O AJO 4
U. S. DEPARTMENT OF AGRICULTURE,
BURU OF CHEMISTRY-BULLTIN No. 69 (Revised), PART V.
H. W. WILEY, Chief.
DS AND FOOD CONTROL.
-MVISED TO JarLY 1, 1905.
V. LAWS OF NEW JERSEY, NEW MEXICO, NEW YORK,
NORTH CAROLINA, AND NORTH DAKOTA.
By W. D. BIGELOW,
CHIEF, DIVISON OF FOODS.
GOVERNMENT P1RINTING OFFICE.
LETTER OF TRANSMITTAL.
U. S. DEPARTMENT OF AGRICULTURE
BUREAU OF CHEMISTRY,
lfidsTington, D. C., Octob4er 20, 1995.
SIR: I have the honor to submit for yourapproval a compilation of
the food laws of New Jersey, New Mexico, New York, North Caro-
lina, and North Dakota, revised to July 1, 195. I recommend that
this manuscript be published as Bulletin No. 69, Revised, Part V, of
the Bureau of Chemistry.
Respectfully, H. W. WILEY,
Hon. JAMES WILSON,
Scretary of Agriculture.
o/ ';;""'"" ;;
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s~lii sU1~ ~~111l~l ~ iui;;i *
New Jersey............... .............................. 373
Genealfood ws --................................ .............. 373
Alcoholic beverag ...e---.......-.....................-- ...--......380
S(bakeries, confectioneries, etc.)................................. 380
Dairy products-.--------.-------.....--..........-- .........--...........--.. 384
ourand meal ------------.--------------------------------- 392
ha. .--.---------.. ---.............-----....-.....-..--.........395
Vineg- .---------------w------.-.--------........ --------w 400
Water and ice ....................................................... 403
New Mexic-----------------------...........---------...............-...---------.........--.......------.... 408
General food ws...........--- --...... ... -------..--.--........ 408
Alcoholic beverages........... ..... ........----------------------... 410
New or -- .....-- .....------------..------------...........-- .....---..- 411
General food laws..............................---- --------............. 411
Alcoholic beverages ...------------..---.....---.......------------.......---.... 417
.ead ......... ...... ....................... ....................... 419
Caned goo&-............-............................................. 420
negoodsr-.....---- -------..------------.------.------.------..-. 420
Confectionery------------------------------------ --- ------------ 420
ry products ..................................................... 40
Evaporated apples---....................----------............................... 428
Flo ---------.................-----................... ................ ... 428
Honey ........................--. ................................ 429
Maple products....................-....... .... ................ 430
Meat---- --------------...--...-..-..---... -------- -----.. .........--- 431
Vin .r--------... ---.------ ------------------------4-- 33
Vinegar ............................................................ 433
Water------------------------ -------.........----........-- .....----433
Rules and regulations of the State board of health ...................... 434
North Carolina --- ------ ------------------------------.......... -......... 436
General food laws................................................... 436
Alcoholic beverages .......--....................- -................... 439
Corn meal........................................................... 440
M eat......-................. .....................-.................. 441
Geneal I law ................. ...... I I ....* I ....... -I I 44
Candy ............................................................... 448
i ryproducts................................................. ... 448
M eat ............... i I .. i .L . . . I .......... w ........... ... i 4 53
umary of pure fo la .............. ......... ..... ............... 4
Rulings.......................... --.. -.................-.. ...--...... 4
Digitized by the Internet Archiv
in 2013 *
http://arch ive.og/details/food o igeii i
Revised to July 1, 1905.
V. Las of New Jersey, Ne.w Mexico, New York, North Carolina, and
Prvious to 1901 the food laws of New Jersey were administered by
the d y commissioner. In the year mentioned the former laws were
ad and new food laws enacted, the administration of which was
d duty of the board of health.
GENERAL FOOD LAWS.
(1) pector appointed y governor. The governor shall have power to license,
rms as he may deem expedient (and may revoke such licenses), suitable
persons as inspectors of beef, pork, flour, grain, tobacco, spirits, oils, and all kinds
dise, on the wharves, docks and piers, stores and warehouses of this state,
Sorder to give a marketable character to the articles so i cted, the insct-
o so ppointed may use d affix the same marks of inspection as are used in the
of New Jersey or in the city of New York.
(2) Fee; exeptions That the inspectors may charge the same fees as are
nw c d in New York; the said merchandise while the same is in bulk on the
wharves ocks, piers, stores and warehouses for exportation or importation shall
ted from the attachment laws of the state of New Jersey.
Approved March 27, 1866. Public Laws 1866, p. 704; General Statutes 1895,
vol. 2, p. 1742.
8u. 1. Foodan dg defined. The ter food" as use in this act shal include
eve article used for food or drink by ma, and every ingredient in such article,
Sall confectionery and condiment; an t he term "drug" s used in this act shal
inclu every article of icine for internal or extrnal use, and every ingredient in
su article-A amendd April 1;, 195, Acto of n105, eh. 1., pp. 245.
2D ti of impure drug. The following drugs shall e demed to be
within the meaning of this act: (1) any drug which, beg known under or
by a name rec zed in the la revised Unite Stat parmaop ,
, quality, or d e of purity inferior to or diferent from tat laid down in
such revised parmaopoeia; (2) any drug which, not being known under or by a
name recognize in the last revised United States Parac ia, but which is found
n some oter pharacopoia or in soe other standard work on materia mea,
374 FOODSAD FOOD CONTROL.
pa strength, quality or degree of purity inferior to or different from that laid
down in such other pharmacopoeia or standar'd work;
strength, quality, or degree of purit falls below the pro which
it is sold.-As a ed rch 9,1904, Las of 1904, 171,
SEc. 3. pre foods deed. The following foods shall be impure
within the meaning of this act: (1) any food which is or iju-
rious to health, or whose quality, strength or degree of py reduced,
lowered or affected by adding thereto or mixing therewith or
substances; (2) any food for any of whose constituents
any substance or substances inferior to or cheaper than the natu ly or
customarily composing such food or any part thereof; (3) any which has
been wholly or partially abstracted any valuable or nens n () any
food which conists wholly or in part of d t
tainted or rotten animal or vegetable substance, whether or not, and
(5) in the case of milk, if it contains more than ighty-eight of watery
fluids or less than twelve per centu of milk solids, or if any g, chemi
preervative or other substance be added thereto or mixed and () in the
case of cream, if it contain less than sixteen per centum of bu at, or if any pack-
age containing cream having less than sixteen per centum of at is not plainly
and legibly so marked, or if any water, drug, chemical, or
stane be added thereto or mixed therewith no person il or aid in killing
for human food, any calf less than three weeks old, or sell or for e, or have
in possession with intent to sell, for human food, any such lf or any of the meat
thereof.-As mended April 1, 1905, Acts of 1905, ch. 1, .
SEC. 4. le of pure food and drugs. No person shall distribute or sell, or have
in his possession with intent to distribute or sell, any article of food or d which,
under any of the provisions of this act, is or shall be deemed to be impure.
SEC. 5. ale of itatios. No person shall distribute or sell, or offer to distribute
or sell, any article of food or any drug which is an imitation of other article of
food or of some other drug under or by the name of the of food or d imi-
tated, but the same shall be distributed and sold, or offered for or sale,
only by the true name of the imitation.
SE. 6. loring, etc., to hide defects. No person shall distribute or sell, or for
distribution or sale, or have in his possession with intent to or sell, y
article of food which shall have been colored, coated, polished, powdered or treated
in such maner as to conceal any element of injury or d n n fe-
riority of quality thereof.
SEC. 11. Powers rested in Sate board of health. The state brd of health shall
have the power from time o time to adopt, promulgate and pu by cular or
otherwise, such geeral rules and regulations for the govof the analysts,
chemists, chief inspector and such other inspectors and employee appointed by the
said ard as they may deem proper; they shall also have the to give to a
analysts, cheists or chief ispector, or other inspector or emby the
board, such orders concering any performance of duty as they from time to time
may deem proper, they shall also have the power fro time to time to appoint such
analysts, chemists, chief inspectr and other inspectors and t
dem proper, who shall hold their respective positions d
board and perform such geeral or special services as said bo by
rules and regulatio or by their special orders require, d to l to
analysts, ch it, chief ispector and other nspectors and
such salaries, fees or compenation as the said board shall d t
which salaries, fee and conensation sh all be paid out of te r
tie to time made by the egilature for carying out te p
aid ard shall have the power, and it shall be their duty,
NEW JERSEY. 375
inspector and other inspectors and employes and in sch other ways
board may deem practicable, to make inquiries and investigations con-
or probable violations of any of the provisions of this act, to cau
Spersons guilty of any violation thereof to be prosecuted under the pro-
his act, and, generally, to adopt, carry out and enforce such rules and
as sall promote the purposes of this act.
S pling, especially of ilk. Every person who shall distribute or sell, or
o o bution or sae, or have in his possession with intet to distribut or sell,
of food or drug on the request therefor and the tender of the value
f by chief or other inspector appointed under the authority of this act,
tsuch chief or other inspector so much of any such article of food or drug as
or other inspector may request. If such requet shall not be immediately
g sd chief or other inspector shall thereupon have power to demand and
takes mch of any such articleof food or drug as such chief or other inspector may
tnproper, he, at the time of said demand and taking, tendering to the person in
of such article of food or drug what he may deem to be the reasonable value
; said chief or other inspector shall, at the time of the delivery to him of such
artic of food or drug, or of his demanding and taking the same, divide the sample
soeor demanded and taken, in the presence of one or more witnesses, into
and shall duly seal each part in a suitable can, vessel or package, and, at
of taking such sample, shall tender, and if acepte, shall deliver one part
personf whom therequest or demand was made, with a statement, in writing,
by said chief or other inspector, that such sample is taken for the purpose of
and in any prosecution of any person for the violation of any provision of
this cor of any other statute of this state relative to the prevention of deception in
of food products, no proof of any analysis thereof shall be given in evidence
by the proutor unless a part of the sample shall have been seal up and tendered,
wi u writing as aforesaid, to the person of whom the request or demand was
mae; the chief and every other inspector appointed under the authority of this act,
whenev he has reason to believe that an of the provisions of this act concerning
e sale or distribution of milk, or the offering or exposing of milk for sale, or the
havin milk in po on for the purpose of sale, is being violated, shall have power
to any can, vessel or package containing such suspecte milk, whether the can,
or package be sealed or locked or not, and whether it be in transit or not; and
pon inspect, he shall believe that such milk is being distributed or sold, or
in on with intent to distribute or sell, or offered or exposed for le, con-
to any of the provision of this act, he may, in the presence of one or more
take a sample thereof and seal it in a an, vessel or package, and send the
sa ethus enclosed and sealed for analysis to any chemist appointle under the
thty of his act; he may also in any such case condemn such milk and pour it
the ground.-As aended Apl 4, 19, L s of 19I chl. 18, pp. ~5O.
1. nay. very person who shall violate any of the provisions of this at,
Severy personwho shall obstruct or in anywise interfere with any analysts, hean-
Sinspector or other inspetor or employe of the state rd of health in the
Sof any dut under this act, shall be liable to a penalty of fifty dollars;
ho that if any rson charged with the violation of any of the provi-
Sof this act concerning impure foods or impure drugs sall prove at the hearing
or i of the complaint that the article allegd to be impur was produced under a
warty from any person or persons residi w this tat, in the form heein-
set forth, that said article was pure within the ing of this act, and prior
to theheari ortralallhaveiled in the districtcourt, or with he jutieof the
peace, police justice or reeorder, before whom the case is prosecuted, and with the
of the proecutor of the cse, a copy of such warranty, he pers so cf-
hall be schad fm proecutio; the warra t stify such
376 FOODS AND FOOD cONTROL.
discharge shall specifically name and describe the article or
shall be of the folowing form, to wit: "It is hereby wa
described article or articles, to wit, are pure and
meaning of the act of the legislature of the state of New J
secure the purity of foods, beverages, confectionery, condiments, and
and to prevent deception in the distribuion and sales th approved
day of A. D. ineteen hundred and one;" every such
by the warrantor, but no warranty shall be a defense if thei it s
have been notified, prior to the sale complained of, that the article or articles men-
tioned in it were impure within the meaning of this act.
SEc. 14. Proecuion. Every district court and every justice of theit
or county, and every police justice or recorder in any cit, is
complaint under oath or affirmation made according to law that any or per
sonshas or have violated any of the provisions of thisact,to procesin the
name of the board of health of the state of New Jersey, as prosecutor, for the use
of the state of New Jersey, or in the name of any local board of health of the town
ship, city, borough, town or other municipal government within whose limits the
penalty may have been incurred, as prosecutor, for the use of such township, city
borough, town or other local municipal government; said oath or affi if
made by any member, inspector or other officer of the state board of health, or o
any local board of health, may be upon information or belief; aid proces shall be
in the nature of either a summons or warrant against the person or persons so charged;
when in the nature of a warrant, it shall be returnable forthwith, but before any
warrant shall issue out of any district court the judge thereof shall endorse upon the
complaint an order in the following or similar words, "let the warrant isue in this
cse," to which said judge shall sign his name; and when in thenatureof asummons,
it shall be returnable in not less than one nor more than ten entire days; h p
shall state what section of the law is alleged to have been violated by the defendant or
defendants; and on the return thereof, or at any time to which the trial shall have
been adjourned, the said district court, justice of the peace, police justice or recorder,
if no jury be demanded in accordance with the provisions of the next succeeding
section, shall proceed to hear the testimony, and to determine and give judgment in
the matter, without the filing of any pleadings, either for the prosecutor for the
recovery of such penalty with costs, or for the defendant or defndant; if such judg-
ment be for the proecutor as aforesaid, it shall be in the following or similar form:
"State of New Jersey, county of ss: Be it remered that this day
of in the year of our Lord nineteen hundred at in said county,
C. D., defendant, was, by the district court of the city of T. (or, by e E. F., jus-
tice of the peace, police justice or recorder of the city of or as the ase may
be) convicted of violating the section of the act of the legislature of New
Jersey entitled 'An act to secure the purity of foods, everages, con
ments, drugs and medicines, and to prevent deception in the distribution and
thereof,' approved the day of A. D. nineteen hundred in a sum-
mary proceeding, at the suit of the board of health of the state of New Jersey (or, of
the local board of health of the township of A., or as the semay be), as tor;
and further that the witnesses in aid proceeding who testified for the prosecutor were
(name them); and the witnesses wh testified for the defedat were (name them);
wherefore the said court (or justice of the peace, police justice or recorder, as the
may be) doth hereby give judgment that the prosecutor recover of the def
ifty dollars penalty and dollars cost of this proceeding, and that execution do
isue against the goods and chattels of said defendant for the amount of said penalty
and costs, and for want of fficient goods and cattel, whereon to and make
the ame, to take the body of the defendant and convey him to th l f
the county and deliver him to the er thereof to be there
ni1" 111,llll~l s11 | *5!i i i fii
EW JERSEY. 377
y and costs be fully paid, or until he be thence delivered by due course of
;" said judgment shallbesigned by the judge of the district court, justice of the
ejustice or recorder giving the same.
al. Either party to any proceeding instituted under the provisions of
at any time previous to the hearing of the complaint in such proceeding
mand a trial byjury, and if a jury is demande a venire shall be issued to summon
e men, beig citizens of this state above the age of twenty-one years and
of sixty-five years, and in no wise akin to the defendant or defendants,
in the proceeding, to be and appear before the district court, jtice of the
ace, police justice or recorder issuing the venire, at such time and place as shall be
therein, to make a jury for the tril of the matter mentioned therein; and
Sconstable or sergeant-at-arms shall, at the return of the said venire, return,
a panel containing the names of the jurors whom he shall have
Sby virtue thereof; and if, on the return of the venire, it shall appear that
more of the jurors are disqualifi to serve, or do not appear, then it shall be
r the constable or sergeant-at-arms who served the same, by order of the
of the peace, police justice, or recorder before whom the trial is to be
ly to summon others who shall serve in their stead; such jury, hav-
fit duly sworn or affirmed according to law, with the court, justice of the
plice justice or recorder before whom the trial is to be had, shall thereupon
oceed to hear the testimony, the jury rendering their verdict upon the facts, and
Scourt, justice of the peace, police justice or recorder deciding upon all questions
f the jury find the defendant or defendants guilty, the court, jice of
police justice or recorder shall give judgment in the matter, without the
ing of any ple s, for tthe recovery of said penalty with
Sthe jury find the defendant or defendants not guilty, the judgment shall be
or suh defendant or defendants; if judgment be given for the prosecutor
it shall be in the following or similar form: "State of New Jersey,
unty s: Be it remembered that on this day of in the year of
nineteen hundred and at in said county, C. D., defendnt,
a jury duly summoned before the district curt of the city of T. (or, before
justice of the peace, police justice or recorder of the city of or, as,
may e) convicted of violating the section of the act of the egisla-
the state of New Jersey entitled 'An act to secure the purity of foos, bver-
confectionery, condiments, drugs and medicines, and to prevent deception in
bution and sales thereof,' approved th day of A. I). nine-
and in a summary proceeding, at the suit of the oard of
of the state of New Jersey (or, of the local ard of health of the township
A., or as te se may be) as prosecutor; and further, that the witne~es in said
o nwho testified for the prosecutor were (nae them), and the witnee
o ttified for the defendant were (name them); wherfore, the said court (or,
of the police justice or recorder, as the se may be) doth hereby give
t that the prosecutor recover of the defendant ifty dollars penalty and
costs of this proceeding, an that execution do isue ainst the gos ad
attesof said defendant for the amount of said nalty and cost, an for want of
ods and chattels wheron to levy and ake the sae, to take the y
e d at and convey him to the co on jail of the county deliver him
the keep thereof to be there confined until the said penalty an cost be fully
or unl he be thence delivered by due cours of law;" said j udgent shall be
ed by the j of the ditrict court, justice of the peace, lice justice or
16. ea If either the seutor or the defendant or defedant e d
with y jud nt givn undr the pro of eit he furtent or te
teenth section of this act, the dissatisfied party may appeal to the court of common
378 FOODS AND FOOD OONTROL.
pleas of the county in which the judgment appealed from
which appeal shall be taken by fiingwith a withthecourt, justiceof the peace or
recorder who gave the judgment, a notice of such d
party, or his, her or their agent; provided, hover, that no appeal shall be to
or taken by any defendant from any judgment against such de ant unless,
said notice of appeal, such defendant shall also file a bond, with at one
surety to be approved by the court, justice of the peace or who shall have
given the judgment, in double the amount of the judgment, and di ed that
appellant or appellants shall appear and prosecute the appeal in said of common
pleas, shall stand to and abide the judgment of said court of c n p a
pay such costs as shall be taxed against the appellant or appella if the judg
appealed from be affirmed; the court, justice of the peace or recorder who have
given the judgment appealed from shall send a transcript of the proceedings and
judgment and said notice of appeal, together with any bond that may have filed
under the provisions of this section above contained, to the erk of the court of com-
mon pleas to which the appeal is taken on or before the first day of the term of said
court next ensuing such appeal; in any case of appeal by a def t i
shall have been issued, the court of common pleas to which the appeal is taken, upon
receiving satisfactory proof that the notice of appeal above mentioned has
with the court, justice of the peace or recorder who gave the j ent and
filing with the clerk of the court of common pleas to which the appeal is taken,
bond as aforesaid, to be approved by said court of comon pleas, may stay the ex
cution until the further order of said last-mentioned court, a rle to which
shall be entered in the minutes of the said last-mentioned court and a copy thereof,
certified by the clerk of said last-mentioned court, shall be servd on the constable
in whose hands the execution may be; the proceedings for bri on he hearing
of such appeal, and for conducting such hearing, shall be the same as in the of
the trial of causes on appeal to the court of common pleas under the provisions of the
act entitled "An act constituting courts for the trial of all approved the
twenty-seventh day of March, in the year one thousand eight hundred and seventy-
four, and the acts supplementary thereto and amendatory theref.-s am
April 4, 1902, Laws of 1902, ch. 183, pp. 580-582
SEc. 17. Executio. In case judgment as aforesaid shall be rendered any
defendant, in any such proceedings as aforesaid, execution shall thereupon be gnted
by the court, justice of the peace, police justice or recorder giving the
commanding the officer to whom the execution is delivered to levy and make the
amount of the penalty and costs imposed by the judgment out of the goods and ha
tels of the defendant, and for want of sufficient goods and chat whereon to
and make the same, to take the body of the defendant ad convey him to the com-
mon jail of the county and deliver him to the keeper thereof, to be there confined
until the said penalty and costs be fully paid, or until he be thence delivered by due
course of law.
SEc. 18. Penalty. The officers to serve and execute any process or execution
as aforeaid shall be the constable of the county, and within the jurdiction of any
district court shall include the sergeant-at-arms thereof, which
shall in all cases be made in thesae manner and under the same ab
other p and executions issued out of the district court of this te served
and executed under and by virtue of the provisions of the act enti "An act con-
ing district courts," approved June fourtenth, in the year e
and ninety-eight; the costs taxable and recoverable in any cse p as
aid shall be the costs allowed by the act last above mentioned in es in
district courts; the penalty recoverable in any such action shall be to
a So in Statutes.
EW JERSEY. 379
who shall pay theme into the treasuryof this state hen such
i the tate board of hlth, and when the prosecutor is a local board of
local board shall pay the penalty into the treasury of the township, city,
town or other local municipal government within which such local board
; the judge of the district court, justice of the peace, police justice or
whom any case is prosecuted under the provisions of this act may
hearing thereof from time to time, not exceeding thirty days from the
of the summons or warrant; and in any case where a warrant shall have
may require the defendant to enter into a bond with sufficient surety to
n the penal sum of two hundred dollars, conditioned to appear at the
Sa p of the hearing or trial, and in default of such bond may commit the
to he common jail of the county to be there detained until the hearing
of the complaint; and if any defendant shall fail to appear at the time and
platwhich the hearing or trial shall beso adjourned, the bond shall be delivered
t tor, who may sue thereon, and all moneys recovered in such suit shall
by he prosecutor into the same treasury into which it is above required to
ty recovered from any defendant for violation of any of the provisions
of this act.
C. Flbe wrranty. Any person who shall give or utter any false warranty
Sprescribed in the fifteenth section of this act, shall be guilty of a misde-
d, on conviction thereof, shall be punished by a fine of not more than
i dollars, or imprisonment at hard labor for not more than one year,
tion of the court.
A expenditure. The state board of health may expend annually for
oof carrying out the provisions of this act a sum not exceeding fifteen
d which sum shall be paid by the treaurer of this state upon the
of the comptroller; prded, hoever, that an appropriation therefor shall
S be m by the legislature; and should this act go into effect the sum appro-
o the use of the dairy commissioner shall be placed to the account of the
state board of health.
Sacts repealed. The following acts are hereby repealed: "An act to
p cbutter and cheese manufacturers," approved March twenty-third, eighteen
and sixty-five; "An act relative to the dairy comissioner," approved June
th, eighteen hundred and ninety-five; "An act to prevent the adulteration
Sto rulate the sale of milk," approved March fourteenth, eighteen hundd and
eighty-oand all acts supplementary thereto and amendatory theref; "An act to
p the adulteration of food or drugs," apprved March twenty-fifth, eighteen
hundred and eighty-one, and all acts supplementary thereto and amendatory thereof;
"An ac to prevent the adulteration of candy," approve March fourteenth, eihteen
hund and ninety-five; and "An act to prevent deception in the sle of cakes and
bis:it and to preserve the public health," aproved March twenty-second, eighteen
d ninety-five, and all other acts and parts of acts inconsistent with this act.
ect. This act shall take effect on the firs day of Novembr, in the
year nineteen hundred and one.
Mar 21, 1901. Acts of 191, ch. 85, p. 186.
8a 1. iipal iwpcor. The board of health of any municipality in this state
shal ve the p r to designate fram among it sanitary inspector one or more
nwho sh be known as inspector inspectors of foods and drugs of such
muni and whose duties shall be. esides the usual duti- of a sanitary
i r n suh municipality, to aid in the enforcement of the act to which this is
S l t and who shall have all the powers authority given or to e given
380 FOODB AND FOOD CO OL
by said at or the acts supplementary thereto or amendatory thereof to any inspector
Approved March 30, 1904. Laws of 1904, ch. 211, p. 374 (supplement to aof
March 21, 1901, ch. 85).
SEC. 6. Standardizing of foods and drugs. The State board of shall,
time to time, have power to fix the limis of variability in any le o
food or drug, the standard of which is not fixed in any law f
SE. 7. ffect. This act shall take effect immediately.
Approved April 4, 1902. Session Laws 1902, ch. 18 (supplement to of
21, 1901, ch. 85).
297. (1.) Adulteration of distilled liquors or wines prohibited; penalty. If any person
or persons shall manufacture or import already manufactured, or or sell, or keep
in his possession for barter or sale, any rum, brandy, wine or spirits of any kind, o
any other liquid of which distilled spirits shall form a component part, to be
as a beverage, that shall be adulterated or manufactured with spurious or poisonous
ingredients of any description, the person or persons so offending shall be adj
guilty of a misdemeanor, and on conviction shall be punished by a fine not exceed-
ing one thousnd dollars, or imprisonment at hard labor for any term not
two years, or both, at the discretion of the court.
298. (2.) Adulteration of malt liquors prohibited; penalty. If any person or
shall adulterate, mix, compound or poison any malt liquors, with intent to barter or
sell the same, or to mix, compound or poison any malt, or vinous or spirituous
liquors, the one with the other, or in any way whatever, or give barter, or sell the
same, with intent to make greater profit, or with intent to produce intoxication or
stupefaction, every person or persons so offending shall be adjudged guilty of a mis-
demeanor, and on conviction shall be punished by fine ot exceeding five hundred
dollars, or imprisonment at hard labor for any term not exeding one year, or both,
at the discretion of the court.
Approved April 6, 1871. General Statutes 1895, vol 1, pp. 1104-1105.
BREAD (BAKERIES, CONFECTIONERIES, ETC.).
SEc. 1. Length of working day; employees as witnesses. No employee shall be
required, permitted or suffered to work in a biscuit, bread or cake bakery, or con-
fectionery establishment more than sixty hours in any one week, or more than ten
hours in any one day, unless for the purpose of making a shorter workday on he
lat day of the week, nor more hours in any one week thn will make an average of
ten hours per day for the whole number of days in which such shall so work
during such week; but it shall be lawful in cases of emergency for employers to per-
mit any employee and for the latter to work an additional time not exceeding two
hours per ay, such extra work to be remunerated at the current te of the weekly
wages paid to such employe for his weekly work of sixty hours; no employee in
any biscuit, bread or cake bakery shall be discharged by his e loyer for having
made any truthful statement a witness in a court or to the for a
deputy factor inspector, in pursuance of this act
SEc. 2. Pluming and entilation. All buildings or rooms, occupied a
or cake bakeries, shall be drained and plumbed in a manner to conduce to the
and healthful sanitary condition thereof, and constructed with air
or ventilating pipes sufficient to insure ventilation, the factory in or any of
his uti shall direct; no cellar or basement not now occuied a
W JERSEY. 381
and used as a bakery, and a cellar bakery heretofore occupied,
shall not be re-opened, unles the proprietor shall have previously
complied with the provisions of this act.
and care of bakeries, storehouses andfactoies for eal products, etc.
Every room used for the manufacture of flour or meal food products shall be at least
Sht, and shall have, if required by the factory inspector or a deputy
r,an impermeable floor, constructed of wood properly saturated with
; the side-walls of such rooms shall be plastered or wainscoted, except
where brick walls are shown, and, if required by the factory inspector, or a deputy
r r, shall be whitewashed at least once in three months; the furniture
in such roomshallbe so arranged that the furniture and floor may at
be kept in a proper and healthful, sanitary and clean condition; no domes-
except cats, shall be allowed to remain in a room used as a biscuit, bread
bakery, or for e storage of flour or meal food products.-As amended March
Laws of 190, ch. 64, p. 98.
4. orage of flor of meal products. The manufactured flour of meal products
lbe kept in perfectly dry and airy rooms, so arranged that the floors, shelves
all other facilities for storing the same can be eaily and perfectly cleaned.
Washrooms, etc., in baeries. Every such Bakery shall be provided with a
pp wash-room and water-closet or closets, apart from the bake-room or rooms
the manufacturing of such food products is conducted; and no water-closet,
t or privy shall be within or communicate directly with the bake-room of
any bakery, hotel or public restaurant.
roomin bakeries. The sleeping places for the persons employed in
shall be kept separate from the room or rooms where flour or meal food
are manufactured or stored, and the factory inspector or a deputy fctory
may inspect such sleeping places, if they are on the same premises as the
Sand order them cleaned or changed in compliance with sanitary principles.
7. Penalty. Any owner or proprietor of the business of any biscuit, bread or
who shall violate any provision of sections one or ten of this act, or any act
ry hereof or supplementary hereto, or shall refuse or omit to comply with
rement of the factory inspector or deputy factory inspector as herein pro-
or who shall, for thirty days after receiving notice in writing from any person
requiring compliance with the provisions of this act, refuse or omit to
with the provision of sections two, three, four, five or six of this act, shall
and pay for the first offense a penalty of one hundred dollars, and for each
eoffense a penalty of two hundred and fifty dollars.-As amended arch
S1903, Laws of 1903, ch. 64, pp. 98-99.
SEforcement byfactor iector and deputy. The factory inspector, and the
deputy factory inspectors within their respective districts, shall require and enforce
Swith all the provisions of this act, and for that purpose it shall be the
of the factory inspector to personally visit and inspect all biscuit, bread and
cake bakiand rooms or places usd for the storage of flour or meal food p ucts,
to such visit and inspection to be made by a deputy factory inspector within
district not less than once in six months; and whenever a complaint in writ-
ing, sg by any worker or employe in any such bakery, shop or ple, or by any
i or representative of any laor union in the county wherein the sane is ,lte
be received by the said factory inspector, or a depty factory inspector, ting
y provision of this act is ing vi in any bakery, shop or place therein
design it s l be the of the said factory inspector in any event, and also of
the deputy factory inspector within his own district, if such complaint is received by
to forthwith visit and nspect the akery, shop or place so ignated; every
t or nspection shall de in the presence of the the working or
o n any su bakery, shop or pae during the usual hours of employ t
382 FOODS AND FOOD CONTROL.
therein; and thereupon the said factory r, or a deputy factory in
within his own district, upon being satisfied that all the pr
of all acts amendatory hereof or supplementary hereto,
therein, may issue a certificate to the person, person or or
carrying on any such bakery, shop or place, that the isin com-
pliance with the provisions of this act, and of the act
supplementary hereto.-As amended March 24, 1903, Laws of 1903, ch. 64, p. 99.
SEc. 9. rrng of otices. Any notice given under or to this act, or any act
amendatory hereof or supplementary hereto, shall be in wri may be
upon such owner or proprietor either personally or by mail, or by lea the me at
the bakery, shop or place therein designated or referred to, during the hours of
employment therein; and the mailing of any notice, with prepaid,
to such owner or proprietor at his last-known post-office ad or to the dre
of any bakery, shop or place therein designated or referred to, shall be deemed
ficient.-As amended March 24, 1903, Laws of 1903, ch. 64, p. 100.
SE 10. Employees under eighteen years of age. No person the e of eighteen
years shall be employed, or required, permitted or suffered to work, in a biscuit,
bread or cake bakery between the hours of seven o'clock in the n and seven
o'clock in the forenoon.-Added March 4, 1903, Laws of 903, c. 64, p. 100.
SE. 11. Proseution; of fines. Any penalty incurred under or by virtue
of any provision of this act, or of any act amendatory hereof orupplementary eret
may be recovered in an action of debt in any court of law of this state having juri
diction of civil causes, to be brought by and in the name of any person or persons of
fiM1 age, or coorporation, who will bring the same, whi action may be commenced,
as in ordinary cases, by summons, which need not be endorsed asin qui tam actions
and shall be proceeded with therein, as in ordinary cases, in the court where
action is brought, and the finding or verdict shall be that the dant has or has
not (as the case may be) incurred the penalty claimed in the d dof the plaintiff,
and judgment shall be given accordingly; and in case of recovery one-half of the
amount of the judgment recovered shall belong to the person, ns or corporation
by whom the action is brought and the other half thereof shall be paid by the per-
son, persons or corporation recovering the same to the treasurer of the state of New
Jersey for the use of the state; in e execution shall be ised in such action and
returned unsatisfied, the court, on application and two days notice to the dant
or defendants, may award an execution to take the body of the defendant or d
ants, as in other cses where a capias or warrant may issue out of he court wherein
such action is brought, and thereaftr the rights, remedies and liabilities of the par-
ties, and the proceedings in the case, shall be te same, as nely as may be, as in
other actions in such cour where an execution to take the body of the defendant or
defendants has been isued.
Approved April 16, 1896. ws of 1896, ch. 181, pp. 2-28.
W E1. BakY d(ned; eparment of labor to rce law. For the purposes of this act
and the act to which it is a supplement biscuit, pies, bread, c kers, kes and con-
fet ionery shall be interpreted to be goods, and places wherein the s are made or
manufactured shll be held and considered as places where goods are manufactured;
the word bakery in this act shall include all building, rooms or places whereis-
it, pis, bread, crackers, akes and onfectionery are made or man red, and
the provisions of this act, or any supplement thereof or amendment thereto, shall be
enforced by the deartment of labor, and it shall e te duty of the officers of that
department to enforce the provisions of this t; ll suits brought for violations
of any of the provisions of this act shall be brought in the manner and under the
ame restrictions as is provide for bringing sit under the act t which this a
NEW JERSEY. 383
hors in bakerie. No employe shall be required, permitted or suf-
any bakery more than sixtyhours in any one week, or more than
one day, unless for the purpose of making a shorter workday on the
week, nor more hours in an one week than will make an average of
Sfor the whole number of days in which such employe shall so
week, but it shall be lawful, in cases of emergency, for an employer
i eploye to work an additional time, not exceeding two hours per day,
to be remunerated at the rate of weekly wages paid to such employe
of sixty hours; no employe in any bakery shall be discharged by his
having made any truthful statement as a witn in a court, or to the
t commissioner of labor, or any inspector in pursuance of this
act amendatory hereof or supplementary hereto.
mbing and ventilation. All buildings or rooms where goods are manu-
r made shall be drained and plumbed in a manner that will conduce to the
healthful sanitary condition thereof, and shall have airshaft, windows or
entilating pipes sufficient to insure ventilation; no cellar, basement, or place which
street level, shall hereafter be used and occupied as a place in which to
biscuits, pies, bread, crackers, cakes and confectionery, except where
was used for that purpose at the time of the passing of this act.
4. Cn and care of bakeries. Every room ued for a bakery shall be at
t et in height and shall have, if required by the said commissioner or
asistant commissioner, an impermeable floor, constructed of wood properly saturated
ihoil; the sidewalls of such rooms shall be plastered or wainscoted, except
walls are shown, and if required by the said commissioner or assistant
shall be whitewashed at least once in three months; the furniture and
Ssuch rooms shall be so arranged that the furniture and floor may at all
in a proper and healthful, sanitary and clean condition; the commis-
the power to order that any bakery shall be cleaned in such manner
; no domestic animal, except cats, shall be allowed to remain in a
oom used as a bakery.
of bread, cake, etc. Biscuits, pies, bread, crackers, cake and confec-
r the same are made or manufactured, shall be kept in dry and airy rooms;
s es, pans, trays and every kind of appliances used for storing the same
hall be so arranged that they can be easily and thoroughly cleaned.
Setc., in bakeries. Whoever shall conduct a place covered by the
of this act shall provide a proper washroom and water-closet or clost p-
apart from the room or rooms in which the manufacture of the goods is
on; no water-closet, earth-closet or privy shall be within or communicate
the room i w h goods covered by the provisions of this act are made
arters in bakeries. Sleeping places for persons employed in a
be kept separate from the room or rooms ue for a bakery, and the
or istant commiioner or an inspector may inspect such slping
laces, if are on the same premises as the bakery, and order them cleaned or
hanged, in compliance with sanitary principles.
S8. Eorcen by commisioner of labor. The cmmissioner o labor shall
equired to enforce compliance with all the provisions f this act, and for that pur-
be his duty to have all bakeries visite and inspete t least once in
and w er a complaint in writing, signed by any emploe in any
ch bakery or by any offier or representative of any labor union in the county
wherein the same is located, shall be received by the said comnissioner stating that
aections 27 and section are practcally dentical with se". 1- and sec. 10 of
he law of 19. See pp.380 to 382.
10944-No. 69, Pt -
384 FOODS AND FOOD ONTROL.
any provision of this act is beig vi in any
said commissioner forthwith to have the said bakery concerning which complaint i
made visited and inspected; the visits or inspections shall be made in the presence
of those then working or employed in said bakery and during the sal hours of
Suc. 9. Employees under eighteen years of age. No person under the age of eighteen
years shall be employed, allowed, permitted or required to
between the hours of seven o'clock in the afternoon and in
SEc. 10. Sering of notices All notices given under or
actsupplementary thereof or mandatory thereto, shall be in writing, signed by the
commissioner of labor, and may be served upon the owner r of
wherein such violation occued either by delivering the to him in
by sending it to him by mail at his last known postofe with
paid; if his postoffice addess is not known, then the said no may be to
the address of the bakery or place wherein such violation shall have been committed;
the notice providing for the doing of any act or the abating of anything forbidden by
this act shall fix the time within which such act shall be or
and if the order shall not be obeyed within the teherein xed the rso s i
ing to obey shall be liable to the penalty herein fixed for the on ereo
SEc. 11. Penalty. Any person violating any of the proiin of this act, or n
owner or proprietor who fails to obey any order of this act, hall be liable to
alty of fifty dollars for the first offense and one hundred dollars for each ubseque
Approved April 5, 1905. Laws of 1905, ch. 102, pp.3-206; Supplement to an
Act approved March 24, 1904.a
SEC. 1 eight of loavs; freedmfromforeign ubstances. That reafr all ra l
in this state shall be sold by weight, and the weight of all loaves of bread offered for
sale shall be specified by the baer or deer to the consumer, if id
it; all bread sold shall be free from all impure or foreign substances or any
injurious to health.
S. 2. Penalty. Any person offending against the provisions of act by
to specify the weight when so required, or by falsely specifying id
tionally or by wilfully inserting in bread made or sold by him any or
substance or material injurious to health, shall, upon conviction th be
ished by a fine not exceeding the sum of twenty-five dollars for each n
discretion of the court.
SEC. 3. Enforcement. Any offences under this act shall be
recorders or police magistrates exclusively where there are such magistrates, and in
towns, cities and other places where there is no sucha
SEC. 4. yect. This act shall take effect on the firstday of A one
eight hundred and ninety-six.
Approved April 16, 1896. Laws of 1896, ch. 178, p. 281.
1. ooper's brand on buter firkins, etc.; penalty. Every cooper or manufacturer
of firkins, tubs or other for the package of butter or c
legible letters and characters, upon every such firkin, tub or
factured, his name, together with the actual and true weight of
aEvidently an error refers to law of 1901
NEW JERSEY. 385
vssel, a if any cooper or manufacturer shall dispose of any such firkin, tub or
vessel witht ch brand, or shall falsely brand the same, he shall forfeit and pay
for the same, the sum of twenty-five dollars; to be
recovered by action of debt in any court of competent jurisdiction.
2 Unbranded rk not to be ued; It shall not be lawful for any person
of any butter or cheese packed or placed in any firkin, tub or
or made for such purpose in this state, unless such firkin, tub
in the manner provided in the first section of this act, and
this provision or shall alter or purposely deface the
Smade under the direction of this act, every such person shall
forfeit and pay the sum of twenty-five dollars to such person as shall sue for the
Sin an action of debt, in any court of competent jurisdiction.
7, 1864. General Statutes 1895, vol. 1, p. 1164.
Smilk inspector; license; fees. It shallbe lawful for the common
co il, board of aldermen or other governing body of any city, incorporated borough,
or improvement commission, incorporated camp meeting association
S to for the appointing of a milk inspector or of milk inspect-
or for their respective municipal corporations, to prescribe their duties and to fix
and further to provide for the licensing and regulating of all persons
as principals or as agents, in the sale of milk within their respective
corporate limits, and to require as a prerequisite to engaging in such business a yearly
license fee tobe paid by the person, firm, or corporation conducting said business.
1. (2) Character oficense Each license shall allow the person,'firm or corpora-
tion licensed, orhisor their agent or agentsnamed in such license, to sell milk within
the corporate limits of the municipal corporation granting the license from one store
S f o or or orom one pail or other receptacle carried in the
hand; proided, that nothing herein contained shall limit the number of licenses
which may be granted to any person, firm or corporation.
(3) Fines and penalties. The aforesaid municipal corporations shall have
and establish fines and penalties, not exceeding fifty dollars for each
the selling of milk without a license, and for the violation of any rule,
Sestablished fr the regulating of the sale of milk within their
respective corporate limits; and that such fines and penalties shall be recovered as
other fines and penalties are or may be recovered in the respective municipal cor-
8. (4) se of license fe. At least two-thirds of the sum collected in any munici-
pal corporation in one year from milk license fees shall in that year be expended in
paying the salaries and expenses of a competent inspector or competent inspectors of
milk for said municipal corporation.
4. (5) Inpecor' records. It shall be the duty of each inspector, in addition to
the duties imposed upon him by the municipal corporation appointing him, to keep
a complete record of all his daily doings and proceedings as inspector, giving a full
ount of each inspection or examination of milk made by him, including the name
of the person, frm or on owning or claiming to own the milk inspected, the
names of in charge, the place and anner in which the said milk was
offered for sale, together with the ult of each test and analysis; that said records
shall be the property of the respective municipal cor ations and shall at all times
be subject to their control.
5. (6) oplains by inspector. It shall be the duty of each inslpetor to make
complaint against all persons discovered by him in violation of any rule, regulation
or ordina which may be paed in conformity to the provisions of this act.
3886 FOODS AND FOOD CONTROL.
521. (7) Powers of municipal inspectors same as those of state offr; appation o
fines, etc. Each inspector appointed by a municipal corporation shall have the same
power, authority, rights and privileges, ad shall perrm
the corporate limits of the municipal corporation for w is
now or may eete e eee ee e er of milk; ..
provided, that all penalties collected in any suit instituted by him under the law of
this state governing and regulating the adulteration of milk and the sale of milk,
shall be paid into the treasury of the municipal corporation for which he acts, and
the expense of such suits shall be borne by said municipal corporation.
527. (8) cond conviction Nopersontwiceconvictedofkn
state law governing the sale of milk or the adulterating of milkfor the
of two years, be allowed to conduct or be engaged in the of
within any municipal corporation in this state; that his license, if he have one, shall
be void, and no new license shall be granted to him for the of
528. (9)Repeal. All other acts and partsof actsautho the of a
license fee upon any person engaged in the milk business, and all acts and parts of
acts inconsistent with this act be and the same are hereby
Approved March 10, 1882. General Statutes 1895, vol. 2, pp. 223
65. (1) Diluted or adulterated milk prohibited in cities of t as No milk which
has been watered, adulterated, or changed in any respect by the addition of or
other substance, or by removal of cream, or any part thereof, shll be kept or
for sale in any city of the first class in this state.
66. (2) Penalti Any person who shall violate any of the provisions of this
shall be liable to a penalty of fifty dollars for the first offense and one hundred dol-
lars for a second or subsequent offense, and that such penalties shall be recovered
upon like evidence, by like procedure, and in the same method now provided for
the collection of fines and penalties, under the act entitled "An act to prevent the
adulteration and to regulate the sale of milk," approved fourteenth, one
thoand eight hundred and eighty-two. a
Approved March 23, 1883. General Statutes 1895, vol. 1, p. 1174.
4. (1) Imitation butter or cheese must be legally labeled. No peron shll oer o
expose for sale, or sell, or have in possession for the pu e of ale, y o
garine or butterine or suine, or any substanc in imitation or semblance of natural
butter or cheese, or any substance that is rendered, made, manuftured or
pounded out of any animal or vegetable or mineral fat or oil, not produced from
pure milk or cream from pure milk, unless contained in, or old out of or n tub
pails, frkins, vessels or other packages marked and labeled required by
three of this act.
5. (2) d butte or cheese must be legally labeled. No shall or
expose for sale, or sell, or have in ion for the purposes of l any mxture or
compound of natural butter or ch with oleomargarine, bu uine, or any
animal or vegetable or mineral fat or oil, or any substance not the product of pu
milk or cream from pure milk, except such mixture or compound shll be sold out
of or in or contained in tubs, firkins, pails, vesels or marked or
required by section three of this act.
6. (3) Labels prescribed. No oleomargarine, butterine or s e, or any or
compound or mixture in imitation or semblance of natural butter or or any
substance that is rendered, made, manufactured or compounded out of animal or
vegetable or mineral fat or oil, not the product of pure milk or cr fr r
Reeal, see 379 General Food Law.
EW JERSEY. 387
or exposed or r held in possession for the pur-
Ssale, except when contained in tubs, pails, boxes, firkins, vessels or other
ges that are marked or labeled as follows, to wit: every such tub, pail, box,
Sor shall have painted on the outside thereof, and mid-
e top and bottom thereof, a stripe or band at least three inches wide,
completely around said vessel or package, and said stripe or band
with black paint; every such vessel or package shall have legibly
burt in, by means of a branding or burning-iron, on the outside of
on the outside of said vessel or package, in two places as nearly oppo-
as possibl, the words "oleomargarine", "butterine" "suine" or
itation butter", or "imitation cheese", as the case may be, and said name or
be composed of Roman letters at least one-half an inch high and at least
Sof an inc broad, and said name or title shall be at least ten inches long;
suh tub, pail, box, firkin or other vessel or package shall bear a label or
branded on it a mark giving the name and address of the maker of the
thereof, and the name and location of the manufactory.
(4) (Amended by sec. 24, post.)
of itation butter or cheese prohibited. No person shall offer or
for ale, or sell, or have in on for the purposes of sale, any oleomar-
rine, suine, or any substance in imitation of natural butter or cheese,
that is rendered, made, manufactured or compounded out of any
ble or mineral fat or oil, not produce from pure milk or cream
milk, that is colored, stained or mixed with annotto or any other color-
matter or substance.
(6) Definitions. For the purpose of this ac the terms "natural butter", or
S orheese", shall be taken to mean the product or products usually
wn by these names and which are made and manufactured exclusively from
or both, with salt or salt and rennet, and with or without coloring
; and the terms "oleomargarine", "butterine", suine" or "sub-
mitation or semblance of natural butter or cheese", shall be a to mean any
that is rendered, made, manufactured or componded out of any animal
or mineral oil or fat, not e product of pure milk or the cream from
also, any compound or mixture of natural butter or cheese, or milk or
any of these substances not milk or cream.
(7) e idce of intetose. The on by any person who is
urer, merchant, broker, wholesale or retail dealer, or a hoel, in, res-
r boarding-house keeper, of any oleaginous substance, mixture or compound
at as d by this act, not natural butter, tha is not contained in a tub,
el, plainly marked and branded in accordance wi the provisions
of this act, shall be prima facie evidence of intent to sell the e.
SDf br prohibited. No person shall in any way or manner
or obliterate, deface or cver over r remove either the band or stripe
or the brands required by section three of this act to be placed on the th,
, pail or vessel containing any oleaginous substance, mixture or compound, as
eined by this act.
. (9) Pe y. Every person who shall violate any of the provisions of this act
Sbe liable to a penalty of one hundred dollars for the first offense, and two hun-
ed dollars for each second or subsequent offense.
8. (10) rosecuto ery district cort in any city, and every justice of the
e in any couty, and any recorer in any city, is hereby empowered on oath or
irmation made accordig to law that any person or person has or have violated
Sf this act, to iuat the suit of the commissioner h af
SSo in Statutes.
388 FOODS AND FOOD CONTROL.
a summons shall be returnable in not le than one or
such process shall state what provision of the law is alleged to have been violated by
the defendant or defendants, and on the return of or
which the trial shall have been adjourned, the said
recorder shall proceed to hear testimony and to
matter, without the iling of any pleadings, for the of
penalty, with costs, or for the defendant; and the
recorder shall, if judgment be rendered for the plain
against the goods and chattels and person of the dor
said court justice of the peace or recorder is further
defendant who may refuse or neglect to pay the amount of the judgment rendered
against him, and all the costs and charges incident
granted, to be committed to the county jail for any period
14. (11) Serving of warrants, etc. The ofers to serve all
under this act shall be te officers authorized to serve and in
courts, and before such magistrates and officers as afo the
of such counties and all police officers of such cities.
15. (12) Adjournment and bail. Said district court, justiceof the peace or
shall have power to adjourn the hearing or trial in any ca, f timeto tim
exceeding thirty days from the return of the summons or and to bail
person so charged in such sum as he shalldeem proper for
time and place as said trial or hearing shall be adjourned t and in of bail
to commit the person so charged to the common jail of d ty, to
detained until the trial or hearing of said charge.
16. (13) Appeal. Either the complainant or ndant, paying all
incurre d by filing with said distric court, justice or
after trial before him, a written notice of his or her intenti to a l f
decision of said court, justic or recorder, may appeal to the next urt of
quarter sessions of the peace of the county in whch said co n may e
determined, and said court of general quarter sessions shall try
and make such adjuditions a are herein provided in o
said district court, justice or recorder.
17. (14) Disosiion of ines. All penalties imposed under this act shall be, imme-
diately on receipt, paid into the treasury of this state by the commis
18. (15) (Refers to appintment of dairy commissioner was
ished and his duties imposed on chief inspector by act of 1901, ch. 8See pag91
19. (16) (Repealed in effect by acts of 1901, ch 8, sec. 20. See 379.
20. (17) Poer of spectioand pling. The said
ants, and clerks, and agents, as shall be duly commissioned so to do by the
ioner, shall have full and free access, ingres and to of
factories, farms, building, hotels, restaurants, boarding-houses, carriage, cars, vessels
and cans used in the manufactureand sale of any dairy
thereof; they shall also have the power to open any
ing uch articles which may be manufactured, sold or
of the provisions of this act, if they have reason to believe it is being violated, and
may inspect the contents therein, and may take therefrom amples for analysis.
21. (18) rpose of act. This actand each in i
to prevent deception in the sale of oleoe or an n n
dairy product, and to preserve the public health.
aPower now conferred upon chief in tor. See e. 21 31.
NEW JERSEY. 389
(19) epeal. An act entitled "An act for the protection of dairymen, and to
in les of butter," approved February twenty-first, one thou-
eight hundred and eighty-four, and an act entitled "An act to prohibit the
Sof impure and imitation dairy products," approved May fifth,
oe thouand ht hundred and eighty four, and all acts and parts of acts incon-
t with this act be and the same are hereby repealed.- 1-,
of butter not permitted. Nothing in said act hall be so
Ieit the sale or the offering or exposing for sale, or the having in
S the of sale, of any oleomargarine or butterine, or any sub-
ce in imitation of natural butter, that is colored, stained or mixed with annotto
or any other coloring matter or substance.
(verbal and bycard) to buyer of imitation butter or cheese. Section
our of be and the same is hereby amended so as to read as follows:
no person shall sell any oleomargare, butterine, suine or any substance in
ation or semblance of natural butter or cheese, or any substance that is rendered,
made, manud or compounded out of any animal or vegetable or mineral fat
not produced from pure milk or the cream from pure milk, at retail or in
than the original tub, firkin or other package, unless he shall first
purcher that the substance is not natural butter or cheese, but is imita-
or cheese, and at the time of sale and with each sale, he shall give to the
a rd or notice printed on which shall be te nae of the substance sold
and address of the seller or vendor, nd nothing else shall be printed
eit be the weight of the parcel; and said notice or card shall be at least
long and at least four inches wide, and the printing thereon shall be in
t of the size known as two-line English, and said notice or card shall be
blk and in the English language, upon white paper, plainly and legibly,
Se either upon the outside of the outer wpper in which the substance is
delivered tothe purchaser or upon a separate card or paper attached thereto; in either
ashhall be so placed that no part thereof shall be concealed from view.
Powers of ate diry commissionerThe state dairy commissioner b is
d empowered to aid in the enforcement of the provisions of an act
"An act to prevent the adulteration of food or drug," approved arch
twenty-fifth, one thousand eight hundred and eighty-one, and said commissioner a
ts and agents are hereby clothed with the same powers as are con-
or officersby e provisions of id act, and the expenses of such
hall be paid out of the appropriation made for the purposes of the act
to which this is a supplement.
of chemi. The state dairy commissionera may appoint the
a or analysts required by the provisions of this act or the
this is a supplement, and fix the compensation to be paid such chemists
f ton. The onviction in prosecutions under the act to which
ent shall be in the following or similar form:
State of New Jersey, county of A., ss.
Be it remembered that on this day of at in said county,
C. D., defendant, was, by the districtcourtof the city of J. (or by the recorder, or
as the case is), convicted of violating the -- section of "An act to prvent decep-
tion in the sale of oleomargarine,ne or any imitatin of dairy products, and
to preserve the public health," approved March twenty-second, one thousand eight
hundred and eighty-six, in a summary proceeding t the suit of A. B., state dairy
commissioner, who sues for the use and benefit of the state of New Jersey, plaintiff,
aece. 23 to 28 form a supplenment to the act of March 22, 188I sec. 1-22 preeding.'
bPower now conferred on chief inspector, we see. 21, p. 391.
upon a complaint made by E. F.; and, frther, that the
who testified for the plaintiff were (name them), and the
the defendant were (nam them); wherefore the said oro
case is) doth hereby give judgment that the plaintiff recover of the defendant one
hundred dollars penalty, and dollars of ths
The said conviction shall be signed by the judge of t
other magistrate before whom the conviction is had; in case of the infliction of a
penalty of two hundred dollars the conviction shll con a sta
appeared that the defendant had been previously con of violating the said act;
when an appeal is taken there shall be sent to the appellate court a copy of the
plaint, summons, conviction or judgment and notice of appeal; the in p
tions under the act to which this is a supplement shll be the costs in
district courts in actions on contract.
28. (6) Effect. This act shall take effect on May first, one th
dred and eighty-seven.--Secs. 23-28, approved April 21, 1887.
29. (1) Artfiial color n imitation butter forbidden. o by himself or his
agents or servants, nor as an agent or servant, shall render or
offer for sale, expose for sale or have in his on with intent to sell, any
product or compound made wholly or partly out of any fat, oil or ol su
stance or compound thereof, not produced from unadulterated milk or cream
the same, which shall be artificially colored in imitation or semblance of yellow
butter produced from pure unadulterated milk or cream of e e
nothing in this act shall be construed to prohibit the man cture or sale of ole
margarine in the manner regulated by the act to which this isa supplement, and in
such manner as will advise the consumer of its real c, free from
color that cause a it to look like butter.
30. (2) Penalty. Any person or persons who shall sell any article mentioned i
the preceding section of this act representing the same as butter ade from unadul-
terated milk or cream or any product other than it really is except in the manner
provided in existing laws, shall be guilty of a misdemeanor, and upon conviti
thereof be punished by imprisonment not exceeding six months or a penalty of two
hundred dollars in the discretion of the committing magistrate or court.- .
approved March 25, 1895.
General Statutes 1895, vol. 1, pp. 1164-1169.
67. (1) Milk contaminated by communicable dieae. When the tate board o
health, or any officer thereof, duly authorized in writing by such board to act fr or
on behalf of said board, shall have reason to believe that any milk has been con
taminated by the emanations, exhalations or discharges of any sick with
communicable disease, it shall be lawful for the said state board of health, or the
officers so authorized to act in the premises, to prohibit e or o
any milk suspected to be contaminated as aforesaid, and also to prohibit the trans-
portation or ale of any milk which may be produced, stored, or kept or found upon
any premises infected by such disease; such prohibition shall continue until th
state bord of health, or the officer authorized to act in the as afo
shall in writing remove such prohibition.
68. (2) P y. That ny person or persons who shall osellany milk
the sale an transportation of which has been prohibited, pu t to the
of the first section of this act, shall be liableto penaltyoffty be
recovered by the state board of health in n action upon contract fr the uses of
state of New Jersey in any court of record within said state.
Approved March 2, 1895. General Statutes 1895, vol. 2, p. 1647.
(So in Statutes.
NEW JERSEY. 391
No person shall keep cows for the production of milk in a
y place or condition, or feed any cow kept for the production of
on any substance in a state of putrefaction or rottenness, or on any
unwholesome nature, on any food or substance that may produce
esome milk; and no person shall distribute or sell, or offer to dis-
Shave in his possession with intent to distribute or sell, any milk
Sis the product of cows so kept or fed.
milk. No person having the ion or car of any milk
to be exposed to, or contaminated by, the emanations, discharges or
from any person or persons sick with any contagious disease; and no
bute or sell, or offer to distribute or sell, or have in his possession
th intent to distribute or sell, any milk which has been so exposed or contaminated.
milk. o person shall sell, or offer or expose for sale, or have in his
for the purpose of sale, any milk from which the cream or any part thereof
ed, unless every can, vessel package containing such milk shall
bel or tag of metal distinctly, durably and permanently soldered in a
upon the outside and not more than six inche from the top
w the wo "skimmed milk" stamped, indented or engraved on the
n lette not less than two inches in height, and the several lines of
s be not less than three-eighths of an inch in width; provded, hover, that
Sb e, in of such label or tag, may have blown in it the words
milk" in letters which shall not be less than one inch in height, and the
of which shall be not less than one-eighth of an inch in width; such
only be sold or shipped in or retailed out of a can, bottle, vessel or pack-
.rnd cheese. No person shall sell, supply or bring to be manufactured
or party operating any cheese or butter manufactory in this state any
under any of the provisions of this act, is or shall be deeed to be
from which the crea or any part thereof has been removed, or the sale
by any of the provisions of this act is prohibited.
Dairy comissioner aolihed. The office of state dairy cmmissioner is
ed, and allduties now impoed upon the state dairy commissioner by
the legislature not repealed by this act, shall hereafter be performed by
hr appoted under the authority of this act, and under the direc-
ofthestateboard of health.
March 21, 1901. Acts of 191, ch. 86, p. 186.
waterfor cows or for ashing enls. No person shall know-
bute or sell, or offer to distribute or sell, or have in his possession with
bute or ell, any milk which has been produced by ows that have not
plied with pure and wholesome water; and no person shall wash or
oany can or utensil sed for handling or transporting milk, in water
Shave reason to believe is polluted, contaminated or impure.
c. a. Every person who shall violate any of the provisions of the first
t shall be liable to a penalty of fifty dollars, which sall b recover-
Sih me manner and in any court or before any magisrate that any penalty
re under the provisions of the act to which this act is a supplement.
3. of takin et. This act shall take effect i ediately.
pril 7 1903. Lws of 13, 126, p. 210.
1. re of Whenever any person sall keep cows for the produc-
f m n a crowed or ulalthy place or condition, or feed any(cws kept for
e production of milk on swill or any substance in state of putrefaction or rtten-
,oronany substance of an unwholesome ture or on any substance that may
392 POODB AND FOOD CONTROL.
produce disease or unwholesome milk; or who shall or distribute, or ofer to ell
or distribute, or have in n with intent to sell or distribute any milk whi
is the produce of cows so kept or fed, then it be
health to file bill in the courtof chancery in the
of such board, for an injunction to prohibit the keeping of cows for the prodtion
of milk in such crowded or unhealthy place or condition, or the feeding of co o
swil or any substance in a state of putretio or
unwholesome nature, or on any food or substance
unwholesome milk, or the continuance of the sale, distribution or transportation o
such milk as the case may be, and for such other or in the
the court of chancery shall deem proper.
Approved March 28, 1904. aws of 1904, ch. 99, p. 224.
SEC. 1. ing of milk can It hall be the duty of any or
poration to whom milk is shipped by any person in this
such shipper the can or el used for transporting such ll
from such can or vessel and to thoroughly rine such can or
to cause the same to be done; and it shall be the duty of any or
poration shipping milk to any point or points within or i i
oughly cleanse, or cause to be cleansed, the ca or vessel ed for
milk before the milk is placed therein.
SEc. 2. Penalty. Whenever any person, persons or on an
of the provisions of the first section of this act, such person, or
shall be liable to a penalty of twent-five dollars, which ll e reco in
same manner and in any court or before anyte that any
able under the provisions of the act to which this is a supple
Acts of 1901, ch. 85, p. 186, as supplemented March 30,1904, ws of 190, h. 204
FLOUR AND MEAL
1. City and county inspectors. The person adminiteringhe
state shall from time to time appoint one or moreof
each of the cities of Perth Amboy, Burlington, New Br and Tnton,
many inspectors of flour and meal in each county in this s shall appear
essary, who shall hold their respective offices during the of the
administering the government aforesaid.
2. Inspector's oath The inspectors to be appointed in
they enter upon the duties of their respective offices, shall take the
or affirmation, before one of the judges of the court of com n p viz.: I, .
do swear (or affirm, as the case may be) that I will faithfully,
according to the best of my judgment, skill and understanding, execute, do and per
form the office and duty of inspector and examiner of flour m l,
8. Flor for export must be inspected and branded. No whet flour, rye flor, Indian
meal or buckwheat meal, shall be shipped for exportation otof this state to a foreig
market, before the same shall have been submitted to the view and examination
and approved of and branded by one of theaid; and it shall not be
lawful for such inspector to brand any ask conIndian meal,
shall have been made of corn properly kn-dried, and shall be
4. Construction and size of casks; manufacturers' brands as to qlity, weight, etc. Al
wheat flour, rye flour, Indian meal or bukwheat meal, manufactured for export
tion as aforesid, shall be paked in good and strong ca
NEW JERSEY. 393
er able timber, each cask whereof shall be hooped with at least ten hoops,
be n each chime, and properly nailed, which said ks
"I be but of two sizes, one size whereof shall contain one hundred and ninety-six
or with staves of twenty inches long, and each head sixteen
r, the other size whereof shall contain ninety-eight
S the staves whereof may be twnty-two inches long, and
lh head fourteen inches diameter, or the staves may be twenty-seven inches long,
eachheadnotto exceed twelve inches diameter, both which sizes of casks shall
y t, for the convenience of stowage, and the tare of said casks,
eively, shall be marked on one head with a marking-iron; prided, neerthee,
Snothing in this act shall be construed to prevent the packing of Indian meal in
for exportation, which shall contain eight hundred pounds, and be duly
eted and branded; and each cask of flour and meal, packed as aforesaid, shall
the initials of the Christian name and surname of the manufacturer
fafll together with the net weight of the flour or meal which shall
in each cask, except hogheads of India meal, on which the net
ht y all be braded; and on each cask of wheat flour intended for the first
i allbe ed the word "superfine," and on each cask intended for sec-
be branded theword "fine," and on each ak intended for the
ty, hall be branded the words "fine middlings," and on each cask
the fourth quality, sha b branded the word "middlings," and on
Scak of rye intended for the first quality, shall branded the words
rye flour," and on each cask intended for the second quality, shall
the words "fine rye flour," and on each cask of Indian meal shall
words "Indian meal," and on each cask of buckwheat meal shl be
ddd letter B. meal," before either, respectively, shall be offered
; and the manufacturer or ower of any flour or meal put up in a cask
be and hereby is madeubject to a penalty of fifty cents for every
cask is tared less than the true weight thereof; and any inspector
or meal having reason to suspect such cask or casks to be falsely tared, may
the by a suitable examination thereof.
.orsand; f and penlties. It shall be the duty of the said inspectors,
to them made, to examine and determine the quality of such flo
mealando each cask ade and branded, and the flour or meal packed therein
to this act, he shall then, and not otherwise, brand the initial letter of his
and his surname at fll length, together with the name of the city,
ty wherethe same is inspected, on the quarter, in a distinguishable
in all es where the brands describing the quality of flour or meal
his judgent be branded according to its respective kinds an qualities,
sh the e so as to describe the real quality, according to the true intent
a of this act; that it shall be the duty of the inspector fro time to time
eigh ch casks of flour and meal as he or they shall suspect of being too light,
not to contain the just and true weight, to mark or brand the sae on
awith the word "light," ad for eh cak which he or they shal so mar
word "light," such i ctor shll be entited to receiv from the
of such flour or meal, fr his trouble of weighing the ae, that
y, for every arrel or half barrel, the um of twenty ent, and for each hogs-
Sforty-five cents; and every cask of flour or meal which shall not contain the
weight branded thereon, the manufacturer thereof shall forfeit and pay for every
n ight of flour or meal so deficient,thesum of twentycents,and on allflour
meal injured in manufacturing, or otherwie damaged soasno t to be fit for
rtation under any denomination, in the judgment of the maid inspector, le shall
rk or brand on the same the word "bad," which flour or meal, so marked or
ded "ight" or "bad," shall not be shipped out of this state to any foren
394 FOODS AND FOOD CONTROL.
market, under the penalty of five dolars for eery cask so marked or
recovered in any court having cognizance thereof, by action of debt, by any person
who shall prosecute for the same; and for the trouble
shall be entitled to receive two cents for each and every of flor or
four cents for each and every hogshead of Indian meal, he shall so inspect or examine,
to bepaidh by the owner or po r of suchflouror meal,whoshall
buyer or purchaser of such flour or meal with one-half the t of
tion over and above the price of such flou or meal.
6. Penalty for failure to submit to nspectio before purchasing for exportation. Allfour
or meal purchased for exportation shall be inspected as at the time nd
of such exportation, and if any purchaser of flour or meal for e
have the same inspected as aforesaid, at the time and place of such ex
purchaser or exporter shall forfeit and pay for every cask of or meal, five
lars, although the said flour or meal may have been inspected and branded any
previous to such purchase.
7. Penalty for loading on vessel for port any our unbra If any
person shall lade, or attempt to lade, on board any vessel, with intent to ship or
export the same direct out of this state to any foreign maket, any flour or
not branded as aforesaid, by one of the inspectors, for good and erhantble
or meal, such person shall forfeit the same; and if any person shall have
any flour or meal out of this state to a foreign market, not branded by one of the
inspectors for good and merchantable flour or meal, such person shall forfeit and pay
the sum of five dollars for every cask of flour or meal so exported.
8. Inspection of vessels; fine for ndering inspector. It shall and may be lawful for
any inspector of flour or meal to enter on board of any vessel, between sunrise and
sunset, to search for flour or meal that he may have reason to suspect has
shipped contrary to the true intent and meaning of this act; and if any person shall
hinder or interrupt any such inspector in so entering on board and searching, every
such person shall forfeit and pay one hundred dollars, to be recovere in y court
having cognizance thereof, one-half thereof to the use of the overseers of the poor
in the city or town where the offense may happen, and the other half to the
prosecuting for the same.
9. Penalties. No inspector of flour or meal shall purchase any flour or eal other
than for his own private use, under the penalty of five hundred dollar; and if
person shall alter or counterfeit any of the aforesaid brand marks, whether state or
private, such person shall forfeit for every such offense the sum of one hundred
dollars; and that if any person shall put any flour or meal into any empty cks for
sale, which have been branded by the inspector before such were empted
without first cutting out the said brands, such person shall forvery cask so ed
forfeit and pay the sum of five dollars; and that every person offering for sale any
flour for wheat flour, which shall be found upon examination to be or contain a
mixture of Indian meal or any other mixture, such person shall forfeit and pay for
every such cask so mixed the sum of five dollars, and the flour shall be liable for the
10. Recovery of penalties; dispoition of same. All such fines, and
tures aforesaid, not herein otherwise directed to be collected, be reco
efore any justice of the peace, or in any court of record in thistate having
zance thereof, by any person who will prosecute for the one-half to
prosecutor, and the other alf to e paid to the overseers of the poor of the city
town where the fraud i detected; and for the more certain and e y of
penalties forthe false tare or rand ark upon any cask of our r m l, t s be
lawful for the insectors thereof to seize and sell the same, and o f
ceeds retain such penalty or enalties, one-half for his own use, and
to the overseers of the poor in the city or town where the same b eco to
NEW JERSEY. 395
theuse of the poor thereof, and pay the remainder to the owner or consignee of such
18, 1813. General Statutes 1895, vol. 2, pp. 1737-1739.
T production of honey is an honest and honorable industry of respect-
able a a wing importance in this state, the entire proceeds of which is clear
; and wherea, adulterations with inferior sweets, not gathered by
rured and sold under the name of honey, to the great injury of
and to the deception of the consumer, if not to the injury of his health;
r honey must be so labeled. Every person or ersons who
Ssell or cause to be sold any article or substance having the sem-
lance ooy, and yet not the real product of the hive, whether in shape of liquid
y, shall to each package or vssel of such manufactured article or sub-
tan, the outside of the package, in a conspicuous place, a distinct printed
label or brand stating that it is a mixture, and naming the constituent
s whether glucose, grape sugar or other adulterant; and every sale of
or substance not so branded, marked or labeled is declared to be unlaw-
no action shall be maintained in any of the courts of this state to recover
y contract for the sale of any such article or substance not so branded,
marked or labeled.
2. (Amended bysec. 4 post.)
of knowledge of character of artie. Every person who shall know-
or offer or expose for sale, or who shall cause or procure to be sold, or
or for sale, any article or substance reqired by the first ection of
his act to be branded, marked or labeled, not so branded, marked or labeled, shall
a misdemeanor, and on trial for such misdemeanor, proof of the sale, or
o alleged, shall be presumptive evidence of knowledge of the char-
S so sold or offered, and that te same was not branded, marked or
abeled as required by this act.-Approed March 14, 1879.
4. (1) Pe y. Section two of the act entitled "An act to protect the honey
ndustry," approved March fourteenth, one thousand eight hundred and seventy-
ne, shall be amended so as to read:
person who shall knowingly sell, or offer to sell, or have in his or her
with intent to sell, contrary to the provisions of this act, any of the sai
or su required by the first section of this act to be branded, marked or
therein stated, not so branded, marked or labeled, shall for each such
t and pay a penalty of thirty dollars uon the first suit, and fifty dollars
second and each subsequent suit, for such offense, to be rec red with
n any the courts of this state, in a action of debt, to be proscuted in the
state of w Jersey, one-half of such penalty to be paid to the informer
d the rie shall be paid to the collector of the county in which such suit shall
u for the support of the poor of the county. )-Apprred March 2, 81.
General Statutes 189, vol. 2, p. 1685.
1. (1) At of bef and pork ipec The governor, or prson admini-
the government of tis tate, for the time ~ing, on the application and
on of the common concil of any ity or town corporate, or the com-
ittee of any township within this state, shall appoint and commission oine or more
npectors and repackers of beef and pork (who shall not he dealers In the said
articles), in such pearts of the state am may be deemed neceiary and expedient.
396 FOODS AND FOOD CONTROL.
appointed and conmmissioned as aforeaid, shall, before he enters upon the exeuti
exercised, viz.: I, A. B., do solemnly swear (or affirm) that I will faithfully, tr
and impartially, according tohe t of my judgm
execute the office and duty of an inspector and repacker
to the true intent and meaning of-the laws of this state
I willnot directly or indirectly brand or suffer to be branded, any caks of beef
pork, but what shall be sound and merchantable agreeably to the said laws; a co
of which said oath or affirmation, subscribed by the person appointed as aforesa
and signed by the officer by whom it was administered,
the clerk of the county where thesaid inspector and re
18. (3) Inspectors' atores. The inspectors and repacke w
virtue of this act, shall provide themselves with good
of receiving and storing such beef andpork as may be b
14. (4) C truction and capacity of barrels. All bor h bin
any beef or pork shall be repacked, shall be made of g wll i
staves and heading, and that every merchantable barrel of
be inspected and repacked by any of the inspectors and
appointed by virtue of this act, shall be of the gauge to hold not
eight gallons, nor more than thirty gllons, wine measure; and every barrel
merchantable pork shall beof the gauge to hold not le than ty
nor more than thirty-one gallons of the measure afo andll
two hundred pounds of cured meat; and every merchantable of
beef and pork shallbe of the gaugeto holdfiteengall of the
and shall contain one hundred pounds of cured meat; each and
shall have thereon at least twelve good and substantial hoops, and the bilge ho
shall be secured by wooden pins or peg, and the hoops at each by
the heads of each barrel and half barrel shall be flagged, and so y
that in the opinion of the inspector and repacker, it shall be sufficiently tight to p
vent the pickle fromleaking out; the barrels shallbe as nearly straight as possib
15. (5) Brands for the qualities of beef. There shall be three denominations
qualities of beef; the first to be denominated "mes beef," to consist of choice piec
without hocks, shanks or necks; the second, to be denominated "prime beef," sh
not contain more than half a neck and two shanks, with e cutoff; the thi
to be denominated "cargo beef," shall not have in a barrel more than half a neck a
three shanks, all to be good sound beef of cattle well fatted; there shall not be a
shanks or bony pieces put into any of the barrels as m
meat has been cut for smoking; no beef shall be repacked until it has been in sal
sufficient length of time, and each barrel shall be repacked with at least three h
pecks of salt, not inferior to Lisbon salt, and half barrels halfe
salt; the first denomination shall be branded New Jersey mess beef," and t
initial of the inspector's Christian name, and his surname at
the name of the place where repacked; the second denom
"New Jersey prime beef," and the third "New Jersey argo beef," with the na
of the inspector and place where inspected and repacked as afore on both t
last-mentioned denominations; and half barrels shall contain half the quantity
each description, and shall be branded as the whole barrels.
1. () Brandfor three grade of pork. The said inspectors and repacker
carefully examine all pork to be by them repacked, and such only as is well fatt
shall be branded by them as merchantable; "mess pork" shall consist of the
NEW JERSEY. 397
l good fat ogs, and the barrels containing it shall be branded on one of the
S"Nw Jersey mespork," and the initial of the repacker's Christian name,
hissurnameat full length, with the name of the place where repacked; the
be denominated "prime pork," and shall consist of good sound
t pork, of which there shall not be in a barrel more than three shoulders with the
ut off athe knees, and not more than two sizable eads, with the ears and
and whh barrel shall be branded on one of the heads "New Jersey
Swith the repkers name and place where repacked as aforesaid; the
ird quality shall be denominated "cargo pork," and shall not contain more than
with the cut off at the knees, and not more than two heads not
Sthirty pounds, and which barrel shall be branded on one of the
Srgo pork," with the name of the inspector and place where
Sasdireted; half barrels of rk shall contain one-half the quantity
Si e respect as to quality as the whole barrels; and the respective
enominations shall be branded as is directed with respect to whole barrels; each
at least one-half bushel of salt, not inferior to Lisbon salt, and each
not less than one peck of the like quality.
S(7) I ofbeefand pork for eport. Every barel or half barrel of salted
Shich be exposed to sale within this state, to be exported from
beyond the sea, or that shall be so exported by the ower thereof,
le or exportation thereof, be carefully inspected and examined
S i rs and repackers of beef and pork for the time being, who shall
tble, and brand as is before directed, each and every barrel and
alfbarrel being of the materials and dimensions hereinbefore directed and described,
respectively contain the quantity and quality of salted beef or pork
ereinbefore mentioned and required, packed and secured in the manner aforesaid;
d the said inspectors and repackers are hereby required and directed to examine
and b as aforesaid, all such beef or pork brought to tem for inspec-
although the same may not be intended to be exported as afore-
sid to any foreign market.
fore repacking; care of branding irons. No beef or pork shall be
the has been in salt a sufficient time before such repacking, and
vd r r of beef and pork shall carefully secure his branding
Sasto it ot of the power of hiservantand others toobtain and make
e of the same contrary to the true intent and meaning of this act.
( reguatins, April 1 emer 1. All beef and pork repacked
day of April and the first day of Novemberin every year, shall,
Stthe same, be pickled with a good strong pickle, made of
than Lisbon salt, and each barrel and half barrel shall be wel trimm
ad secured, as before directed.
20. (10) Inpetor' fee. It shall be lawful for every inspector and repacker of
to and eive from the owners thereof, for inspting and
every bal of beef or pork, twenty cent, and for every half barr of
or twelve cents, if repacked in the store provided by them,and for
and rep ng every barrel of beef or pork, if in ted and repackd in
or other than their own, twenty-five cents, and for every half
cents; for each hoop wanting and put on by the repacker, six cents;
and pickling each barrel, ten cents; and for fling
ailing, pegging, and pickling each half barrel, six cens, the owner finding or paying
or the salt.
21. (11) Analtyfor using branded casks a second time. No persons shall use casks
which have been emptied, after being branded as aforesaid, a seemnd time, unlei
ey all first erase, scratch out, and effectually deface the relicker's brand off and
rom every such cask, under the penalty of fifty dollars for every such cask so used.
398 FOODS AND FOOD ONTROL.
22. (12) Neglect of inspector; fine. If any inspector and repacker of beef and pork
shall neglect or delay to repack any beef or pork, when th
owner or r thereof, for the space of forty-eight hours,
and repacker shall, for each neglect, pay to r per
23. (13) Penaltyfor ofense of epacke. For every offense which the
shall commit against the true intent and meaning of this law, and be thereof con-
victed, he and they so offending thall forfeit fifty dollars, and be rendered icap
of serving again in the said office.
24. (14) Penalty for miing cotents of randed barrel If any person or
shall, at any time, intermix, take out, or shift, any beef or that has been
repacked and branded as aforesaid, every person so taking out, inteixing and
fraudulently shifting such beef or pork, and being thereof convicted, shall forfeit
and pay twenty dollars for every barrel so disturbed by intermixing or shifting.
25. (15) Branding by persos not spectors; penalty. If any person or persons,
other than the said inspectors and repackers, shall brand any of beef or po
whatever in the manner directed by this act, every person so
the sum of twenty dollars for every cask so branded.
26. (16) Recorery of fines; disposition of sae. All the forfeitures and penalties
aforesaid shall and may be recovered, with costs of suit, in any court having cogni-
zance thereof, by any person or persons who will sue d p te for the same to
effect; one-half of which said forfeitures and penalties, when recovered, shall be paid
to the overseers of the poor of the town or place where the offense shall be com-
mitted, for the use of the poor thereof, and the other half to such person or persons
who will sue for the same as aforesaid.
27. (17) "Etra mess beef" defied; brand. It shall be lawfl for any person or
persons to put up or pack beef for ship stores or exportation, under the denomina-
tion of extra ess beef if the same shall be of the quality and aorted in manner
hereinafter specified, to wit, the best pieces, without hocks, shanks, or necks of
oxen or steers, well fattened, and weighing at least six hundred pounds, exclusive
of the hide and tallow, and shall be repacked in the same manner as is directed
this act, and shall be branded "New Jersey extra mss bee," and the initials of the
inspector's Christian name, and his surname at full length, together with the name
of the place where repacked.
28. (18) Liabie and perquiites of rpackers. Any personor persons repacking,
as aforesaid, shall be liable to all the forfeitures and penalties, and entitled to all the
fees which are hereinbefore prescribed and directed.
Public Law 1836, p. 234, as revised April 10, 1846; General Statutes 1895, vol. 2,
Scc. 1. Regulatiun by local bards of health of laghter of for food.
boards of health shall have power to pass, alter and en ordinances for the fol-
lowing purpoes in addition to the purposes now authorized by law:
I. To regulate and control the sale of horses for food, to provide for their in
tion both before and after slaughter, and to provide for the g ting of permits to
crry on the business of slaughtering horses for food.
II. To r late and control the manner of construcing, p furnshing and
caring for houses ad buildings used, or intended to be used, for the laghtr
horses in all matters relating to their sitary condition, and to and cont
the locating of such houses and buildings.
S8c. 2. Penalty. Any local board of .health may prescribe a y, not exceed-
ing one hundred dollars, for the violation of any ordinance or any s n of
ordinance adopted under the authority of this act, which penalty shall be
able in the e manner as any enalty may be recovered for the f any
NEW JERSEY. 399
pted under the provisions of the act entitled "An act to establish in
of health and a bureau of vital statistics, and to define their respec-
and duties," approved March thirty-first, eighteen hundred and eighty-
seven, and the supplements thereto.
3. ; penalty; prosecution. No person shall sell, or offer or expose for
r in anywise aid in selling, or offering or exposing for ale, any horse flesh
every carcass, piece and parcel of horse flesh so sold, or offered or exposed for
have conspicuously attached thereto a label or tag not less than three
s wide and four inches long, on which shall be printe or stinaped, in letters
n le than one inch in height, the words "horse flesh" ; and any person who
shall vilate any of the provisions of this section shall be liable to a penalty of one
hundred dollars; every such penalty may be recovered, with costs, in a summary
pg either in the name of the board of health of the state of New Jersey or in
the of the locl board of health of the township, city, borough, town or other
local municipal government within whose jurisdiction the penalty may have been
incurr; it shall be the duty of any inspector appointed by the state board of health,
and of any member of any local board of health, and of any local health inspector,
who shall know or be informed of any violation of any of the provisions of this act,
to mke, and any other person having such knowledge may make, under oath or
ation a complaint in writing against the person or persons, copartnership of
or corporation incurring such penalty, setting forth the facts of such viola-
tion, whh complaint may be on information and shall be filed with the clerk of any
ict court or with any justice of the peace of the county within which the offence
have been committed, or with any police justice or recorder of the city or
er municipality within which any local board of health brings suit shall have
ction; and the clerk of the district court with whom any such complaint shall
upon the order of the judge thereof, and the justice of the peace, police jus-
teor recorder with whom any such complaint shall be filed, is hereby authorized
to issue process in the nature of a summons when the complaint is on
n an, in other cases either in the nature of a summons or warrant, which
pr when in the nature of a warrant, shall be returnable forthwith, and, when
in he nature of a summons, shall be returnable in not less than five nor more than
fi n days; on the return of suc process, or at any time to which the trial shall
have been adjourned, the said court, jusice of the peIae, police justice or recorder
Sproceed to hear the testimony of witneses and the proofs in the ase, and to
erine and give judgment in the matter without the filing of any pleadings, and,
i judgment shall be given in favor of the plaintiff, execution shall forthwith issue
against the goods and chattels and pers of the defendant or defendants for the
amount of the penalty, with costs; the offiers to serve and execute any proces or
execution, issued aforesaid, shall be the constables of the conty, which service
and execution, in the case of an process or execution issued out of a district court,
shall be made in te same anner and under the same liabilities as other process
and execution issued out of said court ar served and executed; the officrs to
serve and execute any process or execution issued by a justice of the ace, polic
S r recordershall be the constables of the county, which service and execution
shall be made in the sae manner ad undr the same liabilitis as other processes
and executions isued out of the courts fore he trial of small causes; the costs reov-
in an case prosected in a distrt court shall be the saie a in other ses
in said court, and in any case prs ted before a jutice of the p
police justice or recorder they shall Ib the same s are allowdl in cases prosectdl
in the courts for the trial of all caus; the penalty recovere in any such actitn
Sbe aid to the plaintiff therein and applied by such plantiff to any purpose for
Sit ay be legally authori to expend money.
1 4-No. 9, pt 5-
400 FOODS AND FOOD CONTROL.
SEc. 4. Adjournment; bond. The judge of the districtcourt, of the
police justice or recorder before whom any case is prosecuted under the next p
ceding section of this act may adjourn the hearing thereof m time to time,
exceeding thirty days from the return day of the summons or warrant, and in any
case where a warrant shall have been issued may require the defendant or defend-
ants to enter into a bond with sufficient surety to the plaintiff in the penal sum of
two hundred dollars, conditioned to appear at the time and place of the hearing or
trial, and in default of such bond may commit the defendant or defendants to the
common jail of the county, to be there detained until the earing or trial of the com-
plaint; and if the defendant or defendants shall fail to appear at the time and place
to which the hearing or trial shall b sso adjourned, the bond shall be delivered to
the plaintiff, who may sue thereon and apply the moneys recovered in suh suit
to any purpose for which it may be legally authorized to expend oney.
SEc. 5. Form of conviction. The conviction in prosecutions under the next pre-
ceding section of this act shall be in the following or similar form: "State of New
Jersey, county of ss. -. Be it remembered that on this day of ,
A. D. 18-, at in said county, C. D., defendant, was, by the district court of
the city of T. (or, by me, E. F., justice of the peace, police justice or recorder of the
city of or as the case may be), convicted of violating the section of
'An act to provide for the regulation and control of the slaughter of horses and th
sale of horse flesh for food,' approved 1899, in a summary proceeding at the
suit of the local board of health of the township of A. (or as the case may be); and
further, that the witnesses in said proceeding who testified for the plaintiff were
(name them), and the witnesses who testified for the defendant were (nae them);
therefore, the said court (or justice of the peace, police justice or recorder, as the case
may be) doth hereby give judgment that the plaintiff recover of the defendant one
hundred dollars penalty and dollars cost of this proceeding."
The said conviction shall be signed by the judge of the the district court, justice of
the peace, police justice or recorder before whom the conviction is had.
SEc. 6. Effect. This act shall take effect immediately.
Approved March 24, 1899. Acts of 1899, ch. 197, pp. 517-520.
1. Adulteration of ider vinegar. Every person who manufactures for sale, or offers
or exposes for sale as cider vinegar, any vinegar not the legitimate product of
pure apple juice, known as apple cider, or vinegar not made exclusively of said appl
cider, or vinegar into which foreign sutances, drugs or acids have been introduced
as may appear by proper tests, shall for each offense be punishable by fine of not
less than fifty nor more than one hundred dollars.
2. Addition of injrios in ient. Every person who manufactures for sale,
offers for sale, any vinegar found upon proper tests to contain any preparation of
lead, copper, sulphuric aid or other ingredient injurious to health, shall for each
such offense be punishable by fine of not less than one hundred dollars.
3. ppointent of inspeor; sapling; ising of certifica; rort The board of
chosen freeholders of each county in this state may annually, by a majority vote
of said boar, appoint one prson to be inspector f vinegar, who shall be sworn,
before entering upon his duties, and who shall have power and authority to inspect
and examine all vinegar offered for ale; it shall be the duty of such inspector to
examine vinegar offered for sale, and he shall e charged with the enforcement of the
various provisions of this act; he shall have full access to and egress from all places
of business, factries, stores or other places where vinear is or may be stored or
offered for sale, and the right to examine and take samples from all vessels in which
vinear, or what is branded or otherwise rereented to be vinars contained,
NEW JERSEY. 401
d al the same, and to take samples for the purpose of analysis; the salar
for the inspector appointed under this act shall be fixed and deter-
the county board, and all salaries or compensation herein referred to shall
levied or provided for in the annual tax levies of such counties; any
or pens willfully preventing or obstructing the said inspector in the per-
man his duty shall be deemed guilty of a misdemeanor; it shall also be the
such inspector, upon the request of any person owning or having vinegar in
y, to inspect the same, and whenever such inspection and examination
t to such request is made, the inspector shall, upon request of such person,
e a certificate showing the percentage of acidity of the vinegar inspected or exam-
for which the inspector shall receive and be paid by the person requesting
examination, the sum of one dollar; and upon the request of said person, the
in cr shall give an additional certificate which shall show, in addition to the
percen of acidity of the vinegar inspected or examined, its percentage of cider
solids, for which e shall be paid by such person so requesting vinegar to be
inspectthe sum of three dollars; it shall be the duty of authorities of cities where
cinspector is appointed to provide a room or office, and all necessary chemicals
apparatus for the use of such inspector and the proper discharge of the duties of
his office; each inspector appointed under the provisions of this act shall keep a book
in which entry and ate of all inspections and other transactions pertainng to the
shall be made and ept, and the said book shall e subject to the inspection of
y citizen of the town or city where such inspector rid;tor shall,
request of the oard of health of their respective town or city, make report of
allinspections ade during the six months preceding such request.
4. Hndlig or mbradig aduterated viegar. No person shall, by himself, his
t or agent, or as the servant or agent of any other person, sell, exchange,
ver or have in his custody or possession, with intent to sell or exchange, any
adu dvinegar, or label, brand or sell as cider vinegar, or as apple vinegar,
any not the legitima product of pure juice, or not made exclusively from
Ad defined. All vinegars shall be without artificial coloring matter,
and shall have an acidity equivalent to the presence of not less than four and one-
half per centum, by weight, of absolute acetic aid, and in the case of cider
ving, shall contain in adition not less than two per centum, by weight, of cider
vinegar solids upon full evaporation over boiling water; and if any vinegar contains
any artificial coloring matter or less than the above amount of acidity or of cider
vi r solids, it shall be deemed to be adulterated within the meaning of this act.
B. Every person making or manufacturing cider vinegar shall brand
on each head of the ask, arrel or keg containing such vinegar, the name and
residence of the manufacturer, the date when ame was manfactured, and the
words "cider vinegar."
7. Penalty; proaertion. Whoever violates any of the provisions of this act shall
be punished by a fine not exceedin oe hundr dollar; any person who may
have suffered an injury or damage by rasn of the violation of any of the provi-
of this act, or any inspector appointd undr this act, may maintain an action
in hi n nae against any peron violating any of the provisions of this act, to
rec r the penalties prvided for such violation, and one-half of the sum recoveril
shalb by such aggrieved person for his own use, and the other half shall
be paid to the collector of the county in which suc offense was cormitted, for the
use of said couty; in case the action is bmrght by any inspectr appoint'e puou-
ant to section thre of this act, n part of the sm recovered in such action shall be
reaned by him for his own use but in any such action so brought by an inspector as
a id, shall not be held personally repnsible for costs of suit and the urt
402 ioos AND FOOD CONTROL.
in which such action is commenced, shall, from any penalty recovered in such action,
make an allowance to the plaintiff for counsel fees, the if any, pay
ingsu counsel fees, to be paid to the county collector of the county in which
ffense shall be committed, for the use of such county; no shall be liable
any one offense but in one action, d in case an action is brought by an
it shall be brought in his name as inspector of vinegar.
General Statute 1895, vol. 3, p. 3744.
S. 1. andard for ider egar. No person shall distribute or sell, or offer for
distribution or sle, or have in his possession with intent to distribute or ell,
cider vinegar or apple vinegar, any vinegar which is not produced exclusively b
the alcoholic and subsequent acetous ferentaions of the juice of apples, or is not
laevo-rotatory, or the total amount of acid, in one hundred cubic centimeters of
which, calculated as acetic acid, is le than four grams, or which contains les than
one and six-tenths grams of apple solids or ls than twenty-five one-hundreths
of one gram of apple ash in one hundred cubic centimeters. The ater-soluble
from one hundred cubic centimeters of the vinegar hall require not less than thirty
cubic* centimeters of decinorl acid to neutralize its alkalinity, and shall contain not
less than ten milligrams of phosphoric anhydride.
SEc. 2. Standard for wine rnegar. No person shall distribute or sell, or offer for
distribution or sale, or have in his possession ith intent to distribute or sell as wine
vinegar or grape vinegar, any vinegar which is not produced exclusively by the
alcoholic and subsequent acetou fermentation of the juice of the grape, orthe
total amount of acid in one hundred cubic centimeters of which, calculated as acetic
acid, is less than four grams, or which contain less than one and four-tent grams
of grape solids, or less than thirteen one hundreths of one gram of grape ash in on
hundred cubic centimeters.
SE. 3. Standard for alt inegar. No person shall dribute or sell, or offer for
distribution or sale, or have in his possession with intent to distribute or sell, as
malt vinegar, any vinegar which is not ade exclusively by the alcoholic and subse-
quent acetous fermentations, without distillation, of an infusion of barley malt or
cereals whose starch has been converted by malt, or is not dextro-rotator, or the
total amount of acid in one hundred cubi centimeter of hich, alculated as acetic
acid, is less than four grams, or which contains les than to gras of solids or less
than two-tenths of one gram of ash in one hundre cubic centieters. The water-
soluble ash from one hundred cubic centimeters of the vinegar shall require not less
than four cubic centimeters 6f decinormal acid to neutralize its alkalinity and shall
contain not less than nine milligrams of phosphoric anhydride.
SEC. 4. Standard foar sar vinegar, etc. No person shall disribute or sell, or offer
for distribution or sale, or have in his possession with intent to distribute or sell, a
sugar vinegar, molasses vinegar or syrup vinegar, any vinegar which is not made
exclusively by the alcoholic and susequent acetous fermentations of solutions of a
sugar, syrup, molasses or refiners' srup, or the total amount of acid in one hundred
cubic centimetrs of which, calcated as acetic acid, is less than four gra.
Sm. 5. Standrd for glwwe iar. No persn shall distribute or sell, or offer for
distribution or sale, or have in his possession with intent to distribute or sell, as glu-
case vinegar, any vinegar which is not made exclusively by the alcoholic and subse
quent acetous fermentations of solutions of starch sugar, ucse, or glucose syrup, or
is not dextro-rotatory, or the total amount of acid in one hundred cubic centimeters
of which, calculated as cetic acid, is less than four grams.
Sme. Standardfr distilled or grain rinelar. rNo persot shall distribute or sell, or
offer for distribution or sale, or have in his possession with intent to distribute or
1sl, a spirit vinegar, distilled vinegar, or grain vinegar, any ying which is not
made exclusively by the tou fermentation of dilute distilled alc or the total
NEW JERSEY. 403
in one hundred cubic centimeters of which, calculated as acetic acid,
S c. 7. Total acid limit; mineral acid, preservatives and colring matters prohibited.
distribute or sell, or offer for distributon or sale, or have in his pos-
t to distribute or sell, any vinegar, the total amount of acid in one
d bicentimeters of which, calculated as acetic id, is le than four gras,
or which contains any mineral acid, any artificial coloring matter or any preservative.
be. No person shall distribute or sell, or offer for distribution or se,
e n his on with intent to distribute or sell, any vingar conained in
y brre ,bottle or ackae unle such arrel, vessel, bottle or package ears
Sl l or imprint thereon in legible type, desiating the me and address of the
of the vinegar and the name of the particular kind of viner contained
9. P Any person violating any of the provisions of te first, second,
fifth, sixth, seventh or eighth sections hereof shall be liable to a
of fifty dollars to be sued for and recovered in the same manner as penalties
recovered under the act to which this act is a further supplement.
S10. Repeal. Sections three and four of the act entitled"A supplement to the
ac tled 'An act to secure the purity of foods, veraes, confectioner, condi-
and medicines, and to prevent deception in the distribution and sales
thereof,' approved arch twenty-first, anno domini one thousand nine hundred and
ne," approved April fourth, one thousand nine hundred and two, be and the same
are hereby repealed.
S11.. This act shall ake effect immediately.
May 22, 1905. Acts of 1905, h. 245, pp. 475-78. (Supplement to the
aMarch 21, 1901. pp. 373, 391.)
WATER AND ICE.
1. R gather ice. It shall be lawful for all persons having ice-houses upon
of this sate to gather the ic in front of their lands, to the middle of the
ponds and lakes upon which they are lcated.
2. I erence th ice dealers. During the time the several ice dealers are gather-
thei ice crops, it shall not be lawful for any ersn to interfere with the -me
except for the purposes of navigation.
SE. The provisions of this act shall not extend to the owners of mill-
nor shall it extend to parties having the mere right of way un the shres
of the sever watr-coures of thi ste. -S.. 1-3 apred Fruary 8, 1~ 1.
4. (1) Penalty4for polltig ie or injuring property fow atherin gh1 storing 1m11. If
any pern or persons shall aliciously'or willfully pollute, corrupt or render implutre
the ce in front of the ands of pers having icehouse, as de ribed in the first
ionof the act to which this is a supplement, or sall willfully or maliciously
any enin, machine, tools or other proerty used for the gthering and
such ice, the person or perns so ofending shall be demted ilty of a t
ar, and eing thereof covicted, shall be punished by a tine not excding
Shundred dllars or imprisnment hard labor not exceoeing ei year, or
th.-Approred March 14, 188. (ulemento at approdd Fitwr 8, il)'I.
eeal tate vol. 2, pp. 165-1
17. (1) Approved April 21, 1876. (Amended by Secs. I30 and 311, post.)
808. (1) (This section, aending see. 307, is amended by see. 311. pot)
(2) Buria of offl, ef., near Cek or pd. It ha t the duty f the
ror ow occupant or occupants of ay lnd whern any sh c ffal
or other offensiv'e matter may be, to cause the same to be buried forthwith, o that
404 FOODS AND FOOD CONTROL.
all portions thereof shall be covered with solid earth to a at l
below the surface of the ground, and not within a distance of two undred feet from
such creek, pond or brook used as aforesaid; and any such owner or occupant who
shall refuse or neglect for the space of two days to remove d bury as aforeid, or
cause to be removed and buried, any such carcass, offal or ve matter, shll be
deemed guilty of a misdemeanor, and on conviction thereof hall be punished by a
fine not exceeding one thousand dollars, or by imprisonment no exceeding two
years, or both.
310. (3) Repeal. All acts and parts of acts ionsistent with this act, in as far
as they are inconsistent herewith, be and the sae are hereby repealed, and that
this act shall take effect immediately.-Ses. 1-3 pproed a 7, 180.
311. (1) Pollution of water tupplies; penalty. The first section (see Secs. 307 and
308, ate) of the aid act be amended so as to read as follows:
(If any person or persons shall throw, cause or permit to be thrown into any
reservoir, or into the waters of any creek, pond or brook of this state which run
through or along the border of any city, town or borough of this state, or the waters
of which are used to supply any aqueduct or reservoir for distribution for public use,
any carcass of any dead animal, or any offal or offensive matter whatsoever calcu-
lated to render said waters impure, or to noxi or tor offensive smells, or shall
connect any watercloset with any sewer, or other means whereby the contents
thereof may be conveyed to and into any such creek, pond or brook, or shall so
deposit or cause or permit to be deposited any such carcass, offal or other offensive
matter that the washing or waste therefrom shall or may be conveyed to or into any
such creek, pond, brook or reservoir, such person or persons shall be deemed guilty
of a misdemeanor, and, on conviction thereof shall be punished by a fine not exceed-
ing one thousand dollars, or By imprisonment not exceeding two years, or both.)
312. (2) Repeal. All acts and parts of acts inonsistent with this act in as far as
they are inconsistent herewith be and the same are hereby repeled, and that this
shall take effect immediately.-Secs. 1-2 approed March 14, 188
322. (1) Befouling of creeks, etc., used for ting ice; penalty. If y person or per-
sons shall throw, cause or permit to be thrown into the waters of any creek, pond
or brook of this state, the waters of which may be used for the cutting and harvest-
ing of ice, any carcass of any dead animal or any offl or offensive matter wato-
ever, calculated to render said waters impure or create noxious or offensive sells,
or shall connect any water-closet with any sewer or other mea whereby te con-
tents thereof may be conveyed through and into any such creek, pond or brok,
shall be deemed guilty of a misdemeanor, and on conviction thereof shall be pun-
ished by a fine not exceeding one hundred dollrs, or imprisonment not exceeding
thirty days, or both.-Approved March 29, 1878.
General Statutes 1895, vol. 1, pp. 1106-1109.
1. No ice to be rct or old within limits of ciy withot peritfro board ofealth. No
ice shall be cut for the purpose of being sold or used in any city of this state fro
any pond, creek or river within the limits of any such city, unlea permit therefor
shall be first obtained from the board of health of such city, and no erson or per-
sons shall sell or deliver any ice in any city in thisstate withouit obtaini a per-
mit therefor from the oard of health of such city, and it shall be lawful for any such
board of halth to refuse a ermit and t revoke any granted by the as aforesaid
when in their judgment the use of any ice cut or sold, or to be cut or sold, under the
same is or would be detrimental to the public health.
2. Board may prohibit le of ice in crtin cases. The board of health of any city
may prohibit the sale and use of any ice within the limits of such city when in their
judgment the same is unfit for use, ad the use of the same would e detriment t
the public health, and the said board may proibit and throu t offiers stop,
NEW JERSEY. 405
t the bringing of any such ice for the purpose of sale or use into the
l o such city, and also in the same manner stop, detain and prevent the sale
any such ice found within the limits of such city.
Any person or persons who shall violate any of the provisions of this
rwho s l attempt to cut, ell or bring into any city any such ice after being
not b d board of health or its officrs not to do so, shall be guilty of a mis-
and on conviction shall be sentenced to imprisonment in the county peni-
for a term not to exceed six months, or to pay a fine of five hundred dollars,
in the discretion of the court; and it shall be lawful for the officer of said
of health or the police officers of any such city to arrest on sight any person or
who shall be found violating any of the provisions of this act.-Scs. 1-3,
approved March 13, 1885.
1. Pof act extended. The provisions of the act to which this act is a sup-
p et e and the same hereby are extended to all boroughs, townships, towns and
municipal governments in the state.-Approed March 8, 1888. (Supple-
ment to act aproed March 13, 1885.)
Statutes, 1895, vol. 2, p. 1650.
SE. 1. Pollution of water supplies of towns, cities, etc., prohibited; penalty. No sewage,
domestic or factory refuse, excremental or other polluting matter of any
whatsoever which, either by itself or in connection with other matter, will cor-
r impair, or tend to corrupt or impair, the quality of the water of any river,
s or any tributary or branch thereof, or of any lake, pond, well, spring
reservoir from which is taken, or may be taken, any public supply of water
for sc use in any city, town, borough, township or other municipality of this
Sor which will render, or tend to render, such water injurious to health, shall
e p in, or discharged into, the waters, or placed or deposited upon the ice, of
y river, brook, stream or any tributary or branch thereof, or of any lake,
well, spring or other reservoir ave the point from which any city, town,
township or other municility shall or may obtain its supply of water for
dmestic use, nor shall any such sewage, drainage, domestic or factory refuse, excre-
ntl or other polluting matter e placed or suffered to remain upon the bnks of any
Sriver, brook, stream or of any tributary or branch thereof, or of any lake, pond,
spring or other reservoir ave the point from which any city, town, borough,
p or other municipality shall or may obtain its supply of watr for domestic
Saforesaid; and any perso or persons, or private or public coporation, which
all offend against any of the provisions of this section shall be liable to a penalty
of one hundred dollars for each ffense; and ch wk's contiance, after notic
by the state or local board of health to abate or remove the same, shall constitte a
separate offense; provided, howrrer, that this section shall not e held to apply to any
city, town, borough, township or other municipality of this state which, at the date
of the of this act, has a public ewer or systc of swers, drain or system of
drains, legally constructed under municipal or township authority, discharging its
dr e or sewage into any such river, brook, stream, lake, pond, well, spring or
reservoir; nd pro d, frter, that nothing in this sction containad shall ; b
Sto repeal, modify or otherwise affect any law or statute l cnferring
any cal ard of health the power or authority to institute any proceedins
in any court of this state for the r very of any penalty for, or obtaining any injunc-
tion aaint, pollution of any of the waters of this state.
SIc. 2. Any linalty incurred uner any of the provisions of the fist
n of thi act may b reovered, with cos, in a summary proceeding, either in
e of the ard of health of the tat of New Jery, or in the name of the
al board of health of the township city, biro) h, town or other local u nicipal
406 FOODS AND FOOD CONTROL.
government within whose jurisdiction the penalty may have been incurred; it shall
be the duty of any health inspector, or member of any local of
shall know or be informed of any violation of any of the proof the first section
of this act whereby any penalty may have been incurred, to mak and any
son having such knowledge may make, under oath or affirmation, a complaint
the person or persons or private or public corporation incu such penalty,
forth the facts of such violation, which complaint shl be filed in the office of the
clerk of the district court, or with any justice of the peace of the county within
which the offense may ve been committed, or with any police justice or
of the township, city or other municipality within which any local board bring-
ing suit shall have jurisdiction; and the district court, justice of the peacea police
justice or recorder with whom any complaint shall be filed as aforesaid, setting
forth facts sufficient to show that the penalty prcribed by the first section of this
act has been incurred, is hereby authorized and required to sue p ither in
the nature of a summons or warrant, which process, when in the nature of a warnt,
shall be returnable forthwith, and when in the nature of a summons shall be return-
able in not less than five nor more than fifteen days; on the return of such process,
or at any time to which the trial shall have been adjourned the same court, justice of
the peace, police justice or recorder shall proceed to hear the testimony of witnesse
and the proofs in the case, and to determine and give judgment in the matter
without the filing of any pleadings, and, if judgment shall be given in favor of the
plaintiff, execution shall forthwith issue against the goods and chattels of the
defendant for the amount of the penalty, with costs; and all judgments so ren-
dered shall have the same force and effect as other jugdments civil actions
before civil courts and officers, and may be docketed in like manner in the office of
the clerk of the court of common pleas; the officers to serve and execute any process
or execution issued as aforesaid shall be the constables of the counties which serv-
ice and execution, in the case of any execution issued out of the district court,
shall be made in the same manner and under the same liabilities as other exe-
cutions issued out of said court are served and executed; the officers to serve and
execute any process or execution issued by a justice of the peace, police justice or
recorder shall be the constables of the county, which service and execution shll be
made in the same manner and under the same liabilities as prescribed in cases of the
service and execution of processes and executions by the act entitled "An act consti-
tuting courts for the trial of small causes," and the supplements thereto; all moneys
recovered in any such proceeding shall be paid to the plaintiff therein and aplied
by such plaintiff to any purpose for which it may be legally authorized to expend
Sic. 3. forcemn by stae board of health. The state board of health sll have
the general supervision, with reference to their purity, of all rivers, brooks, streams,
lakes, ponds, wells, springs or other reservoirs in this state, the waters of which are,
or may be used a, the source or sources of public water supplies for domestic use,
together with the waters feeding the same, and shall have the authority, from time
to ime, as they deem necessary or proper, to examine the same and to inquire what,
if any, pollutions exist and their causes; and the said tate board of health, in carry-
ing out the provisions of this section may, from time to time, as they deem itneces-
sary or proper, adress inquiries in prnted or written form to any local ard of
health, municipal or township authority, corm ration, or pe n or persons, which
inquirie it shall be the duty of the p ons or parties addressed to answer within
such time as the said state board of helth may in such inquiries prescribe.
SEC. 4. Pocedre in cae of rlion of section 1. If any pers or corpo
tion or corporations, city, town, borough, township or other municipality of this
a So in Statutes.
NEW JERSEY. 407
snmunicipal or township authority, shall violate any of the provisions
on of this act, it shall be lawful for the said state board of health,
d of pg in a summary way to recover the penalty prescribed in said
section, to file a bill in the court of chancery, in the name of the state, on the rela-
rd, for an injunction to prohibit the further violtion of the said
every such action shal proceed in the court of chancery according to the
practice of bills filed in the name of the attorney-general on the relation of
and cases of emergency shall have precedence over other litigation pend-
time in the court of chancery, and may be heard on final hearing within
such time and on such notice as the chancellor shall direct.
S. 5. Repeal. All acts and parts of acts inconsistent with the provisions of this
ct are hereby repealed.
E. 6 ect. This act shall take effect immediately.
A v March 17, 1899. Acts of 1899, ch. 41, pp. 73-76.
Violations of the food laws of New Mexico are considered as misde-
meanors, and no special provision is made for eir enforcement.
GENERAL FOOD LAWS.
1244. Penaltyfor selling unwholesome food. If anyperson knowingly shall sell any
kind of damaged, spoiled, or unhealthy provisions either for food or drink, without
giving sufficient notice to the purchaser of the same, he shall be fined in a su not
exceeding five hundred dollars, or by imprisonment in the county jail not exceeding
124. Penalty for adulterating drugs. If any person shall fraudulently adulterate
for the purpose of selling any drug or medicine, in such manner as to make the same
injurious to health, he shall be punished by imprisonment in the county jail, not
exceeding one year, or by fine not exceeding three hundred dollars, and such drug
or medicine shall be forfeited and destroyed.
1246. Penalty for manufacturing adulterated or unwholesoe foods. No person
within the Territory of New Mexico shall mix, color, stain or powder or permit any
other person to mix, color, stain or powder any article of food or drugs with any
ingredient or material so as to render the article injurious to health, or manufactre
any article of food which shall be composed in whole or in part of diseased, deco
posed, offensive or unclean animal or vegetable substance, with the intent that the
same may be sold in the said territory, and no person shall sell in the Territory of
New Mexico any such article so mixed, colored, stained, powdered or manufactured.
Any person violating this section shall be guilty of a misdemeanor, and for each
offense to be fined not exceeding two hundred dollars for the first offense, and for
each subsequent offense not exceeding three hundred dollars, or imprisonment not
exceeding one year, or both in the discretion of the court.
1247. Injurious adulteration or dilution of drgs. No person shall, within the
Territory of New Mexico, except for the purpose of compounding as hereinafter
described, mix, color, stain or powder, or order or permit any other person to mix,
color, sain or powder, any drug with any ingredient or material so as to affect inuri-
ously the quality or potency of such drug, with intent that the same may be sold in
the aid Territory of New Mexico, and no person shall sell any drug so mixed, cl-
ored, tained, or powdered under the same penalty in each case respectively as in
the preceding sectio-n for a first and subsequent offene.
124S. Inorance of prese e of adulteration. No person shall be liable to be con-
victed under either of the two lst foregoing sections in respect to the sale of any
article of food or of an drug if he shows to the satisfaction of the court before whom
he is charged that he did not know of the article of food or drug sold by hi being
so mixed, colored, stained or podered as in either of those sections entioned, and
that he could not, with reasonable diligence, have obtained that knowledge.
1249. Food or drug m bt he of quality, etc., demanded; penalty; exemptionM. No
person shall sell in the Territory of New Mexico any article of food or drug which
is not of the nature, substance and quality of the article demanded by any purchaser,
and any person violating this section shall be guilty of a misdemeanor, and for the
NEW MEXICO. 409
So be fined, not exceeding fifty dollars, and for each subsequent offense not
Sone hundred dollars, or imprisonment not exceeding six months, or both
n of the court: Provided, That an offense shall not be deeed to be
under this section in the following cases, that is to say:
Firt. Where any matter or ingredient not injurious to health has been aded to
t or drug because the sae is required for the production or preparation
r as an artile of commerce in a state fit for carriage or consumption and not
ulently to increase the bulk, weight or measure of the food or drug, or concal
the inferior uality thereof.
Second. Where the drug or food is a proprietary medicine.
Third. Where the food or drug is compounded as authorized by this act.
Fourth. Where the food or drug is unavoidably mixed with some extraneous mat-
ter in the process of collection or preparation.
120. Copound foods or drugs t contai ingredint as demanded; penalty. No
Ipr shall sell in the Territory of New Mexico any compound article of food or
opounded drug which is not composed of ingredients in accordance with the
of the purchaser. Any person violating this section shall be guilty of a mis-
or and fined not exceeding fifty dollars: Provided, That no person shall be
guilty of any such offense as aforesaid in respect of the sale of an article of food or a
drug mixed with any matter or ingredient not injurious to health and not intended,
dulently, to increase its bulk, weight or measure, or conceal its inferior quality,
if at the time of delivering such article or drug he shall supplyto the person receiv-
the sae a notice by a label distinctly and legibly written or printed on or with
article or drug, to the effect that the same is mixed.
I Subtraction of any part offood; penalty. No person shall in the Territory
of New Mexico, with the intent that the same may be sold in its altered state
without notice, subtract fro an article of food any part of it so as to affect injuri-
y it quality, substance or nature, and no person shall sell any article so altered
withut making disclosure of the alteration, and any person violating the provisions
of this section shall be gilty of a misdemeanor and fined not exceeding one hundred
122. A of proo must be proved. In any prosecution under this act,
where the fact of an article having been sold in a mixed state has ben proved,
f the defendant shall desire to rely uon provis contained in this act, it shall be
incuIbent upaon him to prove the sane.
1253. Inorance of presentof Idullration. If the defendant in any prosecution
under this act, prove to the satisfaction of the court that he had puIrchased the
article in question as the same in nature, substce and quality as that demanded of
him by he purchaser, and with a written warranty t tthat effect: that he lad no
reason to believe at the time when he sold it that the article was otherw ise; and that
he sold in the sae state as when he purchased it, he slall be lischiarge, from the
1254. Foraed wrratiex; penalty. Any person who shall forge, or shall after
knowing it to be forged, any certificate or any writing purporting to contain a war-
rany, s providd in ection one thousand two hundred and fifty-three, shall be
guilty of a misdemeanor and e punishable on conviction, by imprisinment for a
term not exceeding one year with hard labor.
1S, hle appl ctiob Eof earrantis or al. Every person who sall willfully
apply to any article of food or a drug, a ertificat of warranty given in relation to
an other article or drug, or who shall give a false warranty in writing tony pur-
r in resect of an article of food or a drug sold by him lprincipal or agent, or
who shall willfully give a label with any article -sol by himi which shall falsely
dsbe the article shall guilty of a misdm or and on coviction shall
be fed not to exceed one hunre dollars.
410 FOODS AND FOOD CONTROL.
1256. "Food" and "drug" defined. The term food in this act,
include every article used for food or drink by man other
term drug as used in this act shall include all medicines for internal or external use.
1257. Exeption. The governor may from tie to time certain arti
or preparations to be exempt from the provisions of this act, and it shall be the duty
of the secretary of the territory to preparae ad publish from time to time a list of the
articles, mixtures or compounds declared to be exempt from the provisions of this act
in accordance with this section.
Compiled Laws 1897, p. 373.
1239. Any person who shall adulterate any wine, spirits, or other intoxicating
liquor, which are for sale, by the mixture of any deleterious substance or fluid there-
with; and any person who shall sell or offer for sale any wine, spirits or other intox-
icating liquors that have been adulterated as aforesaid, hall be, upon conviction
thereof, fined in any sum not less than five dollars nor more than fty dollars.
Compiled Laws 1897, p. 1239.
SEC. 54. Polluting water supplies unlawful. It is hereby made unlawful for any
person to cast the dead body of any animal or fowl, or any refuse matter, such as
tin cans, paper, ashes, bones or other garbage, into any running stream, spring, lake,
pond, reservoir, ditch or water course, or to run or empty any sewer or other foul
substance into the same or in any other manner or means to pollute or foul the said
water so as to render the same offensive or dangerous to the health of the inhabitants
of any community or of any person having the right to use the same for drinking or
domestic purposes or that may render said waters unfit or unhealthy for watering
stock. But it shall be the duty of every person outside of incorporated towns, ciie
or villages, to destroy all domestic refuse and garbage by burning the same; any vio-
lation of this section, shall be considered a misdemeanor and punished as provided
As amended arch 16, 1899. Acts of 1899, ch. 79, p. 175; Compiled Laws 1897,
ch. 2, p. 105.
Sfood laws of New York are administered by the State depart-
mnt of agriculture. In response to a letter of inquiry, the following
cmmunication was received from Mr. G. L. Flanders, the assistant
The pure food law of this State seems to be producing fairly good results. The
cipal points of the law are: First, the prohibitioi against selling misbranded or
ulterated food products. Second, that no food product can be sold that contains
a sutance that is harmful or deleterious to the consumer. Third, the sale of
terated foo products which are not harmful is prohibited unless they are so
or labeled as to show the character of the constituents; in other words, the
i o is that the purchasing public shall be made aware of the constituents of the
cities which they are putting into their stomachs. Since this law has een
operation the labeling of food products in this State has undergone a great change.
o not say that all persons doing business within the State are observing the stat-
but as a rule they ae, and the consumers are being benefited. At the present
Swe have no suggestions to offer a to a change in the statute.
GENERAL FOOD LAWS.
1 ie. This chapter shall be known as the agricultural law.
2. missionr of agriuture; salary; aitants, etc. There shall be a department
of the state government known a the department of agriclture, which shall be
chard with the execution of the laws relating to agriculture and aricultural prod-
ucts The conmissioner of agriculture shall be the chief of the departnlent. The
ew York state dairy commissioner shall be the commissioner of agriculture until
hs sc r shall be appointed and qlified. The cornuissioner of agriculture
sall appointed by the governor, by and with the advice and consent of the
senate. His ter of offce shall he three years. lie shall be paid a nnual alary
Sof four tousand dollars and his necessary expeses not to exceed five hundred dol-
ar, incrred in the dicharge of his otlicial duties. IIe may apIpint a dilrtor of
farer' institutes and such clerks and assistant commissioners and employ such
clerks, mis, nts a counl as he may dent nleessary for the proper enfore-
ment of such laws and the proper administration of the dertment, w ho shall
reeie 8such compensation may be fixed by him and their necesar expses.
The cmpenstion of his clerks, assistant and other ,,ersons (elypl by him and
such nec ry expenses shall be paid on his certificate by the treasurer on the war-
rant of the comptroller. All other chargs, nscounts ant exlpene of the depart-
nent authorized by law sh all be pid by the treaurer on tih warrant of the
comptroller, after they have been uditd and allowed b the scmpt rller. The
in the new capitol.
Inxpertion and sampling. The cmmlissioner of wariculture, his clerks, asistants,
xpert, chemists, agents and counsel 1employe by him, shallhve full access to all
412 FOODS AND FOOD CONTROL.
places of business, factories, farms, buildings, carriages, cars used in
manufacture, sale or transportation within the state of any dairy products or an
imitation thereof, or of any article or product with respect to which any authority
conferred by this chapter on such commissioner. They may examine and open any
package, can or vessel containing or believed to contain, any article or product, which
may be manufactured, sold or exposed for sale in violation of the provisions of this
chapter, and ay inspect the contents therein, and take therefrom samples for
4. Expert butter and cheese makers The commissioner of agriculture may appoint
and employ not more than five expert butter and cheese makers, who shall, under
his direction, examine and inspect butter and cheese factories and attend at agricul-
tural fai, societies and meetings designated by the commissioner, to impart thereat
information as to the best and ost approved method of maing butter and cheese
and improving the quality thereof.
5. Annual report. The commissioner of agriculture shall ake an annual report
to the legislature on or before January fifteenth, of his work and proceedings for the
year ending September thirtieth, next preceding which shall include a statement in
detail of the number of asistant commissioners, chemists agent, and coun-
sel employed under the provisions of this chapter during such year, and their
compensation, expenses and disbursements; and also a statement in detail of the
expenditures of moneys appropriated for the state agricultural society, the county
agricultural societies and the New York aicultural experi t station; and other
agricultural purposes and estimates of the amounts required for all such purposes for
the ensuing year. He may require the state agricultural society and the county
agricultural societies to make reports to him and prescribe the form of such report.
6. Certifcate of chemist preumptive eidence. Every certificate, duly signed and
acknowledged, of a chemist, analyst or other expert employed by the commissioner
of agriculture or any analysis, examination or investiation made by such analyst
chemist or expert with respect to any matter or product which the commissioner
has authority to examine or cause to be examined, shall be presumptive evidence of
the fact therein stated.
7. Evidence; princpal's liability for act f agent. The doing of anything prohibited
by this chapter shall be evidence of the violation of the provisions of this chapter
relating to the thing so prohibited, and the omission to do anything directed tobe
done shall be evidence of a violation of the provisions bf the chapter relative to the
things so directed to be done. The intent of any person doing or omitting to do any
such act is immaterial in any prosecution for a violation of the provisions of this
chapter. Any person who suffers, permits or allows any violation of the provisions
of this chapter by his aent or servant or in any room or building occupied or con-
trolled by him, shall be deemed a principal in such violation ad liable accordingly.
S. Prosecution for penalties. Whenever the commiioner of agriculture shall know
or have reason to believe that any penalty has been incrred by ay person for a
violation of any of the provisions of this chaptr, or that any sum has been forfeited
by reason of any such violation, he may cause an action or proceeding to be brought
in the name o(the lpeple for the recovery of the sae.
9f. Diposal of fines, etc. One-half of all moneys recovered, either a penalties, for-
feitures or otherwise, for the violation of any of the provisions of this chapter, and
frm flines impo)ed as a punishment for any criminal fense co itted in violation
of thef te this chapter, or of the penal code relating to the punishment of
crimlinal o4fnses colimitted in violation of the provisions of law for the prevention
of frands in the manufacture or sqle of any of the articles or products to which this
chapter relates, shall be paid by the cortt or the clerk thereof to the city or county
where the recovery shall be had or fine collected, for the benefit of the poor of such
city or county, except in the city and county of New York and the cty of Brooklyn,
NEW YORK. 413
where the same shall e paid to the proper authorities, and equally divided by them
btension funds of the police and fire departments. The residue of such
Sbe paid into the treasuy of the state, and paid out by the treasurer,
warrant of the comptroller, for the purpose of defraying the expenses of
the r of agriculture, audited by the comptroller. The same disposal shall
of all moneys recovered upon any bond given by any officer by virtue of
s of this chapter.
10. Injuntions. In an action in the supreme court for the recovery of a penalty
ture incurred for the violation of any of the provisions of this chapter an
tion may be maden the part of the people to the court or any justice thereof
an injunction to restrain the defendant, his agents and employes from the further
violation of such prvisions. The court or justice to whom such application may be
shall grant such injunction on proof, by affidavit, that the defendant hs been
guilty of the violations alleged in the complaint, or of a violation of any such provi-
sion subsequent to the commencement of the action, and in the ame manner as
n are usually granted under the rules and practice of the court. No security
on the part of the plaintiff shall be required, and costs of the application may be
ted or refused in the discretion of the court or justice. If the plaintiff shall
rover judgment in the action for any penalty or forfeiture demanded in the corn-
t, the judgment shall conain a permanent injunction, restraining the defendant,
s ant and employes, from any further violation of such provision of this chapter.
y injunction, order or judgment obtain under this section may e served on the
de t by posting the same upon the outer door of the defendant's usual place of
or where such violation was or may be committed, or in the manner
uird by the code of civil procedure, and the rules and practice of the court.
service of the injunction shall not b necesary when such ervice can not
with reasonable diligence, but the service herein provided shall be deemed
t inay proceeding for the violation of such injunction.
t1 not compelled to elect betwee cots. In an action for a penalty or
ncurred by reason of the violation of the provisions of this chapter, when
the complaint charg a violation of any two or all of such provisions, the plaintiff
Snot be comelled to elect between the counts under such different provisions,
but shall be entitled to recover if it is found that a violation of any one of such pro-
i has been committed for which a pnalty or forfeiture is impostd.
etod of smpling and anlyss, espelly of milk. When the commissioner of
aiculre, an assistant commissioner, or any person or officr authorized by the
comissioner, or by this chapter, to exmine or inspect any product manufactured
or offered for ale shall in ischarge of his duties take samples of such product, lie
shall before taking a ample, request the person delivering the milk or who has
charge of it at the time of inspection, to thoroughly stir or iilx the said milk bfore
the sample is taken. If the person s in chare refuses to stir or mix the milk as
re ted, then the ersn s reuesting shall himself so stir and mix the milk Ibfore
taking the sample, and the defendant shall thereafter le precluddl fr intoducing
evidence to show that the milk so tken was not a fair sample of the milk deliveed,
sold, offered or exposed for sale by him. The plrson taking the sam;ple of milk for
alysis shall take duplicate smples thereof in the presen: of at let one witnets,
and he ha in the presence of such witness seal hath of such sample, Ind shall
tnder, and, if accepted, deliver at the time of ting one sample to the manufacturer
or venr f sh product, or to the pleson having custloy of theme, with a state-
met in writing of the case of the taking of the sample. In taking Si~pl of milk
Ifr analysis at a creamery, factory, platform or other lace where the same is deliv-
red by the producer for manufactur, sale or shipment, or frtm a milk vendor who
prod s the milk which he sells, with a view of prnsecuting the producer of such
milk ~rlivery, sllin or oferin for sle aulteat milk. the said co nsioner
414 FOODS AND FOOD CONTROL.
of agriculture or t or his agent or agents shall
with the consent of the said producer, take a sample in aa
milk of the herd of cows from which the milk first samp and
deliver the duplicate sample to the said producer and shall e the sample taken
by himself or his agent to be analyzed. If the sample taken by the
commissioner of agriculture or his agent or agents shall upon prove to
tain no higher percentage of milk solids, or no higher percentage of fat
sample taken at the creamery, factory, platform or other place, then no action
lie against the said producer for iolation of subdivisions one, two, three,
eight of section twenty of the agricultural law. In takinga s s a
set forth from the mixed milk of the herd, it shall be the duty of the
of agriculture to have an assistant, agent or agents present during the entire time in
which the said cattle are being milked to observe closely so as to be sure that the
milk thus to be sampled is not adulterated and to see that it is thoroughly mixed so
that the sample taken shall be a fair sample of the ave
of the entire dairy or herd of cows of said producer. If, h, the said producer
refuses to allow such examination of the milk produced by his dairy then h
be precluded from offering any evidence whatever tending to show that the
delivered by him at the said creamery, factory, platform or other place was just as
it came from the cow. If the said producer does permit such examination the com-
missioner of agriculture shall, upon receiving application the send to said pro-
ducer a copy of the analysis of each of the samples of milk so taken and analyzed as
Laws of 1893, ch. 338; Cumming and Gilbert's General Laws and other Gene
Statutes, 1901, vol. 1, art. 1, pp. 159-165.
29a. Coloring matter in foods. No person or persons shall manufacture, sell or
expose for sale any poisonous coloring matter for the coloring of food products of
any kind, nor shall any person or persons use any poisonous coloring matter manu-
factured, sold, offered or exposed for sale within this state; nor shall ay person or
persons sell, offer or expose for sale any food product containing su poisonous
coloring matter. The state board of health shall cause samples of coloring
that are exposed for sale upon the market for use in food products to be analyze
and report the results of such analysis to the legislature at the next on.-A
aended by Laws of 1899, ch. 518, p. 42.
Laws of 1893, ch. 338; Cumming and Gilbert's General Laws and other
Statutes, 1901, vol. 1, art. 2, p. 173.
1. Settleent of claim under agicltural law. The comisioner of agriculture,
subject to the approval in writing of the governor and attorney-general is hereby
authorized and empowered to settle, compromise and dicharge all actions and
causes of actions, or claims arising uner the agricultural law since its s to the
passage of this act for any violation of sections twentysix, twenty-seven, twenty-
eight, and twenty-nine of the agricltural law relating to the s or use of oleo-
margarine, so called.
2. Dsposal of moneys. All moneys receiv pursuant to any settlement
be paid by said commisioner into the treasury of the te; and any
made pursuant to this act shall be reported by the said cooner in his next
Approved March 4, 189. Laws of 1895, ch. 70; Cumming and Gi s
other General Stattes 1901, vol. 1, p. 216.
[Note. For penalty section of agricultural law see Dairy Products, p. 426, sec. 37.
EW YORK. 415
d drugs dfined. The term, food, when used herein, shall include every
tand every beverage used by man and all confectionery; the trm, drug,
Sshall include all medicines for external and internal use.
4 ion defined. No person shall, within the state, anufacture, prduce,
o o brw, distill, have, sell or offer for sale any adulterated food or drug.
hall be deemed to be adulterated within the meaning of this act: A. In
he case of drugs:
If when sold under or by a name recognized in the United States pharmacopeia,
from the standard of strength, quality or purity laid down therein.
2. If, when sold nder or by a name not recognized in the United States pharma-
op but which is found in some other pharmacopeia or other standard work on
medica, it differs materially from the standard of strength, quality or purity
aid down in such work.
If its strength or purity fall below the professed stndard under which it is sold.
4. I it contains methyl or wood alcohol, in any of its form, or any methylated
reparation made from it.
B. Inthe case of food:
1. If any substance or substances has or have been mixed with it so as to reduce
r ower or injuriously affect its quality or strength.
2. If any inferior or cheaper substance or substances have been substituted wholly
r in part for the article.
3. If any luable constituent of the article has been wholly or in part abstracted.
it be an imitation or be sold under the name of another article.
If it consists wholly or in part of diseased or decomposed or putrid or rotten
Sor vegetable bstance, whether manufactured or not, or in the case of milk,
it is the produce of a diseased animal.
SI it be colored, or coated, or polished, or powdered, whereby damage is con-
or it is made to appear better than it really is, or of greatr value.
If it contain any dded poonous ingredient, or any ingredient which may ren-
r sh article injurious to the health of the person consuming it. Provided that
article of food which does not contain any ingredient injurious to health, shall
be deemed to have been adulrated, in the case of mixtures or comipounds which
y be now, or from time to tie hereafter, known as articles of fod under their
distinctive names, or which shall be labeled so as to plainly indicate that they
e mixtures, combinations, ompounds or blends, and not included in definition
ourth of this section.
8. If it contains methyl or wood alchol in any of its forms, or any methylted
paration made from it.
C. In the case of spirituous, fermented and malt liquors, if it contain miethyl or
ood alcohol in any of its forms, or any substnce or ingredient not normal or health-
Sto exist in spirituous, fermented or Ialt liquors, or which may :h deleterious or
eto health when such liquors are used as a hverage. In the ca of ale
or b if it contains any substitute for hops, or pre extract of hops, or if any such
tute is used in the manufactre thereof.
In the cse of confectionery, if it ctains terra alba, arytes, tale or other
lsubstance or poisnous colors or flavors, or other ingrdients deleterious or
em tal to health. If the standard of any article of food or any drug is not
abshed in a national pharmacopea, the state brd a of health shall, from tin
o time fix the limit for variability perissible therein. The state board a of health
ay, from time to time, with the approval or the governor, declare what articles or
tions shall be exempt frm the provisions of this artile, and publish a list of
uch articles which shall thereafter be so exempt. Every person violating any proc
of this section shall forfeit to the pepe of the state the sm o oone hundred
10944-No. 69, pt 5-4)(1
416 FOODS AND FOOD CONTROL.
dollars for every such violation.-As amended March 1,1905, Laws of 190, vol. 1,
ch. 122, pp. 183-184.
Laws of 1893, ch. 661; Cumming and Gilbert's General and other
Statutes 1901, vol. 2, pp. 2894-2895.
42. ties of state depar of health in respect to adulteration. The state depart-
ment of health shall take cognizance of the interests of the public health affected by
the sale or use of food and drugs and the adulterations thereof, and mke al n
inquiries and investigations relating thereto. It shal appoint ch public analyst
chemists and inspectors as it may deem necessary for that p, and revoke any
such appointment whenever it shall deem the persn appointed incompetent, or hi
continuance in the service for any reason undesirable. It shall, from time to time,
adopt such measures and make such regulations and declarations, in addition to the
provisions of this article, as may seem necessary to enforce or facilitate the enforce-
ment of this article, or for the purpose of making an examination or analysis of any
food or drug sold or exposed for sale in the state, and all such regulations and declar
tions made in any year shall be filed in the office of the secretary of state and pub-
lished in the session laws first published after the expiration of hirty days from such
filing.-As amended April 28, 1904. Laws of 1904, vol. ch. 484, p. 12 6.
SEc. 44. Saples to be furnished. Every person selling, or offering, or ex for
sale or manufacturing or producing any article of food, or any drug, shall upon ten-
der of the value thereof, furnish any analyst, chemist, officer or agent of the state
department of health or of any local board of health, with a sample of any such
article or drug, sufficient for the purpose of analysis or test. For every refusal to
furnish the same, the person so refusing shall forfeit to the people of the state the
sum of one hundred dollars.
SEc. 50. Report to district attorney. Upon discovering any violation of the pro-
visions of the penal code relating to the adulteration of foods and drugs, the state
department of health shall immediately communicate the facts to the district attor-
ney of the county where the violation occurred, who shall thereuon forthwith co-
mence proceedings for the indictment and trial of the person charged with
violation. Nothing in this article shall be construed to in any way repeal or affect
any of the provisions of chapter one hundre and eighty-three of the laws of
eighteen hundred and eighty-five, or the acts amendatory thereof or supplemental
thereto, or of chapter five hundred and fifteen of the laws of eighteen hundred and
eighty-nine, nor to prohibit the coloring of butter made from milk, the product of
the dairy or the cream from the same with coloring matter which is not injurious to
health.-A.s amended April 8, 190, 1,904, rol. 2, portion of ch. 484, p. 138.
Cumming and Gilbert's eneral Laws and other General Statutes, Supplement
1904, vol. 4, pp. 683-684.
164. rohiit of adulterted or mibra d food. No person or persons, rm,
association or corpration shall within this state, manufacture, produce, sell, offer or
expose for sale any article of food which is adulterated or misranded within the
mening of this act. The trm food as used herein shall iolude all articles used for
foo, confectionery or condiments by man whether simple, mixed or compound.
165. Defnition of adultterated or misbranded food. In the case of confectionery, an
article shall be deemedto be adulterated if it contain terra alba, yt c, chrome
yellow, or other mineral sutances or poisonous colors or flavors, or other ingredi-
ents deleterious or detrimental to health. In the case of food an article shall be
deemed to be adulterated:
First. If any substance or substances has or have been mixed or packe with t so
as to reduce or lower or injuriously affect it quality or trength, so that such
product, when offered for sale, shall deceive or tend to deceive the urch
NEW YORK. 417
any substance or substanes has or ve bn substituted wholly or in
article, so that the product, when sold or ofered for sale, shall deceive
tendtodeceive the purchaser.
If ay valuable constituent of the article has been wholly or in part
o atthe product, when sold or offered for sale, shall deceive or tend
If it contains any added poisonous ingredient or any ingredient which
such article injurious to the heath of the person consuming it.
it consists in whole or in part of a filthy, decompose(, or putrid animal
substance, or any portion of a animal unfit for food, whether manu-
or not, or if it is the product of a disease animal, or one that has died
therwise than by slaughter
If it contains methyl or woo alcohol, in any of its forms, or any methyl-
ted preparation made from it.
S cle of food shall be deeed to be misbranded:
If it be an imitation of or offered for sale under the distinctive name of
If it be mixed, colored, powdered, or stained in a manner whereby dam-
or inferiority is concealed, so that such product, when sold or offered for sale,
ve or tnd to deceive the purchaser.
If the package containing it or its label shall bear any satement rearding
heg ients or the substances contained therein, which statement shall be false or
Sin any particular, or if the same is falsely branded as to the state or terri-
in which it is manfactured or produced: Provided, That an article of food
does not contain any added poisonous or deleterious ingredients shall not be
to be adulterated or misbranded in the following cases:
In the case of mixtures or compounds which may be now or from time to
ie h r known as articles of food, under their own distinctive names, and not
in definition first of misbraned articles of food in this section.
In the case of article labeled, branded, or tagged so as to plainly indicate
they are mixtures, c pounds, combinations, imitations, or blends: rovided,
the e shall be labeled, bnd, or tagged so as to show the character and
ituents thereof: and provided further, that nothing in this act shall be construed
arequiring or compelling proprietors or manufacturrs of proprietary foods which
ntain no unwholesoe added ingredients to disclose their trade formula, except
Sso far as the provisions of this act may require to secure fredom from adulteration
Simitation.-s aned Marh 4, 1905, Laws of 1!0, md. 1, ch. 100, pp. 140-14.
Added to aw of 1893, eh. 338, by Laws of 1903, vol. 2, ch. 524, p. 1191; Cum-
ing and Gilbert's General Laws and other General Statutes, Supplement 1904,
. 4, 11, pp. 40-42.
ALCOHOLIC BEV ERAGE'."
48. A y of spirituous, for m(A ltiors. The state department of
th shall at leat once in each calend yr cause spls to be procure in the
bli market or otherwise of the spirituous, fermented or malt liquor, distilled,
wed, manufactured, sld or offer for sale in each brewery and distillery locat
thi tate Such saples shall kept in vssls in a ondition to obtain a piror
t and analysis thereof. Sch vessels shall be properly labeled and numibered,
an accurate list kept of the names of the ditillrs, brwe and vdors of the
iquor from which the samples were taken, and opposite each name shall appear
number which is writt or print on the label attahed to the vs cntain-
aSee also General Food Im p. 415, see. 41 C.
418 FOODS AND FOOD CONTROL.
ing the sample. uch lists, number and labels shll be exy r the informa-
tion of such department and shall not be disclosed orpublished upon discov-
ery of some deleterious substance therein prior to the compl of the analysis or
required in evience in court. When listed and numbered, every such ample shall
be delivered to an analyst, chemist or officer of the department and shall be desig-
nated and known to him only by its number, and by no other mark or designation
A test or analysis of such ample shall be made by such analyst, chemist or officer,
which will deterine the ingredients or component parts thereof. Te result of
such test or analysis shall immediately repord by the person making the same
to the department setting forth explicitly the nature of any deleterious substance,
compound or adulteration found therein which may be detrimental to public health,
and the number of samples in which it was found. Any brewer, distiller or vendor
in whose samples any such substance, copound or adulteration is found upon any
such test or analysis, shall be deemed to have violated the provisions of this article,
prohibiting the manufacturing, having, selling or offeri for adulterated food.-
As amended April 28, 1904, La ts of 1904, vol. 2, ch. 484, p. 1. 7.
Cumming and Gilbert's General Laws and other Generl Statutes, Supplement
1904, vol. 4, pp. 683-684.
46. Adultration of wines. All wines containing alcohol, except such as shall be
produced by the natural fermentation of pure undried fruit juices or compounded
with distilled spirits, whether denominated as wines or by any other name, which
may be used as a beverage or compounded with other liquors intended for such use,
and all compounds of the sae with pure wine, and all preserved fruit juices com-
pounded with substances not produced from undried fruit in the nature of or
intended for use as a beverage or for use in the fermentation or preparation of
liquors intended for such use, and all wines, imitations of wines or other beverages
produced from fruit, which shall contain any alum, baryta salts, caustic lime, car-
bonate of soda, carbonate of potash, carbonic id, salts of lead, glycerine, salic acid,
or any other antiseptic, coloring matter, not produced from undried fruit, artificial
flavoring, essence of ether, methyl or wood alcohol, in any of its fors, or any other
foreign substance injurious to health, shall be known as or deemed to be adulterated
wine, and shall not be sold, offered for sale or manufactured with intent to sell
within this state; and all such wine and every such beverage shall be deemed a pub-
lic nuisance and forfeited to the state and shall be sunmarily seized and destroed
by any health oflicer within whose jurisdiction it shall be found, and the reasonable
expense of such seizure and destruction shall be a county charge.-As amnded
March 31, 1905, as of 1905, rol. 1, ch. 122, p. 184.
47. Pure rine defined. For the purpose of this article, pure wine shall be deemed
to mean the fermented juice of unried grapes or other undried fruits, but the addi-
tion of pure sugar to perfect the wine or of pure distilled spirits to preserve it, not to
exceed eight per cent of its volume, or the use of things nce to clarify and fie
the wine not injurious to health shall not be construed as adulteration, if such pure
wine shall contain at least seventy-five per cent of pure grape or other unried fruit
48. IbIf wine and mad e in deined; stams and b bels. For the purpose of this
article, any wine which contains less than seventy-five and more than fifty per cent
of pure grap or other undried fruit juice and is otherise pure shall be known as
half wine, and upon each and every package of such wine manufactured with the
intet to sell, or sold or offered for sle by any pcVron within this state if contain-
ing more than three gallons, there shall e stamped on ath ends of the pa e con-
taining the same in black prlnted letters, at least one inch in height and of proper
proprtion in width, the words "half wine;" and if tainig ore than one quart
and not more than three allons there s l be stamed on each i lain
NEW YORK. 419
letters, at least one-half inch high and of proper proportion as to width,
the wos "half wine;" and if in a packae or bottle of one quart or less, ther shall
Sa lael securely pasted thereon, having the words "half wine" plainly
tin black letters at least one-quarter of an inch high and of proper proportion
th. any number of small packages is inclosed in a larger package, as a
case or basket, such outside packa shall have thereon the stmp "half
w letters of a size according to the size of such outer package. Every person
wh shall sell, offer fr sale, or manufacture with the intent to sell, within the state
any wine containing less than fifty per centum of pure grape or other undried fruit
juice and otherwise pure, shall cause all the packages containing the same to be
stamped, marked and labeled with the words "made wine" in the sare manner as
"half wine" is required in this section to be stamped, marked and labeled, and all
such wine shall be known and sold as "made wine."
49. P lties. Every person who manufactures with intent to sell, sells or offer
for sale within the tate, any wine of a kind or character, the manufacture, sale or
offering for sale of which is prohibited by this article, or which is not stamped,
marked or laeled as reuired by this article, shall forfeit to the county wherein such
manufactre, ale or offering for sale takes place, the sum of one-half dollar for each
gallon thereof so sold or manufactured with the intent to sell. The provisions of
the thr preceding sections of this article shall not apply to medicated wines which
are put up and sold for medical purposes only.
Laws of 1891, ch. 661; Cuniming and G(ilbert's General Laws and other General
Statutes 1901, vol. 2, pp. 2897-2899.
111. Drainae and plumbing of buildings and robos occped y bakeries. All build-
sor rooms occupied as biscuit, bread, pie or cake bakeries, shall be drained and
plumbed in a manner conducive to the proper and healthful sanitary condition
therof, and shall be constructed with air shafts, windows or ventilating pipes, suffi-
ient to insure ventilation. The factory inspector may direct the proper drainage,
plumbing and ventilation of such rooms or buildings. No cellar or baement, not
now used for a akery shall hereafter be so occupied or used, unless the ploprietor
shall comply with the sanitary provisions of this article.
I12,. q1uiroemnts as ,to rooms, furniture, dutesilsx and mmnufiatil red prod 1 tIs. Every
room used for the manufacture of flour or meal food products shall be at least eight
fet in height and shall have, if deemed necessary by the factory inspector, an
impermable floor constructed of cement, or of tiles laid in cement, uorn nadditional
flooring of wood prperly saturated with lineed oil. The side wall f such ro*ms
all e plastered or wainscoted. The factory inspector, ay require the side walls
and ceiling to be whitewashed, at least once in three months. lie may also require
the wood work of such walls to be painted. The furniure and uttsils shall e so
arranged as to be r il cleansed ad not prevent the proTpr cleaning of any 'prt
of a room. The mianufactured flour or meial fild l)roducts s.hall be kept in dry and
ry roms so arranged that the floor, shelves and all other facilities for storing the
ae can be porly cleaned. No domestic animals, eceplt cats, shall Ib allowed
to remain in a row used as a hisuit, bread, pie, or cake bakeryr r any room in
such bakerywhere lour or meal product are stored.
11.3. h-rom and ;closets sl eing plaetr Evtry asch uakery slhll I pnrvide
with a proper wasl-ruIml and watr-cloet or water-closets a prt fr0om the Iake-om,
or rooms where the manuilultr of such food prdluct is condiasic and nol wiater-
cet, arth-cloet, privy or sh-pit shall be within or conn1ecte dirctly with the
+bake-roo of any bakery, hotel or public restaurant.
o nerson shall sleep in a rim ol ied a bake-rnon. leping plaes for tr he
420 FOODS AND FOOD CONTRL
persons employed in the bakery shall be separate from the flour or
food products are manufactured or stored. If the sleeping are on
flo r where such products are manufactured, stored or the factory
may insect and order the put in a proper sanitary condi
114. pect bakeries. The facto inspector shall all akeri to
inspected. If it be found upon such inspection that e
constructe and conducted in complinc with the provisions of this hapter,
factory inspector hall issue a certificate to the persons owning or conducting
115. Notice reuirig alteratis. If, in the opinion of the factory inspector, al
ions are required in or upon preises occupied and used as akeries, in order
comply with the provisions of this article, a written notice shal be served by hi
upon the owner, agent or lessee of such premises, either personally or by mail,
requiring such alterations to be made within sixty days after such service, and suc
alterations shall be made accordingly.
Laws of 1897, ch. 415; Cumming and Gilbert's Generalaws and other Gen
Statutes, 1901, vol. 2, art. 8, pp. 2080-2082.
30. Labeling of canned goods; alty. No packer of or dealer in heretically
sealed, canned or preserved fruits, vegetables or other articles of food within this
state, excepting canned or condensed milk or cream, shall sell or offer the same for
sale for consumption within this state, ules the cans or jars containing the same
shall have plainly printed upon a label thereupon, with a mark or term clearlyndi-
cating the grade or quality of the articles contained therein, the e, address and
place of business of the person or corporation canning or packing them, or the name
of the wholesale dealer in the state selling or offering the sae for sale, and the nae
of the state, county and city, town or village where paked, receded by the word
If containing soaked goods or goods put up fro products dried or cured before
canning, there shall also be printed upon the face of such label in good legible type,
one-half of an inch in height and three-eighths of an inch in width, the word
Goods imported from foreign countries of foreig manufacture hall not be subject
to the provisions of this section.
Any person violating any of the provisions of this secton shall forfeit o the city,
village or town where the violation occurs, the sum of fifty dollars, if a retail dealer,
and the sum of five hundred dollars if a wholesale dealer or packer.
Laws of 1896, ch. 376; Cumming and Gilbert's General Laws d other General
Statutes, 1901, vol. 1, pp. 1053-1054.
See General Food ws, p. 415. S. 41 1).
20. Adulterad milk, btter, and cheese id. Te tes,uttera eee,wen
used in this article, mean, the products of the dairy, usually kon by those ,
which are manufactured exclsively from pure, unadulrated ilk or cre or both,
witl or without salt or rennet, and with or without coloring matter or sage. The terms
oleomargarine, butterine, imitation butter or imitation cheese, shall be construed to
ase also General Food Laws.
NEW YORK. 421
or substance in the semblance of butter or cheese not the usual
product of the dairy, and not made exclusively of pure and unadulterated milk or
Sarticle or substance into which any oil, lard or fat not produced
or cream enters as a component part, or int which melted buter or butter
or state, or any oil thereof has been introduced to take the place of
cream. The term, adulterated milk, when so used, means:
ilcontaining more than eighty-eight per cntu of water or fluids.
containing less than twelve per centum of milk solids.
k containing less than three per centum of fats.
SMilk drawn from cows within fifteen days efore and five days after parturition.
drawn from animals fed on distillery waste or any substance in a state of
tation or putrefaction or on any unhealthy food.
6. Milk drawn from cows kept in a crowded or unhealthy condition.
SMilk from which any part of the cream has been removed.
8. Milk which has been diluted with water or any other fluid, or to which has
be ed or into which has been introduced any foreign substane whatever.
All adterated milk shall be deeed unclean, unhealthy, impure and unwhole-
The terms, pure milk or unadulterated milk, when used singly or together
sweet milk not adulterated, and the terms pure cream or unadulterated cram,
used singly or together mean cream taken from pure and uadlterted milk.
re andfeed of co. No peson shall keep cows, for the production of milk
for mket or for sale or exchange, or for anufacturing the milk or cream from the
nto any article of food, in a crowded or unhealthy condition, or feed any such
cows on distillery waste or on any substance in the state of putrefaction or fermenta-
Sor upon any food that is unhealthy or that produces impure unhealthy, diseased
e milk. But this section shall not be construed to prohibit the feed-
of the sale of adterated ilk, iitatio cream, a regulating the s
No person shall sell or exchange, or offer or expose for ale or
any unclean, impure, unhealthy, adulterated or unwholesome milk or any
from the same, or y unclean, impure, nhealthy, adulterated, colod, or
wholesome cream, or sell or exchange, or offer or expose for sale or exchange,
in imitation or semblance of cream, which is not cream, nor sall they
or exchange, or offer expose for sale or excange any such substace as and
cream or sell or exchange or offer or expose for sale or exchange any article of
food made from such milk or crea or manufacture from any such milk or crea
y article of food No person shall sell or exchange, or offer or expose for sle or
, and for certified milk, any milk which as not been duly examine by
a competent person to make such examination and which has not been fond
such examination to be free from antiseptics, added preservatives, and pathogenic
or bacteria in excessive numbers. All milk sold certid milk shall be
csy marked with the name of the association certifyingt.-A amendd by
Laws of 19, ch. 101, Las of 1904, vol. 2, chs. 40 and and Laws of 1905, rd. ,
c p. 147; Cunmiug and Gilbert's General Liqe anmd other General S atutee,
plee 1904, ol. 4, p. 18.
8. R t in reard to butter d chse factories. N person shall sl, supply
or bring to be manufactured to any buttr or cheese factory any milk diluted with
water, or any unclean, impur, unhealthy, adulterated or unwholesome milk, or
from which any of the cream has been taken, exct pure skim milk t skim-
cheese factories. No peso shall sell, supply or bring to be manufactured to any
robut r cheese factory any milk fran which there hsm been kept back any part of
temilk commoly known as strippings, or any milk that is sor, vexcept pure skim
to skii-chese factoris. The owner or pmprietor or the persm having charg
y butter or cheee ftry, not big all the milk ued by him, shall not use
422 FOODS AND FOOD CONTROL.
for his own benefit, or llow any of his employees or any to use fhi
own benefit, any milk, cream, butter or cheese or any other p
to such factory, without the consent of the owners of such milk or the prod
thereof. Every butter or cheese manufacturer not buying all the milk he uses,
keep a correct account of all the milk daily received, of the number of
butter and cheese made each day, and the number of and te w
of chese and butter disposed of each day; which account shall be open to i
to any person who delivers milk to such factory. Whenever anfacturers of butter
or cheese purchase milk upon the basis of the amount of fat contained therein and
use for ascertaining the amount of such fat what is known as the Babcock test, or
whenever the proceeds of cooperative creameries and cheese factories are allotted on
the basis of determinations of milk fat by the Babcock test, the bottles and pipette
used in such test shall before use be examined by the director of the New York
agricultural experiment station. If such bottles are found to be properly constructed
and graded so as to accurately show the amount of fat contained in milk, each of
them shall be legibly and indelibly marked "S. B." No bottle shall be so marked
except as herein provided nor shall be used in any such test by such manufacturers,
unless so examined and marked. The acid used in making such test by such manu-
facturers shall be examined from time to time by competent chemists employed by
the commissioner of agriculture and if found not to be of sufficient strength the use
of such acid shall be prohibited. No person or persons receiving or purchaing milk
or cream upon the basis of the amount of fat contained therein, shall credit any
patron or patrons delivering milk or cream thereto with a greater or lesser percentage
or average percentage of fat than is actually contained in the milk or creaso deliv-
ered. The commissioner of agriculture or persons employed by him for that pur
pose may at any time assist in making tests of milk received at a butter or cheese
factory for the purpose of determining the efficiency of tests usually made at such
factory. All persons using other than standard bottles or acid which is not of the
required strength to accurately determine the amount of fats in lk or crediting
any patron or patrons delivering milk or cream with a greater or lesser percentage
or average percentage of fat than is actually contained in the milk or cream so deliv-
ered, shall be subject to the penalties prescribed by section thirty-seven of this arti-
cle, and shall be guilty of a misdemeanor.-As ameded by La of 1900, ch. 544, Law
of 1901, vol. 2, ch. 29, p. 1118, and Laws of 1905, vol. 2, ch. 601, pp. 1485-1486
24. Recptales-protecton of oers. No person or persons shall hereafter with-
out the consent of the owner or owners, shipper or shippers, use, sell, dispose of,
buy or traffic in any milk can or cans, jar or jars, bottle or bottles, crea can or cans,
jar or jars, bottle or bottles belonging to any dealer or dealers shipper or shippers of
milk or cream residing in the state of New York or elsewhere, who may ship milk or
crearn to any city, town or place within this state, having the nae or initials of the
owner or owners, dealer or dealers, shipper or shippers, stamped, arked or fastened
on such an or cans, jar or jars, bottle or bottles, or wilfully mar, erase or change by
remarking or otherwise said name or initials of ny such owner or owners, dealer or
dealers, shipper or shipers, so stamped, rked or fatened upon said can or cans,
jar or jars, bottle or bottles. Nor shall any person or persons without the consent
of the owner nse suc ca or cans, jar or jars, bottle or bottles, for any other purpose
than for milk or crea; nor shall any person or persons without the consent of th
owner place in any such can or cans, jar or jars, bottle or bottles, any bstance or
subtance, product or products other tan milk or crea.-A aended by s of
1901, ch. 375, and Laws of 1904, rol. 1, ch. 16 00; mg and Gilb's Geral
La(s and other (;eneral Statutes, u applement 1904, rol. 4, p. 19.
2,. Regulats in rerd to ndensed milk. No condensed milk hall be made or
offered or exposed for sle or exchange unles manfactured fr pure, clean, healthy,
fresh, unadulterated and wholesome milk from which the cream has not been
NEW YORK. 423
wholy or in part, or unless the proortion of ilk solid shall be in
quantity the equivalent of twelve per centum of milk solids in crude milk, and of
twenty-five per cetum shall be fats. No person shall anufacture, el
e or exchange in heretially sealed cans, any condensed milk unless
upon which shall be distinctly labeled or stamped the name of
th oor ration by who made and the brand by which or under which
SWhen condensed milk shall be sold from cans or packages not hermeti-
the vendor shall brand or label such cans or packages with the nme
r of the milk contained therein.-As amended by Laws of 1893, ch.
4, and Laws of 1894, ch. 143.
fature and sale of itatio btter prohibited. No person by himself, his
Sor employe, shall produce or manufacture out of or from any animal fats or
or vegetable oils not produced from unadulterated milk or cream from the
the article known as oleomargarine or any article or product in imitation or
of natural butter produced fro pure, unadulterated milk or cream of the
s ; or mix, compound with or add to milk, cream or butter any acids or other
ous substance or any animal fats or animal or vegetable oils not produced from
or cream, so a to produce any article or substance or any human food in
tion or in semblance of natural butter, nor sell, keep for sale or offer for sale
y arti, substance, or cmpound ade, manufactured or produced in violation
provisions of this section, whether such article, substance or compound
be made or produced in this state or elsewhere. Any.person manufacturing,
offering, or exposing for sale any commodity or substance in imitation or
blance of butter te product of the dairy, shall be deemed guilty of a violation of
agricultural law, whether he sells such commodity or substance as butter, oleo-
or under any other name or designation whatsoever and irrespective of
anyp tations he may make relative to such commodity or substance. Any
in any article or product, the manufacture orsale of which is prohibited by
act, ho shall keep, store or display such article or product, with other mer-
or stock in hi place of business, shall be deemed to have the sae in his
possession for sale.-As amended by Laws of 1894, ch. 46, Laws 1897, ch. 768, and
L 1 rol. 2, ch. p. 986; ing nd lbert's General Laws and other Gc-
al Statutes, Sppleent, 1904, ol. 4, pp. 19-20.
2I. Imitin butter and cheese; reated butr to be labeld. No persn shall manu-
mix or compound with or add to natural milk, cream or butter any animal
or animal or vegetable oil, nor make or aufacture any oleinous substace
tproduced from milk or cream, with intent to sell the same as butter or cheese
from unadulterated milk or cream or hve the same in his possession with such
tt; nor shall any person solicit or take order for the same or offer the .me for
nor shall any such article or substance or compound so mlde or 1prouced, e
d as and for butter or cheese, the product of the dair. No persn shall coat
der or color with annatt or any cloring matter whateer, butterine or ole-
ogri r ay com und of the same or any product or mafacture made in
hole or in part from animal fats or animal or vegtable oils not produce fr
unadulterted milk or cream by mans of which such product, maufacture or coin-
u shall resemble butter or cheese, the product of the dairy; nor shall he have
he same ins p ion with i ntnt to sell the sme nor s lhall ie ll or offer to
ell the s No persn by himself, his agents or employt s, shall manfaur,
, offer or expose for sle, butter that is producd by taking oriial packig stock
butter r oth and melting the same, so that the butter fat can he drawn
then mixig the said butter fat with skimm milk or milk or crvam or other
lkrduct and rechuri the said mixture, or that is pduced by any similar
and is co nly known as Nile or proess butter, unles h shall plainly
or mark the kage or tub or wraper in which the same is put up in a con-
424 FOODS AND FOOD CONTROL.
picuous pla with the word "renovated butter." be
sold, offered or exposed for sale in prints or rolls, then the or
be labeled plainly with printed letters in a conspicuous place on the wrapper with t
words renovated butter." If the same is packed in tubs or boxes or pails or
kind ofa case or package the words "renovated butter" be printed on the
and side of the same in letters, at least, one inch in length, so as to be plainly
by the purchaser. If uch butter is exposed for sale, not in a
, a placard containing the label so printed shall be attached to the of
in such manner as to be easily seen ad read by the Nopersonhall
offer or expose for sale, any butter or other dairy products containing a p
but this shall not be construed to prohibit the use of salt in butter or cheese,
spirituous liquors in club or other fancy cheese or sugar in condensed milk. No
son or persons, firm, association or corporation shall induce or attempt to induce
person or persons to violate any of the provisions of the agricultural law. Any
son, firm, association or corporation selling, offering or advertising for sale any
stance, preparation or matter for use in violation of the provisions of the agricul
law shall be guilty of a violation of this act.-As amended Laws of 199, .
and Laws of 1900, ch. 534.
28. Prohibited articles in hotes, etc No keeper or proprietor of any bakery, ho
boarding-house, restaurant, saloon, lunch-counter or place of public entertainme
or any peron having charge thereof or employed theret, or any person furnish
board for any others .than members of his own family, or for any employes wh
such board is furnished for a compensation or as part of the compensation of a
such employe, shall keep, use or serve therein either as food for his guests, board
patrons, customers or employes or for cooking poses any article or s ta
made in violation of the provisions of this article.
29. Use of coloring matter i iitation butter d ceese. No person manufacturi
with intent to sell any substance or article in imitation or semblance of butter
cheese not made exclusively from unadulterted milk or creamor both, with a
or rennet or both and with or without coloring matter or sage, but into which any
animal, intestinal or offal fats, or any oils or fats or oleaginous substance of any ki
not produced from pure, unadultrated milk or cream, or into which melted butte
or butter in any condition or state or any modification of the same, or lard or tallow
shall be introduced, shall add thereto or combine therewith y annatto or co
pounds of the same, or any other substance or substances whatever, for the purpo
or with the effect of imparting thereto a color resembling yellow, or any shade of
yellow butter or cheese, nor introduce any such coloring matter or other substn
into any of the articles of which the same is composed.
0. anufactre and sle of imitation cheese. No person shall manufacture, deal in,
sell, offer or expose for sale or exchange any article or substance, in the semblance
or in imitation of cheese made exclusively of unadulterated milk or cream, or bot
into which any animal, intetinal or offal fats or oils, or melted butter or butter
any conition or state or modification of the sae, or oleaginous substances of a
kind not produced fro unadulterated milk or cream, shall be introdued.
81. Skii-milk or skim cheese e.emt if sold as such. Except in the counties of New
York and Kings, the prohibitions contained in this article a the sale of ad-
terated milk shall not apply to skin-m ilk, which is clean, pure, healthy, wholes
and unadulterated, except by skinming, sold for use in the county in which it is p
duced or an adjoining county, if it is sold for and as ski ed ilk. The prohi
tions in this article again the le of cheese de from unadlterated milk or
shall not apply to pure skim-cheese made from milk which is clean, pure, health
wholesome and unadulterated, except by skimming.
82. Unwlean receptarces and places for keping milk; notice to vlaor of pro
No person, firm, association or corporation, producing, buying or receiilk f
NEW YORK. 425
he se ing the same for consumption as such, or for manufacturing the
heese, condensed milk, or other human food, shall keep the same
vessels, room or rooms, building or building that are unclean or
surroundings or drainage, or in any condition whatsoever that would
or promote conditions favorable to unhealthlns or disease. The
of iculture shall notify all persons, firms, associatio or corpora-
secton, to clean said utensils, cans, vessels, room or roos,
S, cr to so improve the sanitary conditions that the law will not
eo and if such notice is complied with in ten days' time, Sundays exceptd,
on hall lie for a iolation of this section. Any person or persons haing
of any milk gatering station where milk is bought or received from the
or thepurpose of selling the same for cnsumption or shipping the same
for consuption as human food before taking such charge or operating or
Sas suh agent or person in charge shall apply to the commissioner of agri-
for a license to so work or operate or have charge, and shall at the time of
such application, file with the commissioner a statement under oath, stting
the fact that he will not while having charge of or operating any such ilk
establishment or while employed therein adulterate or suffer or p.erit the
teration of any such milk or any product thereof during the term for which he
y licensed. After the applicant shall have compli with the forgoing pro-
s of t section, the commissioner of agriculture upon being satisfied that the
t is a person of good moral character and a qlified and proper er-n to so
of or operate any such milk gathering station or eablishment shall issue
Ssd applicant, a license which hall qualify him to have charge of any such milk
station or establishment for the period of two yeas from the date of such
Any person or persons having charge of ay milk gathering station or
ent as aforesaid, shall keep a true and correct daily record f the receipts
ilk or other dairy products received at such station or establishment and a true
correct dail record of all sales or shipments of milk, cream and dairy products
pped or sold from such station or etablishment.Which ecord shall be prrve
station or establishment forat least two ars after the same shall have been
and such records shall all times e oen to the inspection of the coinmis-
of agriculture or his asistants. If any such person so duly license shall
er violate any of the provisions of the agricultural law relative to milk or the
ucf he shall forfeit his license and shall be disqualified for a period of
e years from being again licensed by the commissioner of agriculture. The com-
oner of agriculture hall have the poer to issue subponas to be attested by
in his official capacity to ay person or persons whom he may have reasn to
Sknowledge of any alleged violation of the agricultural law, to appear
Shim or any of his assistant comiioners of agriculture for the purps of
Sveiga lleg violation of the agricultural law. Any prson or persons who
omit, lect or refuse to obey subpoenas attestd in the name of the cominis-
of agriculture or who sll refuse to testify under th before the conmissioner
f or his assistant cmmissioners of agricultur, is guilty of a misdemeanor.
ier of agriculture and his sistant cmmissior of agriculture are
authorized and empowered to administer oaths nd affirmations in the usual
te fos to any person or persons in any matter or p ings authorized
sf d and in all matte pertanin or relating to the agricultural law and to
and administer oaths and affirmations, in the usual appropriate forms, in taking
ny affivit or deposition which may e n r or reuire by law or by any
rder, rule or regulation of the connissioner of agriculture for or in connection with
e official purpose, affairs, powrs, duties or proceedings of said comnissioner of
or his assistant commissioner of agriculture or any official puos w-
Sauthorized said co issioner of ariculture. The co iioner of agricul-
426 FOODS AND FOOD CONTROL.
ture or his assistant comissioners of riculture shall have owerin
cases to issue subpoenas duces tecum. Such subpoena or subpoena duces tum
be served by any person over the age of twenty-one years. Any n wo sh
make any false statement under oath before the commiioner of agriculture or
his assistant commissioners of agriculture, is guilty of perjury.- aend by
of 1898, ch. 153, March 28, 1904, by Laws of 1904, vol. 1, ch. 168, p. 300, and Februa
25, 1905, by Laws of 1905, vol. 2, ch. 603, pp. 1488-1490; Otmming and Gilbert's
Laws and other General Statutes, Supplement 1904, rol. 4, p. 2i.
33. a acturer's brand of cheese. Every manufacturer of full-milk cheese ma
put a brand or label upon such cheese indicating -milk cheese," and the
of the month and year when made; and nd person shall use uch a brand or label u
any cheese made from milk from which any of the cream has been taken. The o
missioner of agriculture shall procure and issue to the cheese manufacturers of
state, on proper application therefor, and under such regulations as to the custody
and use thereof as he may prescribe, a uniform stencil brand or labels bearinga suit
able device or motto, d the words, "New York state full-cream cheese." Ev
such brand or label shall be used upon the outside of the cheese and shall bear
different number for each separate factory. The commissioner ha keep a book,in
which shall be registered the name, location and number of each manufactory us
the brands or labels, and the name or names of the persons at each manufcto
authorized to use the same. No such brand or labels shall be used upon any other
than full-cream cheese or packages containing the same.-As amended by La of 89,
ch. 559, and Laws of 1904, vol. 1, ch. 27, p. 79; C ing ad Gilbert's Geeral La
and other General Sute, Suppleent 1904, vol. 4, pp. 21-22.
34. False brands on butter or cheese. No person shall offer sell or expose for sale,
in any package, butter or cheese which is falsely brande or labeled.
35. County trade-mark for butter and cheese. At a regular or special meetingof a
county dairymen's association in any county of the state there may be adopted a
county trade mark, by a majority of the members present and voting, to be used as
a trade-mark by am a person manufacturing pure unadulterated butter or full-crea
cheese in such county. The secretary of the association shall forthwith send to the
commissioner of agriculture a copy of such trade mark, which copy he shall place on
file in his office, noting thereupon the day and hour he received the sae. But one
county trae mark for butter and for cheese shall be placed on file for the same county.
No association shall adopt any trade mark of any county already on file, or use that
of any other county in the formation of a trade mark.
36. Reason for law. This article and each section thereof are declared to be
enacted to prevent deception in the sale of dairy products, and to preserve the public
health, which is endangered by the manufacture, sale and use of the articles or sub-
stances herein regulated or prohibited.
37. Penalties for riolation of aricultural lar. Every person violating any of the
provisions of the agricultural law shall forfeit to the people of the state of New York
the sum of not less than fifty dollars nor more than one hundred dollars for the first
violation and not less than one hundred dollars or more than two hundred dollars
for the second and each subsequent violation. When such violation consists of the
manufactnre or production of any prohibited article, each day during which or any
part of which such manufacture or production is carried on or continued, shall be
deemed a separate violtion of the provisions of this article. When the violation
consists of the sale, or the offering or exposing for sale or exchange of any prohibited
article or sulbtance, the sale of ach one of several packages shall constitute a sep
rate violation, and each day on which any such article or ubstanc is offered or
exposed for sale or exchange shall constitute a separate violation of is article
NEW YORK. 427
e f any such article or substance prohibited, each day during which
r any ptof which said article or substance is so used or furnished for use, shall
ua separate violation, and the furishing of the same for use to each person
Swho the same may be furnished shall constitute a separate violation. Whoever
or another violates any of the provisions of articles two, three, eight,
Sor sections ninety-one and ninety-two of the agricultural law or of
apte u undred and ninety-one, laws of eighteen hundred and ninety-eight,
of a misdemeanor, and upon conviction shall be punished by a fine of
fifty dollars, nor more than two hundred dollars, or by imprisonment
f l than one month nor more than six months or by both such fine and
t, for the first offense; and by six months imprisonment for the second
fense.-As amended y laws of 1897, ch. 554; Laws of 1898, eh. 558; Laws of 1899, ch.
5; L s of 1900, cs. 76 and 559; Laws of 1901, ch. 656.
of 1893, ch. 38; Cmming and Gilbert's General Laws and other General
utes, 1901, vol. 1, art. 2, pp. 165-176.
1 e of imitation dairy procs in stte institutios. No money appropriated by
for maintenance and support in whole or in part of a state institution; nor
y received by a charitable, benevolent, nal or reformatory institution from
te, or from a county, city or town thereof, or appropriated by such county, city
town for the maintenance or support in whole or in part of such institution; nor
ney belonging to or used for the maintenance or support of such institution, shall
expended for the purchase of, or in payment for butterine, oleomargarine, lard
or articles or products in imitation or semblance of natural butter or chees
uced from pure unadulterated milk or cream from the same, which articles or
uct have been rendered or manufactured in whole or in part from animal fats,
anal orvegetable oils not produced from unadulterated milk or cram from the
SDt of oficer of sate instit tion No officer, mnager, superintendent or agent
an institution enioned in the first section of this act, shall purchase for the use
such institution articles or products for the purchase of which the money appro-
i by law, or by a couty, city or town, is forbidden to be used by this act, and
Sperson shall l to, or for the use of such institution, such articles or products.
orshall such articles or products be used as articles of foo or for cooking purposes
such institutions within t state.
Lws of 1893, ch. 364; Cunm ing and Gilbrt's General Laws and other General
tes, 1901, vol. 1, p. 216.
6 Sarh warrani for s td airy prodiuts. A search warrnt, in the name of
people, directed to a peace fier comanding him to search for dairy prducs,
itations thereof and substitutes therefor, to open any place of business, factory,
ilding, store, bakery, hotel, tavern, oarding-house, restaurant, saloon, lunch
ounter, place of public entertainment, carriage, car, oat, pckage, vesse, rel, box,
or cn, containing, or believed t contain th same, in the possession or under the
trol of any persn who shall refs to allow the same to be insectd or sa~ ple
ak therefrom by the said co iioner, aistnt cmnisioner, or such experts,
emi gents, or counsel a sch commiiasoner r asistant co 1ussioner shall
y athorize for the rpose, or to which accss is refusd or prven d t
lw and enable the offier mentioed in secon twelve applying therefor to take
Samples of dairy procts, imittions thereof and sulitutes therefor, found in
Sexection of the warrat, as the officer applying for th search warrat sall
egnatewhen the same are found, shall be issued by any magistrate to whom appli-
iis mae therfr whenever it shall be made to ap: r to him that such person
428 FOODS AND FOOD CONTROL.
hasrefaed to permit any dairy products, imitations th
to be inspected or samples taken therefrom, or that
mentioned in section twelve has been refused or prevented, and that such officer has
reasonable grounds for believing that such person has any imi
thereof or sbstitutes therefor in his on, or under his or he is
violating ay of the provisions of this act. The provisions of seven h
and ninety-one to section eight hndred and two, both in ve of the Code of
Criminal Procedure, shall apply to such warrant as far as appli thereto. The
peace officer to whom the warrant is delivered shall make a return in writing of his
prceedings thereunto b to the magistrate who issued the
Cumming and Gilbert's General Laws and other General Statutes 1901 l. p. 215.
45. Seizure of milk. When a health officer or other official shall seize or destroy
or cause to be seized or destroyed any milk, he shall take a samle of such milk in
the presence of at least one witness, and shall, in the presence of such witness, seal
such sample and tender it to the vendor or person in chae f milk, and if
accepted, shall also deliver therewith, a statement in writing of the ate and cause of
such seizure or destruction. Any health officer or other oting the provi-
sions of this section, shall be liable to a penalty of fifty dollars, to be recovered by
the persn aggrieved.
Laws 1893, ch. 661; Cumming and Gilbert's General Laws and other General Stat-
utes, 1901, vol. 2, p. 2897.
SEc. 185. Eaporated apples-prohib No person shall sell, expose or offer for
sale as and for evaporated apples any evaporated apples intended to be used for food,
or for consumption by any person, other than standard evaporate apples.
S. 18. Eaporated apples-tandard. Evaporated apples containing not more
than twenty-seven per centum of water or fluids as determined by drying for four
hours at the temperature of boiling water shall considered standard eporated
apples for the purposes of this act.-Added April 6, 1904, by of 104, rol. e, c.
391, p. 991.
Laws of 1893, ch. 338; Cumming and Gilbert's General ws and other General
Statte, Supplement 1904, vol. 4, art. 13, p. 45.
70. Qualty of lr casks. All wheat flour, rye flour, Indian meal or buckwheat
meal manufactured in this stte for exportation shall e packed in good strong casks
made of seasoned oak or other sufficient timber, and hooped with at least ten hoops,
three of which shall be on each chime, and properly nailed.
71. ize f flour cask. The casks shall be of two sizes only. One size shall con-
tain one hundred and ninety-six pounds of flour or meal, with staves twenty-seven
inches long and each head sixteen and one-half inches in diameter; and the other
size shall contain ninety-eight pounds, with staves twenty-two nches long and
hea fourteen inches in diaeter, or with staves twentyseve inces long and e
had not more than twelve inches in diaeter. But Indian eal may likewise be
packed in hogsheads which shall contain eight hundred pounds.
72. Brand of weight and maufactrer. The casks shall be nearly straight
as may be, and their tare shall be marked on the head with a marking o; they
shall be branded with the weight of the flour and eal contained therein,
branded or painte with the initial letter of the Christian name and the urname at
a arch wrrants, not included. bo i
NEW YORK. 429
fu the manufacturer thereof; except hogsheads of Indian meal, on which
the weight only shall be branded.
Sbra. Every such cask of wheat flour shall also be branded as fol-
Sof a very superior quality "extra superfine;" if of a quality now brand
e" with the word supefine;" if of a third quality, "fine;" if of a fourth
"fe middlings;" if of a fifth quality, "middlings;" if of a sixth quality,
ship stuffs "or e of rye
74. Qaliy brand for rye flour. Each cask of rye flour intended for the first
hall be branded wth the words "superine ye flour," d each cask
Sfr the second quality with the words "fine rye flour."
~i7. B s for Indian meal and buck-heat. Each cask of Indian meal shall be
with the words "Indian meal;" and each cask of buckwheat eal, with the
nd the word "B meal."
7. Fa brands; penalty. A person shall not knowingly offer for ale any cak of
or meal upon which the tare is undermarked, or in which there is a less qan-
tity of meal than is branded thereupon. A manufacturer of flour or meal shall not
undermark the tare of any cask, or put therein a less quantity of meal than is
ded thereupon; but if the light weight of any such cask has been occaioned by
maccident unknown to the manufacturer, and which happened after the packing
of the cask, it shall not be deemed a violation of this section. A pron violating
any provision of this section shall forfeit to the pople of the state the sum of five
dollars for every such violation.
77. Aerngor contefeiting brads; penaly. No person shall alter or counterfeit
y brand marks, whether state or private, made uder the provisions of this article,
r put any flour real in any empty cask previoly sed and branded, and offer
me for sale in such cask without first cutting out the brands.
A person violating the provisions of this section in regard to altering or counter-
any brand marks shall forfeit to the people of the sta the sun of one hundred
Sor ac h violation, and a person violating any other provision of this
i shall forfeit to f the pste the sum of five dollars fr ach such
78. Mixed flours; penalty. No person shall knowingly offer for sale as good wheat
flour, any flour which contains a mixture of Indian meal, or any other mixtures, or
any unsound flour. A person violating this section shall forfeit to tthe pejple of the
Sthe sum of five dollars for eah such violation.
79. Tn of India w; pealty. No peron having chare of any ve sel
a s rt, into the city of New York, any Indian meal upon the deck of any
. Every person violating this section shall forfeit to the t ple of the state
twenty ent for every barrel and eighty cents for every hoshead transprted in
of any provisionf this section.
Lawsof 1896, ch. 376; Cnuming and Gilbert's General Laws an1d ther (General
,Statutes, 1901 vol. 1, pp.1065- 17.
0. Dieae on hes. No peron shall keep in his apiary any colony iof heel
aft a ontagious malady know n as fou br or black brod; and etery
beekeeper when he ecm(es aware of the existence of either of such ldieaes ainumrg
his bee, shall immdiately notify the emisioner of ariculture of the 1 exi 4
of d b w ch. 2f1, aud IA.iu of A1, c. I 0.
80-a. Hmy dfed. The trs "hney," "liquid or extracted honey," stnined
hoyor "pur honey," as use in this act shal mean the nectar of flowers that
habeen tnsforte by, and is the nturm prodct of the loey-bve, aken from
h oneycmb nd arketed in a liquid, candied or gra ated condition. dd
by Las of 190, ch. $14.
430 FOODS AND FOOD CONTROL
-b. itation or copond oney t be labeled No shall sell,
keep for sale, expose or offer for sale, any article or product in or semblance
of honey branded as "honey," "liquid or extracted honey, honey," or
"pure honey" which is not pure honey. No person or ,
company or corporation, shall anufactu, sell, expose or for le any com-
pound or mixture branded or labeled as and for honey which shall be ade up of
honey mixed with any other substance or ingredint. There may be printed on the
package containing such compound or mixture a statement giving the ingredients of
which it is made; if honey is one of such ingredients it shall be so stated in the same
size type as are the other ingredients, but it shall not e sold, exposed for sale, or
offered for sale as honey; nor shall such compound or mixture be branded or labeled
with the word "honey" in any form other than as herein provided; nor shall any
product in semblance of honey, whether a mixture or not, be sold, exposed or
offered for sale as honey, or branded or labeled with the word "honey," unless such
article is pure honey.-Added by Laws of 1902, ch. 26.
81. Dties of the commissioner; penalty. The commissioner f agriculture shall
immediately upon receiving notice of the existence of foul brood or black brood
among the bees in any locality, send some competent person or persons to examine
the apiary or apiaries reported to him as being affected, and all the other apiaries in
the immediate locality of the apiary or apiaries so reported; if foul brood or black
brood is found to exist in them, the person or persons so sent by the comissioner
of agriculture shall give the owners or caretakers of the diseased apiary or apiaries
full instructions how to treat said cases. The commissioner of agriculture shall cause
said apiary or apiaries to be visited from time time as he may deem best and if,
after proper treatment, the said bees shall not be cured of the d knownas foul
brood or black brood then he may cause the same to be destroed in such manner as
may be necessary to prevent the spread of the said diseases. For the purpose of
enforcing this act, the commissioner of agriculture, his agents, employees, appointees
or counsel, shall have access, ingress and egress to all places where bees or honey or
appliances used in apiaries may be, which it is believed are in any way affected with
the said disease of foul brood or black brood or where it is believed that any co-
modity is offered or exposed for sale in violation of the provisions of this act. No
owner or caretaker of a diseased apiary, honey, or appliances shall sell, barter or
give away any bees, honey or appliances from said diseased apiary, which all
expose other bees to the danger of said diseases, nor refuse to allow the said commis-
sioner of agriculture, or the person or persons appointed by him to inspect said
apiary, honey, or appliances, and do such things as the said commissioner of agri-
culture or the person or persons appointed by him shall deem n or the
eradication of said disees. Any person who disregards or violates any of the pro-
visions of this section is guilty of a misdemeanor and shall the punished by a
fine of not less than thirty dollars nor more than one hundred dollars, or by imprs-
onment in the county jail for not less than one month nor more than two months, or
by both fine and imprisonment.-Ameded by Laws of 1899, ch. 2, and La of
1902, cIh. 14.
Cumming and Gilbert's General Laws and other General Statutes, Supplement,
1904, vol. 4, pp. 2-27.
91. (1) mitation mple prodct. No persn shall manufctre for sale, keep for
ale, or offer or expose for sale, any sugar in imitation or semblance of maple sugar
which is not pure maple sugar, nor any syrup in imitation or semblance of maple
syrup, which is not pure maple syrup. Nor shall any person manufacture, offer or
a o in Statutes.
*....~ .........~ I 11111111111111~~II)II~.~IIIIXI 111~ 1~ 111 1 111::
NEW YORK. 431
any sugar s and for maple sugar whi is not pure maple sugar, nor
an and for maple syrup whichf is not pu maple syrup.
2and syrup defin For the purpose of this act the term "maple
be deemed to mean sugar made from pure maple sap or pure maple
the term "maple syrup" shall be deemed to me syp made from
pure maple p.-As amended by ch. 194 of the Laws of 1898.
products to e labeled. No person shall manufacture, sellorexpose
any compoundr mixture as nd for ugar which shall made up of maple
sug x with any other sugar any other substance without branding or label-
sugar with a statement giving the ingredients of which it is mde up.
S manfuactur, sel, expose for sale, or offer for sale any compound or
mi es syp which shall be made up of maple syrup mixe with any other
syrup or ingredient without branding or labeling said syrup with a statement giving
Si of which it is made up. This shall not be constru to apply t a
yrp o s manufactured and sold for medial purposes only.-Added by La
Vqf 1898, ch. 194.
Laws 1893, ch. 338; Cumming and Gilbert's General Laws ad other General
Statutes, 1901, vol. 1, pp. 202-203
SSlaughter of a No person shall slaughter or expose for sale, or sell any
lor c s of the same or anypart thereof, unless it is in a goo helthy condition.
o p o hall sell or expose for sale any such calf or caras of the same or any
f, except the hide unless it was, if killed at least four weeks of age at the
of killing. No person or persons shall bring or cause to be brought into any
i, town or village y calf or caras of the same or any part thereof for the pur-
of selling, offering or exposing the same for sale, unles it is in a good ealthy
and no person or persons shall bring any sch calf or carass of the same
any part thereof except the hide into any city, town or villae for the purpose of
se oerig or the same for sale, unless the clf, if killed, was four
of age at the time of killing, provid however that the provisions of is
shall not applyo any calfor of the same or any part therof, which is
sold, offered or exposed for sale, for any other purpoe than for fd.
Sor persons exposing for sale, slling or shipping any calf or caras of
same will bepresumed to beso exposing, selling or shipping the said calf or aras
Sthse for food. Any person or person duly authorized by the commissioner
Sg ture to examine any calf or eal offered or ex psed for sale or kept with
Sstok of good apparentl exp for sale and if such calf is under four weeks
or the veal i a calf killd under four weeks of ag, or from a calf in an
y condition when killed, he may size th e sal and cause it to be destroyed
Sof in sch manner as to make it imposile to be thereaftr d for
A aended Apri 8, 1 Laws f 195, ol. 1, ch. 171, pp. .
SLoeling of caraes of a On and after the p ae of this 'lt it shall be
wful for any corporation, parterhip, rs or iperss to ship to or from any
prof ts e any carcass or os f a alf or clves or ny part of suclh cr
except the hide, unless they all attach to every caa or part thereof s shiplpe
na us plc a tag, that shall stay thereon durig suc tra rtation,
g the name or names of the person or prs who raised the calf the nae of
the point of shipping and the destination d the age of thae cf.
STaiportatin. On and after the of this act no railroad ctom ny,
company, steam at company, or other c on carrir, sall carry or reve
for tn ton any care or o rca of calve, or y prt of th ame except
the hi, the si or ar or pa theref 1shall tagwe as herin
1044-No 69, pt 5-5
482 FOODS AND FOOD CONTROL.
Added to Laws of 1893, ch. 338, by Laws of 1898, ch.
without change February 19, 1902. Laws of 1902, ch
General Laws and other General Statutes, Supplement 1904, vo 4, pp. 24-2.
90. Con ction and size of beef or pork barrels and tierces. s
pork or beef is repacked, shall be of good, seasoned white
and heading, free from every defect; and each barrel tw hdred
pounds of or pork.
The barrel shall measure seventeen and one-half ines
be twenty-eight inches long, and hooped with twelve g hic wit a
other substantial hoops a If made of ash staves, it sh be hoo with at le
fourteen hoops. The stav and heads ll be of good the
less than three-quarters of an inch thick; and each stave, on each edge, at the
shall not be less than one-half an inch thick, when finiThe hoops be
well set and drove, and the barrels branded on the bilge with at least the
letters of the cooper's name. The half barrel shll contain nt s than ffteen, nor
more than sixteen gallons, and be made in proportion to and of like as
whole barrel, and shall contain one-half the quantity o ef or pork of the whe
The tierce shall be made in proportion to and of like materials as a and
shall contain three hundred pounds of beef or pork.
91. Barrels in Suffolk, Kings and Queens countie. All beef and pork which
repacked in and exported from the counties of Suffolk, Kings and
packed in barrels as nearly as straight as may be, made of good, seasoned red
staves and heading of the growth of such counties respectively, free from
every defect and made otherwise as above directed.
92. Grades of pork. Each barrel of pork shall be branded on of it heads
its name, ad contain either mess pork," "prime pork," or cargo pork." "
pork" consists of the sides of good, fat hogs, exclusive of all other pieces.
pork" is pork of which there is in a barrel not more than three shoulders, the
being cut off at the knee joint, not more tha twenty-four pounds of head w
have the ears and snouts cut off, the snout cut off to the opening of the jaws,
the brains and bloody grizzle taken out of the heads, and the rest made up of
pieces, neck and tail pieces. Cago pork is pork of which there is not in a
more than thirty pounds of head and four shoulders, and it shall be otherwise
chantable pork. "Side pork" so repacked shall be cut from the back bone
belly, in pieces about five inches wide, and which in weight are not under
pounds; otherwise, the barrels containing the same shall not be bnded m
Laws of 1896, ch. 376; Cumming and Gilbert's General Laws and other en
Statutes 1901, vol. 1, pp. 10768.
1. Qnity brad; pelty. Every person engaged in putting up oysters for sale
in kegs or cans, or offering them for sale in kegs or cans, not previoy marked or
branded, shall mark or brand such kegs or cans with the true quantity of oysters
pints, quarts or gallons, which they may respectively hold, and not more than
quarter of such quantity shall e liquid.
Every n violating an provision of this section shall t to the city,
or town where the violation occurs, the sum of one hundred dollars fo r
Laws of 189, ch. 376; Cu ing and Gilbert's Ge l Laws and other
Statutes, 1901 vol. 1, p. 1054.
aSo in Statutes.
NEW YORK. 433
Sr. All vinegar which contains any proportion of
led, r, huri acid, or other ingredients injurious to health, or any artificial
or which has not an acidity equivalent to the presence of at least four
nd one-half per centu, by weight, of absolute acetic acid, or cider vinegar which has
less than s n amount of acidity, or less than two per centum of cider vinegar solids
on full evaporation over boiling water, shall be deemed adulterated. The term cider
vinegr, when used in this article means vinegar made exclusively from pure apple
juice.Providedhowever, that cider vinegar made by a farmer in this state, exclus-
ively from apples gown on his land, or their equivalent in cider taken in exchange
therefor, shall not be deemed adulterated, if it contain two per centun solids and
sufficient alcohol to develop the required amount of acetic acid.--As amended Apr. 10,
51. Adulterated or imitation vinegar. No person shall manufacture for sale, keep
for sale or offer for sale:
1. Any adulterated vinegar.
2. Any vinegar or product in imitation or semblance of cider vinegar, which is not
3. As or for cider vinegar, any vinegar or product which is not cider vinegar.
52. Package containing cider vinegar to be branded. Every manufacturer or pro-
ducer of cider vinegar shall plainly brand on the head of each cask, barrel keg or
containing such vinegar, his name and place of business and the words
vin r." And no person shall mark or brand as or for cider vinegar any
packe containing that which is not cider vinegar.
SEvery person violating the provisions of this articleshall forfeit and
pay to the people of the state the sum of one hundred dollars for each violation.
Laws of 1893, ch. 338; Cumming and Gilbert's General Laws and othei General
I, 1901, vol. 1, art. 3, pp. 177-178.
70. Rland regulaioof department of healt; pbliaon; pealtes. The state
department of health may make rules and regulations for the protection from con-
tamination of any or all public supplies of potable waters and their sources within
at Iany such rule or regulation relates to a temporary soure or act of con-
any person violatingsuch rule or regulaion hall liable to proection
for midemeanor for every such violation, and on conviction shall b p)unished by a
exceeding two hundred dollars, or imprisonment not exceeding one year, or
both. If any such rule or regulation relates to a permanent source or act of containi-
, id department may impose penalties for the violation therof or the on-
comp therewith, not exceeding two hundred dollars for every sch iotion
or noncompliance. Every such rule or regulation shall be published at least oncc in
week for six consecutive weeks, in at lest one newspaer of the county whenr
a to which it relat are located. The cst of ch publication shall b pid
by theror municipality -nefted by the protction of the waer supply
to which the rule or regulation puished rela. The it of the printer, pub-
i or ppetor of the newspaper in which such rule or rgulatin is puisd
y be led, with the rule or regulat publis in the unty erk' off
such county, and such adavit and rule and regulation shall be conclusive evidence
ofuh publication, and of all the facts therein statedin ial corts andl plat-
Ame d by La of A189, c. i, ad I to if lW0 pc. 44
a For complete sewae law for protection of waters se ost- 72 .
434 AND FOOD CONTROL.
71. Iupection of water supply. The officer or board having by law the management
and control of the potable water supply of any municipality,
nishing such supply, may make such inspetion of the sources
as such officer, board or corporation deems it advisable, and ton
rules or regulations of the state department are complied with. If any sh
tion discloses a violation of any such rule or regulation rela to
or act of contamination, such officer, board or corporation shall a copy of
rule or regulation violated to be served upon the person violating the with a
notice of such violation. If the person served does not itely comply with
the rule or regulation violated, such officer, board or corporation notify the
state department of the violation, which shall immediately examine into vioa
tion; and if such person is found by the state department to have actually vio
such rule or regulation, the-commissioner of health shall order the local board of
health of such municipality to convene and enforce obedience to such rule or
tion. If the local board fails to enforce such order witin ten days after its receipt,
the corporation furnishing such water supply, or the municipality deriving it water
supply from the waters to which such rule or regulation re may maintain an
action in a court of record, which shall be tried in the countywhere the use of
action arose against such person, for the recovery of the penalties incurred by such
violation, and for an injunction restraiinng him from the continued violation of such
rule or regulation.-Amended by Laws of 1899, ch. 251, and Laws of 1904, ch. 44.
Laws of 1891, ch. 661; Cumming and Gilbert's General Laws and other General
Statutes, Supplement 1904, vol 4, p. 685.
RULES AND REGULATIONS OF THE STATE BOARD OF HEALTH.
The state board of health at a meeting held on the twenty-fourth of Februay,
eighteen hundred and eighty-three, unanimously adopted the following resolutions:
Resolved, That under and pursuant to section four of chapter two hundred and
seven of the laws of eighteen hundred eighty-one, the following mixtures when
distinctly labelled in the manner provided in subdivision seven of section three of
sid act, are within the conditions hereinafter prescribed declared to be exempt and
permitted to be sold under the provisions of the said act.
1st. Coffee mixtures containing no other substances except hi peas or ce
als, and in which mixtures the pur coffee shall not be less than fifty per cent of e
whole mixture or compound, provided the exact percentage of coffee e printed upon
the label of each package.
2d. Mustard mixture with wheat or rice flour, to which no other substance, or
article, or any coloring matter exept turmeric is added, and in which mixture the
pure farina of mustard shall not be less than forty per cent of the whole mixture or
compound, exclusive of the mustard hulls.
Thhe label on the above mixtures shall contain the naes of each and every ingr
dient of the mixture.
The labels shall also exhibit the percentage of the c c c constituents; for
example, the percentage of coffee in the coffee ixture, and the percen e of
mustard in the mustard mixture.
The abve mentioned information shall printed on the laels in blk ink, in
legible antique type of a size easily to be read, on one side of the .-Apprd
March 24, 188S.
At a eeting of the state board of health, held at the central office, January 1,
183, the following resolution was adopted:
b. Resolved, That under and pursuant to section four of c r hundred
and seven of the laws of eighteen hundred and eighty-one te o
hereby fixes the limits of variability ermissible in cider vinegar, which shall not
NEW YORK. 435
contain less than five per cent of pure acetic acid, and shall not leave on evaporation
Shalf per cent of solid matters, the same being weighed after
drying, at 212 Farenheit.- kd June 11, 1883.
of health, by virtue of ower conferred, at a meeting, held on the
23rd of November, 188, does hereby declare:
Sder and pursuant to section four of chapter four hundred and seven
of l eighteen hundred ad eighty one, the following goods when distinctly
maer provided in subdivision seven of section three of said act, are
wi econditions hereinafter prescribed declared to be exempt and permitte
to sthe provisions of the said act.
or beans in the preparation of which copper has been used, provided
aon of etallic copper shall not exceed three-fourths of a grain per
ir is pound of peas or beans, equivalent to three grains of crystallized sulphate
or, and that the same be plainly stated on the label.-A roed De. 1886.
lif:;o *~i i
The food laws of North Carolina are administee by the
department of agriculture. In response to a letter of inquiry, the fol-
lowing statement was made by Mr. T. Bruner, the cretry of t
We think that the law as it stands now is fairly satisfacto, the of
pur food would like a strongr and more effective one. Ho i
gressing with reasonable satisfaction; the percentage of adul found last year
of approximately 250 samples was only about 17 per cent of those examine
GENERAL FOOD LAWS.
SC. 1. Board of agriulture to alyzerod, etc. That or purpose of protect
ing the people of the State from mposition by the adulteration and misbranding of
articles of food, the Board of Agriculture shall cause to be procured from time to
time, and under rules and regulations to be prescribed by in accordance with
section nine of this act, samples of food, beverages and condiments offered for
in the State, and shall cause the same to be anlyzed or examined microsco ly
or otherwise by the chemists or other experts of the of A
The Board of Agriculture is hereby authorized to make such publications of the
results of the examinations, analyses and so forth as they may deem proper.
SEc. 2. alty for hadling adulterated or mibraded food. That no peon, by
himself or agent, shall knowingly manufacture, sell, expose for sale or have in his
possession with intent to sell, any article of food which is adulterated or
within the meaning of this act; and any person who shall violate any of the p
visions of this act shall be guilty of a misdeeanor, and for suh offense shall be
find not exceding two hundred dollars for the first offense, and for h subs
quent offense not exceeding three hundred dollars or be mprisoned not ex
one year, or both, in the discretion of the Court; and such fines, costs an
charge, shall be paid ito the treasury of the State for the benefit of the Department
of Agriculture, be used exclusively in executing the prov of this act.
Se. 3 Au llienatd aalyses ho g fraud to be certed That t
hemit or other experts of the Department of Agriculture shall mak, nder ru
and regulations prescribed by the Board of Agriculture, e of
of fo, beerages and condiments offered for sale in North rolna which be
collected fro time t ttie nder their directions in various pa of the State.
it shall appear from uch examination that any of the proof this act have
been violated, the ommissioner of Agriculture shall at once ertiy the ts to the
pror soliitor, and furnish that offier a copy of the reslt of the analysis duly
aithenticated by the analyst under oath. In all prosecutions arising under said act
as amended the certificate of the chemist making the analysis or test, w duly
sworn to by such analyst, shall be prim fade evidence of the fact or facts t
If it shal appear fro such e ination or nalysi that any of the pro of
said act have been or are being violated, the Commissioner of
4ofRTIt CAROtINA. 437
to be published in the newspaper having the largest circulation in the town or city
latio has been committed, and in any other newspaper in his dis-
nent of the results of the examination or analysis, with the
ame of the person or firm having committed such violation, and the name of the
manufacturing or packing such pruct.-A aended February 7,
1905, Public Laws 1905, ch. 306, pp. 339-340.
S.uThat it shall be the duty of every solicitor to whom the
of Agriculture shall report any violation of t act, to cause proceed-
ed and prosecuted without delay for the fines and penalties in
.. "F "and ibranded" defined. That the ter "food" as used herein
all articles used for food-candy, condiment or drink, by man or
domes n whether simple, mixed or cormpound. The term "misbranded"
shall include all articles of food or articles which enter into the com-
Sfood, the package or label of which sall ear any stateent purporting
y ingredients or substances as being ntined or not being contained in
which statement shall be false in any particular.
S"" defined. That for the purpose 4o this act an article of food
Shall be deemed adulterated-
isIf any substance or substances has or have bee mixed or packed with it,
S reduce or lower or injuriosly affec its quality or strength so tht such
when offered for sale shall deceive or tend to deceive the purchaer.
If any inferior substance or substances has, or have bn subtituted
y in part for the article so that the product when sld shall deceive or tend
to deceive the purchaser.
i I any valuable constituent of the article ha been wholly or in part
a e that the product when sold shall deceive or tend to deceive the pur-
Fourt If it be an imitatio of, and sold under the scific name of another
Fifth. If it be mixed, colored, powdered, coated, polished or stained in a manner
whereby damage or inferiority is concealed, so that auch product when sold shall
deceive or tend to deceie the purchaser.
Sixth. If it contain an added poisonous ingredient, or any ingredient which may
injurious to the health of the person cnsuming it.
If it contain any of the following substances, which are hereby dclared delete-
and dangerous to health when ded to human d, -wit: Colo which
contain antimony, arsenic, barium, lead, cadium, chriumo, coer, mercury, ura-
niumor in; or the following colors: ganmoge, corallin, pieric acid, aniline, or any
of c-tar dyes; ccharine, dulcin, glucin or any other artiicially or synthetic-
ally a substitute for sugar; parafine, formialdehyde, beta-na thol, abrast ,
benz d or bezoate salic acid or saicylaWs, oric acid or ates, sulphur-
o ior sulphites, hydtrodfluric or any luorine compounds, sulphuric acid or
potasium sulphate or wood alcohol: Proridd, that cat UpE andl condimental utces
ywen the fact is plainly and legibly stated in the Eglish langage on the
pand label of the package in which it it retiled, conain not to exceed two"
hof one pr cent. of enzoic acid or its equivalent in sodiarn bzoate.
Sliquors may ontain ot to exceed twotenths of one per cent. of combine
Sid, and not to exceed eht-thou dths of one pr Int. of sulphur
Seventh. If it be labeled or branded so as to deceive or mi-lead the purcvhir. or
pp to be a foreign product when branded so, or ii an i3itati n either in p
l of an established proprietary produt, which ha t arked or
488 FOODS AND OOD O OL.
Eighth. If it consists of the hoe or any part of a
or putrid animal or vegetable substance, or any portion of
whether manufactured or not, or if it is the product of a diseased animal or of an
nimal that has died otherwise than by slaughter.
In cases of meats, oysters or fish sold or offered for sale in if
meats, oysters or fish shall hav een inoculated, dusted, poyed
anointed, washed, sprinkled or fumigated, or in any any
substances declared deleterious and dangerous by this act, or any an or
chemical preservative or dyesuff whatsoever, whose use iaose l
retard, prevent or mask decomposition, or to give to the meat, oysters or h a false
appearance of freshnes or quality. In addition to the ways
shall be deemed ulterated if it is omposed in any part of liver, or
other viscera of animals: Provided, that the use of animal as
ings shall not be deemed an adulteration.
Ninth. That candies and chocolate may be deemed to be if
tain terra alba, barytes, talc, chrome yellow or other mineral or
colors or flavors, or other ingredients deeterious or detrimental
That an article of food, beverage, or condiment which does not any added
poisonous ingredient shall not be deemed to be adulterated in the es:
First. In the case of articles, mixtures or compounds which y be now, or from
time to time hereafter, known as articles of food, condiments under
their own distinctive names, and not included in definition
Second. In the case of articles labeled, branded or tagged so as to plainly indicate
that they are mixtures, compounds, combinations, imitations or blends.
Third. When any matter or ingredient has been added to the food, be or
condiment because the same is required for the production or
an article of commerce, in a state fit for carriage or consumption, and not fraudulently
to increase the bulk, weight or measure of the food, or condiment, or con-
ceal the inferior quality thereof: Provided, That the same shall be labeled, branded
or tagged as prescribed by the Board of Agriculture, o a to w them to be com-
pounds and the exact character thereof: And proided frther, That nothing in this
act shall be construed as requiring or compelling proprietors or manufa s of p
prietary foods to disclose their trade formulas except in so far as the pro of
this act may require to secure freedom from adulteration or imi :
ther, That nothing in this act shall be construed to apply to or patent
Fourth. Where the food, beverage or condiment is unavoidably mixed with some
harmless extraneous matter, in the process of collection or preparation:
further, That no person shall be convicted under the provisions of this act when he
is able to prove a written garanty of purity in a form by the Board of
Agriculture as published in their rules and regulations, signed by the wholesale jo .
her, manufacturer or other party from whom he purchased said article.
March 3, 1S99, Public Laws 1899, ch. 369, p. 09, and s frther
1905, Publi Lars 1905, Ch. 306, p. 340.
Se. 7. Brandin. That the Bard of Agriculture is hereby authto cause ll
compound, mixed or blended products o be properly branded nd
this shall be done.
SE. 8. rnp That it shallbe he duty of the oard ofAgricultureto
pare and publish from time to time lists of the articles, ixtures or co
declared to be exempt from the provisions of this act in e wh s s.
The Board of Agriculture shall also from time to time fix and publsh the li of
variability permissible in any article of food, beverage or condimet, and these
ards when ms published shall remain the standrds before all c P
when standards have been or may be fixed by the Secretary of Ariculture of the
NORTH oAROL A. 439
they be accepted by the oard of Agriculture and published as
he standards for North Carolina.
for analysis. That every person who exposes for ale or delivers to
any condiment, beverage or article of food, shall furnish, within busi-
esanupon tender and full payment of the selling price, a sample of such
n ve s or articles of food to any person duly authorized by the
Bo oture to secure the same and who shall apply to such manufacturer
Sdelivering to a purchaser such beverage or article of food, for
for such use in sufficient quantity for the analysis of such aricle or
Sfor inderig enforcement of law. That any manufacturer or dealer
Sto comply upn demand with the requirement of section ine of this
ufacturer, dealer or peson who shall impede, obtruct, hinder or
th ior attempt to prevent any chemist, inspector or other person in
S f o of his duty in connection with this act shall be guilty of a misde-
eanor a shl upon conviction be fined not less than ten dollars nor mor than
dollars, or be imprisoned not more than one hundred days, or both, in
on of the Court, and said fines, less the legal costs, shall be pai into the
of the or the benefit of the Department of Agriculture, to ) sed
xclusively in executing the provisions of this act.
S11 That this act shall not be construed to intrfere ith
or any interstate commerce laws of the United States.
repeaed. That chapter one hundred and twenty-two, Public Laws
Seight hundred and ninety-five, be and the same is hereby repealed.-
March 3, 1899, Public Laws 1899, h. 369, p. 509.
13. this act shall be in force from the first day of August, One thousand
ight hundred and ninety-nine.
February 13, 189. Public Laws, 1899, ch. 86, p. 216.
selling or iporting adterated liqors. If any person shall
aany spirituous, alcoholic, vinous or malt liquors by mixing the same with
of whatever kind, except as hereinafter provided, or if any person
lll or offer to sell any spirituous, alcoholic, vinous or malt liquors, knowing
to be thus adulterated, or shall import into this st any slirituois or
liquors, and sell or offer to sell such liquor, knowing the same to be
t he shall be guilty of a misdemeanor, and fined and imprisone, or oth,
tthe discretion of thecourt.
9. Addition of injurious igredients. Any person who shall manufacture, ell, or
any way deal out spirituous liquors, of any name or kind, to be usd as a drink or
eve and the same shall be found to contain any foreign properties or intredi-
Sous to the human system, shall guilty of a high niisdexieanur, and
n the penitentiary not less than five yrs, and Imay h e in e in the di-
Stcourt It shall e competent for any citizen after making purchal
a s tuousliquors, to cause the same to be analyzed by S)me knOwn IIomP
t it, and if upon ach analysis it shall ts found to contain any foreign
o it shl be prima aie evidence against the arty mlaking such a
for aduleration; druggits, etc., empt. Any n who shall sll or
Sany rcpe or formula whatever for adulterating any spirituous or alco-
ol liquors, by mixing the sae with any subtance of what-Ver kind, except as is
a providd, shall be guilty of a mnisdemui or, and lined and imprisoned as
d in the preceding ction: 'r tht this section and the th o t pre 1-
440 FOODB AND OOD CONTROL.
ing sections shall not be so construed as to prevent druggist, physicians, and persons
engaged in the mechanical arts, from adulterating liquors for medicinal and me
Code 1883, vol. 1, p. 402.
Sc. 1. Butter" defined. For the purpose of this act the word butter shallbe
understood to mean the product manufactured and compounded from fresh and pure
milk and cream.
SEc. 2. Imitation butter named. For the purpose of this actle manufa
tured or compounded in imitation or semblance of butter, as defined in section one
of this act, which shall be composed of any ingredient or in combination
with butter, shall be known as "oleomargarine" and "butterine," and it shall be
unlawful to manufacture, keep for sale, offer for ale, export or import same, except
in accordance with the provisions of this act.
SEc. 3. Labeling of oleomargarine, etc. Every manufacturer of said "oleomarga-
rine and butterine shall securely affix by pasting on each package, tub or firkin
thereof so manufactured by him a label, on which shall be printed inrge roman
type the chemical ingredients and the proportions thereof. Every manufacturer of
such compound who neglects to affix such label to any package, tb or firkin con-
taining such compound manufactured, sold or offred for sale by him, and every
person who removes such label so affixed from any such package, tub or firkin shall
be guilty of a misdemeanor and punished as hereinafter provided.
Sgc. 4. Interstate commerce act. This act shall not be construed as to prohibit the
manufacture or sale of said compound, or in any degree vilate the provisions of the
interstate commerce law relative to this particular subject. The said compound,
however, shall not be manufactured, sold, nor offered for ale in accordance
with the provisions of this act.
SEc. 5. Penalty. It shall be the duty of the district, county and cityattorneys,
upon proper information that any of the provisions of this act have been violated. to
prosecute such offender before any court of jurisdiction, and upon conviction thereof
shall be punished by a fine of not less than fifty dollars, or by imprisonment in the
county jail not exceeding thirty days; and for each subsequent by a fine not
less than two hundred dollars or by imprisonment not less x month or both
in the discretion of the court.
SEC. 6. This act shall be in force thirty days after its passage.
Approved February 28, 1895. Public Acts, 1895, ch. 106, p. 105.
SEc. 1. andardweight. The standard weight of abushelof corn meal, whether
bolted or unbolted, shall be forty-eight (48) pounds.
SEc. 2. Marks. It shall be unlawful for any person or persons to pack for ale, sell
or offer for sale in this State any corn meal except in bags or packages containing by
standard weight two bushels or one bushel or one-alf bushel or one-fourth bushel
or one-eighth bushel respectively. Each bag or package of corn meal shall have
plainly printed or mnarked thereon whether the meal is "bolted" or "unbolted,
the amount it contains in bushels or fraction of a bushel, and the weight: Proided
the provisions of this section shall not apply to the retailing of meal direct to custom-
ers from bulk stock when priced and delivered by actual weight or measure.
S. 3. Penay. Any person or person violating either of the foregoing sections
of this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall
be punished by fine not exceeding fifty dllar or by imprisonment not exceeding
NRTH CAROLINA. 441
S. 4. E This act shall be in force and effect from and after June first, one
thousand nine hundred and five.
S 5. epeal. All acts or parts of acts in conflict with this act be and the same
Approved February 7, 1905. Public Laws 1905, ch. 126, pp. 143-144.
; penalty. Any person or persons, firm or corporation,
y and willfully laughters any diseased animal and sells or offers for
sale any of the meat of the said diseased animal for human consumption; or any
Sfir or poration who knows the meat offered for sale or sold
ption by such person or persons, firm or corporation is that of any
ehall be guilty of a misdemeanor, and upon conviction shall be fine
or both, in the discretion of the court.
ect. This act shall be in force from and after its ratification.
ed February 25, 105. Public aws 190, ch. 03, p. 337.
of hygiene. For the better protection of the public health and
tr t the spread of communicable d s there shall be established a State
Sof hygiene, the same to be under the control and management of the
State Board of Health.
of potablewater It shallbe the duty of the State oard of
to have made in uch laboratory monthly examinations of samples from all
upplies of the State The board shall also cause to be made exami-
i of well and spring waters when in the opinion of any county superintendent
lor any psician there is reason to suspect such waters of being
and dangerous to health. The board shall likewise have made in this
Ssuch other examinations as the public halth may require.
SFor the support of the id laboratoy the sum of twelve
dollars hereby appropriated and an annual tax of sixty dollar, payable
quarterly, by each and every water copany, municipal, corporate and private,
water to he people, said tax to be collected by the sheriff as other taxes and
aid b sai i directly to the treasurer of the State Board of Health, and the
printing and stationery necessary for the laboratory to be furnished upon requisition
upon the State Printer.
S eal. ecti enteen of chapter one hundred and ifty-ne of the
Sof one d nine hundred and three is hereby realed.
This act shall be in force from and after its ratification.
tieMah 4, 1905. Public Laws 1E05, ih. 415, pp. 44425.
ARD AND RULINGS OF THE BOA OF ARICU RE UNDER
THE PURE-FOOD LAW.
-To be standard vinar shall contain not les than 4 per ent of ti
acid. When of less strength the percentage of acetic acid must be branded on every
n which it is sold, expos, or offered for sale. VInWg must not i
of lead, copper, sulphuric acid, or other ingredints njuris to
health, and when artificially colored the fact shall be ade known by a proper label
under pa ph on beling") athed t every pck which
Ale cder or orchard iar ust be made from the pure juice of apples, free
|~i of t~~ ~
442 FOODS AND FOOD CONTROL.
from foreign substances, and must contain not less than 11 per cent of apple cider
materials from which they are severally dmade, as "Malt
All fermented and not distilled vinegar must contain not
the solid of the grains or fruit from which they are made.
Distilled vinegar must be labeled and sold as such.
Milk.-Milk must be from healthy cows and must contain at least 12 per cent of
total solids and 3 per cent of butter fat, unless labeled or sold as "skimmed milk"
or milk below standar Coloring matter or
the cans fro which the milk is sold are conspiously lto
tion, and written notice is served on each customer
coloring atter or preservative or both used to the gallon.
Buer.-Butter must contain not less than 80 per cent of milk without a
ture of any other animal or vegetable fats.
Poc butter.-Deteriorated or unarketable butter, or
remelting, or working over, has been made marketable, must be
"Proces butter," and each package so sold, offered, or be
as to fairly and clearly furnish this information.
Oleoargarine. -Oleomargarine, butterine, and kindred of aiml
vegetable fat, or mixtures of these with butter, must be sold own
tinctie names as oleomargarine or butterine, and each paa so s, o ,
exposed for sale ust be so labeled (as prescribed under be
ing") as to furnish clearly and fairly this information.
Cheese.-Cheese not made wholly from pure, unskimmed milk or must be
sold as "Skim milk cheese," and where other fats have to be it must be ld
as Filled cheese," and each cheese must be so labeled t this
tion, as directed under the labeling paragraph.
Lard.-Lard is the rendered fat of swine and should con not less than99 pr
cent of this fat. Other fats and oils, and mixtures of them, mus be sod under th
true name or coin names, or as "Lard substitutes." An of fat or
fts, with a considerable percentag of lard, may be sold as "a com n;
otherwise it ust be sold as adulterated lard.
Oils-Oils, as olive and cotton seed, must be sold under their true or
names that will not mislead as to their true character; and w mixed or
the fact shall be made known by proper and conspicuous labeg on the
vessels; otherwise they must be branded and sold as "adul
Spices and peppers.-Spices and peppers must be pure and true to name, and must
not be mixed with other substances or with exhausted or mpure of their
own kind, unless labeled and sold as adulterated.
tard.-Dry mustard ust be pure. Mixtures of mustard,
ay be sold as "Prepared mustard," but must not be diluted or
materials un a the fat is made known on the label.
ier and fruit jui~es-These must be made of unadul f j
sold under the name of tho fruit from which made. Nofl
shall be added, unless the fact is made known by proper label attached to each
package. When artificially colored or flavored, or both ey must be sold
"adulterated" or "imitation" products, in which se any
be made known by proper label.
Beers and ines and other alcoholic and nonacoholic drinks and produs used in making
ch mut not contain added preservatives, coloring, or flavor,
known by proper label on each package. When made partly or entirely from arti-
ficial products they must e sold as "adlteted" or "imitation product, any
added preservative being made known on proper label
1 NORTH CAOLINA. 443
raandfarinaeous produc. -Flour, cracked and rolled wheat, oats, buckwheat,
arley, and corn, and their products, rice, etc., must be true to name, and when
xed with each other or with other vegetable or mineral products the mixtures
der coin names or as mixtures or compounds.
-Cnned goods must be true to name and be free from add color-
tives, unless such addition or additions is mae known by
d.-Candy must not contain terra alba, kaolin, or other mineral substances,
or harmful coloring or other matter.
it, jellies, butter, jam, presees, conserves, confections, and like articles must be
of the fruit specified on the label and preserved only with cane sugr,
in any artificial coloring, preservatives, or flavor, except spices or
ther wholesome natural flavoring materials, unless such added flavors, coloring,
Ses are made known on the labels. When made partly or wholly
f ar l m ls, or when any material to make up bulk or weight, to add
lavor or color, except as indicated above, have been used, the products must he sold
must be made known on the label.
Ho m not e added to it directly by man, or indirectly by feeding to the
, invert sugar, or other matter not naturally occurring in
un sold as adulterated honey, or a stateent regarding the adultera-
ion is m ea part of the label attached to eah package sold.
Cofee.-C e must be true to name and of full strength. It must not be mixe
Sor tly exhausted coffee or any other substance or substances,
xe as i ated below. If mixed with chicory or other harmle suhstitute
Sin either flavor or strength, and not used simply as an adulterat,
i may be sold as "coffee compound."
ii or sutitutes contain no coffe must not e sold as coffee co-
ounds, but may be sold under coin names.
Te w sold, exposed, or offered for sale as such, must consist wholly of
of the true te plant, without artificial color, filler, or extraction
of eential properties, unless conspicuously labeled as "adulterated."
king pBaking powders must not contain substancs not neceary to
Sm, and they must be labeled in a conspicuous way and place, either
of th powder itself, or elsewhere, so as to show theacid alt of which
he pow i made, as "Alum baking powder," "Alum-phosphate baking powder,"
baking powder," or "Cream of tartar baking powder," and when so
abeled they mut be true to label.
see te preservative is considered synonymous with antiseptic.
ood ntining any added antiseptic or prs tive subtance or sub es, Iexvpt
table salt, saltpeter, cane sugar, alcohol, vinar, spices, or the natural
of the smoking process, shall have the preence of such preservative or pre-
tivmade clearly known by conspicuous labling or made known to prchaser
hen the article is not capable of being labeled.
Labeling.-A label must be, as far as possible, attacd to each package and on-
S on to other inforation, the name aaddress of the manufactur or
bber. When the words "artifiial," "imitation," "m d," "adulterte"
of similar import are required, they must indiately prce or follow
r words they modify, and h in the sae size and style of type and
ekind of grod as the word or wors with which they are cloely
h the p e of perties, coloring ttr or other isbstance or sub
ancs is required to be printed on the label, as indicated i the everl pargaphs
latin to differt food roduct the rintin must be done early and consc-
444 FOODS AND FOOD CONTROL.
ously on the labl in type not smaller than brevier ay gothic cap, and on the same
kind of background as the rest of the label.
Form of guaranty of purity approved by the board of agriculture as proided for in section
6 of the pure food law.
I (or we), the underigned wholesaler, jobber, or
of (name and addre), retail merchant, p
guarantee that all food sold to -- shall be pure within the meaning of what is
known as the pure food law (an act to prevent the and
branded food: Ratified the 13th day of February, 189), witht
requirements of said law and the standards and rulings of th
as regards standards of quality, branding, and otherwise.
in force till revoked in writing.
The article referred to in this guaranty is (or are)
The Department of Agriculture desires the cooperation of man
turers, jobbers, wholesalers, retailers, and individuals in the
of the pure-food law. To this end the Department-
(1) Invites suggestions, and will give hearings to in
present standards and rulings, others that may seem dor be
in the future.
(2) Analyses will be made for parties within the State when samples are in
accordance with instructions furnished by the State chemist required
concerning the samples are given.
(3) Analyses will be sent to parties sending samples and to from wh
samples are taken by the Department. It is the desire of Department to put
information into the hands of manufacturers, dealers, and of food, and to
them in every way it can to know and to manufacture, handle, and use the bet, most
desirable, and most wholesome food products. The pure-foo law is in the
of the honest manufacturer, the honest dealer, and for thethe
sumer. It should operate in this way.
laws of this State are administered by the agricultural
t tion. The laws relating to dairy products are adminis-
e tant dairy commissioner, under the direction of the
r of agriculture. At the last meeting of the legislature
Swere enacted which supersede previous legislation.
GENERAL FOOD LAWS.
food or medicine. Every person who, either:
1. With intent that the same may be used as food, drink or medicine for man,
sells or offers or exposes for sale, any article whatever, which to his knowledge is
tainted or spoiled, or for any cause unfit to be used as food, drink or medicine; or,
2. Knowiny sells any article intended as food or drink for man which contains a
qutty of any drug o or o sutance to reder such article injurious to
health, or compounds the same; or,
or dilutes so as to render it injurious to health, for the purpose of
sale as unadulterated or undiluted, any substance intended as food, drink or medicine
Is guilty of a misdemeanor.
Laws of 188, ch. 64; Revised Code, 1899, ch. 68, p. 1528.
offood and drug. Every person who adultrates or
y ice of food, drink, drug, m icine, strong, spirituous or malt liquor or
or y article useful in compounding either of them, whether one useful for
makin or animals, with a fraudulent intent to offer the same, or cause or permit
it to be ofrd for le as unadulterated or undiluted, and every ron who fradu-
lentlyellor keps or offers for sale the same as unadulterated or undiluted, know-
iit to ve been adulterated or diluted, is guilty of a misdemeanor.
7810. Knoingly selling tainted food or drugs. Every person who knowingly sells,
or or offers for sale or otherwise disposes of any article of f drik, drug or
i knowing that the same has become tainted, decayed, soiled or otherwise
oleo oto be eaten or drank, with intent to permit the same t
or d k by any person or animal, is guilty of a misdemeanor.
S1899, ch. 40, p. 1460.
S1. A atng and m nn and erage. It shall e unlawful for
either for himself or while acting as ent or servant of any other ron
Sto manufaure for sal, sell, offer or to hav for sale, to olicit oer
to or to deliver within the state any artie of fo or everage which is
unwholeome or adulterated within te meaning of thi act. The having n -
sion of such adulterated article or articles shall be deemed as priua facie evidence of
the violation thereof. For the purpose of thisact all condiments, extracts, vinegrs,
or other substance sd in the prpartion or cmpounding of foxis or fki prod-
cts and beverwes shall be deemed s articles of food.-Amended and ree__ted Feb-
rary 4 1905, Las 1905, ch.111. p.19.~
b o( <-
446FOOD AND FOOD CONTROL.
SEc. 2. Adulteration defined. Any article of food or beverage shall be considered
as unwholesome or adulterated within the meaning of this act:
First If it contains and form of iline dye or other l if
with a harmless vegetable dye and the name thereof is not gi
Second. If it contains formaldehyde, benoic acid, suls ai, bi
salicylicacid, hydrofluoric acid, saccharin, betanaphthol, or any salt or aniseptic com-
pound derived from these products.
Third. If any substance or substances have been mixed with it so as to reduce or
lower or injuriously affect its quality or strength or food value
food or beverage, when offered for ale, shall deceive or tend to th
Fourth. If any inferior or cheaper substance or su
wholly or in part for the article, so that the product when s or
to deceive the purchaser.
Fifth. If any necessary or valuable conof the ii or
in part abstracted.
Sixth. If it be an imitation of or offered for sale under the ameof another
Seventh. If it be labeled, branded, or colored so to deceive or
chaser, or if it be falsely labeled in any respect.
Eighth. If it consists wholly or in prt of a diseased, decomposed, lthy or
animal or vegetable substance, or if such substance or substances be used in the
Ninth. If every package, bottle or container does not bear net weight
the name of the real manufacturers or jobbers, and the ror cl of
the product, the same to be expressed in clear and distinct words in
type on a white back ground; provided, that an article of food or shall not
be deemed adulterated in the following cases:
First. If it be a compound or mixture of recognized food not included i
definitions sixth and eighth of this section.
Second. In the case of andies and chocolates, if they contain no terra alba,
barytes, talc, chrome yellow or other mineral substances, or aniline dyes or ther
coal tar dyes or other poisonous colors, flavors or products dtal health.
Third. If in the cae of baking powders or any mixture or compound in for
use as a baking powder they have affixed to each and every box, or
containing such powder or like mixture or compound, a light colored label pon the
outside and on the face of this there is distinctly printed with blak ink and in
legible type the name and address of the manufacturers the true and correct
analysis, and in a form to be prescribed by the North Dakota-
tural experiment station, of each and all the constituents or i i contained in
or contributing a part of such baking powders, or mixture or compound intended
for use a a baking powder. The label shall ear no advertising or descriptiv
ters other than the name of the manufacturer, composition as p crbed for above,
and directions for se.
Fourth. In the case of perishable good put up in buk, sodium may be
used in proportion not to exceed one part in two thousand in prod and
nder suh regulatios as may be determined upon and pby the North
akota gvernment agricultural experiment station at Fargo. This clause shal not
e applicable for goods coming into the state after July, 1907, nor to any e at any
time where products be commercially produced without the use of em
preservatives. Where the use of preservatives are permitted the fact shall be
clearly set forth on this label in the form and manner to be prescribed by
Dakota government agricultural experiment station t Fargo.-
Febrry 24, 1905, Lais of 1905, ch. 11, p. 19.
(ISO in Statute.
NORTH DAKOTA. 447
for so Any person iolating any of the provisions of this act
lguilty of a misdemeanor and shall for the first offense be punished
le-five dollars or more than one hundred dollars, nd
co, inuding the xpense of analyzing such adulterated articles,
n has been found guilty under this act. Products found to be adul-
Sthe meaning of this act may by order of the court be seized and
yed.-A ded and reenacted February 41905, La of 1905, ch. 11,
S It shall be the duty of the state's attorney to prosecute all
n violating any of the provisions of this act when the evidence thereof has been
the North Dakota government agricultural experiment station, as pro-
sections 7 and 8 of this act.
Sc. 5. The North Dakota experiment station to inspect and analyzefood# and beverages;
North Dakota government agricultural experiment station shall
Sanalysis of food products and beverages on sale in North Dakota, suspected of
adulterated, at such times and ace and to such extent as it may determine,
y appoint such agent, or agents, as it may deem n ry, and the sheriffs of
the respective counties of the state are hereby appointed and constituted aents for
nt o this act and agent or agents and sheriffs shall have free acce,
at ] reasonable hors, for the purpose of examining into any place wherein it is
y article of food or beverage adulterated with any deleterious or foreign
t or ingredients exists, and such agents or sheriffs upon tendering the
price of said article may take from any person, firm or corporation samples
of any article suspected of being adulterated as aforesaid, and the said station may
or fix standards of purity, quality of strength when such standards are not
specified or fixed by statute.
6. fr analysis sent to tation. Any citizen of the state may, by pre-
the transportation charges, send any article of manufactured fod or foo
Sor beverage, in the original package to said station to be analyzed. And
Sarticle, if not before analyzed, shall be analyzed and included in the next repot
tstation as provided for in section 9 of this act.
S7. Reults of analysis. Whenever said station shall find by its analysis that
ted food products have been on sale in this state, it shall forthwith transmit
ts so found to the state' attorney of te couty in which sid adulterated food
product was found.
SEC 8. as evidence. Every certificate duly signed and acknowledged by
chemist of the North Dakota government agricultul experiment statio at
relating to the analysis of any food, food products or erages shall be pre-
umptive evidence of the facts therein tated.
SEc. 9. Annual report of station. The said station shall make an annual report to
tupon adulterated food products, and said report may be included in the
which the said station is already authorize by law to ke to the governor,
and in June and December of each year the said station shall furih to the auditor
oty in the state a certified list of all adulterated fod, products and
bv as found by such analysis, showing the na and brad of the article, the
manuf eand the nae of the injurious adulterant. The county auditor of ach
hall cae the said list to be printed in the icial par of such unty.
ipultion hall be made in J and uary of each year, and shall continue
for to be pd or by sh unty at the rate allowd by law
for publishing the proceedings of the board of county ommiioner
Sc. 10. Sher to take ample, etc.; p. It is hereby made tih duty of
the sheriff of any county of this state, on preentation to him of a verified complaint
of the violation of any provision of this act, to at once proceed to obtain by purcha
of theadulterated food, od product or e cmplain of, ad rar
1044-No. 9, pt --
448 FOODS AND FOOD
the same to the said station for analysis, marking the
the same, for identification, with the name of the from
date on which the same was procured and the substance th
services hereunder the said sheriff shall be allowed the e f f l as
now allowed by law to sheriffs on service of criminal
compensation as may be by the county commissioners of his c d
able, and all amounts expended by him in procuring and
ples, which fees and amount expended sall be audited and alby the
com oners and paid by his said county as other bills of said sheriff.
S11. Appropriatio. To carry out the provisions of act, out of any m
in the state treasury, not otherwise appropriated, the sum of fifteen hundred dollars
is hereby annually appropriated to the said North Dakota
experiment station, which sum shall be paid equal q ly
treasurer of the board of trustees of such station, upon the o of state
who is hereby directed to draw his order for the same.
SEC. 12. Action an a nt of illgal le. No action shall be in any
court in this state on account of any sale or othercontract made of
S. 13. Repeal. All acts and parts of acts inconsistent with the of
act are hereby repealed.
Approved March 2, 1903. Laws 1903, ch. 6, p. 9.
7309a. No person shall by himself, his servant, or a t, or s the t or
agent of any other person or corporation, manfacture for sale, or or
offer to sell any candy adulterated by the admixture of terra alba, btal, or
any other mineral sbstance, by poisonous colors or flavors or ther ingredients
deleterious or detrimental to health. Whoever violates any of the provisions of this
section shall be punished by a fine of not exceeding one hundred dollar nor l
than fifty dollars. The candy so adulterated shall be forfeited and destroyed under
direction of the court.
Revised Code 1899, ch. 40, p. 1460.
769. elling imitaton butter without brand; penalty. Any person who shall know-
ingly sell or offer for sale or procure the sale of, or make or manufacture, any arle
or substance in semblance of butter, not the legitimateproductofthedairand
exclusively of milk or cream, but into the composition of which the oil or fat of an
mals, or melted buttr or any oil thereof, enters a a substitute fr cream, in tub
firkins or other original packages and not distinctly, legibly d durably branded,
stamped or marked in a conspicuous place with the word "ol or "
terine," or "patent butter," as the case may be, in letters not than one-fourth
of an inch in width and one-half of an inch in length, or in not
plainly and conspicuously laled with said words "oleo" ""
or patent butter," as the case may be, shall be guilty of a mior, and
ished by a fine of not less than twenty-fie nor mor than one hundred dollars, or
shall be conined in the county jail not less than ten nor more than ninety or
by both such fine and imprisonment in the discretion of the court.
7640. Process butter; "Quinnesi patent." Any person or fi who shall sell or
offer for sale, or make or manufacture, imitation butter or buttermd of
and part caseine or other ingredients under what is known as "Quinne patent,"
or process or any other similar rocess, whereby the casene of milk and other ire-
NORTH DAKOTA. 449
to imitate and resemble genine butter made from cream, shall stamp
of the same on the top and side with lampblack and oil, the
butter," in letters at eatone-fourth of an inch wide and one-half of
Whoever violates the provisions of this section is guilty of a misde-
and hal be puished for each offense by a fine of not less than twenty-five
r me tn one hundred dollars, or hall be confined in the county jail not less
nor more than ninety days, or by both such fine and imprisonment in the
discretion of the court.
1. cheese; branding; penalty. Any person or firm who shall sell or offer
o a or mke or manufacture out of any oleaginous substance or substances, or
y cd of the same or compound other than that produced from unadulter-
ated y artle designed to take the place of cheese, or any imitation of cheese
produced from pure milk, or any article termed "filled cheese," shall stamp upon
Sof the same on the top and the side with lampblack and oil, the words
"filled cheese," or words that shall deignate the exact character and quality of the
product, in letters at least one-fourth of an inch wide and one-half of an inch long.
ver violates the provisions of this section is guilty of a misdemeanor and shall
be punished for each offense by a fine of not less than twenty-five nor more than
one hundred dollars, or shall be confined in the county jail not less than ten nor
more than ninety days, or by both such fine and imprisonment in the discretion of
42 Patent butter and cheese; card tatig ingredie; pelty. Whoever lls or
offers for sale any imitation or patent butter or cheese, as described in the foregoing
i ons of this chapter, shall give to each purchaser of said goods a printed ard
correctly the different ingredients contained in the said compound. Whoever
Sthe provisions of this section is guilty of a misdemeanor, and shall be pun-
or each offens by a fine of not less than twenty-five nor more than one hun-
dred dllars, or shall be confined in the county jail not less than ten nor more than
days, or by both such fine and imprisonment in the discretion of the court.
7s pria fae cride of guilt. The having in possession by any
or firm, of any article or substanc prohibited by this chapter, shall be con-
sidered prima facie evidence that the same is kept by such person or firm in violation
of it provisions, a the state dairy commissioner shall be authorized to seize upon
and take ion of any such article or substance, and upon the order of any court
whi has jurisdiction, he hall sell the same for any purpose other than to Ib used
or food; the proceeds derived from the sale of imitation utter shall paid on-half
to the informer and one-half into the stat treasury, to be placed t the credit of the
state dairy commissioner's fund.
7644. Bur sples analyd; certice; evid Samples or sl)ciiens of any
article in imitation f butter or suspected of being of a spurious character, shall be
analyed or otherwise saisfactorily tested as to compounds by the chemist of the
agricultu college at Fago, free of expense; and a crtificate of analysis, sworn to
bythanalyzer, shall be admiible as evidence in all prosecutions under this chaptr.
76. Buer not branded or led. The le or offer for sle of the substanc
Sin the foregoing section in packages not branded, stamped, marked or
asin this chapter required, shall be prima facie evidence of knoiw lege of the
of such substance on the part of the person so slling or offering the se
for ale, and his employer.
f butter and cheese; repo; penaly. Every chee factry, c m-
ery orcombined cheese factory and creamery, engaged in the manuf.ctulre f butter
andcheese, shall procureastencil orbrand earing a suitable devie and w rd w hich
shal clearly designate the quality of the pduct anufactured and tIle immll r and
loci of the factory, and may contain a secial aor private brand or name of Mid
450 FOOD AND 0OOD CONTROL.
factory; every brand shall be used upon the outside of the ch and so upon the
package containing the same, but in the case of butter, on the p age only; and
shall report annually to the state commissioner of agriculture and labor, who by vir-
tue of his office is state dairy
factory using the said brand, and the name or names of the peron at each manufac-
tory authorized to use the same, together with a copy of each stencil or brand, and
the state dairy commissioner shall keep a book in which shall be
Whoever violates the provisions of this section shall be guilty of
and shall be punished by a fine of not less than ten nor more dollars, for
each and every offense.
7647. ipment through the state. Nothing in this chapterhal be so
to prohibit the shipment of butter and cheese without unl th h the
of North Dkota.
7 48. utter" and "cheese defined. For the purposes of this the te
"butter," or "cheese," shall be understood to mean the ly
by that name, and which is manufactured exclusively from or or
Laws of 1895, ch. 49, sec. 1-10; Revised Code 1899, ch. 67, p. 15.
SEc. 1. Office of assistant dairy commissioner created; duties; alary. I order to
secure the better enforcement of the provisions of this act, and to promote the
improvement of the products of the dairy, the commissioner of riculture, y nd
with the advice and consent of the governor, shall appoint one deputy in his depart-
ment to be known officially as assistant dairy commissioner, who shall have a
tical knowledge of, and experience in, the manufacture of dairy products, and hold
his office during the term of the commissioner of agriculture, subject to removal from
office for inefficiency, neglect or violation of duty. The said t commissioner
shall receive a salary of twelve hundred dollars per annum and his actual and ce
sary expenses in the discharge of his duties under this act. It shall be the duty
the assistant dairy commissioner to enforce, under the direction of the co
of agriculture, all laws that now exist or that hereafter may be enacted in this state
regarding the production, manufacture and sale of dairy products, their imitation
and substitutes; to inspect every creamery, cheese factory or renovating or "process
butter factory" at least once each year; to assist the butter makers, cheese makers
and managers of such factories, and patrons of the same, in order to improve the
quality of the dairy products sold to or manufactured in said factories; and to
cooperate with the dairymen in testing their dairy herds both individually and
collectively. The sum of two thousand dollars is hereby appropriated to which
shal be added the amount collected from the sale of licenses hereinafter provided
for in this at, to be paid for such purposes out of any moneys in the treasury not
otherwise appropriated. All charges, accounts and expenses authorized by this act
shall be paid by the state treasurer of the state upon the warrant of the state auditor.
The entire expense of said sistant commissioner shall not exceed the sum app
priated for the purpose of this act.
SEC. Commi agricl to make detailed annual rpor. The annual
repor of the commissioner of agriculture shall contain a detailed rep o he work
and proceedings, together with an account of expenses and
assistant commissioner, since the preceding report, with such fat and stat s in
regard to the production, manufacture and sale of dairy products with such
tion as he may regard of public importance connected therewith.
8EC. 3. Pwers of asitan dairy omiier. The said astat com oner n
such persns as shall e duly authorized for the purpose sall have
and egress to all places of busines, factories, farms, buildings, c
and cans used in the manufacture and sale of any dairy product or in any mi
theref. They hall also have power and authority to oen any can or
NORTH DAKOTA. 451
which may be manufactured, sold or exposed for sale
i lthe provisis of this act, and may inspect the contents therein and
therefrom for analysis. All clerks, bookkeepers, express agents,
i employes or common carriers shall render to them every assistance
when so requested, in tracing, finding or discovering the presence of
named in this act. istant commissioner, and such per-
duly authorized for the puhall have free access to any barn or
ab r ay cow is kept or milked, or to any factory, building or dairy or
any dairy products are manufactured, handled or stored, when the
r such cow or product is to be sold or shipped to any creamery or cheese
factory in the state and may enforce such measures as are necessary to secure perfect
ein and around the same and of any utensil used therein.
c. 4. reamerie, cheese factories, etc., reqired to take out license annually; fees.
, firm or corporation owning and operating a creamery, cheese factory
or renovating or "process butter factory" in the state shall on the first day of July
of year, or within thirty days thereafter, be licensed by the t dairy com-
mshall pay for said license the sum of ten dollars for each and every
S and operated by said person, firm or corporation. No license shall be
sold or transferred. Each license the name of the owner, firm or corpo-
ration, place of business, the location of the factory and number of same. All fees
collected under this t shall be paid when collected, into the state treas-
Sbe added to the appropriation made for the purpose of carrying out
the provisions of this act.
encil or brand. Every creamery, cheese factory, combined creamery and
or renovating or "process butter factory," shall procure a stencil or
a suitable device and words which shall clearly designate the quality
of produc manufactured, and the number and location of the factory, and it
Sa special or private brand or name of said factory; every brand shall be
upon th outside of the cheese and also upon the package containing the same,
in the e of butter on the package only; and, shall on the first day of July or
thirty days thereafter of each year report to the assistant dairy commissioner
the name, location and number of each factory using the same brand, and the name
or of the persons at each factory authorized to use the same, together with a
of h stencil or brand and the assistant ommissioner shall keep a book in
Sthe same; provided, that any creamery, cheese factory or
or "butter factory" shipping its products to a particular or a
may not be required to use brand as provided for in this act.
c. Blanks t furnished factories. The said assistant comissioner shall pro-
which shall be furnished to all proprietors or managers of crea ries,
chee factories and renovating or process butter factories," which shall be licensed
provisions of this act, for the purpose of making a report of the amount of
Sdairy goods andled and all owners or managers of such caeries,
nd renovating or proce butter factories shall send to the ist-
t dairy ner not later ha the last day of each onth, a full ad accu-
Sof the amount of business done during the preceding month as dignated
the t headings of such printed blank.
SIc. 7. Adulterated milk or skimned milk not to be furnished creamerie or cheese
cream and milk rohibited. No person by imself or his agent or
l, supply or bring to be manufactured to any reaery or cht
ftulterated milk or cream or skimmed milk, or milk from which has
Sback what s commonly known as trippings" (except pure skim milk
to skim cheese factories) or milk taken from an animal having disease, sicknei,
ulcerab or running ores or which has been taken from an animal within
fifteen days efore or five days after arturiton; or cream which has en taken
452 FOOD AND FOOD CONTROL.
from milk, the sale of which has been prohibited; or cream
than the amount of butter fat as prescribed in this act.
SE. 8. dulration defined. For he purpose of this act the of
any so called preservative or anything to whole milk, or i i, i
skimmed milk or cream is hereby declared an adulteration; or
which is obtained from animals fed poany substance of an u n
hereby dlared impure and unwholome; and milk which has b p
reliable method of test or analysis to contain less than twelve per t of milk solids
to the hundred pounds of milk or less than three pounds of butter fat to the hundred
pounds of milk shall be regarded as skimmed or partially skimmed milk, and e
article not containing fifteen per cent or more of butter fat shall not be regarded as
S. 9. State tadard milk and cream measures; a
The state standard milk measures or pipettes shall have for milk a capacity of seven-
teen and six-tenths cubic centimeters, and for cream shall have capacity of eight-
een cubic centimeters, and the state standard test tubes or for milk shall
have a capacity for two cubic centimeters of mercury at a temperature of sixty d
Fahrenheit between "zero" and ten on the graduated scale maked on the necks
thereof; and the standard test tubes or bottles for crea shall have a capacity of six
cubic centimeters of mercury at a temperature of sixty degrees Fahrenheit between
"zero" and thirty on the graduated scale marked on the necks thereof, and it is
hereby made a misdemeanor to use any other sizes of milk measure, pipette, test
tube or bottle to determine the per cent of butter fat, where milk or crea is pur-
chased by or furnished to, creameries or cheese factories, and where the value of
said milk or cream is determined by the per cent of butter fat contained i the
Any manufacturer, merchant, dealer or agent in this state who shall offer for sale or
sell, a cream or milk pipette or measure, test tube or bottle which is not correctly
marked or graduated as herein provided shall be guilty of a mior and, upon
conviction thereof, shall be punished as provided in section 17 of this act.
SEc. 10. Unlawful to under-read tests. It shall be unlawful for the owner,
agent or any employe of a creamery or cheese factory to manipulate or under-read
the Babcock test, or any other contrivance used for determining the quality or value of
11. Adulterated butter, etc., prohibited for sale; oleomargarine No per-
son by himself or hisagents or servants shall render or man sell, offer for
sale, expose for sale, take orders for the future delivery of, have in his on,
keep in storage, distribute, deliver, transfer or convey with intent to sell within this
state any article, product or compound made wholly or partly out of any fat, oil or
oleaginous substance or compound thereof, not produced from unadulterated milk
or cream from the same, which shall be in imitation of yellow butter produced from
pure unadulterated milk or cream of the same; provided, that nothing in this
shall e construed to prohibit the manufacture or sale of oleomargarine in a separate
and distinct form, and in such manner as will advise the consumer of its real char
ter free from coloration or ingredient that causes it to look like butter.
SEc. 12. rgrding oleoargare, butterine, etc. No person by himselfor
his agents or servants hall sell or expose for sale oleomargarine butterine or any
substance made in imitation or semblance of pure butter in tubs, firkins or other
original packages not distinctly, legibly and durably branded, stamped or marked
in a conspicuous place with the word "oleomargarine" or or "imi-
tion butter" as the case may be, in letters not less than one inch in and one-
half inch in width, or in retail package not plainly and conspcu y with
aid words "oleomargarine" or "butterine" or imitation bu as the
NORTH DAKOTA. 453
Pregating renovated ter. No person by himself, or his agents
or servants, shall manufacture, sell, offer or expose for sale butter that is produced
by taking original packing stock or other butter, or both, and melting the same, so
that the btter fat can be drawn off, then mixing the said butter fat with skimmed
ik, or milk or cream, or other milk product, and rechurning the said mixture; or
that is prod by any similar process and is commonly known as boiled or process
butter, unlessfrkn or er original package in which the same may be
put up, be distinctly, legibly and durably branded, stamped or marked in a con-
spious place with the words "renovated butter" in printed letters not less than
one inch in length and one-half inch in width; or be in prints, boxes or rolls not
plainly and conspicuously labeled on the wrapper thereof with said words renovated
butter in printed letters not less than one-half inch in length and one-quarter inch
E. 14. regarding skimmed milk cheese. No person by himself or his
agents or servants shall sell or offer for sale any cheese manufactured from skimmed
milk, or from milk that is partially skimmed, without the same being plainly branded,
stamped or marked on the side or top of both cheese and package, in a durable man-
ner in the English language the words "skimmed milk cheese," the letters of the
words to be not less than one inch in height and one-half inch in width.
c. 15. Proviions regarding filled cheese. No person, by himself or his agents or
servants, shall sell or offer for sale or make or manufacture out of any oleaginous
or substances or any compound of the same or any other compound other
than that produced from unadulterated milk, any article designed to take the place
of cheese, produced from pure milk or any article termed "filled-cheese," shall
stamp a each package of the same on the top and side with lampblack and oil the
words "filled-cheese" or words that shall designat te exact character and quality
of the product in printed letters at least one inch long and one-half inch wide.
16. City council may provide for inspection f milk and dairy herds. The coun-
il of any city or incorporated town may, by ordinance, provide for the inspection of
milk and of dairies and of dairy herds kept for the production of milk within its
limits and issue licenses for the sale of milk within its limits and regulate the same
and may authorize and empower the board of health to enforce all laws and ordi-
nances relating to the production and sale of milk and the inspection of dairies and
dairy herds producing milk for sale within such city.
c. 17. Violation contitutemisdeeanr; penalty. Whoever violates any of the
provisions of this act shall be guilty of a misdemeanor, and up con ion thereof
shall be punished for each offense by a fine of not less than five dollars nor more
than fifteen dollars, or by imprisonment of not less than ten days nor more than
thirty days, or both.
18. Repeal. All acts and parts of acts inconsistent or in conflict with the pro-
visions of this act are hereby repealed.
c. 19. This act shall take effect and be in force from and after its
passage and approval.
Approved March 16, 1905. Laws of 1905, ch. 95, pp. 173-178. [This act proba-
bly supersedes Laws of 1899, ch. 72, ec. 1-16; Revised Code 1899, p. 473.]
than four weeks old; or,
2. Sells or has in his possession with intent to sell as food for man, the meat of ary
calf killed when less than four weeks old,
a So in statutee.
454 FOODS AND FOOD CONTROL.
Is guilty of a misdemeanor and upon conviction is
onment in the county jail not exceeding thirty days or by d
dollars, or by both.
7651. eat may be seized. The meat of any calf killed when
old and exposed for sale or kept with intent to sell for food,
warrant and.destroyed by any health officer, sheriff, deputy
765. Magistrate my issue arra; procedure. Any
cause to believe by complaint on oath made to him, that the m
when less than four weeks old, is kept or concealed within his ty by any per-
son, contrary to the provisions of section 750, may issue his wto a
officer of such county commanding him, in the daytime only, to se for if
found, to seize such meat and to notify such owner or keeper of
that he appear forthwith before the magistrate issuing such warrant to how
why such meat should not be destroyed. If such owner or keeper doe noapper,
or if upon investigation before such magistrate it is determined me is
kept in violation of such section, the agistrate shall ssue his wo such officer
commanding him forthwith to destroy such meat and such of s proceed
accordingly, or if it is determined that such meat is not kept to the pro
visions of such section the same shall be returned to the place where The
costs of the proceedings, if contested, shall be taxed against the pen claiming such
meat if defeated and collected upon execution issued against him, ain civil action,
but if such proceedings are not contested the costs shall be taxed and paid by the
county wherein such proceedings are had.
Laws of 1885, ch. 64; Revised Code 1899, ch. 68, p. 1528.
SUMMARY OF PURE FOOD LAW.
It is the duty of the Government Agricultural Experiment Station at Fao, North
Dakota, to examine all food products offered for sale in the state and when found to
be adulterated to cause the offending party to be prosecuted for vi of the law.
By vote of the Board of Trustees of the Agricultural College te Chemist of the
Experiment Station (E. F. Ladd) becomes the Food Commissioner for North Dakota
and is charged with the duty of enforcing the law in so far as it is made a part of the
duty of the station.
Retail grocers and all merchants deling in food products in making contract r
a new supply of goods should specify that the same must comply with he requir
ments of the Pure Food Law. Some of the conditions of this law as follows
1. All foods and beverages must be free fro coal tar dyes.
2. They must be free from chemical preservatives; formaldehyde,
sulphurous acid, boraic acid, salicylic acid, hydroflouric acid, sacc betan
thol or any alt or antiseptic compound derived from these products.
3. They must be labeled true to name in every respect.
4. Every package, bottle or cartoon must ear the true n weight.
5. It must ear the true name of the manufacturers or jobbers.
6. It must show the true grade of class of the goods.
7. The use of bnzoate of soda one prt in 2000 is permitted n of
perihable goods sold in bulk.
8. If any essential constituent has been removed the substance is adulterated.
9. If any substance has been added so as to deceive or mislead the the
product is adulterated.
10. Mixed or compound substances may be sold when properly
11. Vinegar must be sold under true names. Cider vinegar must be made wholly
NORTR DAKOTA. 455
terated food products in each county.
13. Te station is authorized to fix standards of purity, quality or strength.
14. Ay citien may have foods analyzed at the Experiment Station.
year county auditors must publish in the official county paper a
list of all a terated foods found on sale in the state.
1. If adulterated goods are sold no action can be maintained in any court in the
17. The court may confiscate goods found to be adulterated.
18. The state's attorney must prosecute all persons violating the law when evidence
has been furnished by the Station.
be free from chicory, n not polished and not extracted
20. Extracts must be pure and what they claim to be.
21. Candies must not contain coal tar dyes or harmful products.
2. M must not be colored or contain preservatives.
must not contain tainted or decomposed meats, must not contain
preservatives, coal tar dyes or starch fillers.
Food Commiioner, his age the sheriffs or their deputies, shall have
at all ble hours, for the inspection of foods
Whenever the words "Artificial," "Compound," or "Imitation," etc., are permis-
used these words must be printed immediately preceding or following the
Sare intended to modify, in the same size type and equally prominent with
the words they modify.
S- til further notice the use of benzoate of soda in
with the terms of the food law (section 2, clause 4 of the provision) is
demble in tomato catsup, in crushed fruits intended for use at the soda
in natural fruit syrup prepared for soda fountain e and in bulk cidrs
from natural fruits.
Al n poders must be labeled in accordance with the following:
1st. It must give the true name of the manufacturer.
Slabel mus not contain any advertising or descriptive matter.
The directions for use may be given on the labe.
4 It m t show the true net weight of the can, package, or cartoon.
5th. ere hall be printed on a light colored label in clear and legible type the
: "This baking powder contains the following constituents and none other."
Thre shall follow in the plainest English words an enumeration of the constituents
contained in said baking powder.
The use of suphites is prohibited in all food products.
of r must be free from alum, phosphate, lime salt or other foreign con-
must be free from inert mineral atter, it must contain no terra ala,
chrome yellow or other mineral substance or analine (coal tar dye)
or to health Thy should contain no saccharine,
ne o must be free from all coal tar dye or other foreign colors, blecing
agents, fillers (a starch or flour in corn) chemical nreervatives or saccharine and be
456 D D D
preserved by sterilization with heat only. Copper salts, alums, or iron salts are not
permissible in peas, beans, etc.
oaked goods.-All products put up from previously dried or
productshall be plainly labeled "Soaked" in letters not less liepi in
COFFEES, COCOAS, ETC.
Cofee must be true to name. It must not be coated or polished to
ority. It must contain the extractive volatile matter natural to
Coffee compounds.-Compounds of coffee and chicory, or of and other harm-
less substitutes allied to it in flavor and strength and not intended simply as an
adulterant may be sold when properly labeled "Coffee Compounded." Imi
containing no coffee cannot be old as coffe compounds. They may be sold under
coin names not intended to deceive.
Cocolate, plain or bitter, is the solid or plastic mass obtained byg cocoa
nibs without the removal of fat or other constituents except the or without the
addition of foreign constituents.
Sweet chocolate and chocolate coating are plain chocolate mixed with (sucrose),
with or without the addition of cocoa butter, spice, or other flavoring
Cocoa or powdered cocoa is cocoa nibs, with or without the germs, deprived of a por-
tion of its fat and finely pulverized, but without the addition of foreign matter
Sweet or weetened cocoa is cocoa mixed with sugar. (Sucrose).
CONDIMENTS, SPICES, C.
All spices must be pure. The mixture of any foreign ubstance with any spice is
an adulteration. The extracting of the active principle of any spice as ext ting or
removing the oil from cloves or the active principle of ginger is an adulteration A
mixed or imitation product must not be labeled so as to mislead or deceive the pur-
chaser. The word Compounded" before or after the name of he spice i not a
proper labeling for imitation or adulterated product.
Ctsup must be made from ripe tomatoes without the addition of a filler,
or foreign color. (For preservatives see page 455.)
Pickles must be true to name, free from sacharin, preservatives, copper lts
alums or iron salts.
Lemon extracts must contain not less than five per cent of the pure oil of lemon
dissolved in ethyl alcohol and to be standard should contain the extractive matter
from lemon skins and must be free from foreign coloring matter.
illa racts shall be made wholly from vanilla beans, and shall be free from
any artificial coloring matter.
All other extracts shall be labeled true to name.
Ar icil or thetic extrac may be sold when labeled "Artificial Ext ,"
but when the same natural extract is made from the fruit itself anmitation product
shall not be sold.
Terpenele lemon extract of flaor is considered a permissible fr harmle
substitutes for lemon extract for the use of bakers' and bottlers' goods to be sold n
FRUITS, JELLIES, JAM, PRESERVE8, ET.
These must be free from coal tar dyes, must not be colored and to imitate
ome other product so as to deceive or mislead the purchaser. They must be free
from all prohibited or other injurious preservatives. They must be
sucrose and made exclusively of the fruit specified n the name.
NORTH DAKOTA. 457
Glucose, jellies, jams, etc., are made from pure fruit or fruit juices sweetened with
a statement as to the per cent of each.
ies, am, etc., are substitutes for fruit jellies and made from
ther harmless products free from preservatives, coal ta dye, etc.
cial product made in part or in whole of glucse, dextrine, starch or
other su ances not injurious to health may be distinctly labeled "Imitation fruit,
or butter," but must not contain the name of any fruit so as to deceive or
milead the purchaser.
fruit should not contain worms and be free from zinc, lead, or bleaching
Meats of all kinds must be free from the products of decomposition, without coal
tar colo, or hemical preservatives (such as sulphitess, t aluinium salts,
etc.), and must be true to name.
B:. mod mats to be standar and legal must prepared by the natural process of
sm n, that is by the actual subjection of the meat to the influence of smoke from
T use of chemical preparations for treating meat as a substitute, in whole or
pa. for smoking does not entitle the product to be called "smoked meats."
a are finely divided or hashed meats mixed with spices and flavoring, cooked
ked and free from chemical preservatives, coloring matter or starch.
Sfler.-The use of starch, flour, or potato flour as a filler for sausage and
prepared meat is deemed to be an adulteration, and meats found to contain
such a er will be treated as illegal.
SYRUP, MOLASES, ETC.
S or olaes must be the prodct prepared exclusively from the sap of
the maple tree.
Ssugar r concrete is the product prepared by evaporation to crystallization of
Sp of the maple tree without the addition of sugar from other sources.
Syrup orcornyr is a product of the action of acid on starch and it must
b from acid or sulphites.
, h sup or mcnktees is syrup made exclusively by evaporating the juice of
s i the prouct from the juices of the sugar cane and witout the addition
All st contain at least four per cent of absolute acetic acid carrying in
Sif undistilld, extractives from the fruit, grain, vegetable or yrup used in
preparation. The ter "Vinegar" is limited to water olution of acetic acid
derived from alcohol by fermentation
e or app egar ust be made wholly from the ferented juie of the apple.
Sor other viegar fortified with another must not be sold a cider vinear.
e addition of aple pomae or apple jelly to viegar des not entitle it to sold
inegarmust be made entirely from an infusion of malted grain.
inin i the prduct made by the fermentation of the juic of ra~ S.
or hite ner is the product ade by the acetic fermentation of
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