also rert to
ar of health of said ity or lle, at t m thly, in etail, allnspection
ade by him and all violations of said ordinance.
296 VOOD AD CONTROL.
SEc.. ter-hse reireents. Any city or village having
nance under the provision of this act shall specify the following req
slaughter-houses within its limits:
(a) No slaughtering shall be done in barns, sheds, or other building
and not suitable for slaughtering animal and for the handling, d and
of meats; nor shall any slaugtering be done outside of a building.
(b) All shaughter-housesa shall have an abundant supply of from a well or
other source which is not contaminated from the slaughter-house or surroundng pens
or enclosures, or any part of the premises; and which may be applied with adequate
pressure through a hose to any part of the room or rooms used for theof
slaughtering or preparing meats for consumption as human food.
(c) All slaughter-houses shall have suitable floors and sub-drainage with proper
sewer connections, which floors shall be thoroughly washed off eah day after the
slaughtering is completed.
(d) The walls and all exposed surfaces on the inside of slaughter-houses shall be
cleansed by washing or scraping as often as once in each month, and if the surfaces
are not painted they shall be calcimined or whitewashed at least once a moth.
(e) Cooling and store rooms for meat shall be properly venilated.
(f) All offal and refuse shall be removed from the sla ter-houe on the da of
slaughtering, and disposed of in a decent and sanitary manner.
(g) All animals kept in yards attached to slaughter-houses shall be treated in a
humane manner, and, if kept there over twelve hours, shall be fed and watered.
(h) All pens or enclosures connected with any slaughter-house shall be kept in a
proper sanitary condition.
SEC. Slaughter-houses without ty limts. Any city or village having a meat
inspector under the provisions of this act shall refuse to permit to be brought within
its limits to be sold or offered for sale therein any meat from any slaughterhouse
situated outside its limit whose owner, lessee or occupant has not conformed to the
requirements specified in section five of this act, and the provisions of the ordinance
enacted by said city or village pursuant to this act and in force therein.
Sm. 7. Appropriation; disposition of fees. Any city or village hving an inspector
under the provisions of this act shall appropriate out of its general funds such su
of money as shall be deemed proper for the salary of the inspector and his deputies;
and in addition thereto, may apply the license fee and any fees accruing from the
inspections of animals and meats, to be paid thereunder for that purpose, or require
said fees to be covered into the city or village treasury.
SEc. 8. D1uies of deputy inspectors. All deputy inspectors shall have the same
powers and perform all the duties devolving upon the inspector under his direction
and superintendence, except that they shall make all reports required by this act to
the inspector, by whom sane shall be reported as hereinbefore provided.
SEc9. 9. Xpection by Federal authorities. All meat which haI'been inspected by
Federal authority shall not be subject to local inspection, except as to the market
vehicle or place at or from which it is sold or offered for sale and as to c
Sm, 10. Presn~re of meat in vehi les, de., evidence of inen to u (i food. In all
prosecutions for violations of any ordinance enacted pursuant to this act, the fact
that any meat is found in any slaughter-house, market or vehicle within such city or
villag shall be presumptive evdence that the same was intended for use as human
Sic. 11. Locatio of slujhtier-house; public abatioir. No slaughter-house shall be
established or maintained nearer to the limits of any city or village tan is bed
by the law in this Stat: Provided, ho Any city or village having and
a S in S" ttu.te
(I So in StatuteH. ~ ~ ~ BIII~s r
enforced, an ordinance pursuant to this act may cause to be erected and maintained
a public abattoir in which all animals intended for human food ithin said city or
village may be slaughtered, regulate the use thereof, and the terms upon which the
same may be used: Proided, further, That nothing in this act shall be construed to
pr nt any farmer from killing, dressing and selling, in the open market, unless
i any animal or fowl intended for food that he has raised, fed or slaughtered,
: or ay dealer or merchant from buying or selling the same.
Approved May 14, 1903. Public Acts of 1903, No. 120, p. 140.
S1. andard for black pepper. Within this State no person, firm or cpopora-
tion shall manufacture, offer or expose for sale, keep in possession with intent to
sell, or ell any ground or whole black pepper containing any foreign substance
whatever. All black pepper shall contain not more than six and one-half per cent
ah or mineral matter; and shall contain not less than twenty-five per cent starch as
determined by the diastase method; and shall contain not less than six-tenths of
one per cent nor more than one and three-fourths per cent of volatile ether extract;
and hall contain not more than ten per cent nor less than six and one-half per cent
of non-volatile ether extract; and shall contain not more than sixteen per cent of
c. 2. Penalty. Whoever shall do any of the acts or things prohibited, or neglects
or refuses to do any of the acts or things enjoined by this act, or in any way violates
any of it provisions, shall be deemed guilty of a misdemeanor, and shall be punished
by a fine not less than twenty-five dollars nor more than five hundred dollars and
the costs of the prosecution or by imprisonment in the county jail not more than
ninty days, or by both such fine and imprisonment, in the discretion of the court.
Approved May 28, 1901. Public Acts, 1901, No. 180, pp. 255-256.
4911. (1) Pealties (dealer and manufacturer) forelligor eportisalt before ipected.
No salt manuftured or ined in this State, after this act takes effect, shall be sold
within or exported from thi State until the same shall be duly inspected, as pro-
vided in this act. Any person who shall violate the provisions of this section shall
pay, for the use of the people of this State, as a fine, the sum of one dollar for each
barrel or portion thereof of salt sold or exported contrary to the provisions of this
act. Inase any anufacturer or producer of salt shall, knowingly, sell or export,
or permit to be sold or exprted, salt, contrary to the provisions of this act, he shall,
upon conviction thereof, e liable to a fine not exceeding one thouad dollars or
imprisonment in the county jail not exceedig ninety days: Prowided, That nothing
in this act shall apply to salt packed or purchased and in the hands of producers or
dealers when this act takes effect.-C. L. 171, 18. Hrw. 1494; At 0 Qf 1-o9,
amended by Act 186 of 1861, encouraged the mnumaurte Act .0 169 repaled
that ar; amended June ?0, 15. Ablic A 1 (N. 32), p. 9Op .
4912. (2) Appoin nt of ipector. Immediately after the expiration of the
present inspector's te of ofice, and every two years thereafter, there shall e
appinted by the governor of this State, by and with the advic and consent of the
ate, an inspector of salt, who shall be a perso of com ptent skill and ability, and
who shall hold his office for two years and ntil his asuccssor all o appointd and
qualified, unle sooner removed for caus. e shall at all times b subject to
remova by the governor cause; and i addition t other causes hich may
rise, incompetency or inficiency in the perforance of the duties devolved on him
by thiact, shall deemed good cause or reoval. In ca of vacancy in the
298 FOODS AND FOOD CONTROL.
office, it shall be the duty of the governor to fill the same by appointment immedi-
ately upon receiving notice thereof, and such appointment shall hold until the close
of the next session of the senate; and, in the meantime, the governor
consent of the senate, appint to fill the vacancy for the unexpired
term.-C. L. 1871, 1459. Am. 1879, p. 55; app. May 1; Aug. 0, Act 9. How.
4913. (3) Inspection districts; deputies. Immediately after his t and
qualification, the inspector shall divide the salt-aking territory of into so
many inspection districts as he may judge necessary, and shall appoint h dis-
trict one or ore competent and efficient deputy inspectors, who shall at
the pleasure of the inspector, and for whose at he shall be responsible. Such dis-
tricts may be changed from time to time, as may be necessary. The inspector shall
give his entire time, skill and attention to the dutie of his office, and not be
engaged in any other business or occupation.-(. L. 1871, 1460;ow. 1496.
4914. (4) Saaries and expteses. The inspector shall be entitled to receive an
annual salary of fifteen hundred dollars; he shall also be allowed the further sum of
three hundred dollars, annually, for the expenses of providing and g his
office and for clerk hire, stationery, books, and printing; and such further sum as he
may actually and necessarily expend in traveling, and other ex, in an amount
not to exceed seven hundred dollars per annum, which shall be inin the
proper discharge of his duties; his deputy shall be entitled to such sums in ea e
as he may approve, not exceeding, in any case, the sum of one hundred dollars per
month for the time actually employed: Provided, That such deputy inspectors may
be allowed their necessary expenses in addition to the above sum when employed
outside their respective districts. All salaries and expenses provided for by this act
shall be retained by the inspector out of the money received, under the provisions
of section five of this act, and accounted for and paid out by him,as provided by
this act, which salaries shall be paid monthly: Provided, That in case the amount of
money received for the inspection of alt, according to the provisions of section five
of this act, shall not be sufficient to pay salaries and expenses of the inspector and
his deputies, as provided for herein, that the amount of such deficiency shall be
deducted from said salaries, pro rata to each.-. L. 1871, 1461. Am. 187, p. 544;
ap. May 3, Act 199. Am. 1875, p. 14; pp. pr. 16, Act 8. Am. 1877, p. 71; app.
May 3, Act 90. Am. 1879, p. 256; app. May 31, ef. Aug. 30, Act 49. 1497.
Am. Jue 20, 1905. Public Acts 190 (No. 3), p. 00.
4915. (5) upection fees; ipector's accounts. Each person, firm, company, and
corporation engaged in the manufacture or production of salt, or for whomanysaltshall
be inspected, shall, from time to time, as salt is inspected, or offered for inspection, pay
on demand, to the salt inspector or the deputy of the district where te salt is
inspected, three mills for each two undred eighty pounds of salt ins oroffered
for inspection: Prodded, That the same may be required by the inspector to b
paid in advance: And provided furter, That but on inspection fee shallbe paid upon
the same salt. In case any person, firm, ompany, or corporation shall or
refuse to pay such inspection fees on demand at his, their, or its offic n ry,
or mine, the party s refusing, shall be liable in n action therefor, in thname of
the inspector, and the certificate of inspection, with the proof of ti e of the
insp tor or deputy inspector, giving the same, shall he pria faie proof of the la-
bility and the extent of liability of the party s in default;and t shall be lawful for
the inspector and his deputy to refuse to inspect salt manufactured at the works,
anufatory, or mine so in default, until te aount de i paid. All m
received by or paid to any deputy inspectr, under this section, shall be ot t
paid to the inspector. The inspector shall keep just a n tre accounts of all m ey
eceived under this section, and an account of the amounts received from r aid
by ah peron, fir, pany, and corpration engaged in the prod
l other things appertaining to the duties of the office, and the said books and
nts shall always during office hours, be subject to the inspction and exami-
an of any peron who may wish to examine them, and shall be handed over to
s c r in office, together with all the money and effec appertaining to said
SL 171, 146. Am. 1875, p. 14; app. Apr. 16, Act 86. Amr. 1877, p. 71;
M 3, 90. Am. 1879, p. 256; app. May 31; eff. Aug. 30, Act 49. How.
0149. A. 1905. Publi Acts 1905 (No. 323), p. 501.
4 () Inpector's oah and bond. The insector shall, bfore entering ulon
of hi office, take the oath rescried by the constitution of this state,
h oath shall be fil in the offic of the secretary of state. He shall execute a
Sto the people of this state in the penal sum of seven thousand dollars, condi-
tioned for the faithful performance of the duties of his office, which bond shall have
at two sureties, and shall be subject to the approval of the state treasurer; and
when approved shall be by such treasurer filed and deposited in his office; and the
inspcr shall renew his bond every year. Any peron or poration injured by
Snlect or default of such inspector, or by his misfeasance in office, or by the
ne default or malfeaance [misfeasance] of any of his deputies, may maintain an
action on such bond in the name of the people, for the use of the party prosecuting,
shall entitled t recover the full amount of damaes sustained.-C. L. 1871,
1 Am. 1879, p. 257; app. May 31; ef. Aug. 30, Act 249. How. 1499.
4917. (7) Deputies' oath and bond. Each of the deputie appointed by the inspector
ha take the oath of office prescribed by the constitution, and shall ive bnd to
the in tor in such sum, and with such sureties a he may approve, conditioned
r the faithful perfornce of his duties as such deputy; and in case id insector
shll be obliged to pay any sum for the neglect or default, or isfeaance of any
uty, he mbay recover of such deputy, and his sureties on such bond, the amount
e w obliged to pay, with accruing costs.-('. L. 1871, 16, low. 1500.
491S (8) Ofe and open records f iispector. The inspector shall keep a principal
ofcin soe one of the principal slt producing districts of this state, and the
puty spctor for the district, in which such office is located may occupy the
an office. Such office shall e open at all times during business hours. All the
books, records and accounts shall be kept in such office, and each deputy inspector
all, at least once in each month, make a written report, by mail or otherwie, to
inspector, of salt ins ted by him, during the month, stating for whom, and
the quality and quantity theref. Abstracts of these rerts shall b entered in
hooks for that purose. Said inspector shall, in proper h0oos, keep a complete
rd and account of all his trasactioin, and such hooks shall alo be ope for the
examinion of all ern wishin-g to examine same during office lhours(. L. L8: /,
1465. Am. 1875, p. 124; app. Apr. 1, Act 8;. or. 15/01. Am. J187, p. ; q/p.
Jue 1; c tpt. 2A, Arct 203. Am. Jun 20, At. Public .cis 1905 (NJ 1 Y. ,, p. 52.
9491. (9) Ieecetur must ot eal in salt. The inspiectr shall not be in any way
concerned the manufacture or selling of salt, or have any intert whatever, dircly
or indirectly, in any salt manufactory, or erection for manufacturing salt in the Stat
of M hign, or in the profits of tny such manufactory.- L. 7/, 1O.; low. 1502.
4920. (10) Daily ipcton of nan ifctoris by deputies. It shall Ib tile duty of the
deuty, in each district, to visit, once in each day, Sundays excepdl, each salt man-
tory n hi district, when in ,opration, and t a certain if there le therein ny
saltof bad quality,and such asought notto pa inseontiom.-C. L. '71, 147; llow. 150S.
4921. (I1) hlpcction i n fisof orieby inspc tor.L t sh the duty of the
ctor to visit the manfactori in which salt is made, that may tb in operation
in the different ditricts, s often as paticable.. L. '71, 1 ; f 0. 1504.
4922. (12) ~1arcter of ipen. The in etr or deputy, at each visit, as p-
vidd in this act, shall carefully examine the alt in the bian, ad the brine in kettl .,
or pn, or vats in which the salt is m ufactred; if the Malt in the hior any art
300 FOODS AND FOOD CONTROL.
thereof is of bad quality, and such as ought not to p inspection, ine
the kettles, or pans, or graining-vats have not been cleansed, he will de and see
that the owner, or occupant, or boiler, or other person havig c
factory, remove the ad salt from the bin and place it l or
throw it among the bitterns, as the inspector or deputy may direct, and the
brine in the kettles, or pans, or graining-va be thrown out, and new brine
tuted.-C. L. '71, 1469; How. 1505.
4923. (13) Penalty for using lime or lime water. No lime or i war shall be
used by any person in the manufacture of salt, in the kettles, or or graining-
vats used for manufacturing, under a penalty of twenty-five dollarsd costs r each
offense, to be sued for in the name of the people of this state: That iron
vessels usd in the manufacture of salt may be whitewashed, when cool, to prevent
the accumulation of rust.-C. L. '71, 1470; ow. 1506.
4924. (14) Applicationfor inspector. Every person desiring to have salt inspected,
shall apply to the inspector or deputy inspector of the district where the same shall
be, which inspector or deputy inspector shall thereupon actuallyexamine the saltso
offered for inspection, in the package in which the same may then be.-C. L. '71
1471; How. 1507.
4925. (15) Packages to be opeed for iecti. To facilitate such examination, it
shall be the duty of the person or company offering the salt for inspection, tounhead
or bore the barrel, or to open the bag or other package in which theltis contained,
as may be directed by the inspector or deputy inspector, so as to expose the salt to
his touch, view, and examination.-C. L. '71, 1472; How. 1508.
4926. (16) Good salt defined. The inspector, or deputy inspector shall not pass
any salt as good, unless he shall find it to be well made, free from dirt, filth and
stones, and from admixture of lime, or ashes of wood, and of any other substance
which is injurious to salt, fully drained from pickle, the bitterns properly extracted
therefrom, and manufactured as directed by this act, and by the rules and regula-
tions of the inspector.-C. L. '71, 1473; How. 1509.
4927. (17) Neceseary help and branding material to be furnished oer of salt. The
person or company offering the same for inspection, shall in all cases provide the ne
essary force to lift the salt while the inspector or deputy weighs or measures it, and
shall also furnish the necessary help and material to brand the salt for and under the
direction of the inspector or deputy inspector.-C. L. '71, 1474; How. 1510.
4928. (18) Jnufcturer toproride scal. Each manucturer shall provide scale
or balace at his works, to be examined from time to time, and approved by the.
inspector, in which all the salt offered for inspection at his works may be weighed.-
C. L. '71, 1475; How. 1511.
4929. (19) petor's certficate and brand. Each spector or deputy shall deliver
to the party for whom he shall inspect salt, a certificate of the quantity and qualit
inspected, and shall thereupon direct the employds of the manufacturer to brand and
mark, under his personal supervision, with durable paint, the package con ng
the salt so inspected, with the surname of the inspector at length, and the nitial of
his christian name, with the addition of the word "inspector," in t least one
inch in length, and shall also cause marked or branded by the employds of the
manufacturer upon the head of the barrel, cask, or package, the weight prescribed
for such barrel, ask, or package by the inspector, when such weights are in con-
foriiity to the rules and regulations precribed by the inspector in that rega; and
if such weights do not correspond to the rules and regulations e shall cause the same
to be repacked o as to.conform thereto.-C. L. '71, 1476. Am. 1875, p.1M5; ap. Apr.
16, Act 86; Hiow. 1512.
4930. (20) rti of arrels. If the said salt shall e put up in bre t
shall not be arked nles the barrlare thorouhly seasonedtout and made
ith h numberof hoops as shall be prescribed by the inspector, to be we'1 nailed
SL. '71, 1477. Am. 187, p. 58; app. Mar. 8, Act 56; How. 151.
()for cting marks or brands. Every person who shall
lsely or fraudulently mke or counterfeit, or cause to be made or counterfeited, or
the false or fraudulent making or counterfeiting the mark
Sinpector or deputy inspector, on any package containing salt, shal
y of felony, and on conviction thereof, shall be subject to a fine of
nt than one hundred nor more than one thousand dollars, or be imprisoned in
Sfor a term not less than one nor more than six years, or both, in the
tion of the court.-C. L. '71, 1478. How. 1514.
() Drainage of salt before packing; inpection. No manufacturer or other
rs h pack, or cause to be packed,or or offer for sale in barrels, casks,
oxes, sacks, or in bulk, any salt, until an inspector shall have determined, upon
t anation, that the same is sufficiently drained of pickle, and otherwise fit
All salt shall stand in the boxes at least twenty days before packing, and
e tim will be taken to commence from the last discharge of wet salt into the bins;
the packing of any such salt allowed until the same has been declared fit
purp upon an actual examination by the inspector or his deputy, and the
of any salt without express permission, although twenty days may have
lapsed, shall not be allowed.-C. L. '71, 1479. How. 1515; Am. 1883, p. 162; app.
June 5; ef. ept. 8; Act 150.
(23) Inspeon of salt bins s to packg. The inspector and his deputies,
St iy examination of theseveral salt manufactories, shall examine all bins
alt fr te p of ascertaining whether any salt is packed ntrary to the pro-
of the foroing section.-C. L. '71, 1480. Am. 1875, p. 15; app. Apr. 16;
Act 86; How. 1516.
(24) Penalty for packing before iection. If any man cturer or other
n pack any salt before the inspector or one of his deputies shall have
t it is fit for packing, he shall forfeit the sum of twenty-five cents for
y bushel~f t so packed.-C. L. '71, 181; Ho. 1517.
(2) e for packing uninpeed alt in branded casks. Barrel, casks or
cks in which salt shall have been packed and inspected, shall not again be used
re ing of salt therein, until the mark or brands made by the inspector shall
t out or removed; and if any person shall pack, or cae to be packe, or
hall aid or assist in packing any uninspected salt in any such barrels, casks, or sacks,
i t first cutting out or removing such marks or brands, he shall forfeit, for
of salt so packed, the sum of one dollar.-C. L. '71, 18. ow. 1518.
49. (26) Ma facturer'. name to be branded on casks of first class slt It shall be
e d o e manufacturer o brand or mark, with durable paint, every cask or
of salt manufactured by him, with the surname at full length of the proprie-
Sof the anufactor at which the stne shall have been made, and the
iitial letters of his christian name, and if the same shall have been manufactured
Scompany, or o on of individuals, he shall mark or brand, in like manner,
pon every such cask or barrel, the name by which the company is usually called:
That noeco quality ltshall so mark.-. L. '71, r. 1519.
497. (27) Inpeors brand must not be a ed before the mn rer' brand. No
spector or deputy inspector shall inspect or pass any arrel, ask, ox, or sak of
alt which shall not be arked or branded in the manner prscrild in the last
e the i tooro deputy hall not affix his brand to any arrel of salt
i shal t he bn bra by the manufacter offering the sae for
spection: idd, Tat none of the p ion of this section hall apply toecond
ulitylt: e inetor may, by reglations pres
y hi, provide that both the brand of the manufacturer and that of the inspetor
ball b put upon each pakage at the same time.-C L. ',1, 1484. How. 1620.
10943-No. 69, pt 4-06----3
302 FOODS AND FOOD CONTROL.
49. (28) Bradiof secod quality" salt. Saltofan inferior quality--irty,
damaged or condemned-may be sold loose, or in bulk, by the
at the works, the inspector, making bills of the same, d by
weight, as in ordinary cases and distinguishing the same q or,
such inferior salt may be packed in boxes, barrels, casks or and
the inspector with the words "second quality salt," in plain letters not les a
one inch in length, and such inspector shall add the initils of his name, and no
other or different brand shall be placed thereon; and said quality salt, sb-
ject to the provisions of this section, may be sold or exported by the owner as
such.-C. L. '71, 145. How. 1521.
4939. (29) Pealty for forin anufacurer's brand. Every who hall
forge or counterfeit the nae so required to be put on by theor
cause, or procure to be put on any barrel o cask in which salt shall be packed, the
name of any person other than that which properly should be placed thereon accord-
ing to the provisions of this act, shall, for every such barrel, cask or sack, forfeit the
sum of one hundred dollars, and shall also be liable for all a to he party
aggrieved.-C. L. '71, 1486. How. 1522.
4940. (30) Inspector to pecify quntity of salt in packes. The r shall, by
regulation from time to time, specify the quantity of salt that shall be contained in
bags or other packages which shall be offered for inspection. And it shall not be
lawful for him to authorize the inspector's brand to be placed upon any that
does not correspond with said regulation.-C. L. '71, 147. o.
4941. (31) Brands for ground salt. The inspector shall, by regulation, require
that all ground salt manufactured and put up for market, shall be legibly marked on
each keg, box, sack, bag, or other package containing the sae, with the words
"ground solar," or "ground boiled," or "ground steam," or "ground Chapin,"
as the fact may be. Such marking to be done in letters not less tn an inch in
length.-C. L. '71, 1488. How. 1524.
4942. (32) Penalty for betrayal of trust by inspector. If the inspector shall consent to,
connive at, aid or abet the smuggling of salt, or the trasportation of the sae away,
so as to evade the inspection thereof, or shall accept of any bribe, or sum of money,
or any gift, or reward whatsoever, upon any express, or secret or implied trust, or
confidence that he shall connive at, or consent to any evasion of the laws for the
inspetion of salt, such inspector shall forfeit his office, and pay to the use of the
people of this state the sum of one thousand dollars.-C. L. '71, 1489. 155.
4943. (33) Betrayal of trut by depty ipector. If any deputy inpector hall
be guilty of the offenss spified in the last section, or any of the, the inspector
appointing such deputy shall forfeit to the use of the people of this state the s of
two hundred and fifty dollars, for the recovery of which his bond shall be put in
suit.-U. L. '71, 1490. low. 156.i
4944. (34) Insct1r exept from jury s The inspector and each of is
deputies shall be exempt from serving on juries, and from all military service,
in cas of actual invasion or inurrection; and the commission or appointment in
writing of any such officer or deputy shall be evidenc of the fact t terein.
C. L. '71, 1491. fIow. 157.
4945. (35) r of petor to reg. The inspector shall hae power
from time to time, to make and ordain such necessary rules and regulations as he
may deem expedient, concerning:
First, The manufacturing and inspection of salt not inconsisnt with the provi-
sions of this act;
Second, The daily examination, and reporting by his deputies, of the tion
and extent of the several salt anufactories, so a to determine whether the quantity
of salt inspected at each manufactory, is equal to the quantity actually manufactured
hird The districting of the t-making territory in this state, and the duties of
deputies under this act, and he may alter and rvoke such rules and regulations
pleasure.-C. L. '71, 149. Ho. 1528.
(36) fixed by inspector; plcaion of rues. The inspector shall
e er to annex penalties, not exceeding ten dollars in any case, to the viola-
of les and regulations; such rules and regulations shall be printed and
t up in the office of the inspector, and in each manufactory, and published at
n some newspaper in each county where salt is anufactured, and shall,
they have been posted and published as aforesaid for one week, b binding
all persons concerned.-. L. '71, 149. Ifow. 1529.
4947. (37) nspection to be made within 12 hours after demand; pealty for delay.
It shall the duty of the inspector and his deputies, upon being applied to by any
r toinspect salt in his district, to insect the same forthwith; and in no
ca hll the inspector, or any deputy, delay the inspection of salt beyond twelve
Sof daylight, excluding Sunday, after such application, unless such manufa-
turr hall consent to the delay. For a violation of this section by the inspector, or
ny one of his deputies, the inspector and his sureties shall be liable to the party
aggrved in the sum of fifty dollars over and beyond all actual damages sustained.-
C L '71, 1494. How. 1530.
4948. (38) Sa~ of bitterns. Nothing contained in this act shall be construed so as
to prevent e sale or exportation of the bitterns from any manufactory of salt, such
b s to be sold or exported in bulk, or if in asks or barrels, to be branded as
and sold or exported as such.-r L. '71, 1495. fw. 1531.
4949 ) I or's In case of any acancy from any cause, in the
e of the inspector, the deputy who has been longest continuously in office shall
posesthe powers and perfor the duties of inspectr until such vacancy shall be
; and the bond of the inspector and his sureties shall continue to be liable for
Sa of all the deputies until such vacancy shall be filled.-C. L. '71, 19. Am.
1875, p. 125; app. Apr. 16; Act 86. Iow. 1582.
4 (40) I ctor's report. The inspector shall annually, in the month of
Decmer, and on or before the fifteenth day thereof, make a report to the governor
of this state, which shall contain:
First, The nuber of district into which the salt-producing territory of the state
may then be divided, with the name and locality of each, and the numbr and
ty of the works of each district;
Second, The quantity and quality of salt inspected in each district during the pre-
Third, The ount rceived, and expense incurred under this act for the preced-
ing year, in detail;
Fourt, Such suestions eand reconendations as he may think proper to make
ccerning the manufactre of silt, and the operation of the inslpction laws ulon
the same, and as to what further legislation upon the subject, if any, would be advim
able. A copy of such report shall be published immediately after its date, in ome
newspaper i the Saginaw valley.-C L. '71, 14. l .
4951. (41) Grades of "fine" milt and scond qEdlity." The inslector shall estab-
lh a grade of "fine" salt, the gn of which shall be at ast as fine as the average
gri of salt made in kettles. He shall canse the word "fine" to be marked on the
containg suc salt, in large letters, and the wor "ine", with or without
qulifiation, shall not, nder ny circustances, be pced on salt of cars grin;
but all other grades shall be designated on the packages by some truly descriptive
mk or band, a the inspector may mark salt "second quality," for i rfect
grain, a well s for any other defect L. '7, 149. 1
4912. (42) Sade of~d in bulk; prirate brands, Nothingt in thl s act contained shall
So to revent the le or ship met of salt in ulk. after the se shall have
804 FOODS AND FOOD CONTROL.
been duly inspected, and a certificate therf given by
and nothing in this act shall be construed to prevent man
such private trade-mark or brand on their salt as they may see I
contains no untruth, or statement calculated or intended to deceive the purchaser.-
C. L 1. '1, 1499. How. 1535.
4958. (430) Diosal of urplu nd. In case the i er sll a e ie
making any annual report, have a surplus of money arisig fm te in
in this act provided for, in his hands, he shall apportion
to the persons, firms or corporations for whom salt has been i th
preceding year in proportion to the amounts paid by them respectiely for inspe
tion fees: Prded, That in no case shall the state be held liable
or expenditure in consequence of any of the provisions of this '71,
Am. 1875, p. 195; app. Apr. 16; Act 86. How. 1536.
Compiled Laws 1897, vol. 2, ch. 125, pp. 1561-1569.
SEc. 1. Labels required; styleprescribed. No person shall offer or expose for sale,
have in his possession with intent to sell, or sell, any cane syrup, beet syrup, or glu-
cose, unless the barrel, cask, keg, can, pail or package containing the same be dis-
tinctly branded or labeled with the true and appropriate name; nor any person
offer or expose for sale, have in his possession with intent to sell, or sel an cane
syrup or beet syrup mixed with glucose unless the barrel, cask, pail or
package containing the same be distinctly branded or abeled"Glucose"
or Corn Syrup" in plain Gothic type not less than three-eighths of an inch sq
with the name and percentage by weight of each ingredient therein
plainly stamped, branded or stenciled on each package in plain othic leters not
less than one quarter of an inch square. Each and every package of syrup either
simple or mixed shall bear the name and address of the manu. Such mix-
tures or syrups shall have no other designation or brand than herein required
rresents or is the name of any article which contains a saccharin ce
all brands or labels required shall be an inseparable part of he or distin-
guishing label, and that the general or distinguishing label shall be that principal
and conspicuous sign under which it is sold.
Se. 2. Penalty. Whoever shall do any of the acts or thin prohibited, or lect
or refuse to do any of the acts or things required by this act, or in any way violate
any of the provisions, shall be deemed guilty of a misdemeanor, and shall be pun-
ished by a fine not less than twenty-five dollars nor more than one hundred dollars,
or by imprisonment in the county jail for a perio of not less than thirty nor more
than ninety days, or by both such fine and imprisonment in the disreton of the
This act is ordered to take immediate effect.
Approved May 15, 1903. Public Acts 1903, Act No. 123, p. 14.
5003. (1) Pure rine r diwd. No person shall manufature for sale, offer or
expose for sale, sell or deliver, or have in his po on with intent to ell oreli
any vinegar not in compliance with the provisions of this act. N vi
sold s applE, orchard or cider vinegar, which ii not the legi e p o
apple juice, known a apple cider or vinegar, not made excsively
cider or vinear into which foreign su tance, drugs or acids haveb i
a See also General Food Laws, see. 5024, p. 276.
as may appear upon proper test, and upon said test, shall contain not less than one
fourthper cent, by weight, of cider vinegar olids upon full evaporation
at the temperature of boiling water.
5004. (2) "Ferented" or "distilled" vinegar to be so branded; standard for fer-
All vin r by fermentation and oxidation without the inter-
on shall be branded "fermented vinegar," with the name of the
Sfrom which the same is made. And all vinegar made wholly or
t distilled liquor, shall branded distilled vingar," and all of such
shall be free from coloring matter added during or after distillation
c other than that imparted to it by distillation. And all fermented
vi ndistilled shall contain not less than one and three-fourths per cent, by
Sfull evaporation (at the temperature of boiling water) of solids, con-
Sthe fruit or grain from which said vinegar is fermente, and said vinegar
all c ain not less than two and a half tenths of one per cent ash or mineral
matr, te same being the product of the material from which said vinegar is manu-
And all vinegar shall be made wholly from the fruit or grain from which
Sto be or is represented to be made, and shall contain no foreign substance,
d s co in not less than four per cent, by weight, of absolute acetic acid.
(3) Injurious vinegar prohibited; branding. No person shall manufacture
Sfor sale, or have in his on with intent to sell, any vinegar found
r test to contain any preparation of lead, copper, sulphuric or other
mial a, or other ingredients injurious to health. And all packages cntaining
ibe marked, stenciled or branded on the head of the cask, barrel or keg
ii ch vinegar with the name and residence of the manufacturer, together
required in section two hereof.
006. (4) Penalty. Whoever violates any of the provisions of this act shall, upon
be fined not less than fifty dollars nor more than one hundred dollars,
in the county jail not to exceed ninety days and the costs of prose-
tion, o by both such fine and imprisonment in the discretion of the court.
SApril 16, 1897. Compiled Laws 197, vol. 2, p. 1583.
DIGEST AND RULINGS.
Bi G POWDERs.-All pkages containing same must bear name d address of
uCan be sold without formula, but if labeled cream of tartar,
powder, etc., must be true to name.
T FLOUR.-If labeled "Buckwheat Flour" must be true to name. Ca
be ixe with substances not injurious to health if labeled, uckwheat Flour orn-
pound," "Bckwheat Flour Substitute," or "Adulterated Buckwhat Flour," in
letts nt les than one inch in length, followed by the name and address of the
SBuckwheat Flour containing no other ingredients but for leavening and
seaso g purposes may be sold if labeled, "Selfrising Buck wheat Flour."
BrrER.-Must be made exclusively of milk or cream, May be colored with clor-
ing matrnot injurious to health. Butter factories where milk or creati is pur-
or cotributed by three or more persons must register with t Depart
on or before April 1 of each year.
Process butter must be labeled as such. See ruling under head of Process Butter.
CAN.'-Mut not ontain term alba, arytes, tale, or other earthy or mineral
substance, or any poisonous colors or flavors, or ingredients detrimental to health.
CAT .-All packages containing samne must bear the name and address of the
manufacturer. .Must contain no ingredienta injurious to health.
CO1EEE.-Must be iade exclusively of milk or cream. Only cheese made from
milk from which no crean has been taken an be sold or branded, "Full Cream
Cheese," or "Full Milk Chese." Chese factories where milk or cram is pur-
306 FOODS AND FOOD CONTROL .
chased of or contributed by three or more persons must register withthe Department
on or before April 1, of each year. Authorized brands
gan Full Cream Cheese," may be obtained from the De ent
fee of one dollar.
COFFEE.-If sold as such must be true to nae.May be mixed
other substances not injurious to health, if marked or labeled "C Cmpo ,"
together with the nae and address of the manufacturer or c
no other label of whatever name or designation. This applies to
taining such coffee whethei put up for immediate delivery or fr
COFFEE SUBSTITUTE.- ixtures of cereals or other articles sold as forcof
fee, must be sold as a mixture or compound under an original or n n and
under the name of any ingredient contained therein. All pac containi
must bear the name and address of the manufacturer or compo therf.
CHOCOLATES AND COCOAs.-If containing no other bstances than cocoa ma,
sugar and flavoring will not be classed as a compound or mixture.
CANNED GOODs.-Must bear nae and address of packer. If dried before
must be labeled, "Soaked or Bleached Goods, in letters not less twoline
in size. The sale of peas or other vegetabl greened with copper is bited.
CEAM OF TARTAR. -Must be pure and true to name. Cannot be mixed or com-
pounded with any other article and sold under the name of any ingredient thereof,
even though it be labeled mixture or compound.
EXTRACTS, FLAVORING.-Bottles or packages containing extracts st bear the
name and address of the manufacturer. Vanilla flavoring ustbe without a
color. This includes all extracts of vanilla or tonka, whether mixed or s e.
Extracts of vanilla and tonka may be mixed and sold as "Extract of Vanilla and
Tonka," or simply "Extract of Tonka." The labeling of an ex of vanilla and
tonka as "Extract of Vanilla," or "Compound Extract of V"with the per
cent of each ingredient contained therein, is not proper, and will be considered an
adulteration. It must be understood that when an extract of vanilla and tonka is
labeled with both names, the type used is to be similar in style and size, and that one
name is not to be given greater prominence than another.
FARINACEOUS GOOD.-Must be true to name. Barley, Hoiny, Cracked or Rolled
Wheat or Oats, Tapioca, and like articles, must be pure and unadulterated. If
mixed or compounded with other ticles, must be sold as a ixture or compound,
under an original or coin name, and not under the name of any ingredient contained
therein. All packages containing mixtures or compounds of this kind must bear the
name and address of the manufacturer or compounder thereof.
HONEY.-Honey must be pure. Cannot be mixed wi glucose or othersubstances
and sold as "Honey Compound."
JELLY.-Imitation fruit jellies, butter or other similar compounds made or co
posed in whole or in prt of glucose, dextrine, starch or other substances be
sold if uncolored, are not injurious, and are distinctly and durably labeled "Imita-
tion Fruit Jelly or Butter," with the name and location of manufac and have
no other label of whatever ame.
LADr.-Imitation lard in manufacturers' package mustbe y branded or
labeled either "Lard Compound," "Adulterated Lard," or "Lard Substitute," in
letters not less than one inch in length, and hall be followed with the of the
maker and factory, and the location of such factory. If kept or sold in other t
manufacturrs' package, the nae of maker or factory is not n, b e
every package must be distinctly tabeled Lard Compound," Adulterated Lard,"
or ard Substitute," printed in letters not less than one-half inh in l Thi
also applies to smaller quantities when put up for ni'ediate delivery.
LiquoBs.-Spirituous, fermented, or malt liquors must not contain drugs or poisons
or inrediets deletri r uhealthy. Perin
or preparing sme in any way must brand on each arrel, ck, or vssel contain-
iinhe same, the name of the person, firm or corporation manufacturing, rectifying
or aring the same and also the words, "Pure and Without Drugs or Poison.
Speron shall sell at wholesale or retail any such liquors from an barrel. cask or
vessel less the same shall have been branded and marked as aforesaid.
AP UAR AND MAPLE SYRUP.-Must be pure and true to name. Cannot be
mix other sugar or syrup and old as "Maple Sugar Compound or Maple
-M t contain not less than 3 per cent fat and 124 per cent solids. Milk
whh cream has been removed must be labeled and sold "Skim Milk."
sale ofmilk which is impure, unwholesome or adulterated, or from cows which
are or fed upon the refuse of a distillery or brewery, or upon any sustance
.dele s to the quality of the milk, such as garbage, swill, or any substance in a
of fermentation or putrefaction, or from cows kept in connection with a family
i which there is infctious isease, is prohibited. The addition of coloring mater
or vves to milk is prohibited.
-Must branded with its true and appropriate name and mut be true
Vo same. (See Syrup.)
SOLEON RIN.-All compounds of animal or vegetable fats made in imitation or
blance of butter, or calculated to be used as or for butter, must be known and
designated as Oleomargarine.
The use of the name of any breed of dairy cattle, or the use of any words or
ymbls commonly used in the sale of butter, is forbidden in the ale, exposure for
or advertisement of any oleomargarine.
li Propriors of any place where oleomargarine is sold or furnished must have con-
spicuosly placed on the walls of the room where the same is sold or furished, a
Splrd containing the words "Oleomargarine Sold or Used Here" rinted in
ink in plain Rman letters not less than three inche in length or less than
tw c in width. This applies to hotel, restaurant d boarding hous keepers
where oleomargarine is served.
S containing oleomargarine must e brand a sch in ordinary bold-
capital letters not le than five line pica in size, together with the name and
of the manufacturer and the name of each and every article or ingredient
ed or entering into its composition in ordinary old-faced letters not less than pi
Deemust notify purchasers at the time of slling oleomargarine by verbal notice
that the me is a substitute for butter, and must deliver to the purclasr a se-
and distinct label on which shall be printed in black ink in ordinary ld fae
Snot less than five line pi in size, the word" Olomargarine," t gther
the name and addr of the manufacturer and the name of each article uise
and entering into its composition in ordinary ld-faced letters not less than pica in
Oleomargarine must not be in imitation of yelow butter.
PA K FL .-f containig mire than one article must be sold as a mixture
or como under an original or cin name, and not under the name of any igrv-
contained therein. Packages cntaning same must lar the namle and aIllre
of the manufacturer or compunder.
P E-All black pepper shall contain not more than six ad one-half per cent
ash or mneral matter, and shall contain not 1s than twenty-five per cent starch am
d by the diastase metho; an shall contain not less than six- tnth f one
per cent nor more than one and three-fourths ipr cent of volatile ether ext.act; and
shall contain not more than ten per cent nor less than six and one-half per cent of
non-volatile ether extract; and hall contain nt more than six n pr cent of crude
308 FOODS AND FOD coNTRL.
PRPAD STARD.-Pure mustard mixed with vinegar and
labeled "Prepared Mustard" and bear the name and addre of
but if any substance or substances are added to cheapen it such as il
be deemed adulterated. The label proper must contain the words
tard," and have no other designation than herein required.
tive of the goods will be allowed upon the label below the wordsPrepared M
or below the name ad address of the manufacturer, but no printed matter of any
description will be allowed above the name "Prepared Mustard"
PROCEs BuI.-All packages containing same sold, offered or for sale,
or in ion with intent to sell, must be labeled Process Butter."
Packages put up for immediate delivery must be covered by on
must be printed in conspicuous letters the words "Process Butter."
If packed in tubs or other receptacle te words "Process Butter" must be printed
in one-inch letters on the top and two sides of the same.
If uncovered and not contained in a tub or receptacle a placard conining the
words "Process Butter" must be attached to the mass, in a manner ing
plain and prominent.
SYRUPS.-Each barrel, cask, can, keg or pail containing mo syrup or gl
shall be distinctly branded or labeled with the true and appropriate name of su
article. Packages containing molasses or syrup mixed with glucose shall be b
or labeled "Glucose Mixture" and the per cent in which glucose enters into it
composition. All brands or labels shall be in letters of not less than one-half inch
in length and shall be in a conspicuous place. Glucose and glucoe mixtures shall
have no other designation than herein required. Glucose mixtures mst bear the
name and address of the manufacturer.
SPICEs.-Must be pure and true to name. Cannot be mixed or compounded with
any other article and sold under the name of any ingredient thereof, even though
the package be labeled mixture or compound.
VINEGABS.-All packages containing vinegar must branded with te name and
address of the manufacturer. All vinegars must contain not less than four per
by weight of absolute acetic acid and must not contain any preparation of lead, cop-
per, sulphuric acid, or ingredient injurious to health. All vinegars made by frmen-
tation and oxidation must be branded "fermented vinegar," wth the name of the
fruit or substance from which the same is made, must be free from forein ubstance
and must contain not less than one and three-fourths per cent by weight of solids
contained in the fruit or grain from which said vinegar is fermented, and not less
than two and a half tenths of one per cent ash or mineral atter, te same beingth
product of the material from which said vinegar is manufactured. All vi
made wholly or in part fro distilled liquor must be braded "distilled vinegar,"
and must be free from artificial coloring matter. Onlyinegar made fro pure
apple juice, free from foreign substances, drugs, or acids, and containing not less
than one and three-fourths per cent by weight of cider vinegar solids, can be sold
apple, orchard or cider vinegar.
SState dairy and food department is charged with the enforce-
t of the foo laws. The dairy and food commissioner, E. K.
r, writes as follows in regrd to the efficiency of the laws:
The eiciency of the Minnesota food laws is well established. The new code of
law i takes effect March 1, 1906, is a codification of all exiting laws, and I
Sthat they will be very effeive* * Under the present liquor law
considable improvement has been brought about in the quality of the goods sold
State, but the law needs further strengthening. It simply provides for the
p ibition of certain poisonous or injurious ingredients and no standard has been
S for quality. With the exception of the liquor law I feel that the pure food
laws of this State are very effective.
Te following compilation has been furnished by the Minnesota
daiy ad food department, having been issued by that department in
advae of the revised code for 1905, now in preparation, The status
Sthis compilation, as reported by the department, is that these laws
were approved April 18, 1905, to take effect March 1, 1906, and the
i code in which they will be found is now in pres.
GENERAL FOOD LAWS.
SEl 1. Dairy andfood commisioer. The governor shall appoint a Dairy and Food
Commisoner whose term of office shall extend to the first Monday in January of
the od numbered year next after his appointment and until his succesor qualifies;
governor y supercede such commissioner at pleasure. He shall cause to
be en dall the provisions of this chapter and all other laws designed to prvent
:frdand deception in the manufacture and sale of human foo and drink and the
several ingreients thereof, and shall have authority to take ll proper educational
Is to foster and proote the manufacture and sale of pure f)ol products. All
herender shall be qualified electors of this stat. The conmissioner
shall be a practical dairyman; the assistant commissioner, chemists, inspectors and
all and other persons apointed by the commissioner shall be, practical men
and especially trained and equippe for their particular lines of work. IHe shall
r t on or for the fifteenth day of ach seion of the legislature cnceIrning his
offial acts sliowing receipts and disbursements of his office, and may issue public
bulletinof information from time to time.
Sc. 2. daeand pes. He shall receive a salary of $2,(0 per annum and
hall be allowed the expens necessarily incurr by him in the dischar of his
du He may appoint an assistant commissioner at a salary of $1. O per annum;
a at a laryo $1,200 prann ; one chief chemist at a ala of $i ,
per annu; and when neede an t chemist or ch ists, each at a lary not
The lineed oil law and paint lw e en itted-not coming within th
scope of this report.
310 rOODS AND FOOD ONTROL.
to exceed $100 per month; and such number of inspectors as may be necesary
at not to exceed one hundred dollars per month. The expense n
by such subordinates shall be allowed and paid in addition to aa a
emloy necessary legal counsel. The expenses properly incurred by
appointees shall be paid by warrant of the state auditor upon item
thereof approved by him or his assistnt. The total expenses of the offce incud
ing salaries and compensation of all employes, shall not exceed in any year the
appropriation made therefor plus the amount allowed by law to the commisioner
for moneys received from licenses, fines and articles confiscated and sold under this
SEC. 3. Right f pection. For obtaining infoation regarding
tions of law, the commisioner and his employes shall have access to all places where
any article of food or other article, the manufacture or sale of which is
regulated or prohibited by this chapter, is or may be manufactured, prepared, stored,
kept for sale or sold, or where cows or other animals are pastured or ta ; to car
or other carriages used for transportation of such articles or animals to places
where food is or may be cooked, prepared, sold or kept for sale to or for the public
or distributed as a part of the compensation of servants and agent, il public
and private hospitals, lumber and railroad camps, inns, boarding and houses,
drinking places, dining cars, boat and other places where any of articles may
be sold and they may inspect any package or receptacle found therein apparently
containing any article of food or ingredient thereof, or any other article the manu-
facture, or sale of which is restricted, regulated or forbidden by this chapter, and
may take samples therefrom for analysis. Any person obstructin such entry or
inspection, or failing upon request to assist therein, shall be guilty of aa
SE. 4. Office; reports. ooms shall be provided in the capitol for the office and
laboratory of the commissioner. Hemay require reports from persons enin
the manufacture or sale of dairy products, and all owners or operators of creaeries
and cheese factories shall on the first day of March in each year, and atsuch other
times as he may fix, send to him a full and accurate report of the amount of busine
done during the year preceding, together with such other statistical as
he may require.
SE. 5. Deinitio; idence of intent. The word person" as used in this chapter,
shall be construed as including a copartnership, association, or corporation, and no
person who shall commit or assist in committing any offense herein defined shall be
exempt from punishment therefor for the reason that e acted as the gt, employe
or representative of another. The words "sell" and "sale," asused hereinshall be
construed as including the offering or exposing for sale or exchange of the prohibited
article, the having of any such article in possession with intent to sell or ee
the same, and the storing, carrying, or handling thereof in aid of traffic therein,
whether done or permitted in person or through others. The term food" shall be
construed as including all articl single, mixed or compound and howsver e-
pared which are used, or designed or offered for use by ma, for, or in food, drink
or condiment. The having in poession of any article, the sale or use of which is
prohibited by this chapter shall be deemed pria facie evidence of intent to sell or
use the sme in vioiotin of law.
Revised Code, 1905, ch. 21 (in preparation).
S". 1. Rht of ition and analy For the proper enforcement of the laws of
this tate, already or hereafter enacted, which may e digned t prevent,
or punish the sale or use of commodities for huan consumption which are del
rious to health and not true in name, the dairy and food commissioer by h -
sel, or employv of his department in addition to having the authority a
othrwise conferred by law is authorized and em wered to have and take
all railroad car of every sort or nature transported or being within this
s all railroad station, storage houses, warehoes or express offices, or other
places wherein there may at any time be commodities shipped within thisstate from
without designed for human consumption whether such onmmoities have been sold
or giv away without the state, provided such sale or gift was or is with the intent
commodities be delivered, had or used withn the state, and the dairy and
,:foo c missioner by himself or the employe of his department shall have the same
and authority to oen any package, can or vessel, so shippe within thi state
Swithot, which contains or which h has reason to believe cntai any such
ty to inspect the cotents thereof and t take saples therefro for analysis,
l a the same manner and with the same procedure as obtains by law in reference
to larco oditie manu tured, sold or exposed for sale within the state. If it
s l appar that any such commoity or commodities so shipped within this state
frm without is of a character or composition, the mnufacture, sale or exposing for
of which within the state is forbidden by any laws then in force as deleterious to
Sand not true in name, tye dairy and food ommisioner shall have the same
Sand remedies, and shall enforce such rights and remedies aainst such com-
moity or commodities in the same manner as in the cases of similar commodities
when anufactured, sold or exposed for sale within the state. On receiving notice
fro the comisoner, or any authorized employe of his department that he desires
to pect the contents of any such package, can or vesel, contaiinig, as he believes,
any commodity, it shall be the duty of any conmon carrier, or warhousem
or their employ o other person having the same in his psssion, or under his
control to withhold the same from delivery within this state such timle a may be
obly nee y for the inspection and nalysis thereof. It is further made the
duty of all common carriers and warehouseen and enployes thereof to render the
commii r and his employes all the assistance in their power when so required
to te the purpose of this at. In case such inspection or analysis of any such
ty shall discose therein igreients deleterious to health and ot true in
Sdefined by any law of this ate, such comon arrier or warehouseen,
or employes thereof, shall on demand isclose to the commissioner the naes an
dres of the cosigor d consign of the package, n or vessel containing
me and the commissioner shall, before pro ding further, as agaist such
commodity, ntify such consignor or consignee in writing at their resective
ad ss as so disclosed of the results of such inspection and analysis. Any failure
on the part of any common carrier, warehouseman, storae man, or employe theiref,
to do or observe the provisions heref shall be misdemeanor.
2 Ee. This act shall take effect ad be in force foI and aftr its pai a
Approved April 12, 190. General Laws 1905, ih. 15,. p. 192-19'.
SFA. 7. Adulterawin or imi of f; pny. Every rson who,
with intent that the same may be sold as umadulterated or undilated, hall adlterate
or dilute wine, milk, distilled srit, or malt lii luor, or any dru, ic licine, food, or
drink for man or east; or shall offer for sal e or sell the sme asmiaulterated or
undiluted, or withot discling to or informing the purchasr that lte sae has
been adulterated or diluted; or shall manufture, ell, expose, or offer for sale, as
uch artile f foo or drink, any substan in imitation theref, without disclosig
the imitatio by a iae d plainly visily mark or brand; or with intent that
the same may A use as food, drink, or rneicine, shtll s11, offr or exlpA for sale,
y arti wwhi to his knowlge has becone spoile, tatinte, or for
any cause unfit to be ed as food, drink, or minicirn, where sleial proylsion has
otherwise en by statte for its punishment shall guilty of a s
eanorand unished by a fne of not les than $25, or by imprisonment in the
312 FOODS AND FOOD CONTROL.
county jail for not less than 30 days.- atutes 1894, see. 4; Laws of
1901, ch. 117.
SE. 37. General tests for ad Any artie,
use as food, which is not expressly included within the tes of any
this chapter, shall for the purposes herin, be subjected to the ts f alt i
prescribed for spices and condiments in section twenty-nine of this chapter;
such article or preparation be adulterated as therein defined; it shall be unlawful to
sell the same.
SEC. 38. ious or tainted foods prohibited. The manufacture or sale of any article,
designed or offered for sale or use as food, is prohibited, if it contain or is mixed
with, or by use of any substance or preparation the manacture or
specifically prohibited by any section of this chapter; or if it be in itsf i,
if it contain any ingredient injurious to health; or if it consist in whole or in part of
a filthy or decomposed substance, or of any portion of any animal unfit fo od, or
of the product of a diseased animal, or one that has died otherwise la
And it shall be unlawful to add or apply to any article d
food, any preservative which conceals or tends to conceal the
evidence of putrefaction, taint or filth existing in such article, or or
tends to conceal, inferiority in any form.
SEc 41. Misbranding. Any person who either fails to affix or d
marking, label, card or placard in the manner and form required by any st of
this chapter, or who fails to fully or truthfully state thereon all th as in sec-
ion required, or who places thereon anything other than the specific data or infor-
mation therein called for; any peron who shall remove, erase, or
obliterate any such mark, brand, label, card or placard so required by any
person ho shall place upon any article designed or offered for sale, or as food,
or any article mentioned in this chapter, or upon any receptacle or contain-
ing the same, anything which might deceive or tend to deceive the purchaser, as to
the substance from which such article is made or which it contains, or in respect to
its quality, strength or quantity, or in respect to the source of its manu orp-
duction, or which conflicts with, confuse or conceals any data or
required by this chapter to be set forth by the aforesaid mark, brand, label, d or
placard, shall be deemed guilty of a misdemeanor, which shall be known as
branding; and the article concerning, or upon which such misbranding is done, shall
be deemed a misbranded article.
SE. 42. Penalties; evidence. Te having in ion of any article whh is mis-
branded, within the meaning of the preceding etin, shall be d a
evidence that the same is kept in violation of the law. Every violation of any pro-
vision of this chapter shall be deemed a misdemeanor and wherever th mii
punishment is not hereinbefore expressly prescribed, such minimum be a
of not less than fifteen (15) dollars, or not less than twenty (20) days it.
In all criminal proecutions under thi chapter the doing of any act prohibi
thereby or the failure to do any act commanded, shall be prima facie eof an
intent to violat the law; and in any such prosecution the certificate of
sioner's chemist making the analysis when sworn to by him, shall be e
evidence of the facts therein stated; and wherever in thi chapter the man
or sale of any article or preparation is forbidden by the use of the word "p bited,"
pliance with any labeling, marking or placarding requirement h
Sconstrued as making such manufacture or sale lawful
SEc. 43. izure; search arra. The comissioner shall eize allg the sale
of which is prohibited by this chapter, or which are kept or offered f l
lation of any provision hereof, and for this purpose and several employehall
a See" 320.
hpowers of a c able. Such seir be b made without a warrant, but
Sas ible, e shall cause the person suspected of such vio-
of law t be and prosecuted therefor. When necessary, a search
t y be as in the case of stolen property; the form of the complaint
warrant being adapted to the purpose of this chapter.
eited good. The search warrant shall be directed to the sheriff or any
No security for costs shall be required thereon, nor upo any proecu-
this chapter. All goods seized, whether with or without warrant, shall
y kept by the officer so long as they may be needed as evidence; and, if found,
the trial, to have been kept, offered or sold in violation of law, sch goods
be forfeited to the state, and shall be disposed of as directed by the court.
45 Price not collectible. No action shall be maintained for the purchase price
of any goods, the sale of which is prohibited by this chapter, or which are
or intended to be sold in a manner forbidden hereby. Nor shall any person e
lfor the price or value of food or board furnished in violation of any provision
; fines; receit. In all prosecutions under this chapter, the costs
the shall bepaid and collected as in other criminal cases; but all fine collected
lbe paid into the state treasury, and be added, together with all fees and other
of the commissioner, to the appropriation made for the support of his office
for the current year.
SEc.47. Appropriations. The sum of fifteen (15) thousand dollars, or as much
as may be ry, is hereby appropriated annually for the crrying out of
Spurses of this chapter and for the salaries and exenses of the State Dairy and
ood Commissioner, his assistant and employes.
evise Code, 1905 (Penal Code), ch. 96 (in preparation),
Prohibited ingrediet; penalty. No rson shall ke, brew, distil, sell, or
e, i any form, any adulterated, spirituous, fermented or distilled liquor, and any
u liquor shall be deemed adulterated if it contains any of the following named
: Co lu indicus, chloride of sodium, copperas, opium, extract of log-
wood, cayenne pepper, picric acid, Indian hemp, strychnine, arsenic, alum, tobacco,
of zinc, copper or lead, ethyl alcohol or derivatives therefrom, ayl alcohol,
l-tar dye, or any poisonous or injurious ingredient. Every violation of the po-
of this section shall be deemed a misdemeanor, and the firt offense here-
r shall be punished by a fine of not less than twenty-five (25) dollars or not les
n ten (10) d imprisonment, and any subsequent offense by a fine or imprison-
t which shall be not less than double the nimum herein presrie for the
first offense hereunder.
Code, 190 (Penal Code), h. 96 (in preparation).
Spc. a Any substance or preparation designwl or offered
r l or use asaking p wder as a substitute tIhrefor, or in imitation thIreof,
shal for th purposes of this chapter be deemed included in the term Bking
The manufacture or sale of any aking powder, which contains any ingredient
injurious to health, is prohlbited.
WN person shall sell any baking powder unl each rep le or packe in which
the sape is ptr ale orld, has securely affi in x a consp place uon the
and plainly sep ted f other reing mattr, whit r ht col
314 FOODS AND FOOD CONTROL.
label, upon the outside face of which label shall be printed in the
with black ink, in type not smaller than eight point, boldfaced, the
words: "This baking powder is composed of the following i i
other," and immediately thereafter upon the same label, in color, and
above specified, there shall be printed the name of each ingredient in
baking powder, using the name by which each ingredient is comonly known;
there shall also appear upon such label the name and address of the manufacturer of
such baking powder.
Revised Code, 1905 (Penal Code), ch. 96 (in preparation).
SE. 34. No person shall manufacture or sell ulterated confectionery; and con-
fectionery shall be deemed adulterated if it contain terra alba, barytes, tal, coal-tar
dye, or any other poisonous or injurious coloring matter, or any poisonous or injur-
ios flavoring matter, or any substance injurious to health.
Revised Code, 1905 (Penal Code), ch. 96 (in preparation).
SEc. 4. Liquid easure. The standard measure of capacity or liquids, except
beer and milk, shall be the wine gallon, containing 231 cubic inches; and 31,50 gal-
lons shall constitute a barrel, and 63 gallons a hogshead. The standard measure o
capacity for beer and milk shall be the gallon containing 282 cubic inches The half
gallon shall contain one hundred forty-one cubic inches, and the quart nehalf as
much and the pint one-half as much as the quart.- Laws of 1903, c. 68, ec.
SEc. 6. Impre milk and cream. No person shall sell unwholesome or adulterated
milk or cream.
Milk or cream that has not been well cooled and aerated, or to which preserva-
tives of any kind have been added; milk drawn from cows kept in a crowded condi-
tion or in places not well ventilated or lighted, or which from any are filthy
or unsanitary, or from unclean or diseased cows, or those fed with distillery waste,
brewery grains, waste of vinegar or sugar factries, garbage or decayed substances in
any form, except ensilage from silos properly managed; ilk drawn from cows within
fifteen days before, or five days after giving birth to a calf; and milk or cream which
has been kept in or near stables where any animal is housed, or i any building
attached to such stable, or in any ple where bad air exists, and cream taken from
unwholesome or adulterated milk, shall be deemed unwholesome and adtera
within the meaning of this chapter.
Milk from which any normal constituent has been abstracted or milk containing
any substance not a normal constituent thereof, or mor than eighty-seven per cent
of water, or less than thirteei per cent of milk solids of whih at least three an a
half per cent shall be fat, and cream in which there is less than twenty per cent o
butter fat or which contains any foreign thickening, or coloring or any
abnormal ingredient whatsoever, shall be deemed adulterated; nor shall any article
of food be manufacture from unwholesome or adulterated milk or ream except as
No person producing milk or cream for market, or exchange or for man
the same into article of food shall feed milch cattle any dillery waste or brewery
grains or the waste of vinegar orsugar factories, or garbage or any
is decayed and unhealthy.
8c. 7. Skimmed milk. Notwithstanding the provisions of the
milk from which the cream has been removed, if such milk is otherwise w
and unadulterated may be sold a such to makers of skim cheese as hereinafter
and b licensedealers; but in the latter case only from vessels legibly
mrked with the words "Skimed Milk" in plain, black letter upon a light colored
bacgund, ad each letter being at least one inch high and one-half inch wide, and
said words being placed on the top or side of each vessel. These requirements, how-
ever, I al not apply to skimmed or separated milk delivered to any patron of a
ry who regularly sells milk to the proprietor thereof, but all milk so deliv-
shall first be pasteurized at a temperature of at least one hundred and eighty
SE. 8. Sales licenSed. No person shall sell milk or cream in, or to be used in, any
municipal corporation, except for the purpose of supplying the same to a butter or
Sfactory, without being licensed by the dairy and food commissioner, and the
e for such license shall be one dollar for each place or vehicle from which sale is
made. Every such license shall expire on the first day of May next after its issue,
shall be given only to a person owning or leasing the vehicle or plae from which
es are to be made and shall not be transferred. Each license shall be numered
and shall contain the name, residence and place of business of the licensee, the name
of all emplyes to act thereunder, and the number of vehies and places to be used.
The name and number of the license shall be plainly inscribed on both sides of each
vehie in us for the purposes aforesaid, and every sale from a vehicle not so inscried
shall be deemed a misdemeanor. Every license shall report to the commissioner
any change of driver or person employed by him in connection with such sales which
may occur during the term of his license. Any person keeping not more than one
cow shall be exempted from the provisions of this sction.
c. 9. License revoked. The comminsioner may withhold a license from any appli-
ant therefor whom he may dee unworthy and may revoke any license issued by
him to an owner who has violated the terms thereof, or who has failed to comply
with any requirement of this chapter, or refused or failed to obey his lawful requst
or direction, and every conviction of the licensee for an offene punishahle under this
hapter shall be a sufficient ground for uch revocation.
E8. 10. anrd meares ad ests. The standard pipette for measurement of
milk shall have a capacity of seventeen and six-tenths cubic centimeters, and for
crea 18 cubic centimeters. The standard test tue or ottle for milk shall have a
apacity between zero and ten on the gra(uated scale marked on the neck thereof, of
two cubic centimeters of mercury, at a temperature of sixty dgrees Fahrenheit, and
for cream a capacity of six cubic centimeters of mercury, at the sme temperature
between zero and thirty on the scale. Any person who shall use any other masure
or tet for milk or cream sold or purchaseat prices determined by the proportion of
butter fat contained therin; any erson who shall manipulate or under read the
Babcok test or any other contrivance used for determining the quality or value of
milk; and any person who shall manufacture or ell, a cream or milk piltte or
asu, which is not correctly marke or gradated as herein provid4d, shall be
deemed guilty of a misdemeanor.
01c.I n to be clewnsed; ur mIilk. Every person receiving milk or cream from
a co on carrier in cans or other vessels which are to b returned to the shipper,
shall cause such vessl to be promptly emptied and bfore returning the s~mi to be
thoroghly ce e No eron shall ship or deliver to any manufacturr or deaer
any milk or cream that liahoeo sour unlss it b so labled.
n12. ory rrds. No ersn enged in making butter or chlte or others
ot of cream or milk furnished by them shall withhold or permit o be withheld,
any part of the cream or milk o frnised, or any product thereof, without the
knowldge and consent of the owner. Every aker shall keep a record of all quan-
tities of milk and crea recivd ach day and from whom received and the dispo
ition therof, also of the weight of all chei and A btter ade ach day, and of thel
number and te eight of all packes of es and butter delivered to those
316 FOODS AND 'FOD CONTROL.
furnishing milk and cream for man or oth
shall be exhibited on request to the commissioner and his em
sons furnishing milk and cream to such maker.
SEC. 13. Skim cheese; placards. No person shall man
cheese any sustance not the exclusive product of milk. Cheese
forty-five per cent of fatto total solids therein shall be kn n as sm c
and no person shall sell the same unless the words "skim c be p
tered thereon in letters made with bold-faced type not less than one and one-half
inches long, upon the circumference of the cheese, and the
placed upon the outside of each package in which it is kept for
every person who sels the same or furnishes it to boarders or
cause placards to be kept continuously posted in a conspicuous p
walls of the room wherein such skim cheese is sold, or served of
which placards there shall be distinctly and legibly printed in the
and in letters of sufficient size to be visible from all parts of the word
"skim cheese sold (or served) here."
SEC. 14. MJnnesota brands. Any person manufacturing in this state cheese above
the grade of skim cheese or butter which is wholly and exclusively of
wholesome and unadulterated milk or cream may label and sell the same as Minne-
sota Full Crea Cheese or Minnesota Pure Dairy (or Cream ) ," the
case may be, and may add to such brand or label the name of the
such cheese or butter is made, using for the purse a numbered n r
nished by the Dairy and Food Commissioner. Such commissioner shall to
manufacturer under such regulation as to the custody and use ththe
sioner may prescribe, uniform stencil brands for such marking; keepia of
the number of each-and of the name and place of residence of the
receiving the same.
Any person who shall without authority of the commissioner, as aforesaid, use any
such brand or label, or any person who shall use such brand or label upo c or
butter below the grade aforesaid, shall be guilty of a misdemeanor.
Soc. 15. Inspection of dairies. At such times as he may deem proper he shall cause
to be inspected all places where dairy products are made, so or od
for pay, and all places where cows are kept by persons e in the of milk or
cream and may require the the correction of ll unsanitary conditions and practices found
Ever refusal or neglect to obey any lawful direction of the co ii
aent given in carrying out the provisions of this chapter shall be a
SE. 16. Local inpection. The governing authority of any municipal co
may by ordinance, provide for the inspection of milk a butter within it
limits, and of dairies, and dairy herds kept for the production of such or;
and may prescribe the terms upon which such ales may be made and afx
for violation thereof; but no such ordinance shall cnflict with ny law of thi ,
or interfere with any power or duty of the Dairy and Foodhi
S. 17. Water standard fo b No n manufacture for le or l ny
dairyor creamery butter which contains mor than sixteen per cent of
c. 18. Roatd tter. No person shall sell any butter made by
packing stock, or other butter, or both, and melting the same and drawing off, or
extracting the buter fat, and mixing sch fat with skimmed milk, or cre or
ilk product, and rechrning or reworking such mixture; or any butt
by any process, coan only known as boiled, proces or renovated butter
wordas Renovated Butter" shall be plainly branded with boldface letters, at least
three-fourths of an inch in length, on the top and sides of each recetacle ackae
pper in which it is kept for sale or sold. And if such butter is exposed for
uncovered, or not in a recep le package or wrapper, then a placard containing
the words "Renovated Butter" printed in style and manner as aforesaid, shall be
to the maof butter in suchmanneras to be easily seen and read by pur-
butter. No person shall sell any butter made of part cream and
part c n and other ingredients by what is known as the "Quinness Patent" or
or that made by other similar process, whereby the aein of milk and other
ingredients are made to imitate and resemble genuine butter made from cream,
each package or receptacle in which the same is kept for sle or sold shall be
stamped or marked "Patent Butter" on the top and sides thereof, with lamp black
oil, in letters at least one-fourth of an inch wide, and one-half of an inch long;
d n addition to such marking the seller at the time of the sale shall give to the
a printed card, stating distinctly and correctly the different ingredients
contained in said compound.
20 itating yello utter; penalty. The manufacture or sle of oleomargarine,
ne, or similarly constituted butter substitute, which is made or colored to
imite yellow butter is prohibited. Every violation of the provision of this section
Sbe deeed a misdemeanor, the punishment whereof shall be a fine of not less
fifty dollars or imprisonment for not less than sixty days.
21. Brading of oleoargar. Oleomargarine or butterine or similarly con-
Sbutter substitutes may be sold if not in semblance of yellow butter, and if
e from prohibited iredien and otherwi wholesome, provided each wrapper
or in which the same is kept for sale, or sold, shall be plainly and con-
u ly branded by stamp or label with the word "Oleomargarine or "But-
"in the English language, in letters not smaller than thirty-six point, old-
c capitals, and provided also, the seller keeps constantly an conspicuosly
ton both sides of the room in which the sale is mae, a placard, the face of
whih shall contain plainly printed thereon, in the Enlih language, in black ink,
in type not smaller than six inches in length, the words "Oleomargarine (or
Butterine) sold here."
c. 22. Notie when erg oleorarie hotels, etc. Every manager or mana-
S t of any establishment, either public or private, where guests, oarders or
Sare served with food for pay, who shall serve or use as butter, or as a sub-
stitute therefor any oleaginous substance or compound other than that produced
wholly from unadulterated ilk or cream, shall cause to be plainly printed upon
e bill of fare, if one e ed, in letter not smaller than eight point, ld faced
Sin the English language, the words "Olemargarine (or butterine or
subtitute) used in place of buttr;" and in case no bill of fare be used the
oer person in charge of such establishment shall cause to be iste upo
ech side of the dining or eating room in a cospicuous poition and in ltters large
en to be distinctly seen and re from all parts of the room, placards containing
on the face thereof the words in the English language, "Olemargarine (or butter-
i or other substitute) used in place of butter." And such person shall keep said
continuoly postdas aoe aid, olo n g basuc uttr subfitiu be kept
c. 23. r. No pers sll manufacture for sale, advertise or sell, any
or compound designed or offered for sale or use, a an adultrant of, or pre-
e of milk, butter or cheese; nor shall any p n add or apply to milk, but-
Sor any borax, boric aid, salicylic acid, formaldehyde, formalin, or other
t or e; provided, however, that this section shall not apply to
pure salt added to butter or heee.
Revised Code, 1905, ch. 158 (in preparation).
1043--No. 60, pt4--)-
318 FOODS AND OOD CONTROL.
SEc. 33. Defniti; bstitues; labels. Pure honey is wholly the natural product
of honey bees, collected and made by them from the nectars of
rine exudations of plants.
If made by bees in whole or in part from glucose, sugar, syr material
fed to them for the purpose, such product i "fed honey" and sh, for te
of this chapter, be deemed and known as "honey substitute."
If designed or offered for sale or use, as honey, or as a substi r
imitation thereof, any substance or preparation which is not pure ey wt te
meaning of the above definition, shall, for the purposes of this be
and known as "honey substitute."
The foregoing definitions and terms shall be deemed to apply both to b
and to the extracted or strained products of comb honey.
The manufacture or sale of any honey substitute, which contains any ingredient
injurious to health, is prohibited.
No person shall sell any honey substitute, unless each or
frame in which it is kept for sale or sold, shall have securely affixed in
place upon the side thereof, and plainly separated from other matter, a
separate and ditinct white label, upon the outside face of which label shall be
printed in the English language, with black ink, in type not smaller ten point,
bold-faced, gothic capitals, the words "This preparation is honey substitute, com-
posed of;" and immediately following upon the same label, in color, style and man
ner aforesaid, there shall appear the name and proportionate amount by weit, of
each ingredient contained in such substitute, using the name by which
dient is commonly known; and there shall also appear upon suh te name and
address of the manufacturer of such substitute, and if such substitute consists in
whole or in part of fed honey, then, there shall also appear upon such label, he
name of each substance fed to the bees producing such fed hoy gether with the
name and location of the apiary from which such fed honey came.
Revised Code, 1905 (Penal Code), ch. 96 (in preparation).
S. 35.. Definitions; sustiute; label. Lard, to e deemed pure, must b com-
posed wholly of rendered hog fat and must contain intact every constituent noral
to rendered hog fat.
If designed or offered for sale or use s lard, or as a substitute therefor, or in imita-
tion thereof, any substance or preparation, which is not pre lard, within the mean-
ing of the above definition, shall for the purpose of this chaptere deeed and
known as "lard substitute."
The manufacture or sale of any lard substitute which tains any i
injurious to health is prohibited.
No person shall sell any lard substitute, unless each receptacle in sa
is kept for sale or sold, shall have securely affixed in a csi p upon the
side thereof, a stencil brand or light colored label, upon the ou ace of which
shall appear in the English language, in letters not smaller than thirty-six point, bold-
faced, gothic capitals, the words "ard Substitute," and i ediately fol n
color, style and manner afosaid, there shall apar the name and
amount by weight, of each ingredient contained in such bstitute, the
by which each ingredient is commonly known; and there shall also ap r
such label the name and addre of the manfacture or packer of such subst
and in adition to the proper labeling of such receptacle, as hereinbefore
the seller shall furnih to the purchaser, at the timeof sale a card up hic isi
tinctly and legibly prnted in English all data and information required ri
upon the label afore aid.
36. otice when are used in bakerie, hotel, e. No person shall sell
y bakery or other place where prepared foods are kept for sale or sold, and no
shall serve to gu boarders or patients for pay, any food prepared wholly
or in part from, with, or by use of lard substitute, unless at the time of such sale or
ebe furnished to the purcaser a card or printed notice upon which is
y and legibly printed in English the words "This food is prepared with lard
ubstitute and such person shall also keep constantly posted upon the walls of the
sale or service is made, in conspicuous positions, a notice, upon which
distinctly and legibly printed in English, and in letters of sufficient size to
isble from all parts of the room, the words "Lard Substitute is used in the
prep ton of food sold (or served) here."
Revised Code, 1905 (Penal Code), ch. 96 (in preparation).
SEC 7J. &le of unwholesome x)ltry a misdemeanor. Every person who shall offer
or ex e for sale at retail, for human food, at any public market, store, shop, or
h ou, or in or about any street or other public place, any domestic or wild fowls, or
any slaughtered rabbits, squirrels, or other small animals, wild or tame, unless the
e ais, crops, and other offensi parts are properly drawn and removed, shall be
guilty of a misdemeanor.-Laws of 1895, ch. 901.
Protection of meat; penalty. Every dealer in slaughtered fresh meat, fish,
", or game for human food, at wholesale or retail, at any etablished place or as a
pe n the transportation of such food from place to place to customers, shall
the same from dust, flies, and other vermin or substance which may inju-
risaffect it, by securely covering it while being so trnsported. Every violation
oregoing provision shall be a misdemeanor, punishable by a fine of not less
than1 or by imprisonment in the county jail for not less than 10 days.-Las of
Revised Code, 1905 (Penal Code), ch. 96 (in preparation).
S.. 30. finition; prohibitio; fl. Pure fruit jelly shall be definle as a prepa-
ati consisting wholly of the product obtained by evaporating the natural juice of
the fruit specified with or without the addition of ane sugar, and containing no
Pure fruitja, preserves and maralae shall each e definel a preparation
cons g wholly of the fruit speified, preserv in a syrup made of cane sugar and
pure water, and containing no other ingredients.
If dor offered for sale or use as, or in place of, or in imittion of either
fruit jelly, jam, preserves, or maralade, any sutance or preparation, which is not
pure within the maning of the above definitions, shall for the purp s of this chap-
ter be deemed and known as a substitute.
The manufacture or sale of any such substitute which contains cal-tar dye, or any
it injurious to health, is prohibited.
Sperson shall sell any such sutitute unl ach package or reepcle in which
"' the e is kept for sale or sold, shall have surely atfixel in a conspicunus place
upo the side theref, a separate an distinct white labl, upon the outside face o
whih lal shall be print in the nglish langag, with black ink, in tyfe not
r than eighteen point, lold -fac, gothic capitls, the wools: "Thi preparn-
tion is mixed and adulterated," and there shall akl appear upon such label the nam
and adre of the manufurr of sch sbstitute.
Revised Code, 190 ( ial Codel, 96 (in p arati).
320 FOODS ND FOO COTROL.
SEc.28. Dinitions; prohibiti. The words "spice" and ""
in this chapter, shall be deemed to include every substance known in a
spice or condiment, whether separately or in combination with others,
prepared, and such words shall also be deemed as including any su or
ration designed or offered for sale or use as a spice or condiment, or a substitute
for either, or in imitation of either.
The manufacture or sale of any spice or condiment which is injurious, or
which contains any ingredient injurious to health, is prohibited.
The manufacture or sale of any condiment containing, or prepared with, or by use
of vinegar which is adulterated within the meaning of Section 24 a of tis chapter is
prohibited; and nothing in this or the succeeding section shall be deemed to permit
the sale of vinegar as a separate condiment if such vinegar be adulterated within the
meaning of said Section 24.a
SEc. 29. Adulteration defined; labels. For the purpose of this chapter a spice or
condiment shall be deemed adulterated:
1. If it be so mixed or packed with other articles as to it strength or
2. If any normal constituent thereof has been*either in whole or in part ab-
3. If it be an imitation of the article named upon the label; or
4. If it be colored, powdered, or treated in any manner whereby damage or infe-
riority is concealed, or whereby the quantity, quality or value is mrepresented.
No person shall sell any spice or condiment which is adulterated hereinbefore
defined, unless each receptacle or package in which the same is kept for sale or sold,
shall have securely affixed in a conspicuous place upon the side thereof, and plainly
separated from other reading matter, a separate and distinct white label, upon the
outside face of which label shall be printed in the English language, in black ink, in
type not smaller than double pica, the words "mixed and adulterated," and imme-
diately following upon the same label, in color, style and manner aforesaid, there
shall appear the common English name of the spice or condiment which such recept-
acle or package contains, together with the net weight of such contents; and such
label shall also contain the name and address of the manufaturer or packer of such
spice or condiment.
No person shall sell any unadulterated spice or condiment uless the net weight of
the contents of the receptacle or package shall plainly appe in a conspicuous place
Revised Code, 1905 (Penal Code), ch. 96 (in preparation).
3Sc. 31. (aj pl sugt.r; rup defined; substitutes; labels. Pure maple sugar and pure
maple syrup shall each be defined as a product obined wholly by the evaporation
of the natural sap of the sugar maple tree: Provided, that maple syrup made by dis-
solving pure maple sugar in pure water, shall for the purp-ses of this chapter
If designed or offere for sale or use as either aple sugar or maple yrup, or as a
subtitute for either, or in imitation of ither, an substance or preparation which is
not pure, within the meaning of the above definition, shall for the purpose of this
chapter b demed and known as "maple sugar substitute" or "aple yrup sub-
titute," as the ase may be.
See p. 321.
Smanufacture or sale of any maple sugar 'substitute or any maple syrup substi-
which contain any ingredient njuious to health is prohibited.
No person shall sell any such substitute unless each receptacle or package in which
is kept for sale or sold, shall have securely affixed in a conspicous place
side thereof, and plainly separated from other reading ater, a separate
white or light colored label, upon the outside face of which label shall
in he English language, with black ink, in type not smaller than twelve
bold-faced, gothic capitals, the words "This maple sugar substitute (or
syrup substitute, as the case may be) is composed of;" and immediately fol-
upon the same label in color, style and manner aforesaid, there shall ppear
Sname of each ingredient contained in such substitute, using the name by which
Singredient is commonly known; and there shall also appear upon such lael
and address of the manufacturer of such substitute.
32. rghum yrp defined; utte; labels. Sorghum syrup, to be deemed
must consist wholly of the product obtained by the evaporation of the natural
jue of the sorghum plant.
If dsed or offered for sale or use as sorghum syrup, or as a substitute therefor,
or n imitation thereof, any substance or preparation, which is not pure sorghum
yp within the meaning of the above definition, shall for the purpo of this chap-
be deemed and known as "sorghum syrup substitute."
manufacture or sale of any sorghum syrup substitute which contains any
ent injurious to health is prohibited.
No person shall sell any sorghum syrup substitute, unless each receptacle in which
is kept for sale or sold, shall have securely affixed upon the side thereof a
separa and distinct white label, upon the outside face of which label, shall be
p t in the English language, with black ink, in type not smaller than thirty-six
bold-faced, gothi capitals, the words "This preparation is sorghum syrup sub-
e composed of;" and immediately following upon the same label, in color, style
manner aforesaid, there shall appear the name and proprtionate amount by
t, of each ingredien contained in such substitute, using the name by which
Singredient is commonly known; and there shall also appear upon sch label the
naeand address of the manufacturer of such substitte.
SCode, 1905 (Pena Code), ch. 9 (in preparation).
24 Definiion and sndard The te Vinegar" as used herein, shall be
to include any article or preparation digned or offere for ale or se as
-i or as a substitute therefor, or in imitation thereof.
No person shall sell as cider vinegar y article or preparation not mae wholly
from pure apple juice.
The manufacture or sale of ulterated vinegar for use in any form in food is pro-
hibited, and any vinegar shall be deeed adulterated:
SIf it contain less than four and one-half pr cntum by weight of aetic acid; or
2. If it contain any artificial coloring matter; or
3. If contan any mineral acid, or any acid or product originating fom the dis-
tillation of wood, or any poisonous metallic impurities, or any substance injurious to
4. If it be cider vinegr and contains le than two per enturn by weight of cider
vnar solids upon full evporatin at the teperature of biling ater.
S. 2. Brandg. No pron shall sell any vinegar, nl the receptac i
which it is kept for Sle or sold, be plainly and conspicuously marked, in the English
uain the head thereof by stencil, brand, or labe, with the nae of the
kind of vinetar therein containfed ,ts vercentage of etic acid by weight, the anmn
322 FOODS AND FOOD CONTROL.
of the substances from which it is nad, the name o the maker and the e of
manufacture. The size of the letters and the figurs in the mking hein r i
shall be not less than one inch in length when a barrel or l r s c
used, and when a cask, keg or any wooden receptacle of less than barrel size be used
the size of the letters and figures shall be not les than one-half inch in length; and
if the receptacle consists of a barrel, jug or similar container, the data and informa-
tion herein required shall be plainly printed, in English, with black ink, with type
not smaller than eighteen point bold-faced, gothic capitals, upon a white label, which
shall be securely affixed upon the side of such receptacle.
Revi ,d Code, 1905 (Penal Code), ch. 96 (in preparation).
DIRECTIONS FOR SAMPLING AND LABELING.
To all wholesale and retail dealers in dairy and food products coming under the
dairy and food laws of Minnesota:
In submitting samples for inspection to this department we ask ea
person to give us all the data possible concerning the articles n
promise to use the utmost energy to give a correct and speedy analysis of the same,
reserving the right, however, to give our department work the in each
All goods in dairy and food lines manufactured in the state of M are those
that this department will consider themselves particularly interested in and obli-
gated to give the most speedy analysis; those manufactured outside of Minnesota will
naturally look to their home states for information. However, we shall be pl
to grant any favor consistent with the general duties of this department
In sending in samples for analysis to this department of any manufactured product,
the following information must be given of each sample:
Name and location of manufacturer. If bought of jobber, the fir name and loa-
tion. Be particular as to this, and write names plainly.
Brand or name of article, any representation by seller as to quality or character of
To enable correct analysis to be made not less than the following quantities of ech
article should be sent:
Cheese, not less than six ounces.
Butter, not less than eight ounces.
Milk, not less than four ounces.
Cream, not less than four ounces.
Lard, not less than four ounces.
Baking powder, not less than one small can.
Vinegar, not less than four ounces.
Honey, not less than eight ounce.
Spices, not less than four ounces.
Food jellies, not less than one-half pound, or small original
Jams, not less than one-half pound, or small original package.
Preserv, not less than one-half pound, or small original package.
Beer, not less than one pint.
Wine, not less than one pint.
Liquor, not less than one pint.
Linseed oil, not less than eight ounces.
Maple yrup, not less than eight ounces.
Candy, not less than eight ounces.
White lead, not less than four ounces.
Mixed paints, not less than small can.
Baking powder labels must be in type no smaller than this size.
BAKING POWDER CONTAINS
tute labels must be printed in type no smaller than this size
Ssugar and maple syrup substitute labls nust he printed m type no smaller
size, 2 point Gothic caitas.
THIS MAPLE SUGAR
Jellies, jam and preserves substitute labels must be printed in type no smaller
is size, 18 point Gothic capitals.
Adulterated spices must be labeled "'Mixed and Adulterated in type no smaller
|than his size, 24 point Gothic capitals.
S hum substitute labels and also lard substitute labels must be printed in type
o smaller than this size, 36 point Gothic capitals.
S stencils on barrels shall b printed with lettrs one-inch in length, on
kegs or other wooden receptacles of less than arrel size, one-half inch in
Son jugs, etc., in type not smaller than 18 point Gothic apital.
oil containers must be stenciled ith letters not aller than one inh i
With the exception of the appointment of inspectors by county and
town authorities, no special provision is made for the enforemet of
the food laws of this State.
GENERAL FOOD LAWS.
952. Adulteration of food, drugs, candy, confects, and If any person
shall manufacture, sell, or keep or offer or exhibit for sale any adulterated food or
drug, as define : by law; or if any person shall manufacture, sell, or keep or offer or
exhibit for sale any candy, confect, or sweetmeat, in making which any preparation
of lime or other deleterious substance is used, he shall, upon conviction, be fined not
exceeding five hundred dollars, or be imprisoned in the county jail not more than
six months, or both.
Annotated Code, 1892, ch. 29, p. 311.
1242. Oleomargarine and other imitation food to be randed, et. A person who sell
or manufactures, exposes or offers for sale as an article of food, y oleomargarine or
other substance in imitation of any article of food, without disclosing the imitation
by a suitable and plainly visible mark or brand, indicating and naming what the
substance really is, shall be guilty of a misdemeanor, and, on conition, shall be
fined not less than ten dollars nor more than one hundred dollars, or be imprisoned
in the county jail not exceeding one month, or both.
Annotated Code, 1892, ch. 29, p. 365.
2095. The tenms "food" and "drugs" defined. The term "food" icludes ever
article used a food or drink by man; and the term "drug" includes all medicines
for external or internal use.
2096. The ter "food adulteration" defined. An article of food shall be deemed
(a) If any substance e mixed with it so as to lower or injur y affect it
quality or strength;
(b) If any inferior or cheaper substance or substances be substituted in whole or
in part for the article;
(c) If any valuable constituent of the article be, in whole or in part, or
(d) If it be an imitation of, or sold under the nae of, another article;
(e) If it conzist, in whole or in part, of a di or decompsed, or putrid or
rotten animal or vegetable subtance, whether manufactured or not; or
(f) In the ca of milk, if it be the produce of a diseased animal;
(g) If it b colored or coated, or powdered or polished, whereby dam e is on-
(aled, or if it e made t apar btter than it really is, or of greater value; or
(h) If it contain any added poisonous ingredient, or any ingredient injurious to
health; but this ection shall not apply to mixtures or compounds
ordinary articles of food.
M 1SS IPPIu 325
7. The term drug aulteration" dtied. A drug shall e deemed adulterated:
(a) If, when ld under a name recognized in the United States pharmacoeia
itiffer from the standard of strength, quality, or purity laid down therein.
(b) If, when sold under a name not recognized in said pharmacopoeia, but which
is found in some other pharmacopoeia or other standard work on materia medica, it
from the standard of strength, quality, or purity laid down in such work; or
() If it strength, quality, or purity fall below the professed standard under which
08. Inspectors of fod appointed. The board of spervisors of every county, and
the mayor and board of alderen of every city, town, and village, respectively, may
appit and commission a suitable person to be inspector of food, and said bards
ay direct, from time to time, what kinds of food shall be inspected.
Regulations adted; penalties. The said boards may, respectively, make
and publish all needful regulations for the government of the inspectors, and of
in food, and may enforce such regulations by proper penalties, and they may
prescribe and regulate the compensation of the inspector and hi fees and perquisites,
and define his duties.
2100. Ouh ad bond of inspector. Every inspector of food, efore he enters on his
duties, shall take and subscribe the following oath, to be attached to his commission:
"I, A B, do swear (or affirm) that, as inspector of food for the I will not
knowingly or willfully injure any person, or suffer any injury to be done by others,
with my knowledge or consent; and I will, at all times and in all things, well and
truly perform all the duties of inspector of food for the according to law, to
the best of my abiliti, without fraud, favor, or partiality. So help me God." And
he shal give bond, with sufficient sureties, payable to the county, city, town, or
vi e, in the sum of five hundred dollars, conditioned for the faithful periormance
of his duties.
2 Inspectors liable as other icers. Every inspector of food shall be liable,
civilly and criminally, as other officers are, for fraud and any malfeasance or mis-
Sin office and shall be liable on his bond for the sfe-keeping and accounting
or the standards of weights and measures.
210. The ipetor is keeper of the standards of weights and measures. The inspector
of foo of any county, city, town, or vilage shall be keeper of the standards of
ht and measures, and shall seal all weights and measures brought to him con-
ing or conformed to the standards.
2108. Instrmentsfor gauging liquors. In case it be necesary or roper, the board
of supervisors, or the ard of mayor and aldermen, shall supply the inspector with
all the ry instruents for gauging and ascertining the contents of vessels of
liquor; and such boards may direct and regulate the inspection, gauging, and imiark-
ing or branding packages of liquors, and enforce such regulations.
2104. Penaltjfor opposig the inspector. Any person who shall oppse or obstruct
any inspector of food in the discharge of his oflicial dutis, shall, for every such
, forfeit and pay two hundre dllars, and shall, moreover, e liabtle to an
action for any injury or aage that may e sustained by any such opposition or
210. Se of soud prwiion; pnalfor. If any person shall knowingly sel,
keep, or offer for sale as sound and wholsne, any taited, putrid, unsound,
unwholme, or unmerchantable povisions, as human ( or shall practice any
fraud or decpton whereby any such aprvision ar put off or sold, the whole of
1sc provisions, if of vaue for any purps, shall b fofeited to he county wherein
the ae may offered or kept for sale.
2106. u et harrelsofiur, ual, pork, and bef forfeited. If ny prsn shall
sell, keep, r offer fr ale, ay harrel of flour, mal prk, or le-f as a barrl
thereof, containing less tha the standard weiht net, he siall forfeit to the cunty
326 FOODS AND FOOD CONTROL.
all of such under-weight flour, meal, pork, or bef whic e y he i i
2107. Adulterated food d dug for If any person
for sle any adulterated food or drug, the whole of the adult a
forfeited to the county.
Annotated Code, 1892, ch. 50, p. 534.
1600. If a person shall sell any vinous, malt, alcoholic, intoxicat
liquors prepared by him or his agent, or knowing it to be prepared
certifiate or formula for adulteration, or shall adulterate the
shall be subject to indictment therefor, and, upon conviction, shall be
the penitentiary not less that one year nor more th five year
Annotated Code, 1892 ch. 37, p. 430.
-..- %- iil-fcS1
In response to a letter of inquiry, the following statement was made
y Mr. Robert Washburn, the State dairy commissioner, who is
with the enforcement of the dairy laws:
We have no general, comprehensive pure food law, nor any special means of enfore-
ing th special laws that we do have, except in the ce of dairy foods. The Missouri
darcommissioner has been in office only one month, and has not yet tested the
n of our new law. * The standards for milk and milk products pro-
mulgated by the United States Department of Agriculture have been adopted. (See
Part I, p. 13.)
GENERAL FOOD LAWS.
holeoe meat, bread, or drink; penalty. Every person who shall know-
inly sl the fleh of any animal dying otherwise than by slaughter, or slaughtered
when d e, or shall sell the flesh as of one aimal, knowing it to be that of
species, or shall sell unwholesoe bread or drink without making the same
ll known to the purchaser, and any butcher or other person who shall sell or
:orto sell the meat of any calf which was killed before it had attained to the age
Si shall be deemed guilty of a mideeanor, and upon conviction thereof,
shal be punished by a fine not exceeding one thosand dollars, or by imprisonment
in the county jail not exceeding one year.
7. of food reeptales. It shall be unlawful for any person, firm or
coration to use any barrel, lard tierce, preserve or butter tub, having been once
us for the purpose of packing or storing any article of human food therein, unless
barrel, lard tierce, preserve or butter tub has been thoroughly cleanel or scur
before its subsequent use.
226. Pelty. Any person violating the provisions of the foregoing section shall
be guilty of a misdemeanor, andon onviction thereof shall b fined not
five dollars nor more thn twenty dollars for each offen, and by the using of
any single article a before mentionie shall constitute a separate offense.
2269. Adulteration offood and dus. Every person who shall fraudulently adul-
e, for the purpose of sale, anythig intended for fo or drink, or any drug or
shall be deemed guil of a nisdemanor.
Revsed tatu, 1899, vol. 1, 627.
SIrdiet proibited. It shall be unlawful for any rson or coroation
d g b s in this State to manufacture, sll or r frt sell, ay article, conmpund
r on, for the purpose f being ed or which is intended to b used in the
preparation of food, in which article, compound or preparation, the is any arsenic,
alomel, bismuth, ammonia or alum.
7. Anyeron or orportion violating the prvisionof section
hall deemed guilty of mi anor and shall, n covictin, e fin
les than one hundred dollars, which shall be paid into and weome a part of the
road fund of the county n which such fine is collected.
Revised Statutes, 1899, vol. 1, p. 3l.
328 FOODS AND FOOD CONTROL.
612- (ities may proide for inspection of animals intendea fr food. All tiesin this
State are hereby empowered to provide by orinance for the inspetion ving,
of all animals intended as human food within such cities.
Revised Statutes, 1, vol. 2, p. 1437.
2278. Poisownus ingredients; penalty. Any person who shall adulterate, by the
use of strychnine or other poisonous liquids or ingredients, any spirituous, fermented,
malt or vinous liquors, or shall sell any such liquors by retail or whol knowing
the same to be adulterated as aforesaid by or with strychnine or other poisonous
liquids or ingredients, shall be deemed guilty of a felony, and upon conviction thereof,
le punished by imprisonment in the penitentiary not exceeding ive years.
2288. Adulterated hops, malt, or yeast in beer; penalty. No substitute for hopsorthe
pure extract of hops, or of pure barley malt or wholesome yeast shall be used in the
manufacture of ale or beer in this state, and all ale or beer shown to contain any
substance used as a substitute for hops, or pure extract of hops, or pure barley malt
or wholesome yeast, is hereby declared adulterated. Whoevermanufactureforsale
any ale or beer adulterated as referred to in this section, or sells or offers to sell ny
such ale or beer, knowing it to be adulterated as aforesaid, shall be deemed guilty of
a misdemeanor, and, upon conviction, shall be punished by a fine of not less than five
hundred and not more than five thousand dollars, or by imprisonment in the county
jail not less than one month nor more than six months, or by both such fine and
2289. Liquor dealers' oath and bond. It shall not be lawful for any person or perso
to sell or offer to sell any spirituous, fermented, malt or alcoholic liquors within this
state until he, she or they shall first appear before the county court clerk of the
county where such liquors are to be sold or offered for sale, and take and subscribe
an oath not to mix or adulterate, with any substance whatever, the liquors offered
for sale, and give bond in the sum of five hundred dollars, with good and sufficient
surety, for the payment of all costs arising from prosecutions for iolations of the pro-
visions of this article in relation to the adulteration and sale of intoxicating liquors.
2290. Liquor manufactrers' oath. It shall not be lawful for any person or persons
to manufacture or rectify any spirituous, fermented, malt or alcoholic liquors within
the limits of this state until he, she or they shall first appear before the county court
clerk of the county where such liquors are proposed to be manufactured or rectified,
and take and subscribe an oath not to adulterate, or suffer to be adulterated, y
liquors manufactured or rectified by themselves or agents.
2291. Liquor dealers' qiidarit. Bfore any person or caartnership of persons shall
be authorized to sell intoxicating liquors he, she or they shall file with the clerk of
the county court, in the county where it is desired to sell the same, an affidavit to
the following effect, to wit:
1, A B, do solemnly swear that I will not ix or adulterate, with any poisonous
substance whatever, any distilled or fermented liquors, or any copositn of which
distilled or fermented liquors form a part, nor will I mix the different kinds o
liquors together for the sake of profit, nor dilute the same with water, nor will I
Iprmit the same to be done.
2292. Penalt. If any prn or ersons shalll any spirituous, fermented, malt
or alcoholic liquors in violation of or without complying with the thr next pre
eding sections', he or they shall be deemed guilty of a misdemanor, and on convic-
tion be punished by a fine of not less than lifty nor more than fe hudollars.
2293. 1Drugists, etc., e.rempt. Nothing herein shall be o construed as to prevent
drggist r, physicianis or lIersns en gaed in the mehnica ar frm miing and
rating liquors for medicinal or mechanical purposes to b by the used in
Su ons by grand jury. The grand jury may send for persons or papers in
cases where they may be of the opinion that any person or perons have een guilty
of ting any of the provisions of sections 2278, 227, 2288, 2289, 2290, 2291, 2292
d Statutes, 1899, vol. 1, p. 632.
7682. (SEc. 1.) Appointment of inspector of beer ad alt product. There is hereby
cr d the office of beer inspector which shall be filled by appointment by the
govenor by and with the consent of the senate, within thirty days after the taking
ef of this act, an inspector of beer and malt products, who shall serve for a term
of for years and until his successor is duly appointed and qualified. He shall be
an expert beer brewer and a citizen of the United States and of this state for more
than two years next prior to his appointment. He shall give a bond in the sum of
twenty-five thousand dollars, to be approved by the governor, for the faithful per-
: formne of the duties of his office.
7688. (SEc. 2.) Deputies and clerical help. Said inspector shall, with the approval
of the governor, appoint such deputies as may be required to carry out the provisions
of this article, not to exceed four in number, and such clerical help as may be neces-
Said deputies shall each receive for their srvices the sum of fifteen hundred
dollars per annum, and said inspector shall receive the sum of three thousand dollars
per annum, all salaries and expenses to be paid out of the sums of money now, or
that may hereafter be, appropriated for said purpose.
7684. (SE,. 3.) Inspection of beer obligatory. Every person, persons or corporation
who hall erect or keep a brewery for the manufacture or brewing of beer or other
malt products within this state, for the purpose of offering the same for sale, shall
ca the same to be inspected by the said state inspector.
7685. (SEC. 4.) Ue of ch~nirals, unwholesom yeat, etc., prohibited. No person,
perons or corporation, engage in the brewing or manufacture of beer or other malt
liquors, shall use any substance, material or chemical in the manufacture or brewing
of bee r other malt liquors, other than pure hops or pure extract of hops, or of
pure barley, alt, or wholesome yeast, or rice.
7886. (SE. 5.) mported ma Gr to be ianpecteI d tld rdwil made as to tprity;
label afees. Every erson, persons or corporation who shall receive for sle or
offer for sale any beor other maltliquos other than those manufactured in this state
shall, upon receipt of same, and bfore offering for sale, notify the inspetor, who
shall furnished with a sworn affidavit, subscribed by an officer authorized to
administer ths, from the manufacturer thereof, or other reputable person having
actual knowledge of the composition of said beer or other malt liquors, that no mate-
rialher than ure hos or the extract of hops, or pure I hrley, malt or wholesn
yeast, or rice was used in the manufacture of same: upon the receipt of said alfida-
vit, the insl etor shall insect and label the packages containing said ber or malt
liquors, for which services he shall receiv like fees as thse impsed upon the manu-
turersof beer and ialt liquors in this state.
7087. (Ssx. 6i.) RecordR mid report of inspertor. The inspector appointed under this
article shall provide himlf with an offie, and shall record on b-oks kept for that
Sthe naes and plaesof buine of all perons engaged in the manufacture,
breing and le of beer and alt liquors. He shall keep a record of all ber and
Ialtl liqluors Ianufactured, bwreed or sild anld the amountil product by each brewery
or manufacturer, or sold by dealer. Ile shall keep a record of all fees collee and
all exenditures incurred, and shall make a full and oimplete report of the Manw to
the overnor un the first day of ea yar.
330 OOS A OO CON O.
7688. (SB. 7.) All be peeee It s b t d
each inspector to cause to be inspected all beer or other malt
manufactured or sold in this state, and if he shall find that suh r r thr
liquor has been made from pure hops or the pure extract of hops, or
malt or wholesome yeast, or rice, to place upon the package
malt liquor his label, certifying that the same has been pc
7689. (SEC. 7a.) tate trearer to furnis labels, etc. It shall be the duty of the
state treasurer upon the taking effect of this article to provide suitable and inimitable
state certificates and labels for this inspection, gauging and labeling, having on each
proper places for countersigning by the state treasurer and inspector,
keep the same together with the plates used in making them, when not in actual
use. The state treasurer shall from time to time, upon demand, ever t re
said labels to the inspector, taking therefor his receipt, and shall charge s
with the same; and shall from time o time as said inspector makes of
collected in the course of his inspection credit said inspector's t with such
sums, and shall keep a true and correct book account of his dwith id
7690. (SEc. 7b.) Fraudulent use of inspecor's labe penalt. It be unlawf
for any person to attempt to make or make, to attempt to sell or sell, r pt to
use or use any of the certificates or labels or both provided or by this article, or
imitations thereof, except such persons a by law are allowed to make, sll and use
the same, and any person so offending shall be deemed guilty of a lony, and, upon
conviction, be punished by imprisonment in the penitentiary for a term not to
7691. (SEC. 8.) Ipector'sfees; "package" deined. The beentitled
to receive for inspecting and gauging one cent for each gallon contained in each
package, and two cents for labeling each package. All fees received by the ins
shall be paid into the treasury. The word package, as used inthis article,
shall be construed to ean any vessel of any kind other than pint and quart
in which any beer or malt liquor may be placed for sale, containing t or
less; when said beer or malt liquors are placed in pint or quart a
as used in this article, shall be construed to mean not to exceed forty-eight pint
bttles or 24 quart bottles of beer or nmlt liquors, which, when mand and
so bottl must, before sale, be placed in suitable s containing sd number and
size of bottles, for inspection and stamping by said state inspector; and when id
beer or malt liquors shall be placed in vessels containing mor than t gallons,
the word package shall be construed to mean each eight gllons or onal part
thereof so cntained in said vessel.
7692. (Sc. 9.) Expeses, alaries, etc.; diposal of ines. The expense of said ofice,
inluing the salaries of the inspector and his deputies, shall be paid thly out of
the amount appropriated by law from the general revenue fund on war dr
by the state auditor n vouchers approved by the inspector, an all b
the inspector under the provisions of this article shall, on or befo day of
each month, be paid into the state treaury by said inspector, and shall be placed to
the credit of the general revenue fnd.
7698. (SEc. 10.) le of inspeted mal product; pealt. Any person who shall
sell any beer or malt liquors within this state which has not een in
ing to the provisons of this article, or contained in packages which l have
upon them the certificate of the state insector, or any person shall f to
sid certificate or label after the contents of said package are disp ed o, s l
demed gilty of a midemeaor, and upon conviction thereof, shall be
a fine not exceeding five hundred dollars, or by imprisonment in the
a period of not le than six onths and in addition thereto hall have his license
ISS OURI. 331
authority, ving him the right to manufacture or sell said liquors in this
state revoked, and shall not again receive any suh license or other authority for a
period of two years thereafter.
94. ( 11.) Pf delinquent inpector. If any inspector shall fail to
pet imposed upon him by this article, or shall in any manner
Sa o provf, he shall be deeed guilty of a misdemeanor,
on thereof, shall be punish by imprisonment in the county jail
than thirty days and by a fine not exceeding one thousand dollars, and
shall fail to faihfully perform the duties enjoined upon him by
this article he may removed from office by the governor.
S(8 12.) POeutio. All prosecutions for fines and penalties under the
of this article shall be either by indictment or information in any cou
jurisdiction; and when collected shall be paid one-fourth to the
and three-fourths into he fund for the construction of public roads and
highways in the county in which said offense may have been committed and
(S. 13.) npection of exported malt prodcts. All beer or other malt liq-
in the state and exported outside of the state for sale, shall be
inspected as other liquors designated in this article, but said inspection shall be free
of cost to manufacturer.
7697. (SEc. 13a.) Duplicate bill of lading to be furnished by transportation companies;
penalty Every railroad, express or transportation company, shall, when requested,
to the inspector a duplite bill of lading or receipt showing the name of the
cr ad consignee, date, place received, destination and quantity of beer or
u received by them for shipment to any point within this state. Upon
comply with the provisions herein, said railroad, expre or transportation
S forfeit and pay to the statef the s of M oi fifty dollars for
failure, to be recovered in any court of competent jurisdiction. The
pect e provided for, is hereby authorized and empowered to sue in his own
at relation and to the use of the state The penalties collected shall be
paid into the state treasury.
S14.) Approriation. There is hereby appropriat out of the stae treasury,
Sto the general reveue fund, for the years 1899 and 19, for the pay of
e i r, six thousand dollars; for the pay of four deputies, twelve thousand
dollars; for rent, tationery, fuel, printing, and such other thin s may be nees-
the transaction of e busine of said inspector, the sum of six thousand
Apo May 4, 1899. Laws of 1899, pp. 22-231 Revised Stute, 189, vol. 2,
10089. a t. All rooms or buildings (eupied as Pb Ih t, bread or ake
ibakeri l be drained and plumbed in a Imalner to artniuce the pfropr and
thful itary condition theref, and constructed with air-shafts, windws or
ventilating pipes, sfficient to insure ventilation. The furniture and utensils in such
Sso arran that the furniture and r may at atll Itins m kept in a
Pr r ad h thfl sanitary c ition, and no water-elset, eartl1 et, privy or
Spit hall be within or communicate directly with the ake m.
9flour or meal pro ucts shall kept in per-
fectly clean, dry and prorly ventilated romns, so arranged that the floor, shelves
and all failities for st san can be easily and perfectly cleand .
~10091. Meing (~Wto be eparak. The sleping apartments for the rsons
employed in akeries or confetiery establishment shall be separate and int
6 8i in Statuhte.
332 FOODS AND FOOD CONTROL.
from the room or rooms used for manufacture or storage of flour or meal pd
for the storage of flour, meal or other articles used in the man
of such product.
10092. Daed persons not to ork i bakeie. No employer l kno
require, permit or suffer any prson to work in his bake-shop who is affected
consumption of the lungs, or with scrofula or any ommunicable dand every
person is hereby required to keep himself in a cleanly condition while in the
manufacture or handling of such products.
10093. Penlty. Any person who violates any of the provision of this ticle,
or refuses to comply with the requirements thereof, shall be deemed guilty a mis-
demeanor, and, on conviction, shall be punished by a fine of not less than ten or
more than one hundred dollars.
10094. Duty of labor commissioner. It shall be the duty of labor commissioner or
his deputy to see that the provisions of this article are carried into effect, and it is
hereby made the duty of the prosecuting attorneys of each county or cityin this state
to lend all possible aid in all prosecutions for violations of any of the provisions of
10095. Article to be posted. A copy of this article shallbe kept conspicuous
posted in every bake-shop or confectionery establishment in this
Revised Statutes 1899, vol. 2, ch. 161, art. 4, pp. 2348-2349.
22 79. Injurious ingredients. No person shall, by himself, his servant or agent, or
as the servant or agent of any other person or corporation, manufacture for sale,
knowingly sell or offer to sell, any candy adulterated by the adixture of ter alba,
barytes, talc or any other mineral substance, by poisonous colors or flavors, or other
ingredients deleterious or detrimental to health.
2280. Penalty. Whoever violates any of the provisions of section 2279 shall be
punished by a fine not exceeding one hundred dollars ($100.00) nor less than fifty
dollars ($50.00). The candy so adulterated shall be forfeited and destroyed under
direction of the court.
2281. State prosecuting attorneys. It is hereby made the duty of the prosecuting
attorneys of this state to appear for the people and to attnd to the prosecution of all
complaints under section 2279 in all the courts in their repective counties.
evise Statute, vol. 1, p. 630.
22 76. Imitatio but1ir and cheese to be so labeled; penalty. Whoever manufactures out
of any oleaginous substances, or any compounds of the same, resembling butter in
appearance, manufacture from cattle fat or hog fat, or such substances heretofore
known as oleomargarine, 1oeo, oleomargarine oil, butterine, lardine, suine and neu-
tral, all lard extracts and tallo extracts, and all mixtures and co un of tallow,
beef fat, suet, lard, lard oil, vegetable oil, annatto and other colori matter, intesti-
nal fat and offal ft, other than that prouced from unadulterated milk or crea from
the saie, any article designed to take the place of butter or ches, produced from
pure unadulterated milk or cream of the same, or any article made in imitation of
butter, or when so made calculated, or intendd to be sold s butter or for butter,
unless said manufacturers shall pack said imitation substitute in firkins, tubs or
wooden or paper packages, with the true name of said imitatimo substitute clearly and
indelibly branded, marked or laeled thereo, or whoever shall sell or rale
the sare as an article of food, unles said imitation substitute is properly P d in
firkins, tus or wooden or paper packages, with tie true name of said imii ub-
bly branded, marked or labeled thereon shall be guilty of a
and hall on conviction thereof confined in the count jail not
eeeding one year, or fined not exceeding one thousand dollars, or both.
in.; penalty. Any hotel or boarding house
ep inthistatewho shall set before his guests at any meal any compound
n appearance, manufactured from cattle fat or hog fat, or uch other
Sto the trade as oleomargarine and shall not clearly and legiby mark
Svessel in which such compound is served with the words "oleomargarine," or
e rshall be deemed guilty of a misdemeanor and upon conviction shall
a sum of not le than one hundred nor more than five hundred dollars.
Revised Statutes 189, ol. 1, p. 629.
4744. Imitation butter defined. F the purpose of this article every article, substi-
te or compound, other than that produced from pure milk, or cream from the same,
Si the semblance of butter and designed to be used as a substitute for butter
Sfrom pure milk, or cream from the same, is hereby declared to be imitation
74. Animal fat, egetble oil, and coloring matter in butter substitutes. No person
bine any animal fat or vegetable oil or other substance with butter, or co-
with or with animl fat or vegetable il or combination of the two, or with
any other ubstance or substances whatever, any annatto or cmpound of
or any other substance or substances, for the rpose or with the effect of
g t a yellow color, or any shade of yellow, so that such substitute shall
e eyellow or any shade of genuine yellow butter, nor introduce any 'ch col-
or such ubstance or substance into any of the articles of which the
ompos: roided, Nothing in this article shall e construed to prohibit
salt and harmles coloring matter for coloring the substitutes for butter
anufactured for export or sale outside the state. No person shall, by himself, his
r loy produce or manufacture any substance in imittion or semblance
or sell, nor keep for sale, nor offer for sale, any imitation butter
ade or manufactured, compounded or produced in violation of this section, whether
Sbutter shall be made or produced in this state or elsewhere. This
not be construed to prohiit the manufacture and le, under the reg-
tions herein r provided, of subst designed to be used a a substitute for
, and not manufactured or colored as herein prohibited.
4746. Bandfor butter ubtitute. Every person who lawfully manufactures any
Itance d d to be ued as a substitute for butter shall mark, by branding,
mpg or sg upon the top and side of ech tub, tirkin, box or other pack-
Si h article shall be kept, and in which it shall e removed from the
Sit is produced in a clean and durable manner, in the English language,
e words "Ssitute for butter," in printed letters, in pn Roman type, each of
ich shall not be le thanone inchn engh d one-hal inch in width.
4747. To nbrded buer subtituts prohited. No person, by him-
elf or another shall ship, consign or forward by any common carrier, whether public
ato be ud as a substitute for butter, and no arrier
shall be manufactured and marked as provided in the preceding section of this
rticle, and unless it be consigned by the carrier and receipted for by it true name:
rovided, That this article shall not apply toanygoods in transit tween foreign
states acroe th e state of NI 64ourn.
474. Po on of unarkd ter No person shal have n his -
on or under hig rcontrol, ay substane. designed to bw used a a asubstitute for butter,
nles the, tub, firkin, box or other package containing the same 1w dearly and
1094'-No. i9. pt 40--
334 FOODS AND FOOD CONTROL.
durably marked, as provided by section 4747 of this article:
shall not be deemed t al o persons who have the sme in their poss n
the actual consumption of themselves and family. Every person having in possession
or control of any substance designed to be used as a substitute for
not marked as required by the provisions of this article, shall b
known during the time of such possession or control, the true nam
fixed by this article of such product.
4749. Substitute butter d as genuine. No person, by himself or,
or offer for sale any substance designed to be used as a substitute under
the name of or under the pretense that the same is butter.
4750. Penalties. Every person, firm or corporation who shall violate any of the
provisions of sections 4745, 4746, 4747, 4748, and 4749 of this article forfeit and
pay to the state of Missouri, for the use of the school fund for every such violation,
the sum of fifty dollars and costs of suit, to be r vered by civil action in the name
of the state of Missouri on the relation of any person having know of the facts
before any justice of the peace of the city or county where suh viol occurs or
any other court of competent jurisdiction, subject to appeal to the circuit court, as
in other cases; and it is further enacted that every person, firm or corporation who
shall violate the provisions of this article, in addition to the civil liability of the state
of issouri herein provided, shall be deemed guilty of a misdem and shall for
the first offense be punished by a fine of not less than fifty dollars ($50.00) nor more
than one hundred dollars ($100.00) or by imprisonent not exceeding thirty days,
and for each subsequent offense, by a fine of not less than two hundred and fifty
dollars ($250.00) nor more than five hundred dollars ($500.00) or by imprisonment
in the county jail not less than thirty days, nor more than six orby both
such fine and imprisonment, in the discretion of the court.-A March 19,
1901; Laws of 1901, p. 44.
4751. Certicat of analyis. A certificate of an analysis of any dairy product or
adulteration or imitation thereof, when duly signed by a professor of cheistr con-
nected with any of the departments of the state university or experiment station
shall, when acknowledged by any person authorized to administer an oath,
reeived in the courts of this state as prima facie evidence of the facts stated therein,
in all civil actions, as provided for in section 4750 of this act.-ee March 19,
1901; aurs of 1901, p. 44.
4752. Party toiolation can not bring sut. No action an be aintained on account
of any sale or other contract made in violation of or with intent to this article,
by or through any person who as knowingly a party to such wrongful le or other
4738. Remorl of mark, etc. Whoever shall efface, erase, cancel or remove any
mark provided for by this article, with intent to mislead, deceive, r to violate any
of the provisions of this article, shall be deemed guilty of a misdemeanor.
4754. Enfor ent of la. The state ard of riculture shall be and is hereby
charged with the enforcment of this article: Provided, That all fines under
the provisions of this article shall be paid into the state treury. ns under
this article shall be brought in any court of competent jurisdiction.
4755. "Skimed milk" or" notfllra cheeseubeo No r or
persons, corporation, company or other association or congregation of individual
shall manufacture, sell or offer for ale directly or indirectly, at retail or at whole-
sale in this state any article to be known or denominated cheese, not mde
cream or unkimmed milk or cream of the milk, unless such or perso
poration, company or association of individuals manufacturing the sm or
the same for sale, or sellig the same, shall brand or label such
offered for sale denominated a ch with black letters not les
lengte in a and of lare size th
s "1!~~~~ ~~~i sa II | r I1 --|
"Simmed milk cheege" or with the words "not full cream cheese," giving the
name of article called cheese so manufactured or offered for sale clearly
and indlib ndd, marked or labeled thereon, so that the same can e distinctly
read and fully comprehended at all storee or places or factories where the same may
47imed milk che ind "full-cream heese" defined. All cheese manu-
sold or fered for sale in this state at retail or wholesale ade from milk
Sc of ame, which tests not less than three per cent. of butter fat, shall be
to be a full cream cheese; and all cheese manufactured, sold or offered for
t any place or in any manner by any person or persons in this state at retail or
wh e made from milk or cream of same testing less than three per cent of
butter fat shall be deemed skimmed milk cheese," or cheese not made from pire
imed, unadulterated milk or cream of same.
77. Penalty. Any person or persons who shall violate any of the provisions of
section 4755 or 4756 of this article shall be deemed guilty of a misdemeanor, and
shallon convictio~ thereof in any court of competent jurisdiction, be confined in
t county jail not exceeding one year, or fined not less than $10 nor exceeding
47U8. Transortation f "skimmed milk" and not "fall cream" cheese; peaty. No
person by himself or another shall ship, consign or forward by any common carrier,
whher public or private, any substance designed to be used as a cheese, not made
fro pure, unskimmed milk or cream of the sae testing at leat three per cent butter
such cheese is marked or labeled "skimmed milk cheese," or with the
words "not full cream cheese" labeled thereon: Proded, That this article shall not
apply to any goods in transit btween foreign states across the state of Missouri.
ny pero violating this section shall be deeed guilty of a misdemeanor, ad, upn
i, shall be fined a sum not less than $10 nor more than 500.
4769. Party to riolation of lawi ay not bri sit. No action can be maintained on
of any sale or other contract made with the manufacturr or persn offering
an che for sale in violation of or with intent to violate this article by or thrugh
any pers who is knowingly a party to such wrongful sale, or other contract for the
sale of unbranded skimmed milk cheese or cheese not full creai cheese.
4760. Remoral f label etc.; penalty. Whoever shall efface, rase, cancel or remove
any marks or label on any such article or cheese, pvided for by this article, with
in t to mislead, deceive or to violate any of the provisions of this article, shall e
guilty of a misdemeanor, and, o a conviction, b fined in a sum not less
than $50 nor more than $500.
4761. EIforcement of awr. The state board of agriculture shall be and is hereby
cha d with the enforcement of this article: Provided, that all fines coilected under
the provisions of this article shall he paid into the state treasury. Action under this
lmay be brought by information or indictment in ay court of cmpetent
Revd Statutes, 1899, vol. 2, arts. 5 and 6, pp. 119-1131.
Ciies ay, by ordinne, rglate a f milk. All cities and towns in the
State s l have power, by ordinance, to license and regulate milk dairies and the
Sc. 1. ate dairy mminer; bond; alay; report. There is hereby created
the offie of State dairy commiioner and, immediately after this act goes into effect,
every two yeas thereafter, the governor shall, with the advice and consent of the
enatea nt a suitable n, to be known and designated a "State dairy ici
8836 VFO S AND OO Ic o L.
missioner," who shall have a practical knowledge of and experience in the
facture of dairy products, who shall hold his offi for two
of ay, or until h i ii gubjl by
governor for inefficency, neglect or violation of duty.
sun of ten thousand dollars ($10,00), cnditioned for the i
his duties, with ureties to be approved by and filed th theSaid
missioner shall receive a salary of two thousand dollars ($20) a
monthly, and his actual necessary traveling expenses while in the d o
official duties. He shall ake an annual report to the governor not
nary 1 of each year and shall be furnished an ofice by the state
at the seat of the state agricultural college.
SEc. 2. Deputy commissioner; chemist. The said commissior s r
when necessary, to appoint a deputy, whose salary shall not ex 1,
and the necessary chemical work of his office shall be done by the t of
State agricultural college.
SEc. 3. Duties of comissioner. It shall be the duty of the state
to inspect or cause to be inspected all creaeries, public iries, bu
factories at least once a year, and oftener if possible, prescribe suh
and regulations for their operation as he deems necessry to fully ay
visions of laws now in force or that may be hereafter enacted relati o i o
ucts for the promotion and maintenance of public health ad saf ; c il a
publish, annually, statistics and information concerning all phases of the indu
try in this state; cooperate with the state board of agriculture n
farmers' institutes, special dairy meetings, and in general strive for te pn
the best interests of the dairy industry throughout the state. He
a supply of standard test tubes or bottles and milk measures or piap
the use of each milk testing machine the manufacturers or deal f wh ha
filed with the state dairy commissioner a certificate from the director of
agricultural experiment station that said milk testing machine when p y
rated will produce accurate measurements of butter fat, and to fu
actual cost to any person desiring them, upon written request the r, t
bottles, measures and pipettes to be stamped with the letter ". CD. as cifi
to their accuracy. He shall presrve in his office all correspondence,
ments and property of the state pertaining thereto and turn over
cessor. He shall devote his whole time to the duties of his office and, during
term, shall hold no other official or business position nor any proi i
SEC. 4. Ahorit yf comllms r-, gpor, ea i
etc. In the erfornce of his official duty the State dairy commissner is
authorized and empowered to enter during business hours allr public
dairies, butter and cheese factories or other places where dairy prod or
kept for sae, for the purpoe of inspecting sae; to take samples anyw of
dairy product, or imitation thereof, uspected of being made or sol in ioli
law, and cause the same to be analyzed or satisfactorily tested by
tural college chemist, and such analysis or test shall be recoded
evidence, and the certificate of such test, when sworn to by
admitted in evidence in all prosecutions that may result under the
act; to require the owner, agent or manager of every creamery,
and heese factory to report annually, on or before September 1st for ye
July Ist, on blanks to be furnished by the State dairy comm,
rate information concerning the quantit of milk bought, sold or used, the average
price of same, the quantity of butter or ceese produced or sold and th
of same, the num r of cow used in or contriti to the operation of Ru
ery, dairies and factories t examine under oath or otherwise any on whom he
MT$sot r. 337
y believe has knowledge concerning the unlawful operation of any creamery,
or chee factory, t issue subpna requiring the appearance of
itn e ad te n of books and papers and administer oaths with like
Sn cours of law in this State, and it hal be the duty of any circuit
Sthereo upon the application of said commissioner, to isue an
hment for such witnesses and compel him or them to attend before the com-
give testimony upon such matters as he or they shall be lawfully
by such commissioner, and said cort or judge shall have power to puish
Sas inother cases of refusl to obey the orders and processes of the
; petyfor selling mlk containing foreig nces. The terms
public dairies, butter and cheese factries," for the purpses of this act,
sl be srued to mean such as produce or manufacture dairy products, either
mitation, for sale either at wholesale or rtail to the general public, and
oinclude farmers or others who produce a sa surplus of such products in
f their family nees. In all prosecutions and proceeings for the enforce-
any f the courts in this State, of all laws and regulations of whatsoever
now in force, or that may hereafter enacted pertaining to the prodution,
distribution of dairy products of any kind whatsoever, the standards of
and the definition of said products, shall be sch as are now, or may hereafter
recognized and published by the officias of the United States Depart-
re, and whosoever shall sell, or offer or expose for sale anywher
milk or cream containing any foreign substance or preservative of any
ind whatsoever injurious to health, shall be guilty of a misdemeanor, and on con-
ction be find not les than ten dollars, nor more than one hundred dollars for each
S6 yfor hindering execution f la. Any person or persons, firm or cr-
rati who shall hinder or obstruct, or in any way interfere with the id state
ner or his deputies while discharging the duties of inspection, or
ho fail or refuse to make the reports provided for by section 4 of this act, shall, on
to e fined not es than ten nor more than one hundred dollars, or impris-
in jail not less tn en nor more than ninety days, or by both such fine
7. Appropriation. For the purpose of carrying into effect the provisions of
t there is hereby appropriated out of the state treasury, chargeable to the gen-
l rene fun, the sum of ten thousand dollars ($10,00), or so much thereof as
ay be neesy for paying the salary of the state dairy commissioner and his
sistant, nd the ineesry traveling and printing expenses f same for the year~
S!c.8. Efrg The advancement of the interests of the dairy industry as
tmplated by this act, creates an eergency within the meaning of the cons~itu-
on; there this act shll take effect and bt in force from and after its passag.
S9. Rel. All laws and parts of laws of whatsver nature, in conflict or
csi t or repugnant to the provisions of this act are hereby repealed.
ov April 1 5. lAws of 905 ( H. B. 30), pp. 13-5
FWUR, GRAIN, ETC.
01. Med grains to e ra No shall sellor offerfor salany flour,
or hominy from the ixture or adulteration f grains, un
tere shall have been first branded upon each of the barrels or packages containing
e same, the kind of grains composing said admixture, the quaity and weight
ereof and the and lac of uine of te erson manufacturin the sae:
338 FOODS AND FOOD CONTROL.
Proded, a, That the admixture of the several ra or kinds of
not e construed to be mixed or adulterated rains.
8502. Defacing ofbrand. No person shall deface, remove, obliterateor estroyor
our, meal, grits or hominy by the manufacturer thereof, with te to
the brand so erased and removed by another and different brand f t of
manufacturer; and it shall not be lawful for any person to rebrand
or barrel so long as the contents thereof remain the same.
850. Bra to be filed and acknowledged. No person shall man
grit, hominy or meal until he shall have filed with the recorder of of
county in which his business is conducted, and knowledged the as d to
lands are required to be acknowledged, a fac simile of each of the b he in
to use, which shall contain the colors to be used in applying the ethe t
and quality of the flour, grits, hominy or meal, and the name of the ma
thereof, or of some person in his employ, and the state or town or p the mill
where manufactured. Should any manufacturer claim any of his id or any
part of the same, as a trae mark, the said recorder shall record his iand tee
after it shall not be lawful for any other person to use such brand: ,
That this section shall not be construed to interfere with the right to any brand or
trade mark copyright or patented in pursuance of an act of Congres.
8504. False and. No person withi this state shall use the of a mill or a
brand upon any barrel or package containing flour made from grains, or the admix-
ture of grains, unless the same shall belong, na fide, to the person the same,
nor unless the flour upon which the same may be used was mana by the
owner of such mill or brand.
8505. Record of brands. It shall be the duty of each recorder f deeds within the
state to keep a book in his office, in which to record the flor brands provided for in
section 8503, and a certified copy of any such record, by the recorder, shall be evi-
dence in all courts of the making and filing and contents thereof.
850. Pealty. Any person doing any of the acts in this article prohibited, or
omitting to do any of the acts herein commanded, shall be guilty of a mdem
and for each and every offens shall be punished by a fine of not les than twenty
nor more than two hundred dollars, one-half of which shall be paid to the peson
who shall be named prosecuting witness.
Revised Statutes, 1899, vol. 2, p. 192.
10578. Label showng w ht; penlty. A barrel of flour shall consist of 1 pounds
net; a sack of flour shall consist of 98 pounds net; a half sack of flour shall const of
48 pounds net; a quarter sack of flour shall consist of 24 pounds net; no manfaturer
or dealer in flour shall sell flour in barrels, sacks, half sacks or quarter sacks co-
taning a less amount of flour than th a nts above specified. Before any arrel,
sack, half sack or quarter sck of flour shall be sold, the number of pounds therein
contined shall be plainly labeled or aped thereon. Any person who shall sell
ny package of flour which shall be staped or labeled with a greater number of
pounds, net than such package actually cntains or who shall put up or sll flour in
any manner contrary to the provisions of this section, shall e guilty of a
misdemeanor, and upon onviction thereof, shall be fined in a sum not less than ten
dollars nor more than one hundred dollars.
Rvid Statutes 1899, vol. 2, ch. 173, see. 10~78, p. 2448.
ss ~ *~
*iB,''i~ *. ^ii r11! ss .iS i ;s; "i"
(1) a or aduterated cider vinegar; penalty. That any person who
manufactures for sale, or offers or exposes for sale as cider vinegar, any vinegar not
the legitimate product of pure juice, known as apple cider, or vinegar not made
exclusively of said apple cider or vinegar, into which foreign substances, drugs or
acids have been introduced, as may appear on proper tests, shall be deemed guilty
r, and, uon conviction thereof be punished for every offence by fine
S than fifty dollars, nor more than one hundred dollars nd the costs of
or by imprisonment in the county jail not o exceed ninety day
(2) Artificial coring or oring; false raing. All vinegar sold or
for sale, exchange or delivery shall be without artificial coloring or flavoring;
o person by himself or by his agent or employe shall sell or offer for sale,
deliver, or knowingly have in his custody or on, with intent to sell
e ge, or expose or offer for sale or exchange, any vinegar labeled or branded
vinegar, or as apple vinegar, which is not the legitimate product of pure
apple juice or that is not made exclusively from apple cider.
(3) Brding; inpectio. Every person making or manufacturing apple,
or other fruit vinegar, for sale shall brand on both heads of each cask, barrel,
or keg, containing such vinegar, the nae and location of the manufacturer or
fm, and also the name of the fruit out of which the vinegar is made; ad where
thre are inspectors of food products, vinegar hall be one of the articles under
'superiof su ch inspector, with power to inspect and seize any that may he
fo fudulent, and in violation of sections 2282, 2283, 28, and 2285.
(4) Brnin f fruit riner;" pelty. No vinegar shall be brande
fruit vinegar," unless the same shall be made wholly from apples, grapes or other
and any person who shall knowingly brand, label or sell, or offer for sale as
fruit vinegar," an vinegar not made wholly from apples, grapes or other
f or who shall violate any one of the foregoing sections, shall e eemed guilty
of a misdemeanor and be punished as provided in section 2282.
roved Aril1, 181. Revised Statutes 1899 vol. 1, pp. 34i1.
"" ""i 1.ll
With the exception of the milk and meat inspecto i-
ties (see page 341), no officer is specially charged with the enf
of the food laws of this State.
GENERAL FOOD LAWS.
682. A terated or diluted food and drugs. Every person who or
any article of food, drink, drug, medicine, spirituous or malt liq
article used in compounding them, with a fraudulent intent, to or
cause or permit it to be offered for sale as unadulterated or undiluted, and every per-
son who fraudulently sells, or keeps or offers for sale the same, a u
undiluted, is guilty of a misdemeanor.
68. poiled or unwholeome food. Every person who sells, or
otherwise disposes of any article of food, drink, drug or medicine,
same has become tainted, decayed, spoiled, or otherwise unw to
be eaten or drank, with intent to permit the same to be eaten or
Penal Code, 1895, p. 863.
677. Every peron who wilfully violates any of the laws of this S o
the preservation of the public health, is, unless a different punishme
by this Code, punishable by imprisonment in the county jail not exone y
or by fine not exceeding one thousand dollars, or both.
Annotated Codes 1895, vol. 2; Penal Code, title 10, p. 861.
702. njurious ingredients. Every person who hall, by hielf, hi
agent, or as the servant or agent of any other person or corporation, manu e for
sale, or knowingly sell or offer to sell any candy adulterated by the mix of
alba, rytes, tal or any mineral substance, by poisonous colors or fors or
ingredient deleterious or detrimental to health, is guilty of a mie r.
As amended Feb. 22, 1899, Session Laws, 1899, p. 151; Penal Code, 5, p. 865.
1095. Cre of cos. Every persn who keeps a cw or any animal for the p
tion of milk in a crowded or unhealthy place or in a dis d conditi f s
such cow or animal upon any food that produces impure or unwholesoe i is
punishable by imprisonment in the county jail not exceeding three
fine not exceeing two hundred dollars, or both.
Penal Code, 189, vol. 1, p. 917.
fo butter and cheese Every person, company or cor
butterine, or imitation of cheese shall pay a license
of ten cents per pound for all these articles sold.
vol. 2,sube. 13, p. 557.
84. Branding of imitation utter and cheese. Every person who manufactures for
or or sale, or ha in his on, with intent to sell, any
in resemblance of butter or cheese, not the legitimate product of
and not exclusively of milk or cream, or into which the oil or fat of
uced from milk, enters as a component part, or into which the oil
not produced from milk has been introduced to take the place of
mst dtictly stamp, brand or mark in some conpiuous place upon every
Sor package of such article or substance, in plain letters not less than one-
square eah, the word "Oleomagarine," or the words "Imitation
eas the ce may be; and in te retail sale of such artile or substance, in
ise, the seller must deliver to the purchaser therewith, a printed
belbplainly printed word or words "Oleomargarine" or "Imitation
che plainly marked as aforesaid.
to be diplayed. Every person dealing in the article or substance
in the next preceding section, and every hotel, restaurant, or boarding
using such article or substance in his business, must continuously and
c y keep posted up in not less than three exposed positions, in and about
ess, a printed noti in the following words: "Oleomargarine" or
"Imitatn c e" "sold (or use) here," which notic must be plainly pinted
not less than two inches square each, and must upon the furishing the
to his customers or guest, if inquiry is made, distinctly inform
eaethe article furnished is not butter or cheese the genuine product
of the dairy, but is oleomargarine or imitation cheese.
Every person, and every officer agent, of any corporation ho
of the provisions of the last to precing sections, is punishable by
imrt in the county jail not exceeding one month or by fine ot exceeding
one hundred dollars.
Pe89, vol 1, p. 863.
MEAT ANDI) MILK.
SE. 1. Office of cointy meat and milk inspetor rated. The office of Meat and Milk
Shereby created in the State of Montana for the C ontie of the first, s-
o a third class, iand inmmeiately on the e f thi t Act, the President and
c of the State Board of Health and State Veterinarian shall appoint a
t ad Mk Inspecto r the Counties of the first, second and third cla, and
Sby the President and Secretary of the Stae ard of ealth
Veterinarian, or upon the request of one hundred tax payr in th
of the fourth, fifth, sixth and seventh classes, they shall the appoint a
Milk r for said Counties of the fourth, fith, xth d seventh
2. Reports. Such Meat and Milk Inectors shall be designa eputy State
an shall ake rert at the end f each calen moth the State
Veterinarian of all things pertinent to their office, and hall also make an annual
report at the end of the year, add sed to the State Veterinarian.
-D. 1. aric. Said Inpecr of theCounties of the first class shall receive
an annual salary of Two Thousand Ihllars ($2,000.));
Inspectors of the second cla Counties shall reeive One Thosand Five Hundred
Dollars (1500.00) annually; to of the third cls Counties shall receive One
3842 oo Am 1 C To.
Thousand Two IUntidred Dollars ($1,200.00) annually; Inspectors of the fourth -lasg
Counties shall receive One Thousand Dollars ($1,000.00) annually; Inspectors of the
fifth class Counties shall receive Seven Hundred and Fifty
ally; and Inspectors of the sixth and seventh class Counties shall receive Si Hn-
dred Dlars ($600.00) annually, to be paid out of the
Sut-Div 2Q. inpector. No person shall be appo to
of Meat and Milk Inspector unless he is a graduate in goo
and reputable eterinary Medical Colegeor of some regular
College, or of a Medical Department of a University, and
admitted to practice in the State of Montana, and before such
be required to exhibit his diploma as such graduate, and if d d n
above mentioned board, he shall pass an examination before
specialty of Meat and Milk Inspection.
SEC. 3. Superriskm and renoral of inspectors. All Inspectors d by the above
mentioned Board shall be under the direct supervision of the Veterinary Sur-
geon, and for cause may be removed at any time bysaid Board, o othe
President and Secretary of the State Board of Health and the
SuB-Div. 4. Standard of meat inetor. The rules, regu
inspection adopted by the Bureau of Animal Industry of the Unite
ment, supplemented by any rules deemed necessary by the a
shall be taken as the standard of Meat Inspection, and shall be followed as closely as
may be consistent by said Meat and Milk Inspectors appointed by oard, pr
vided said Inspectors are hereby empowered to enter any premises or any p w
soever where animal food products are kept for sale, slaughter
stores, or any building or premises of whatsoever character nfor him to visit
in the performance of his duties.
SEc. 5. Condening and destroying of meat, etc. .The Meat and Milk
appointed by said Board shall have the right to condemn any meat, carcasses, or
parts of carcasses, poultry or fish, or parts thereof, or all cattle, sheep, swine, poultry,
fish, or any domestic animal, whatsoever, intended for food for human co
which is found, after examination, to be unfit for food, and it shall be
duty to destroy all such contaminated meat or poultry or fish by s n s
or muscular tissue, or poultry or fisho r caras, or parts of cof any domestic
animal whatsoever, in numerous places, with a knife, and into such incisions aid
Inspector shall then pour or inject with a suitable syringe sufficient k to int
such meat or food product, and make it mpossible to be used for human consup-
SEC. 6. Inpection license; dispoition of fees. Any person, persons, or corporations
slling or dealing in fresh meats, fish and poultry, in Counties in which a Meat and
Milk Inspector is appointed, shall annully, before the first day of June, ter in
the books of such inspector, and shall py an inspection license to Meat
Milk Inspector in the sum of Fifteen Dollars ($15.00) per annum, q ly
in advance, and each and every wholesale and retail dealer hand or deal-
ing in fresh tish and poultry where freh eats are not sold or dealt in, shall pay an
inspection license to such Meat and Milk Inspector in the s of Dollars ($4.00)
per annum, quarterly in advance, and all moneys so collected by said Inspect
be by himpaid into the State Treasury, quarterly, as received, to be turned nto the
general fund, and receipted therefor by the Treasurer to such I
S' 7. d ai It hall be unlawful to sell or offer for sale, or
to buy, take or give away, for the purpose of food, any anial
cholera, swine plague, charbon or anthrax, rabies, m alignant epizoo,
pyaemia or septicaenia, mange or ca, in advanced stages, actinomycoi, or lu
jaw, inflammation of the lungs, the intestines or peritoneum, Texas
or generalized tuberculosis, animals in an advanced stae of renan or which
e centgiven Ith to oung, any disease or injury causing an elevation of the
ttre affecting the system of the animal to a degree which would make the
nfitfor hu n food; any organ or pa of the caras which is badly bruised
by tuberculosis, tinoycosis, cancer, abess, suppuratng sores or tape
wor potry or'fish or other animl food products in a decaying or putrid
Sor poultry suffering from tuerculosis or other general disease, animals too
immature to produce wholesome food; animals too emaciated and anaemic
to produce wholesome meat, distemper, glanders and farcy, or any other malignant
disorder, acte inflammatory lameness and extensive fistula.
8.eat already pected. Nothing in this Act, or any paragraph thereof,
be so construed as to interfere with the offerings for sale of any wholesome
earing the stap or ag indicating that the sae has been inspected by the
States Bureau of animal industry, or of any State or County, or municipal
inspt: Prorded, however, That if ther is any rean to believe that such meat
is in a putrid, decaying or unwholsome condition, it shall be said Inspector's duty to
in t such meat whenever complaint is made to him relative thereto, or he persn-
al reason t believe that such conditions exist, and should he find such meat in
decaying condition, or preserved by chemil preservatives, or in any con-
di ing it unwholesome for human consumption, it shall then be his duty to
such meat, as is herein provided.
S9. npectio of diies; certificates. It shall be the duty of such Meat and Milk
Insper to inspect each dairy supplying milk to the public in his County for human
consmption not less than once in every month during the clendar year, and it shall
Sduty of such Inspector to issue to eah person or persons, or corporations sup
milk to the citizens of such Counties of the State of Montana, a certificate of
everninet das, which certificate of health shall include a certifite of the
it condition of such dairy.
10. Health certificafor It shall be unlawful for any person or persons,
cmpany or corporation, to feed unwholesome food of whatsoever character to his
dairy cow. Each dairyman, person, persons, company or corporation, supplying
milkto the public, must have for each cow, his certificate of health, including the
tubercitet made by said inspector, stating that each cow is free from tuberc-
or consumption, or any other infectious disese whatsoever.
S11. Cleanlins of daiy utensils, etc. Whenever in the observation of the Meat
Milk Inspector, proper cleanliness of vehicle, utensils, pail, pans, or other
s, used in the accumulating, handling or marketing of said milk is not up to
t proper standard, it shall be the Inspect's duty to prohibit t he said perssn or
or corporation from selling said milk, until such time as lroper methods of
cleanlis and precautions are used in the handling of said milk.
S. 12. Cleaiess of ow All persons or corpmoations engaged il the dairy
buines and supplying milk to the citizens of the State of Montana, shall ktee their
banor stables free from filth or manur or other substances likely to harior or
vor the growth of diseae producing ges therein, or about their stables or harns
to be carried in, or to contaminate such milk or dairy priouct.
13. mproly fed attle. Any resident of the State of 11ontana, to whose
S or observation oes the fact that any dairy peron or persos, or
oo o, is supplying milk from any diseased cattle, or cattle fed on stable led-
table refuse or any improper fd of any character whatver, it shall bl his
duty to at once notify said Inspector of such County, who shall at once visit the
Sor place iniated, ad if he inds said mplaint true, it shall the ob said
or's ty o at once prohibit the future ling of the pruct f said airy, or
dealer or corporation, and to at once file an information against said dairyman,
erson or rsons corpratios or ealer.
344 OD AND
c. 14. Inspetion uoriy; sampling. Sch ispetor s
records kept for the purpose the names and place of business all persons engage
in the sale of milk and cream within the County, ansp is
empowered to enter all places in which milk, cream, or d airy pr s
or offered for sale, and all vehicles used for the convey
may take therefrom samples for analysis.
SuB-DIv. 1. Portion of sample to be given to owner. The inspector shall, upon reque
made at the time such sample is taken, take, seal and deliver to the owner or pers
from whose possession the milk or cream or dairy prduct a
each sample, and a receipt therefor shall be given.
SuB-Div. 2. Analyses. The inspector shall analyze ch sample, or otherwise s
isfactorily test the sae, an shall record and preserve
the result thereof, but no eyidence of the result of such aal
received if the Inspector, on request, refuses or neglects to seal
of the sample, taken as aforesaid, to the ner or p
SEC. 15. License for milk wagons. Any person, peons, or corporation, in Counti
in which a Meat and Milk Inspector is appointed, who cony i
vehicles of any character whatsoever, for the purpose of se ii
shall annually, before the slt day of June, be licensed by the M t a
Inspector of said County to sell milk and cream within the limits t f, ad
pay to such Inspector for each and every vehicle of whatsoever ch r ud in
sale or delivery of such milk or or o dairy product, the sum o
($12.00) per annum, payable quarterly in advance, which
the State Treasury by such Inspector, quarterly, as received, to i
general fund, and receipted therefor by said Treasurer to said
SB-Div. 1. License in nam of owner. Licenses shall be
the owner of the vehicles, carriages or other conveyances.
SU-DIv. 2. License not transferable. Sch license shall, for the
Act, be conclusive evidence of ownership, and shall not be or
SuB-Div. Data in license. ach license shall contain the
name, the residence, the place of buiness, the number of vehicl by, the
son, persns, or corporations, and the name of every driver or other
by the ownerr owners in carrying, conveying or selling milk or crea
Su-Div. Number of license, c ehiles Each person, or
tions shall, before engaging in the sale of milk or cr or dry pro o
character whatsoever, cause his name and number of his license to be p li
on each outer side of all carriages or vehicles or conveyance of whatver cha
used by him in the conveyance for sale of milk or cre .,.
Sue-DI iv. 5. Na(ie and phwe of sale must be regisered Every pen or
company or corporation, before selling milk or cream, or offering the same for s
in a store, booth, stand, market place, depot, or any place whatsoe v, in a c
in which a Meat and Milk Inspector is appointed, shall register in e
Inspector his or her name, or the name of the company or cor poationan
place of sale.
Se-l)iv. 6. .reiptions. Nothing in Section 15, with the exceptinof
five, shall e construed t apply to dairies milking five cows, or
SEc. 16. Dirty, adulterated, unwholesome or skinned milk. Any
or servant or agents, or any other person who sells, exchanges,
or has i his ctod or i, with intent to ell, eh or
away or expose, or offer for sale or exchange adulterated milk or cream, or milk
cra containing filth or dirt, or ilk or cream to which water
saliylic [saliclic] acid, and salisylate [salicylte] of soium, formaldeyde, for
line, cornstarch, gelatine ien-la isnilass colorin atter or any other extr
Ssubstance has been added, or milk produced from cows which have been fed
swill or other improper food, or from sick or diseased cows, or whole milk from
ch thcream, ora part thereof, has been removed, and whosoever ells, exchanges
i ,in his custod or on with intent to sell or exchane,
rr~, skimmed milk, containing less than nine per cent of milk
lid, exclusive of fat, shall be deemed guilty of a misdemeanor, and shall be pun-
i in Section 23 of this Act
and cream. On any prosecution under the provisions of this
t. which analysis isshown to contain less than twelve pr cent of total
lids, or less than nine per cent of solids exclusive of fats, or less than three per
t of ft, s l not be considered milk of good standard quality, and cream con-
than fifteen per ent of fat, which shall be the standard of quality for
SState of Montana shall not be considered cream of good standard quality.
18. Handling milk below tandard. It shall be unlawful for any person or
pany or corporations, by his or their rvant or servants, gent or agents,
tt or agents of any ther person, persons or corporation, to sell or
exchange, or deliver, or give away, or have in his or her custody or
wi intent to sell, exchange or deliver, milk or cre, which is not of
od standard quality, as above prescribed.
Smilk mut be labeled Any person, persons, or corporation, who,
or their agent or agents, sells, exchanges, gives away, or deliver, or has in
with intent to sell, exchange or deliver milk, from which the cream or
has been removed, not having the words "Skimed Milk" distinctly
on a light grond in plain, dark, uncondensed Gothic letters, at least one
in a cnspicuous place upon ever receptacle, can or package, from, or
such milk is contained, or is intended to be sold, exchanged, given aay,
shall be punished, as provided in Section 23 of this Act
S1 g lbels. If such receptacle, can or packa i of capacity of not
two quart, the aid words may be placed upon a detachale label or tag
and said letters may be less than one inch in length.
2. kimed milk dfined. Any milk found in such receptacles, vessels or
g more than one per cent of butter fat, shall not be condered, within
ethisAct, "Skimmed Milk."
S c Cotrfeit se, etc. It shall be unlawful for any person or peons, com-
tin, to cause, to ke, or cae to be ade, or use or have in his or
or their on, an imitation or counterfeit of a seal used by the at and
ilkIr in the inspection of milk or rea, or tochane, or tamper with the
Staken or sealed by the said inspector.
S1. ection of law. It shall be unlawful for any Met or Milk
por, his servant or age, to y or in the volation of the
visions of this Act, or whoever hinders, obstructs or interferes with the Meat and
, or his servant or agent, in the performance of his duty, shall
.ter giren o. The Inpector sall pohibit the sale
by any person, persons, company, or corporation supplying milk or crea or
fro cows that are permitted to drink taminated or unwhole
ter of any character whatsoever.
. The President and Secretary of the tate Board of Health
d e hereby empowere to estalish any further rules a
ulation nessary for the efficient management and carrying out of said insexc-
and the u s of the Inspectors themselves.
e sum f One Thosand Dollar ($1,000.00) for the pup of ing suh chmical
d othr apparatus nmay he absolutely n ecess for the apurxW of each I
346 FOODS AND FOOD CONTROL.
in the emical examination of meat and milk, together with
such inspectors with the necessary record books, tag, labels, brands or marks, desig-
nated by the State Veterinarian, to be paid for on appr of
said funds. Said apparatus shall be purchased by the President
State Board of Health and State terinarian, and be supplied to unty
and Milk Inspector, provided, that no money shall be paid out of this fund. except
on the approval of said Board, and for the purposes above men
SE. 23. Penalt. Any peson or persons, company or corpowho violates
any of the provisions of this Act, shall be deemed guilty of a
be punishable by a fine of not less than Five Dollars ($5.00), nor more
Hundred Dollars ($300.00), or imprisonment in the County Jail not less than ten, or
more than ninety days, for each separate offense, or by both such fine and im
ment, and the continuance of such offense for any day shall be deemed a se
SE. 24. npector's oat and bond. Imediately after the appoint and before
taking office, each Inspector shall file with the Secretary of the State an oath of
office, subscribed to by him, and a bond for a sum equal to his annual salary, for
the faithful performance of his duty. Said bond shall furnished with good and
sufficient sureties, and be approved by the cretary of State.
SE. 25. Repeal. All Acts and parts of Acts in conflict herewith are hereby
SE. 26. Date of ejct. This Act shall take effect and be in force from and after its
Approved March 7, 1903. Laws of 1903, ch. 120, p. 226.
676. Pollution. Every person who puts the car of an dead anial, or the
offal from any slaughter-pen, corral or butcher shop, into any river, creek, pond
reservoir, strea, street, alley, public highway or road in comon use, or ho
attempts to destroy the same by fire within one-fourth mile of any city, town or
village, and every person who puts the carcas of any dead anial, or any o of
any kind in or upon the borders of any strea, pond, lake or ervor, from which
water is drawn for the supply of the inhabitants of any city or town i this State, so
that the drainage fro such carass or offal may be taken up by or in such stream,
pond, lake or reservoir, or who lows the carass of any ead animal, or any offal
of any kind, to remain in or upon the orders of any such stream, pond, lake or
reservoir within the boundaries of any land owned or occuied by him, or who
keeps any horses, ules, cattle, swine, sheep or live stck of any kin, ,
corralled or housed on, over or on the borders of any such strea, d, lake, or
reservoir, that the watvrs thereof shall becme plluted n thereof, is
guilty of a miemeanor, and upon conviction thereof shall be punised as prescribed
in 677 of this code. [See p. 340.]
Annotated Codes I vol. 2; Penal Code, title 10, p. 862.
^ : ^ll,
Te food laws of the State are administered by a deputy food
commissioner with the approval of the governor, who is ex oiaci
GENERAL FOOD LAWS.a
(1) Food comm nsson. There is hereby created a Food Commission, with
quarters at the Capitol, for which office-room, stationery, postage, epressage,
pri, and other nd usual facilities for transactingbusiness shall be furnished,
the same as for other executive departments.
667. (2) Food commIssioner and deputy. The Governor of this Ltate is hereby
ethe Food Commissioner of sid Food Commission. Said Food Commisioner
shall have the power to appoint a Deputy Food Commissioner at a salary of Fifteen
Hundd Dollrs ($1,500.00) per annum, payable monthly, ogether with his expenses
y and rily incurred i discharging the duties of his office. It is further
provid that a complete and itemized account of all expenses shall be kept by said
Dpy Food Commissioner and filed monthly with the Auditor of Public Accounts
aftrbeing duly verified by him. Said Deputy Food Commissioner shall hold his
offieat the pleasure of the Governor, and when acting for and instead of said Food
Commisoer, shall and may exercise equal power and authority subjet to the
app l of the said Food Commis:ioner. The Deputy Food Commissioner so
ap nted shall be a person of recognizd standing, exprienc, ability and knowledge
in and concerning dairy and other food products.
866: (3) Bd; annud report. The said Deputy Food Conmissioner shall, before
e g upon the discharge of his duties, give a bond in the sum of three thousand
($3,000) with sureties as provide by law, to be approved by the Governor
ad conditioned for the faithful discharge of his duties and the acounting for all
moey and other property that may come into his hands by virtue of his office.
The said Deputy Food Commissioner may employ a clerk, if found necessar, who
shall not exceed Seventy-five ollars ($75) per month.
The said Deputy Food Commissioner shall make an annual report to the Goveror,
as her state offiers, on or before the first day of Novenier, of ach yer,
g gn a concise mnaner, in said report, a full statement of the condition of the
food and dairy intersts of the state, and making such recommendations as he may
dee best to improve the same; including receipts and disursement of his office
and such report shall be printed and published and distributed sae s reports of
other state officers.
69. (4) Efore t of fod ; wdairy ucs; eaplitg for analysis. The said
Fod Commisson, through its duly accredited offier, shall charged with the
e cement of this act and all other acts and laws heret e p d, or that may
hereafter be passed concering butter, cheese, ", imitation butter," imitation
cheese," milk and crea, vinegar, ider, and all laws concerning dairy produts,
r or vinar, or any itation or adulteration thereof. The said F ommi-
oner hall have control over the sbject of sting milk and am in the state o
SFd nioer's duties as to dairy product a vi r included
r---- -- ~ .~ISX~~A 73
348 FOODS AND FOOD CONT
Nebraska, on the far, in the factory, skimming station, milk or
or cream wagon, or any other place where milk or cream is bought or.old, and ay
make such regulations concerning the subject of t
deem reasonable and just, and shall have power to establish
butter fat in milk and cream. The said Food Commission and its duly ac
officers, such as shall be duly authorized for the
ingress and egress to all creameries, cheese factories, skimin sio, cid
factories, vinegar manu factories, farms, buildings, carriages, cars, vessels, packages or
cans, used in the manufactre or sale of any dairy product,id o vin o
imitation thereof. They shall also have power and authority
can or vessel ntaining such dairy product, cider or in
adulteration thereof which they may have reason to believe may be
sold or exposed for sale in violation of the provisions of this or er i
relation thereto, and may inspect the contents therein, and may take therefrom
amples for analysis, and have the same analyzed by a com nii
the chemist shall be allowed a reasonable fee not to exceed Five l r
each analysis, and the finding of such chemist shall be taken as
in court, and i all prosecutions under this act when such an
and given in evidence, the said fees and expenses of the c
shall be taxed as costs in the case, the same as other costs are
knowingly violating this act shall be dealt with as provided in this act.
3670. (5) Mont reports from akers f imitation butter and
firm or corporation in this state manufacturing or dealing excepting ret r n "ii
tation butter" or "imitation cheese," or both, shall, on or before the te
each month, on blanks provided by said Food Commissioner,n wt-
ing to said Food Commissioner, showing the amountof "imitatn b or "imi
tation cheese," or both, sold by them durin the preceding month size of pac es
used, to whom and when sold, busines location of the purchaser, amount of
tion butter" or "imitation cheese," or both, on hand at the cl of the m
business, and such other items and facts as may be requird by saiFood C is
sioner, verifying the same under oath, and specifying particularly t
cmplied with all the state laws in regard to such "imitation bur or "imii
cheese," or both, as the case may be; provided, that the retailer shall nt be required
to state to whom sold nor location of the purchaser.
3671. (6) Makers and dealers in itation dairy prodt defined; ll i
deer defined; also creaery," "cheese factory," and "kiing Every
person, fim or corporation who in any manner produces "imita butter" or
"imitation cheese," or both, as the same is now defined, or may he
in the statutes of this State, shall be cnsidered a manufacturer of imi
butter" or "mitation ch or bth. Every person, fir or wh
sells or ffers for sale, or hasin his po on for sale "imitation tter" or ii-
tation cheese" or both, as the same is now defined in the statutes of this St,
hereafter may be define, in packages containing ten por be
eeed a wholle dealer in "imitation butter" or"imitation or as
the case ay be. Every person, firm or corporation who sells or for or
has in his poa ion for sale, imitation butter" or imitation c e or bth, as
the same is now define or may hereafter be defined in the statutes of ts s ,
packages containing less than ten pounds each, shall be deemed a retail dealer in
" imitation butter or "imitation cheese" or both. Every person, firmor co
tion buying, re-working and handling the product commonly kwn an
store or "dairy butter, and making out of the sae what is generally known
and termed ladle" or "factory" butter, shall be deemed a m
butter, Ev ery person, firm or corporation, buying and selling b o heese or
both inoriinal ackages not of own production whtmmion or
otherwisehall be a wholesale dealer in butter or cheese or both, as the
case may be. Every person, firm or corporation who manufactures or sells annually
barr of cider, as defined in chapter three (3) of the session laws of
Sshall, for the purposes of this act, be deemed a wholesale dealer in cider.
firm or corporation who manufactures or sells annually fifty (50) or
of adulterated cider, as defined in chapter three (3) of the Session Laws
for the purposes of this act, be deemed a wholesale dealer in adulter-
SEvery person, firm or corporation who manufactures or sell annually
) or more barrels of cider vinegar, as defined in chapter four (4) of the se
S897, shall, fr the purposes of this act, be deemed a wholesale dealer in
Every person, firm or ororation who manufactures or sells annually
i 0) or more barrels of th so-called grain" vinegar, "wine vinegar or "fruit"
as defined in chapter four (4) of the sessios lawsof 1897, shall for the purposes
of ths act, be deemed a wholesale dealer in the so-calle "grain" vinegar, wine"
inegar or "fruit" vinegar. For the purposes of this act, a creamery shall be defined
as a f r where cream from milk, with or without the addition of salt and color-
is churned into butter." A cheese fatory shall be defined as a ctory
whee milk, or without the addition of salt, rennet and coloring matter, is man-
factured into cheese. A "skimming station" shall be defined as "a place where
lk, from not less than five patrons, is skimmed by machinery and the cream
resultg therefrom is taken to a creamery to be churned."
S(7) Permit for handling ation butter, cider, vinegar; inspection. It shall
l for any manufacturer, wholesale or retail dealer in "imitation butter"
Scheese" or both, to enter upon or engage in the business of producing,
i, hadling, or having in his on for sale, or selling "imitation
butr or imitation cheese" or both, without first procuring from said Food Com-
n annual permit, said permit describing the occupation and place of busi-
of person, firm or corporation receivi the same, and condition on a
l ance of the laws of the state by him: Proded, That any manufac-
mitation butter" or "imitation cheese" or both, who sells only "imita-
S or "imitation cheese" or both, of his own production at the place
of ure inthe original shall not be required to take out a
as a wholesaler. It shall be unlawful for any person, fi or corporation
to manufactue ladle" butter or to carry on the business of manufacturing "ladle"
to carry on business a a wholesale dealer in butter or cheese, or both, or as a
e dealer in cider, or as a wholesale dealer in adulterated cider, or asa whole
sale dear in cider vinegr, or as a wholesale dealer in so-calle "grain" vinegar,
wine" vinegar or "fruit" vinegar, or to operate an creaery or cheese factry or
station, or to do any siness in producing, manufacturing, handling, or
selling the product so made, without first procuring from said Foodl Comniusioner
n annl permit, said permit descriing the occupation and place of busincss of the
e firm corporation receiving the sae and conditioned on a faithful o v-
nce f the laws of the state by him. All applications for permits under this act,
be in writing addressed to the aid Fod Comisioner, verified by the appli-
stating that after this act shall bcome a law he has not violated any of the pro-
visions of this act.
t is further provided that the sai F Co ison through itsaccredited offiter
lhave the right at any and all tim o inspect the premiss, methods, and proc-
eses of any creamery, cheese factory, skimnting station, manufacturer of ladle but-
ter, wholesale dealer in butter or heese, or both, manufacturer of cider, man fae-
trer of adulterated cider, manufacturer of cider vinegar, anufacturr ofgrain
i or "fruit" vinegar, wholale daler in cider, wholele dealer in adlter-
ted cider lesale dealer n ider vinear, who dealer in "grain" vin r,
10943-No. 69. pnt 4-( ti
350 FOODS AND FOOD COTROll.
"wne" vinegar or "fruit" vinegar; man of imi
tion chees" or both, wholesale deler or retail dler in
other acts relating to dairy products, cider or vinegar or any
8678. (8) Cost ofpermits. For said permits and the-se s pn
nection therewith, including the inspection as provided by this act, there shall be
charged and collected annually as follows: From each manufacturer of "imitation
butter" or "imitation cheese" the sum of ne Hundred Dollars ($100.00); from each
wholesale dealer in "imitation butter" or "imitation cheese" Fifty Dollar ($50.00);
from each retail dealer in "imitation butter" or "imitation cheese" Twenty-five
Dollars ($25.00); from each wholesale manufacturer or wholesale dealer in adulter-
ated cider, Fifty Dollars ($50.00); from each manufacturer r w in
o-called grin" vinegar, "wine" vinegar or "fruit" vinegarFifty ($50.00);
from each manufacturer or wholesale dealer in cider Fifteen Dlla )
each anufucturer or wholesale dealer in cider vinegar Fifteen Do ($15.00);
each creamery Ten Dollars ($10.00); fro each cheese factory
from each skimming station One Dollar ($1.00); from each manufac r "le"
butter Fifteen Dollars ($15.00); and from each wholesale dealer n or
Ten Dollars ($10.00), payable in each and every case into the of the
of ebraska, as provided by law, in advance of the iss unce of said
3674. (9) Revocation of perits. If any person, firm or corporation to such
permit has been issued shall be convicted of a wilful violation of any of the pro-
visions of this act, such conviction shall thereupon "ipso facto" work a revocation
of such permit and the same shall hereafter be held and deemed null void.
8675. (10) Prosecutions. It shall be the duty of all county on
of the Food Commissioner to represent and prosecute on behalf of the state within
their respective counties, all offenses arising under the provisions of this act.
3676. (11) Penalty. Any person, firm or corporation violating any pro
this act shall be deemed guilty of a misdemeanor and on conviction thereof, be
punished for each offense by a fine of not less than Ten Dollars ($10.00) nor more
than One Hundred Dollars ($100.00) in the discretion of the court.
It is further povided that each day's failure in taking out the permit descri
above, shall constitute in each of the above cases a separate and
3677. (12) Apprpriation. Unconstitutional.
Approved, Apr. 3, 1899. Compiled Statutes 1903, ch. 33, pp.
7910. (240a) 1. Adulterated food. That no person shall, within this state mnu
facture for sale, offer for sale, or sell any article of food which is adulterated, within
the meaning of this act.
7911. (240b) 2. "Food" defined. The term "food," as used herein, shall include
all articles used for food or drink by man, whhether simple, mixed or com n
7912. (24) 3. dulteratin d. A article of food shall be be
adulterated within the meaning of this act in the following e: F If any sub
stance or substances have been mixed with it, so as to lower or te, or
ously affect its quality, strength or purity; Second, If any inferior or cheaper sub-
stance or substances have been substituted wholly or in part for it; Third, If any
valuable or necessary constituent or ingredient has been wholly or in
from it; Fourth, If it is an imitation of or is sold under the nameof
Fifth, If it consist wholly, or in part, of a dis de, p ,
tainted or rtten animal or vegetable substance or article, wh
not-or, in the cas of milk, if it is the produce of a d s animal
any inferior liquid or mixed with y nferior substance; Sixth,
polished or powdered, whereby damage or inferiority is concealed or if by any
it is made tappear better or of greater value than it relly is; Seventh, If it
any aded substance or ingredient which is poisonous or injrious to health
y deleterious substance not a necessary ingredient in its manufacture. Pro-
that the provisions of this act shall not apply to mixtures or compounds
Sordinary articles of food, if the same be distinctly labeled as mixtures
and are not injurious to health, and contain no ingredient not nece
a the preparation of the genuine article of such mixtures or compounds, and
Sno n ingredient in its preparation is eliminated.
(240d) 4. Samles. Every person manufacturing, offering or exposing for
r delivering to a purchaser, any article of food included in the provisions of this
sl furnish toany person interested, or demanding the same, who shall apply
Shim for the purpose, and shall tender to him the value of the same, a sample
t for the analysis of any such article of food which is in his po on.
7 (240e) 5. Penalty. Whoever refuses to comply, upon demand, with the
re ents of section four, and whoever violates any of the provisions of this act,
Sbe guilty of a miemeanor, and upon conviction shall be fine in any sum
not exc ing one hundred nor less than twenty-five dollars, or imprisoned in
county j not exceeding three months. And any person found guilty of manu-
offering for sale or selling an adulterated article of food under the provi-
of this act, shall be adjudged to pay, in addition to the penalti hereinbefore
pr d for, all necessary csts and expenses incurred in inspecting and analyzing
adulterated articles of which said person may have been found guilty of manu-
factrin, selling or offering for sale, which shall be adjudged as apart of the penalty
Sthe mt in the same action wherein he is found guilty.
aws 1897, ch. 99, sees. 1-5; Compile Statutes 1903, pp. 1972-1974.
7890. (227) Unwolesoe eat or proisions; penalty. If any butcher or other
hal knowingly sell any unwholesome flesh of a diseased anial, or other
me provision, he or she shall be fined in any sum not exceeing fifty
Compiled Statutes 1903, p. 1969.
7 ood ineors under health comm iner * Inspectors of reats,
, food and of any and all other mater and things relating t the snitar condi-
tio of such city except as herein otherwis provided shall be under the control and
directioof the health commissioner.
Cobbey's Supplement 1905, pp. 245-246.
7611. Additional fod control powers eed u municipies. In addition to, the
power herein granted, cities governed by this act shall have powver by ordinance.
7618. * To provide for, license, and regulate the insIvecti4,n and sale of
m flour, poultry, fi, milk, vegetables and all other provisions or articles of
fd exposed or offered for sale in the city, and to prescrib e weight and qualit
o dexposed or offered for sale in the loaf. Also to provide for the inspection
of weights and ure or weighing apparatus.
Cobbey'sSupplement 1905, p. 277.
428. (13) Every person so licensed, or any other person, who shall intntionally
or otherw sell or give away, or direct, or permit any person or persons i his
mploy to sell or give away any malt, spirituous, or vinous liqur, which hall b
utted with strvyhnine, strntia, sugar of lead or any other subt
352 FOODS AND FOOD CONTROL.
forfeit and pay the sum of one hundred dollars for every such
made by a practical chemist shall be deemed competent testimony under the pro-
visions of this section.
Compiled Statutes, 1903, ch. 50, p. 1045.
500. (1) Adulterated ider. That no person, firm or company
for sale, offer or expose for sale, sell or deliver, or have in his pn w
to ell or deliver, any cider not in compliance with the provi of s a No
person, firm or company, shall mnufacture for sale, produce, for
offer for sale as cider, any preparation of ider containing licylic ,,
preservit, anti-ferment, or any other drug, chemical or substance that does not
long to the apple in its natural state.
01. (2) Cider defined. For the purposes of this act cider to
mean pure apple juice, absolutely free from any foreign su
502. (3) Cider subtitute. No person, firm or company shall
sell or keep for sle or offer for sale ny product or su or for
which is not cider.
503. (4) Brandi of adulterated cider. Any person, firm or co, who
manufacture for sale, sell or keep for sale, or offer for sale, any adulterad c shll
plainly mark or brand on the head of each keg, cask or barrel, or
terated cider," together with the approximate proportion of each drug, c, or
substance used in its contents.
504. (5) pection, ampling, proseion. It shall be the duty of the county
attorney of each of the counties of this state, when complaint shall be to him
that aulterated cider is being sold in his county, to immediatel inquire into the
facts, and he or any deputy, assistant, or expert by him appointed have acc
to all places of business, factories, or buildings where cider is made for e, or kept
for sale, and shall have power to open any barrel, cask or other believed to
contain cider manufactured or for sale, or kept for sale in violation of the pro
of this act, and may inspect the same and take samples for analysis, and if the inves-
tigation seems to sustain the charge, he shall forthwith file information and prosecute
the offenders as in criminal cases.
505. (6) Penalty. Whoever violates ny of the provisions of this act shall upon
conviction be fined not less than fifty dollars, nor more than one hundred dollars,
or imprisoned not less than thirty days nor mor than one hundred days, or both,
for each offense and pay the costs of prosecution, and shall be adjudged to
pay all necessary costs and expenses incurred in inspection and analysis of such
Laws 1897, ch. 3; Compiled Statutes 1903, ch. 2, art. 4, pp. 101-102.
794. (1) Iitatio butter and fined. That for th of
every article, substance or compound, other than that produced from pure milk, or
cream from the same, made in the semblance of butter and designed to be used as a
substitute for butter ade from pure milk, or crea fro the
declared to be imitation butter, and that for the purposes of this act,
tanc or compound, other than that produced from pure milk, or
the same, ade in the semblance of cheese and designed to be used as
for cheee made from pure milk, or cream from the same, is hereby d d t
'See also General Food Laws.
imitation cheese: Provided, That the use of salt, rennet, and other harmless coloring
r coloring the product of pure milk, or cream, shal a not be construed to
render such product an imitation.
(2) Coloring imitations; penalty. No person, firm or corporatin, by himself,
nt, servants, or employe, shal coat, powder, or color with annatto, or any
matter whatever, any substance designed as a substitute for butter or cheese,
y suc substitute or product so colored or compounded shall be made to
butter or cheese, the product of the dairy. No erson, firm or corporation,
byhimehis aents, or servants or employes, shall combine any anial fat, or
oil, or other substance with butter or cheese; Or combine therwith, or
animal fat, or vegetable oil, or a combination of the two, or with either one,
y other sub or substances whatever; Or combine with annatto, or conound
the same, or any substance or substances containing annatt, or compounds of
the same, or any coloring matter whatever, with imitation butter, or imitation
as defined in the first section of this act, for the purpoe, or with the effet,
.of im g thereto a yellow color, or any shade of yellow, so that such imitation
or imitation cheese, shall resemble yellow or any shade of genuine butter or
c s Nor introduce any such coloring matter, or any substance, or subtances,
ning such coloring matter into any one of the articles of which the same is
d. Provided, Nothing in this act shall be construed to prohibit the e of
t, and harmless coloring atter for coloring the proucts of pure milk, or
from the sae. No person, fir or corporation, by himself, his aent, servants
or ployes, shall produce or manufacture any substance in imitation or semblance
of naural butter, or cheese, nor sell, nor have in his on, nor keep for sale,
Soffr for sale any imitation butter, or imitation cheese, ade or manufactured,
como or produced, in violation of this section, whether such imitation butter
r tion cheese shall be ade or prouced in this state or elswhere. Every
firkin, or box, containing iitation butter, or imitation chese, so prouc,
ctued, had in o on, kept for sale, or offered for ale, shall cnsti-
and is hereby declared, a eparate an distinct oense, on the part of the peson,
or corporation so producing, manufacturing, selling, having in oseon, keep
i for ale, or offering for sale, said tub, firkin or box, and every pern, fi or
corpaton violating any one of the provisions of this section, shall, upon conviction,
be ned in not less than ten ($10.o) dollars, nor more than twenty ($20.) dollars,
for each offense. Ad further prodd, That this section shall not be construle to
proibit the manufacture and sale, under the rgulatins herinafter pvidd, f
designed to be sed as a subtit te for butter or cheese, and not tanfac-
t or colored as herein prohibited.
44. (3) Branding. Every person, fi or orporation, who lawfully nanufac-
any substance designe t be used a a substitute for butter or chce Sall
mark, by branding, staping o- stenciling, upon the tlp and side of each tub, tirkin.
or box, or other package, in wNich such article be kept, and in which it shall be
removed from the place where it is produced, in a clea, legible, and durable man-
ner, in the English language, the words, "Imitation butter," or litation cheese."
asthe cse may be, in printed letters, in plain Roman type, each of which letter
ll not be less than one inc in length, by one inch in w idth.
74. (4) rtation f imit No erson, firm or corporation, by hii-
se his agent, servants, or eploye, shall hip, consign, or forward by any cmon
criewhether public or private, any sus tance designed to Ibe use a substitute
for b r or cheesead no crrier shall knowingly receie the ame foir the purpo?
oarding or transrting l it b manufactured and mtarked a provided in
the preceing sections of this act, ad unles it be consiged by the carrier and
.. .. .
354 FOODS AND FOOD CONTROL.
receipted for by its true name Provided, That this t shall not apply to any good
in transt between foreign states across the state of Nebr
7946. (5) Possion of unmarked dairy Noor corporation,
by himself, his agents, servants, or employe, shall have in his possession or under
his control, any substance designed to be used as a sue fr b o
unless the tub, firkin, box, or other package containing th e be y
durably marked, as provided by section three (3) of this act.
section shall not be so construed as to apply to persons who have in their
po sion for the actual consumption of themselves or fily. firm
or corporation, by himself, his agents, servants, or employe, having in his
sion or control, any substnce designed tobe used as a substitute for
which is not marked as required by the provisions of this act, s be to
have known during the time of such on or control, the true
name of such product, as fixed by this act.
7947. (6) Subutes to be sold as such; notice to purchaser. No fi or cor-
poration, by himself, his agents, servants, or employ, shall sell, or or sale,
any substance desiged to be used for a substitute for butter or under the
name of, or under the pretense that the same is butter or cheese; no
firm or corporation, by himself, his agents, servant, or employe, s any su
stance designed to be used as a subsitut for butter or cheese, unle he inform
the purchaser distinctly at the time of sale, that the same is a ste for butter
or cheese, as the case may be, and shall deliver to the purchaser, at the time of sle,
a statement clearly printed in the English language, which shall refer to the artle
sold, and which shall contain in prominent and plain Roman type, a tt t
the substance so sold is a substitute for butter or cheese, as the case may be, and such
tatement shall also give the name and place of business of the mker
7948. (7) Use of butter and cheese ubsttute in hotel, etc.; es; penalty. No
keeper or proprietor of any bakery, hotel, public institution, dining cars, restaurant,
saloon lunch counter, or place of public ertainment, or any person having charge
thereof, or employed thereat, or any person, firm or corporation, furnishing board
for others than members of his own family, or for any employe where su board is
furnished for a compensation, or as any part of the cotion of any su
employe, shall keep use or serve therein, either as food for his g ts, boarders,
inmates, patrons, customers, or employs, or for coking purses, any imitation
butter, or imitation cheese, as defined in ection (1) one of this act; and in using or
serving any substance designed as a substitute for butter or cheese, as herein defined,
he or they shall display and kee posted a card opposite each table in a conspicuous
place where the same may be easily seen and read, in the dining room, eating room,
lunch room, restaurant, hotel, public institution, dining car, boarding house, saloon,
or place of public entertainment, and place here such substance, ed s a sub-
stitute is sold, used or dispoed of, which card shall be white, and in sinot les
than ten by fourteen inches (10x14 in.); upon which shall be printed in plain, blk
oman letters, not less in size than one inch in length and one-half inch in width,
the words "Imitation butter used here," or "Imitation cheese used here," as the
case may be, and aid cards shall not contain any other words than the ones above
described. Any person, firm or crporation, violating the provisions of this section,
shall upon conviction thereof, be punished by a fine'of less than t ty-five
($25.0) dollars, not over fifty (50.00) dollars, or by imprison th n
jail for not nore ta hirty (30) days.
7949. (8) Palmtsiea. Whoever shall violate any of the provisions of three
(3), four (4), five (5), six (6) and nine9of thisact shall, for the first
ishd by a fine of not le than twenty-five ($.0) dlar, nor orethan fiy ($ 0)
dollars, or by rmprisonment not ex ceding thirty days; and for
offee by a fine of not less than fifty (50.00) dollars nor mrtha hun
:* "* .. ... ;'1 .'- '
($100.00) dllars, or by imprisonment in the county jail not less than thirty days nor
more than six months, or by both such fine and imprisonment in the discretion of the
court. Provid, h eThat no provision of or in this act shall be onstrued to
or a penalty int, the manufacture of imitation butter and imitation
state, under the restrictions and provisions of the United States
law, for shipment to points outside of this state.
7950. (9) Action bypary tofraud; utilating labels. No action can be maintained
t of any sale or other contract made in violation of, or with intent to violate,
of the provisions of this act by or through any person, firm or corporation who
y a party to such wrongful sale or other contract Whoever shall
tilate, obcure, conceal, efface, cancel or remove, any mark provided for by this
or or permit the same to be done, with intent to islead, deceive, or to
any of the provisions of this ct, shall e guilty of a misdemeanor.
7951. (10) Subtitute butter and cheese sold as genuine. Whoever sells, or offers for
to any person who asks, sends or enquires for butter, imitation butter, or imi-
tation cheese, or any substance made in imitation of or semblance of pure butter,
not made entirely from milk of cows, with or without coloring matter, shall be guilty
of fraud and punished by a fine of not less than twenty-five ($25.00) dollars nor more
than fifty ($0.00) dollars for each offense.
Approved, March 5, 1895. Compiled Statutes, 1903, pp. 1980-1984.
S(234) Diseased, dlted, or adterated milk Whoever shall knowingly sell
to any person or persons, or sell, deliver, or bring to b manufatured to any
hee or butter anufactory in this state, any milk diluted with water, or in any
way adulterate or milk from which an cream h been taken, or milk comonly
known as "skimmed milk," or shall keep back any part of milk known as "strip-
with intent to defraud, or shall knowingly sell lk the pruct of a
animal or anials, or shall knowingly u any poisonous or deleterio
in the manufacture of cheese or btter, shall be fined i any su not less
twenty-five dollars, nor more than one hundred dollars, and be liable in double
the amount of damages, to the person or persons, upon whom such fraud shall be
led tatute, 1903, p. 1971.
799. (1) Labeling of butter and cheese imitations. That any person, company, or
cwho shall manufacture for sale any article, or who may offer or expose
for saany article or substac in emblane f butter or cheese, not the legitimate
product of the dairy, and not made exclusively of milk or crea, but into which any
vegetable oil or the oil or fat of animals not produced from milk enters as a com-
t part, or into which melted butter or any oil thereof has been intrdue to
the place of cream, shall distinctly and durably stamp, bran or mark upn
everytub, firkin, box, or package, of such rtcle or su the wo lmarrine
or buttrine, i plain Roman letters not less than half an inch square, placel hori-
zontally in proper order, and in case of retail sales of such articles or substances in
parcels, the eller shall in all ases deliver therewith to the purch asr a written or
tained for the price thereof.
794. (2) Pen Any pers, com or copration who hall sel, or rto
or have i his or her p eion with intent to sell, contrary to the provisions of
act, any of the said articls not so stamped, marked, or laeled, or in cast of
etailale, without delivery of the hI l ruired tsby one of this act, shall for
356 FOO.DS AND FOOD CONTROL.
each such offense forfeit and pay a fine of one hundred dollars, to in
any court in the state of competent jurisdiction.
7941. (3) Unlabeled butter and cheese substitutes. That any person, company, or
corporation who shall sell, or offer, or expose for sale, or
be sold any article required by the first section of this at to
stamped, or labeled, not so marked, branded, stamped, or la be
a misdemeanor, and on trial for such misdemeanor, proof of r offer, or
exposure alleged, shall be presumptive evience of knowledge of of the
article so sold or offered.
7952. Sale of diluted, adulterated, or unean milk to butter or cheese Who-
ever shall knowingly sell or supply or bring to be manto any che
manufactory, butter manufactory, or creamery in this State, any milk luted with
water or in any way adulterated, or milk from which any cream has been taken, or
milk commonly known as "skimmed milk;" or whoever shall keep any part of the
milk known as "strippings," or whoever shall knowingly bring or ply milk t
any cheese manufactory, butter manufactory, or creamery, that is or partly
sour from want of proper care in keeping pails, strainers, orany vs n which said
milk is kept, clean and sweet, after being notified of suc taint or ca, or
any cheese manufacturer or butter manufacturer who shall knowingly or direct
any of his employes to use, for his or their individual benefit, any of the milk
brought to the cheese or butter manufacturer, without the consent of all the owners
thereof, shall, for each and every offense, forfeit and pay a sum of not le than
twenty-five dollars, nor more than one hundred dollars, with the costs of suit to be
sued for in any court of competent jurisdiction, for the benefit of the person or per-
sons, firm, association, or corporation, or their assignees, upon whom such fraud be
Compiled Statutes, 1903, pp. 1980 and 1984.
506. (1) Pure cider ,inegar defined. No person, firm or company shall manufac-
ture for sale, offer or expose for sale, sell or deliver, or have in his
intent to sell or deliver, any vinegar, not in compliance with the provisions of this
act. No vinegar shall be sold as apple, orchard, or cider vinegar, which is not he
legitimate product of pure apple juice, known as apple cider, or vinegar not made
exclusively of said apple cider, or vinegar in which foreign substance, drugs, or
acids have been introduce, or which upon proper test shall contain le than two
per cent by weight of cider vinegar solids, upn full evaporation at the temperature
of oiling water.
507. (2) Branding of cider near. Every manufacturer or producer of cider
vinegar, when offering it for sale, shall planly mark or brand on the head of each
cask, arrel, keg. or other ackage containig such vinegar, his name and place of
business, and the words "cider vinegar," and no person shall label orbrand as ider
vingar or for cider vinegar any package containing vinegar which is not er
50s. (3) Branding of other rinegr. Every person, firm or company manufactr-
ing for sale, keeping for ale, or offering for sale any of the called grain in
wine vinegars, or fruit vinegars, shall place them on the market without artificial
coloring, with a brand or label on each barrel, or other paearly ndi-
ating the name and place of busines of the manufacturing person, firm, or company,
with the name of the grain or fruit from which the cotent are made
509. (4) Addition of foreign ustnce or colorig All vinegar lall be
made wholly from the fruit or grain from which it purports to be or is re
aee also General Food Laws.
be made, nd shall contain no foreign substance or artificial coloring, and shall
contain not less than four per cent by weight of absolute acetic acid.
510 (5) Injrius ingredients. No person, firm, or company shall manufacture
or offer for sale or have in n with intent to sell, any vinegar con-
taining any preparation of lead, copper, sulphuric, or other mineral acid, or other
ingredients injurious to health.
() I; sampling; prosecuting. It shall be the duty of the county
attornyof each of the counties of this state, when complaint shall be made to him,
Sadulterated vinegars are being sold in his county, to immediately inquire into
and he or any deputy, assistant, or expert by him appointed shall have
to all places of business, ctories, or buildings where vinegar is made for sale,
Skept for sale, and shall have power to open any barrel, cask, or other package,
ved to contain vinegar manufactured or forale, or kept for sale in violation of
hons of this act. And may inspect the same and take samples for analysis.
And f te investigation seems to sustain the charge, he shall forthwith file informa-
and prosecute the offenders as in crimnal cases
512. (7) y. Whoever violates any of the provisions of this act shall, upon
conviction, be fined not less than fifty dollars nor more than one hundred dollars, or
imprisoned not less than thirty days nor more than one hundred days, or both, for
each offense and pay the cost of prosecution, and shall further be adjudged to pay
all y costs and expenses incurred in inspection and analyzing such vinegar.
Laws 1897, ch. 4; Compiled Laws 1903, ch. 2, art. 4, pp. 102-103.
7989. (229) If any person or persons shall put any dead animal, carcass, or part
or other filth substance, into any well, or into any spring, brook, or branch
of ning water, of which use is made for domestic purposes, every person so offend-
ing shall be fined in any sum not less than two, nor more than forty dollars.
Compiled Statutes 1903, p. 1970.
Milk and Cream I, Ezra P. Savage, governor of the State of Nebraska, by virtue
of the authority vested in me by law as said (food) commissioner, ex-oflcio, do
hereby fix and establish as the minimum standard 3 per cent butter fat for milk and
5 per cent butter fat for cream. And I do herby require that all milk and crea
bought and sold or offered for sale within the state of Neb ka for onsumption in
their respective forms shall be at least of the foregoing standar and the sale or offer-
ing fr sale of either at a lower standard is hereby declared to be unlawful.
tablished by prolaation, Dec. 12, 1901.
The food laws of this State provide no oficer for their administra-
tion, and no attempt has been made to enforce them.
GENERAL FOOD LAW.
4768. (131) Penalty for selling unolesome food or drink. If any person or
sons shall knowingly sell any flesh of any di
provisions, or any poisonous or adulterated drink or liquors, every per so offend-
ing shall be fined not more than five hundred dollars, or imin the
jail not more than six months.
General Statutes 1885, sec. 4677, p. 1039; Cmpiled Laws 1900, p
5076. Addition of injurious substances. No person, firm, or corpo shall, either
directly or by agent or employee, or as the agent or employee of any
firm or corporation, manufacture for sale, or knowingly sell, or o for any
candy adulterated, by the admixture of terra alba, barytes, talc, or any other
substance, or by poisonous colors, or flavors, or other matters or
rious or injurious to health.
5077. estruction of adulterated candy. Any candy so adulterated be
by any police, constabulary or arresting officer, and shall be destroyed under the
direction of the Judge of the court before whom any complaint shall be made for a
violation of any provision or requirement of this Act.
5078. Penalty. Any person violating any provision or requirement of this Act
shall be punished by a fine not exceeding one hundred dollars, nor les than ten
dollars, or by imprisonment in the county jail for a period not ceeding fifty ays,
nor less than twenty-five days.
Compiled Laws, 1900.
4897. Penalty for selling adterated ilk Any person or ersons who shall know-
ingly sell or exchang, or expse for sale or exchange, any impure, adura or
unwholesoie milk, shall be deemed guilty of a misdemeanor, and on conviction
thereof shall be punished by a fine of not less than one hundred dollars forch and
every offense; and if the ine is not paid, the said person or persono onvicted
shall be imprisoned, in the county jail, for not less than thirty days.
4898. lty for sanitry care of ws, etc. Any person or who shall
ulterate milk, with the view of offering the same for le or exchange, or shall
keep ows for the production of milk for market, or for sale or exchange, in a crowded
or unhalthy condition, or feed the ae on food that produces impure, or
unwholesome milk, or who shall sell or exchange or offer to sell or exchange any
milk as pure, from which the cream or any portion tereof has been taken, except
as herinafter provided, shall be dee gilty of a misdemeanor, and on con
thref shall be punished by a fine of not le than one hundred dollar
every offense; and if the fine is not paid, the person or person so convicted shall be
imprisoned, in the county jail, for not les than thirty days.
368 '~ '*"::* **rmy-~r ei~~
*~9 ~ ii'' i'
Penalty for dilution of milk or iproper feeding of cows. The addition of
or any substance is hereby declared an adulteration; any milk that is obtained
from animals that are fed on distillery, brewery, hotel, or restaurant waste, usually
S "swill," or upon any substance in a state of putrefaction, or upon impure
m stalls and stables, is hereby declared to be impure and unwholesome,
person or persons offending, as aforesaid, shall be deemed guilty of a mis-
demeanon conviction thereof, shall be punished by a fine of not less than
dollars for each and every offense; and if the fine is not paid, the per-
son or persons so convicted shall be imprisoned, in the county jail, for not less than
Skimed milk. Nothing in this Act shall be construed to prevent the sale of
s d milk, provided the person or persons seling the same shall first make
the fact that it is skimmed milk, and shall sell it as such; and any person or
perss who shall violate the proisions of this section shall be deemed guilty of a
misdemeanor, and, on conviction thereof, shall be subject to the penalties prescribed
in ntwoof this Act.
4901. Diosition offines. The penalties hereinbefore provided shall be recover-
before ny court having jurisdiction of the same; one-half of such fine shal be
paid to the person or persons who shall make the complaint and prosecute the same,
and the other half shall be paid into the school fund.
(1) Milk ipector. There shall be appointed by the Board of County Com-
ers of said county a Milk Inspector, whose duty shall be as provided in
section two of this Act.
49 (2) ty of inspector. It shall be the duty of said Milk Inspector to inspect
offered for sale by vendo in his county, and if found aulterated, unwhole-
somand impure, he shall cause the arrest of said vendor or vendors, and prosecute
m in any court of competent jurisdiction in this state.
(3) Penly. If said vendor or vendors are found guilty of the violation of
iAct, and the Act to which this is supplemental, they shall be fined in any sum
not than twenty-five dollars, nor mor than two hundred dollars, or be impris-
ondin the county jail for not less than fifty nor more than one hundred days. All
fines under the provisions of this Act to be paid into the school fund.
4905. (4) ary of inspector. The compensation for said ilk Inspector's rvices
shall be regulated and ordered paid by the Board of County Commissioners of his
4906. (1) Penaltyfor sale of imitation butter. Every person who shall manufacture
for le any article or substance in semblance of butter, that is not the legitimat prod-
uct of the dairy, and not made exclusively of milk or cream, but into which the oil
or fat of animals, not produced from milk, enter as a coninenit part, or into which
butter, or any oil thereof has been intruced, to take the place of crea.
unle the package contaning such article or substance shall be labeled or brnded
with the word "oleoargarine as provid in section two of this Act, shall be
demed guilty of a misdemeanor, and upon conviction therof, shall be finl in any
sum not exceeding five hundred dollars, and shall be confined in the county jail not
l than tirty days nor more than sx months.
4907. (2) Branding of imitatin butter; p lty. Every person who shall se1, or
offer, or exlose for sale, or have in his or her p in with intent to Sell any of
the said article or substance entione in tion one of this Act, shall diintly
mark, brand or lail every package containing such substance, whether at whole-
saor retail, with the word "olemargarine," d every rson who shall ell, or
offe for le, such sustance not so branded markld, or laeled, shall guilty of
a m isdeeanor, and upon convictiou therefor, in any court in this state having cgni-
ance thereof, shall pay a fine of not Iess than twentyfive dollrs nor more than one
hndr dollars fr ach and eery ofee.
360 FOODS AND FOOD CONTROT.
4908. (3) Size of randsThe branding or marking of po
rolls or prints, shall be in letters not less than one-fourth of an inchquare, and if on
tubs or other packages, the letters shall not be less than one-half inch square.
Compiled Laws, 1900.
826. Diseased or unwholesome products. No person shall bring, or for
sale, or sell in any city, town or hamlet within this state for human food any
1. Blown, meagre, diseased or bad meat, poultry or game; or
2. Unsound, diseased, or unwholesome fish, fruit, vegetables, or
827. Diseed animals. No person shall bring. expose, or offer for le, or sell in
any city, town or hamlet within this state
1. Any sick or diseasd animal, or
2. The flesh of any animal which, when killed, was sick or or that died
a natural or accidental death.
828. Slaughr of cales. No person shall slaughter, expose for le or sell, or bng
or cause to be brought into any city, town or hamlet within this for human
food, any calf unless it is in good, healthy condition and four w of e.
829. Offer to sell equialent to a sale. Any article or animal that shall be offered or
exhibited for sale, in any part of this state, in any arket or elsewhere as though
it was intended for sale, shall be deemed offered and exposed for e, within the
intent and meaning of this Act.
830. Forfeiture of prohibited products. Any person or persons who, in violations of
the preceding sections of this act, shall bring within this state, city, town or hamlet,
slaughter or sell, or expose for sale any article or animal (therein prhibited from
sale) which is unfit or unsafe for human food shall forfet the same to the authorities.
Compiled Laws, 1900.
4835. (1) Defiing of waer supply. Any person or persons who shall deposit or
allow to be deposited by any person or persons in their employ, into anystream or
streams of water, any sawdust, rubbish, or filth, that will render such water impure
or unfit for drinking or cooking purposes, or in any way injurious to any agricultural
lands, upon which it may be necessary for the owner or owners of such lands to use
such water for irrigating purposes, shall be deemed guilty of a meanor, and
upon conviction thereof before any court of competent jurisdiction, hall be fined
within the sum of not less than twenty-ive dollars nor more than five hundred dol-
lars, exclusive of court costs; provided, that nothing in this Act shall apply to those
engaged in working ores.
4836. (2) Disposition qf.ie. All fines collected under the provisions of the pre-
ceding ection of this Act shall be distributed as follows: One-half to be paid into
the school fund of the county in which such complaint shall have been made; the
other half shall be paid to the party or parties aking the complaint.
Compiled Laws, 1900.
SjEc. 1. Ikiling of wader upplies; petally; e,.eiiptios. Any person or persons, firm,
ompay, corporation or associatioin this State, or the managing agent of any per-
son or prsons, firm, company, corporation or asociatin in this State, or any duly
elected, appointed or lawfully created State officer of this State, or any duly elected,
appointed or lawfully creatd officer of any county, city, town, muni
municipal governehnt in this State, who shall deposit, or who shall p t or
any rson or ersons in their employ or under their control, ma eme or ir
to deposit in any of the waters of the lakes, rivers, streams and ditches in this
State any sawdust, rubbish, filth, or poisonous, or deleterious substance or substances,
to affect the health of persons, fish, or live stock, or place or deposit any such
su or sus in any place where e same may be washed or
inilted into any of the waters herein named, shall be deemed guilty of a misde-
,and upon conviction thereof in any court of competent jurisdiction shall be
any sum not less than fifty dollars nor more than five hundred dollars,
exclusive of Court costs; provided, that in cases of State institutions, municipalities,
corporated towns or cities, when, owing to the magnitude of the work,
m iate correction of the evil impracticable then in such case the authorities
sl opt all new work, and as rapidly as possible reconstruct the old ystems of
di e, sewerage and so as to conform with the provisions of this Act; and pro-
her, that such new and reconstructed systems shall be completed within
years from the date of passage hereof; provided, that nothing in this Act
be so construed as to perit mining or milling companies to dump tailings
into any stream in this State so as to prevent or inpede the natural flow of
stream. Nothing in this Act shall be so construed as to apply to any quartz
m or ore e tion works in this State.
'Sc. 2. De'fintons. For the purposes of this Act the word "ditch" shall be con-
to mean any ditc, canal, channel or artificial waterway, used for carrying or
coducting water into any reservoir from which it may be used or distributed, for
purposes, to any person in this State, or to any person in any county, city,
town or municipality in this State.
3. Appropriation. The sum of three thousand dollars is hereby appropriated
out of any money in the State Treasury, not otherwise appropriated, subjet to the
of the Governor of thi State, for the purpose of enforcing the provisions of
thi Act, either in the Courts of this State or in the Courts of the United States, such
e to be allowed and paid as other claims against the State are allowed and
E This act shall take effect and be in forc from and after the fist
y of July, A. D. nineteen hundred and four.
A ved March 20, 1903. Statutes of 1903, ch. 122, pp. 214-215.
With the exception of the oleo law (chapter 115,aws of 1895.
See p. 368), which is placed in charge of the State board cuture
the food laws of New Hampshire are administered by the State b
of health. In reply to a letter of inquiry, the fol ig tat t
was made by Dr. Irving A. Watson, the secretary of that
tion and director of the laboratory of hygiene:
I am not prepared at this time to go into the matter in detail, t would y in a
general way that, although our present law has been on the for
years, no provision whatever was made for its enforcement until four yea
ago, when the State laboratory of ygiene was established; it was two ye later
that we began our investigations of adulterated foods.
The work done has already accomplished much, and has driven from the tate
many articles of food that did not meet the requirements of our law, whih is par-
ticularly rigid, as will be seen by an examination of section 3.
What we have accomplished has been done, not by prosecutions, but
information furnished directly to the retail dealers of the State. y so doing we
have had their cooperation in the work, and have probably obtained better results
than could have been secured by a few prosecutions. This does not mean that gal
action may not be taken by the board at any time.
Perhaps some modification of our law so as to admit certain compounds might be
advisable; but a measure which would permit anything to be sold in the State that
had a label giving the formula would be, we believe, a step backward. The more
reputable houses are in sympathy with the provisions of our law, and so far as we
can see it works no hardship on any but those who desireto place upon our markets
adulterated or inferior goods.
GENERAL FOOD LAWS.
SEc. 4. tate board of helth to enforce food lais. The State board of health shall
have cognizance of the interests of the public health, relating to the sale of drug
and foods and the adulteration of the same, and shall make all n in t
tions and inquiries in referenc thereto, and for these purposes may appoint inspect-
ors, analysts, and chemists, who shall be subjet to its supervision and removal; and
said board may expend annually an amount not exceeding eight hundred dolar for
the purpse of carrying out the provisions of this section and of the chapter rating
to the adulteration and the sale of unwholesome foods and o
Public Statutes and Sesion Laws, 1901, ch. 107, p. 334.
SS. 1. Efablish t of a labora try f he. The State board of health author
ized to estaish and equip a laboratory with the proper and necesy apparas,
utensils, and instruments for the chemical and bacteriological exa of
supplies, milk, food products, drugs, etc., and the investigation of cases and sus-
pected cases of diphtheria, typhoid fever, tuberculosis, pneumonia, malaria, glande
d other infetiou and contagious dieaes.
and and ':* -._ ** :" :" [llsi~
EW HAMPSHIRE. 363
2. Anay. The said shall employ a chemist, and shall, as far as
practicable, mae investigations and analyses of public water supplies, and of foods
ffed fr sale in our markets, d shall conduct investigations alon
n with a view to discovering adulterated and fraudulent product and shall
the law relative to the same, as provided for in hapter 269 of the Public
logical exaiaThe board shall also provide for the bacte-
o aexamination of cases and suspected cases of diphtheria, typhoid fever, tuber-
rs, and such other das it may deem necessary, includig any
dition that may be found in slaughtered animals, and in cases of infec-
Sshall report its findings immediately, by telegraph or telephone, to
Srequesting the same.
4. Qu ly bulletis; water instigations. The state board of health may pub-
ly in a bulletin the results of the analytical work done in said laboratory,
amin fraudulent and adulterated articles of food found on sale in thi State,
toge r with such other information relating to sanitary atters as it may deem
, d the said board shall conduct its investigations along such line as it
may dee to be for the greatest public utility. It shall make special investigations
in the character and quality of the water supplies of any locality in the State when
requesd by any board of water commissioners, board of health, or by consumers.
S5.Iestigatns free. All investigations conducted in the said laboratory shal
be free to the people of this State.
Session Laws, 1901, ch. 23.
SE.1. Adultrated drugs, food, or drink. No person shall sell, or offer for sale, any
drug or substance to be used in the manner of medicine, or any adulter-
e le of foodr substance to be used in the manner of food or drink.
2. Drug tandard. If any drug or substance used for medicine, ld nder a
ng by the United States Pharmacopoia, or in some other pharaco-
or other standard work of materia medica, differs materially from the standard
, quality, or purity laid down in such work, or contains less of the active
priiple than is contained in the genuine article, weight for weight, or falls below
the f standard under which it is sold, it hal be deemed to be aulterated
the meaning of this chapter.
Inferior or unholeme food. If any food or substance to be eaten or used
Sthe manner of food or drink contains a less quantity of any valuable constituent
than is contained in the genuine article, weight for weight, or contains any substance
fo n to the well-known article under whose name it is sold, or is colored, ce,
, or powdered; whereby damage is concealed, or contains any added poison-
ous nt, or consists wholly or partly of any decomposed, putrid, or dise
or has become offensive or injured from age or improper care it shall be
deed to be adulterated within the meaning of this chapter.
Sc. 4. Pety. Whoever fraudulently aulterates for the purpose of sale any
eof food or drink, drug or medicine, or knowingly sells any fraudulenly adul-
article of food or drink, drug or medicine, or y kind of dissed or unwhole-
v as defined in this chapter, shall be imprisoned not exceeding one
r, or be fined not exceeding four hdred dollar.
Every peson offering or exposing for sale any drug or aricle
of food within the of this chapter, shall furnish to any aalyst, or ther
ofer duly appointed for the purpose, who shall apply to him for the same and
r hi its value in m y, a sample u iet for the purp of the analyss of
such drug or article of food.
6 Deiandsfor iAny p who has reaso to doubt the purity o
nuine s of any article of food whi he has purchasedo may send at his own
364 FOODS AND FOOD CONTROL.
expense a seled sample of it to the state board of health for inspection. If up
examination the article appears to be adulterated, the board may obtain a certi
sample of it, and should this sample prove to be adul
proceedings at once against the vendor.
SEc. 7. Penalty for hindering enforcement of law. Whoever hinders, obstructs, or
any way interferes with any inspector, analyst, or other
in he performance of his duty, shall be fined not
offense, and one hundred dollars for each subseque
SEc. 8. Duplicate samples. Before commencing the analysis of a sample, the anal
shall reserve a portion, which shall be sealed; and in
ment, part of the reserved porton of the sample all to be
application, be delivered to the defendant or his attorney, to the
of the state board of health.
SE. 9. Enforcement. The state board of health shall pt uch
may deem necessary to facilitate the enforcement of this
ing and examining of drugs and foods, articles of ot
anything containing poisonous pigments or substances w
person may be injured.
SEc. 10. Liquor adulteration. Whoever adulterates, for the of
liquor used or intended for drink, with cocculus indicus, grains of
opium, alum, capsicum, copperas, laurel-water, logwood, wood,
sugar of lead, or any other sbstance which is poisonous or ous to
knowingly sells any such liquor so adulterated, shall be fined not
thousand dollars, or be imprisoned not exceeding one year.
SEC 11. Slaughter of les. Whoever kills, or causes to be killed, fr the
of sale, a calf less than four weeks old, or knowingly sells, or has in
intent to sell, for food, the meat of any such calf, shall be not exceeding
dollars, or be imprisoned not exceeding thirty days, or both.
SEc. 12. Meat. Any meat, unwholesome provisions or sold,
offered for sale, and any articles adulterated, in violation of any of the
sections, shall be forfeited.
SEc. 13. Drug records. Every apothecary, druggist, or other who
arsenic, corrosive sublimate, nux vomica, strychnine, or p acid, shall
record of such sale in a book kept for that purpose, specifng the kind and q
of the article sold, and the when, and the nae of he to whom
sale is made, which record shall be open to all persons who may wish to
SE. 14. Penalty. Any person who shall violate the provisi of the
section shall be fined not exceeding one hndred dollars.
SEc 15. Phycias exempt. The two preceding sections sall not apply to p
cians, in their prescriptions or their recipes to their patients.
Public Statutes and Session Laws, 1901, ch. 289, p. 814.
SEc. 17. I j riou" adulteration. It shall not be lawful
1. To sell or expose for sale, or to have on he premises where liquor s sold,
liquor which is adulterated with any deleterious drug, substance or liq
poisonous or injurious to the health
SEc. 21. pection athority; sampling and analysi; penaie. Any commission
police officer, constable, special agent, selectman or sheriff may at any time ent
upon the premises of a person who is licensed under the provisions of this act,
ascertain the manner in which such person conduct his b
order. Such oficers may at any time take sample for analysis of any lior ke
NEW HAMPS 365
the ve containing such samples shall be sealed on the
premised sall remain so sealed until presented to the state labo-
or analysis. T city or town in which such vendor resides shall
pay for the samples so taken, if such liquor is found to be of good quality and free
feIf, however, such liquor shal prove to be adulterated with any
substance or liquid which isonous or injurious t the health,
or if ch liquor prove to be other than it purports to be, the licensee shall be fined
dollars, shall forfeit his license and his bond thereon, and such license
be renewed for at least three years fro the date of its forfeiture.
sof 1903 [portion of the act to regulate traffic in intoxicating liquor], ch. 95,
7. Analysis of liquors kept by agents; penalty if impure. The selectmen and
mayo all, from time to time, cause sampl of the liquor kept by their agents to
ben zed, and if found to be impure shall cause the agent who is responsible for
or offering for sale such liquors, to be prosecuted; and if he is found guilty,
be f fifty dollars, or imprisoned three months, or both; and the expense
analysis shall be added to the cost now allowed to be taxed in criminal
11. of agents' sas; penalty. If any agent shal adulterate any
Sor malt liquors which he may keep for sale, or knowingly purchase any
liquors, or shall buy any spirituous or malt liquors of any other person than
the person so appointed by the governor, or of the county commissioners in cases
authori by law, or charge a higher price than that fixed by the selectmen or
or shall sell any liquor on his own account, e shall forfeit fifty dollars or
S dollars, or be imprisoned ninety days, or both.
L sof 1899, ch. 71; Public Statutes and Session aws 1901, ch. 112, pp. 349-350
1. Addition of injuriousingredients. o person sall by himself, his ervat
or ,t, or as the servant or agent of any other person or forporation, maufacture
or knowingly sell or offer to sell, any candy adulterated by the admixture
ofralba, barytes, talc, or any other mineral substance, by oisonous colors or
avors, or other ingredients deleterious or detrimental to health.
c. 2. Penalty. Whoever violates any of the provisions of this act shall punished
Sa fine not exceeding one hundred dollar ($100) nor less than ifty dollar (50).
The tandy so adulterated shall be foeited and destroyed under dition of the
S D f p ung s. It is herby made the duty of the prosecuting
attorneys of this state to appear for the people and to attend to the prosec tion of all
compnts under thi act in all the court in their respective unties.
Public Statutes and ion aws, 1901, ch. p. 816.
DAIRY PRODU CTS.
S1. pctio of milk in charge of city board of ea. The of health of
cies sall in charge of the inspection of milk, skim-milk, and cream, and may
one or more persons as their agents or that purps who shall act undr
their direction in their respective pes, and who may be removed by them at any
time. The compensationto such agentsshall be fixed by said boardof health, but
no milk inspector shall be paid for his services unless he i a registered h it or is
the rof a certifi from the su printendent of the dairy department ofthe
10943-No. 69, t 4-06-7I
366 FOODS AND FOOD CONTROL.
New Hampshire College of Agriculture and the Mechanic Arts showing the said
holder to be qualified to perform such work.-As amended arch
1901, ch. 107, p. 607.
SE. 2. Appointment of milk inspectors. The selectmen of to
appoint one or more persons to be inspectors of milk, skim-milk, ,
the same provisions and conditio as agents are appointed by of hlth.-
As amended March 22, 1901, Laws of 1901, ch. 107, p. 607.
SEc. ilk licenses. The oards of health of cities and the selto may
grant to any person who applies therefor and pays the sum of t a
to sell milk, skim-milk, and cream within their city or town, until t first dy of
June next following, and may renew such license annually in the month of M
upon application and the payment of a like fee, providing said applicant will
said boards of health or selectmen that he understands th care and handling of id
product, and files the name and address of all his producers, and gives reasonable
assurance that the cows from which the milk is taken are healthy, and ar properly fed
and cared for. The license and its renewal shall state the name of the party to
whom granted, his residence, place of business, the names of all persons employed
by him in carrying on the business, the number of carriages or other vehicles used,
the name of the town for which it is granted, and the number of te license. It
shall not be transferable, and may be revoked at any time for cause. The person to
whom any license is granted shall cause his name, place of business, and the number
of his license to be legibly placed on the outer side of all carriages and vehicles used
in the business, and in the case of a merchant selling, or offering for sale, in a store,
booth, or market place, in a city or town in which said licenses are granted, said
license and its renewals shall be posted in a conspicuous place in said merchant's
place of business.-As amended March 22, 1901, Laws of 1901, h. 107, 607-608.
SEc. 4. ense; penalty. Whoever goes about in carriages or makes a business of
selling milk, skim-milk or cream, in any such city or town, or offering or sale, or
having in his possession with intent to sell, milk, skim-milk, or cream, unless a
license has first been obtained as provided in the preceding sections, shall b fined
not more than ten dollars for the first offense; and for any subsequent o he
shall be fined fifty dollars, or be imprisoned not more than sixty days, or bot
provided however, that any person selling only the product of his own cows shall b
exempt from paying any fee for such license.-As amended March 1901, Law of
1901, ch. 107, p. 608, and as further amended March 24, 1903, ch. 83, p. 72.
SEc Licenses for ilk sold in stores, etc. Every person selling milk, skim-milk,
or cream, or offering such for sale in a store, booth, or market place in a city or
town in which licenses are granted, shall procure a license as provided in section
Any person so selling or offering for sale, who neglects to comply with this section,
shall be punished as provided in section 4.-As amendedarch Laws of 1901,
ch. 107, p. 608.
SEi. pecti, sampling and tests. The boards of health of cities, and their
agents, the selectmen of towns and the inspectors appointed by em, may enter
places where milk, skim-milk, or cream are stored or kept for sale, and into and
upon carriages ued for the conveyance thereof, and may take such samples of milk,
ki-milk, or cream they may deem necessary, upon payment of the current
price therefor, and may examine the milk, ski-milk, or crea there found, and, f
requested, shall leave a sample of the same product, ecurely sealed, with the
from whom said sample was taken, and if they have reason to believe that any
milk, skim-milk, or cream is adulterated they shall cause specimens ther to be
analyzed or otherwise tisfactorily tested, and shall make a record of the t of
the analysis or test.-As ameded March 22, 1901, Laws of 1901, ch. 107, p.
c. 7. ecor of liees. They shall make a record of all lic gra a
renewed by them, which, toether with all reistries made with them, s be