Citation
Foods and food control

Material Information

Title:
Foods and food control revised to July 1, 1905
Series Title:
Bulletin / Bureau of Chemistry (U.S. Dept. of Agriculture) ;
Portion of title:
Laws of Ohio, Oklahoma, Oregon, Pennsylvania, and the Philippine Islands
Creator:
Bigelow, Willard Dell, 1866-1939
Place of Publication:
Washington, D.C.
Publisher:
U.S. G.P.O.
Publication Date:
Language:
English
Edition:
Rev. ed.
Physical Description:
p. 459-548 : ; 24 cm.

Subjects

Subjects / Keywords:
Food law and legislation -- Oklahoma ( lcsh )
Food law and legislation -- Ohio ( lcsh )
Food law and legislation -- Oregon ( lcsh )
Food law and legislation -- Pennsylvania ( lcsh )
Food law and legislation -- Philippines ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

Statement of Responsibility:
by W.D. Bigelow.

Record Information

Source Institution:
University of Florida
Holding Location:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
029684465 ( ALEPH )
760178981 ( OCLC )

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4 U.S. DEPARTMENT OF AGRICULTURE,
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o H. W. WILEY, Chief.

FOODS AND FOOD CONTROL.

ao VY te TO JOY 1, 1905.

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VI. LAWS OF OHIO, OKLAHOMA, OREGON, PENNSYLVANIA,
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LETTER OF TRANSMITTAL

U.S. DEPARTMENT OF AGRICULTURE,
BuREAU OF CHEMISTRY,
Washington, D. C., October 20, 1905.
Str: I have the honor to submit for your approval a compilation of
the food laws of Ohio, Oklahoma, Oregon, Pennsylvania, and the Phil-
ippine Islands, revised to July 1,190. I recommend that this manu-
script be published as Bulletin No. 69, Revised, Part VI, of the Bureau
of Chemistry.
Respectfully, H.W, OW tier
7 Chief.
Hon. JAmEs WILSON,
Secretary of Agriculture.

Il



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Rulings and regulations of the State department of agriculture. .......... 543
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FOODS AND FOOD CONTROL—VLI.

Revised to July 1, 1905.

VI. Laws of Ohio, Oklahoma, Oregon, Pennsylvania, and the
Philippine Islands.

OHIO.

In response to a letter of inquiry the following statement was made
by Mr. Horace Ankeney, State dairy and food commissioner, who is
charged with the administration of the food laws of Ohio:

As to the efficiency of the laws in force in Ohio, I may say, that in all instances
where we have specific statutes and standards and the manufacturers live inside the
State, there is but little evasion of the law. However, when these same products
are manufactured and sold outside the State to dealers inside the State, the laws are
not so effective and the Commissioner’s work is very much more difficult.

More specific standards and statutes would help to render State food control work
more effective. 1 am not prepared now to statespecifically just what changesare most
needed in the Ohio laws. My most serious difficulties have been with the products
manufactured outside the State, that were not true to representation, and I believe
the highest efficiency can not be reached until we have a National law, regulating
interstate commerce in foods and drugs and requiring that the product shall be in
accordance with a National standard for such product. With National standards, a
National law and a State commissioner empowered by statute to recognize the National
standards as his standards for all products, there will be the highest possible degree
of effectiveness in food control work.

GENERAL FOOD LAWS. 4

7077. (1.) Adulteration prohibited. No person shall, within this state, manufac-
ture for sale, offer for sale, or sell any drug or article of food which is adulterated,
within the meaning of this act.

7078. (2.) Food and drugs—definitions. The term ‘‘drug,’’ as used in this act,
shall include all medicines for internal or external use, antiseptics, disinfectants and
cosmetics. Theterm ‘‘food,’’ as used herein, shall include all articles used for food,
drink, confectionery, or condiment by man, whether simple, mixed or compound.—
As amended April 20, 1904, Laws of 1904 ( House Bill No. 92), p. 116.

7079. (3.) Adulteration defined. An article shall be deemed to be adulterated
within the meaning of this act:

(a) In the case of drugs: (1) If, when sold under or by a name recognized in the
seventh decennial revision of the United States pharmacopoeia, it differs from the

9

“See also ‘‘ Fish,’’ sec. 7184, for packing regulations.
459



Is oS
460 FOODS AND FOOD CONTROL.

standard of strength, quality or purity laid down therein; (2) if, when sold under or
by a name not recognized in the seventh decennial revision of the United States
pharmacopoeia but which is found in some other pharmacopoeia, or other standard
work on materia medica, it differs materially from the standard of strength, quality,
or purity laid down in such work; (3) if, its strength, quality or purity falls below
the professed standard under which it is sold.

(b) In [the] case of food, drink, confectionery or condiment: (1) If, any substance
or substances have been mixed with it, so as to lower or depreciate, orinjuriously affect
its quality, strength or purity; (2) if any inferior or cheaper substance or substanceés
have been substituted wholly or in part for it; (3) if any valuable or necessary con-
stituent or ingredient has been wholly or in part abstracted from it; (4) if it is an
imitation of, or is sold under the name of another article; (5) if it consists wholly, or
in part, of a diseased, decomposed, putrid, infected, tainted or rotten animal or vege-
table substance or article, whether manufactured or not—or, in the ease of milk, if it
is the produce of a diseased animal; (6) if it is colored, coated, polished or powdered,
whereby damage or inferiority is concealed, or if by any means it is made to appear
better or of greater value than it really is; (7) if it contains any added substance or
ingredient which is poisonous or injurious to health; (8) if it is sold under a coined
name and does not contain some ingredient suggested by such name or contains only
an inconsiderable quantity; (9) if the package containing it or any label thereon
shall bear any statement regarding it or its composition which shall be false or mis-
leading in any particular; provided, that the provisions of this act shall not apply to
mixtures or compounds recognized as ordinary articles or ingredients of articles of
food or drink, if each and every package sold or offered for sale be distinctly labeled
in words of the English language, as mixtures or compounds, with the name and
per cent. of each ingredient therein. The word ‘‘compound”’ or ‘‘mixture’’ shall
be printed in type not smaller in either height or width than one-half the largest
type upon any label on the package and the formula shall be printed in letters not
smaller in either height or width than one-fourth the largest type upon any label on
the package, and said compound or mixture must not contain any ingredient injurious
to health.—As amended April 20, 1904, Laws of 1904 (House Bill No. 92), p. 116.

7080. (4.) Sampling. Every person manufacturing, offering or exposing for sale,
or delivering to a purchaser, any drug or article of food included in the provisions of
this act, shall furnish to any person interested, or demanding the same, who shall
apply to him for the purpose, and shall tender him the value of the same, a sample
sufficient for the analysis of any such drug or article of food which is in his possession.

7081. (5.) Penalty. Whoever refuses to comply, upon demand, with the require-
ments of section 4, and whoever violates any of the provisions of this act, shall be
guilty of a misdemeanor, and upon conviction shall be fined not exceeding one hun-
dred nor less than twenty-five dollars, or imprisoned not exceeding one hundred nor
less than thirty days, or both. And any person found guilty of manufacturing, offer-
ing for sale or selling an adulterated article of food or drug under the provisions of
this act, shall be adjudged to pay, in addition to the penalties hereinbefore provided
for, all necessary costs and expenses incurred in inspecting and analyzing such adul-
terated articles of which said person may have been found guilty of manufacturing,
selling or offering for sale.

Passed March 20, 1884. 81 O. L., 67; Laning’s Revised Statutes and Recodified
Laws, 1905, title 5, ch. 8, pp. 1477-1478,

551. (1.) Dairy and food commissioner. There is hereby created the office of
dairy and food commissioner of the state of Ohio. Said commissioner shall be
elected at the general élection held on the first Tuesday after the first Monday in
November, A. D., one thousand eight hundred and ninety-six. He shall take his



’

OHIO. 461



office on the first Tuesday following the fifteenth day of February next after his elec-
tion and shall serve for two years, and until his successor is elected and qualified. He
shall be charged with the enforcement of all laws against fraud and adulteration or
impurities in foods, drinks or drugs, and unlawful labeling in the state of Ohio. His
salary shall be three thousand five hundred dollars per year, and his necessary and
reasonable expense incurred in the discharge of his official duties, to be paid in
monthly installments at the end of each calendar month.

Provided, however, that said salary and expenses provided for herein shall be in
full of all amounts received by said commissioner from all sources whatsoever, and
said necessary and reasonable expenses shall not exceed the sum of seven hundred
and fifty dollars in any one year.—As amended April 1, 1904, Laws of 1904 (House
Bill No. 200), p. 64.

592. (2.) Inspection and prosecution. It shall be the duty of said commissioner or
assistant commissioner, to inspect any articles of butter, cheese, lard, syrup, or other
article of food or drinks, made or offered for sale'in the state of Ohio, as an article of
food or drink, and to prosecute or cause to be prosecuted, any person or persons,
firm or firms, corporation or corporations, engaged in the manufacture or sale of any
adulterated article or articles of food or drink, or adulterated in violation of, or con-
trary to any laws of the state of Ohio.—As amended March 21, 1887, 84 O. L., 2085.

593. (3.) Powers of dairy and food commissioner—district attorneys. The said com-
missioner, or any assistant commissioner, or any inspector, of the dairy and food
department shall have power in the performance of their duty, to enter into any
creamery, factory, store, salesroom, drug store or laboratory, or place where they
have reason to believe food or drink or linseed oil are made, prepared, sold or offered
for sale, and to examine their books, and to open any cask, tub, jar, bottle or pack-
age, containing or supposed to contain any article of food or drink and examine or
cause to be examined and analyzed the contents thereof, and it shall be the duty of
any prosecuting attorney in any county of the state, when called upon by said com-
missioner or assistant commissioner, or any inspector, to render him any legal assist-
ance in his power, to execute the laws, and to assist in the prosecution of cases arising
under provisions of this act.—As amended March 4, 1904, Laws of 1904 (Senate Bill
No. 8), p. 30.

554. (4.) Assistant commissioners, inspectors, etc. Said commissioner may appoint
not to exceed two assistant commissioners, each of whose salaries shall be one thou-
sand dollars per year, and necessary traveling expenses incurred in the discharge of
their official duties, to be paid in like manner with the commissioner’s and on itemized
vouchers approved by said commissioner; the said commissioner shall have power
to employ such experts, chemists, agents, inspectors and counsel as may by him be
deemed necessary for the proper enforcement of the laws, their compensation to be
fixed by the commissioner. And each assistant commissioner and inspector now
serving or hereafter appointed shall, before entering upon or continuing in the dis-
charge of his duties, give bond payable to the state in the sum of $1,000.00 with
sureties to the approval of the dairy and food commissioner conditioned for the faith-
ful performance of his duties, which bond, when so approved, shall be filed with the
secretary of state and be open to inspection at all proper times.

Expenses, vacancies, fines, fees, and costs. All charges, accounts and expenses author-
ized by this act shall be paid out of the state treasury upon vouchers certified by the
commissioner, and upon warrant by the state auditor. The entire expense of said
commissioner shall not exceed in one year the amount specifically appropriated for
such purposes. All vacancies in the office of dairy and food commissioner shall be
filled by appointment of the governor until the next general election, then the same
shall be filled as in the original election. All fines, fees and costs assessed and col-
lected under prosecutions begun, or caused to be begun, by the commissioner, and



462 FOODS AND FOOD CONTROL.

all fines, fees and costs heretofore assessed and collected under prosecution begun or
caused to be begun by the commissioner, shall be paid by the court to the commis-
sioner, and by him paid into the state treasury and be credited to the general revenue
fund of the state.

Office rooms. The two most easterly rooms on the north side of the east end of the
south corridor of the state house, now occupied by the dairy and food commissioner,
are set apart for his use, wherein shall be kept his books, records, or other property
of his office.

Seal, report, accounts, etc. Heshall keep a seal with which to attest official acts and
documents, and shall be entitled to stationery and supplies from the secretary of
state as are other state officers. The commissioner shall make an annual report to
the governor as soon as possible after the 15th day of November of each year, con-
taining itemized statements of all receipts and disbursements, attorney fees in each
specified suit brought in this department, and all persons employed by him, together
with such statistics and other matter as he may regard of value; said reports to be
published as are the other reports of the other state officers.

Bulletins. He shall issue bulletins at such times as he may deem best, giving such
information as he may have of the condition of the various products which it is his
duty to cause to be inspected and the results of analyses by him caused to be made
and such other information as may be serviceable to the publie, which said bulletins
shall be immediately published by the state and distributed by the commissioner.—
As amended March 4, 1904, Laws of 1904 (Senate Bill No. 8), p. 30. Passed May 8, 1886;
88. 0.:Tk, 120:

595. (1.) Commissioner's bond. TheOhiodairy and food commissioner, before enter-
ing upon the discharge of his official duties, shall give bond in the sum of five thousand
dollars to the state, with two or more sureties to the acceptance of the governor,
conditioned that he will truly account for and apply all moneys or other property
which may come into his hands in his official capacity, and for the faithful perform-
ance of the duties of his office as the same are prescribed by law; which bond with
his oath of office indorsed thereon, shall be filed with the secretary of state. — Approved
March 4, 1891; 88 O. Ig, 74.

556. (1.) Clerk. The dairy and food commissioner of Ohio be, and is hereby
authorized to employ a clerk for his office whose compensation shall not exceed
$1,200.00 per annum.—Act of April 24, 1903, as amended March 4, 1904, Laws of 1904
(Senate Bill No. 8), p. 31.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 3, ch. 22, pp.
193-194. ’

7062. Various inspectors and deputies appointed by county probate judges. The pro-
bate judge of each county shall appoint, when it may be necessary, to serve for the
term of three years, one gauger and inspector of domestic and foreign spirits, linseed
oil, lard oil, and coal oil; one inspector of flour, meal, and biseuit; one inspector of
beef, pork, lard, and butter; one inspector of pot and pearl ashes; one inspector of
fish; one inspector of sawed lumber and shingles; and one inspector of salt, who
shall each have the power of appointing as many deputies to act under them as their
respective duties in office may require; and the court may, on complaint and sufli-
cient cause shown, remove any inspector, and fill all vacancies for unexpired term.

7063. Inspectors’ and deputies’ oath and bond. Before any inspector or deputy
inspector, shall enter upon the duties of his office, he shall take an oath that he wil)
faithfully and impartially execute the duties required of him by law; and each
inspector shall, moreover, enter into bond, with sufficient freehold security, to be
approved by the court, in such sum as the court may require, not less than three
hundred nor more than one thousand dollars, made payable to the state; which



1 , :

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mide

'

OHIO. 3 463

\

bond, conditioned for the faithful and impartial performance of the duties required
of him by law, shall be deposited with the treasurer of such county.

7064. Suit against inspector or deputy. Eyery person who may think himself
injured by the incapacity, neglect, or misconduct of such inspector, or his deputy,
may institute a suit on a copy of the bond, certified by the treasurer, for the use of
the person suing; and the bond shall not become void on the first or any subsequent
judgment; but suit must be instituted within one year aiter the cause of action
accrues.

7065. Duties of inspectors; branding; records; fees. The different inspectors or
their deputies, shall, on application within their respective counties, inspect all wheat
or rye flour, or buckwheat meal, biscuit, butter, lard, pork, beef, fish, and pot or
pearl ashes, and when inspected stamp on the cask containing the same, with brand-
ing irons, to be provided by the inspector for that purpose, the name of this state,
with the name of the county where inspected, the kind and quality of the article
inspected, and the weight thereof, which shall be branded on the hogshead, cask,
box, package, barrel, or part thereof, containing the same, which shall be conclusive
evidence between vendor and vendee at the time of the inspection; which branding
irons shall be made and lettered, as may be directed by the probate court; and
every inspector shall make, in a book, to be provided by him for that purpose, fair
and distinct entries of all articles inspected by him or his deputies, with the names
of the persons for whom each article was inspected; and whenever short weight is
ascertained, or under tare marked, the inspector so finding, shall be entitled for
every hogshead, cask, or box containing over one barrel, twenty cents, and for every
barrel and under, ten cents, the charges for repacking and cooperage to be no more
than the average price paid for such work at the time the inspection is had, which
shall be paid by the party demanding the inspection, or as parties may agree, but in
case of forfeiture, then the parties for whose benefit it is condemned, shall pay all
such charges; but in case no condemnation takes place, then the inspector shall be
entitled to the same fees tor the inspection of weight he is for quality, but no more.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 8, pp.
1475-1476.

10569. Penalty for selling, etc., unwholesome provisions. Whoever sells, or offers
for sale, or has in his possession with a view to sell any kind of diseased, corrupted,
adulterated, or unwholesome provisions, whether for meat or drink, without making
the condition of the same known to the buyer, and whoever kills for the purpose of
sale, any calf less than four weeks old, or sells, or has in possession with intent
to sell, the meat of any calf which he knows to have been killed when less than
four weeks old, shall be fined not more than fifty dollars, or imprisoned twenty
days, or both.

10570. Penalty for feeding unwholesome offal or flesh to swine, etc. Whoever feeds to
swine, or animals of any kind used for human food the flesh of any old horse, or the
flesh of any animal which has become old, decrepit, infirm or sick, or of one that
has died from such cause, or any offal or flesh that is putrid or unwholesome, shall
be fined not more than two hundred dollars nor less than fifty, or imprisoned for the
first offense not more than thirty days, or both, and for a second offense not more
than six months, or both.

Passed March 30, 1896. 92 O. L., 97; Laning’s Revised Statutes and Recodified
Laws, 1905, vol. 1, title 1, ch. 7, p. 2089.

10791. Selling by false weights; penalty. Whoever knowingly sells, or directs or
permits any person in his employ to sell, any property, and makes or gives any false
or short weight or measure; and any person owning or having charge of any scales



464 FOODS AND FOOD CONTROL.

or steelyards, for the purpose of weighing any property, who knowingly reports any
false or untrue weight, whereby any person may be defrauded or injured, shall be
fined not more than fifty dollars, or imprisoned not more than thirty days, or both.

10793. Selling articles having forged brand, label, etc., affixed; penalty. Whoever
vends, or keeps for sale, any goods, merchandise, mixture, or preparation, upon
which any forged or counterfeit stamp, brand, imprint, wrapper, label, or trade-mark
is placed or affixed, and intended to represent the said goods, merchandise, mixture,
or preparation as the true and genuine goods, merchandise, mixture, or preparation
of any other person, knowing the same to be counterfeit, shall be fined not more
than one hundred dollars.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 1, ch. 11, pp.
2133-2134.

10800. Failure to mark weights on packages; fraudulent transfer of brands or repacking
of branded packages. Whoever puts up or packs any goods or articles sold by weight,
into any case or package, and fails or omits to mark thereon the gross, tare, and net
weights thereof, in pounds and fractions of pounds, or, with intent to defraud, in
any way transfers any brand, mark, or stamp put upon any case or package by any
manufacturer, to any other case or package, or, with the like intent, repacks any
case or package marked with the brand, mark, or stamp of any manufacturer, with
goods or articles of a quality inferior to the goods or articles of that manufacturer,
shall be fined not more than five hundred dollars, or imprisoned not more than six
months, or both.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 1, ch. 11, p. 2184.

10850. Counterfeiting inspector's brand; penalty. Whoever willfully forges or coun-
terfeits any representation, likeness, similitude, copy, or imitation of the brand or
mark of an inspector appointed according to law, or impresses such forged or coun-
terfeited brand or mark on any cask, barrel, firkin, keg, box, or package containing
articles subject to inspection according to law, shall be fined not more than five
hundred dollars, or imprisoned in the penitentiary not more than twelve months, or
both.

10851. Fraudulent use of genuine brands, stamps, etc. Whoever has in his posses-
sion any die, plate, brand, engraving, printed label, stamp, imprint, wrapper, or
trade-mark, or any representation, likeness, similitude, copy, or imitation thereof,
usually affixed by any person to or upon articles made, manufactured, prepared, or
compounded by him, for the purpose of making impressions or selling the same
when made, or using the same upon any other articles made, manufactured.@ pre-
pared, or compounded by him, for the purpose of making impressions, or selling the
same when made, or using the same upon any other articles made, manufactured,
prepared, or compounded, and passing the same off upon the community as the
original goods, manufacture, preparation or compound of any other person, or so in
fact sells or uses the same, or wrongfully and fraudulently uses the genuine stamp,
brand, imprint, wrapper, label, or trade-mark, with intent to pass off any goods,
wares, merchandise, mixture, compound, or other article, not the manufacture of
the person to whom such stamp, brand, imprint, wrapper, label, or trade-mark
properly belongs, as genuine and original, shall be fined not more than five hun-
dred dollars, or imprisoned not more than twelve months, or both.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 1, ch. 11, p. 2142,



4S8o in Statutes.







>

OHIO. 465

11061. Proceeding to reverse order of conviction in circuit court. Whenever after a
conviction of any crime, misdemeanor or violation of a city ordinance in any court
inferior to the circuit court, such conviction may be reversed by the circuit court;
in each and all such cases the attorney representing the state may take proceedings
in error in the supreme court to reverse the order of reversal in the circuit court,
and it shall be the duty of the clerk of the circuit court on application by or on
behalf of the state to make a record of the docket and journal entries in any such
case, and the clerk shall transmit to the supreme court on the precipe of the attorney,
the record and transcript of all docket and journal entries therein, and of all bills
of exceptions, papers and files in the case. And like proceedings shall be had in the
supreme court at the hearing of the petition in error as in other cases. And it shall
be the duty of the presiding judge of such circuit court to appoint some competent
attorney to argue such case against the prosecuting attorney in the supreme court.
And such attorney shall receive for his services a fee to be fixed by such circuit court
not exceeding one hundred dollars, to be paid out of the treasury of said county
upon the order of such circuit court.

Passed April 17, 1896. Laning’s Revised Statutes and Recodified Laws, 1905,
vol. 1, title 2, ch. 6, p. 2174.

6001. Procedure in administration of food laws, jurisdiction, costs, etc. Any justice
of the peace, police judge, or mayor of any city or village, shall each have jurisdic-
tion within his county, in all cases of violation of the laws to prevent the adulteration
of food and drink, the adulteration or deception in the sale of dairy products, or any
other foods, and drugs and medicines, and any violation of the law for the prevention
of cruelty to animals or children, or under section 4842 [8140-2], 7266 [4364-24],
7267 [4364-25], 10678 [6984a] of the Revised Statutes of Ohio. In any such prose-
cution where imprisonment may be a part of the punishment, if a trial by jury be
not waived, the said justice of the peace shall, not less than three nor more than five
days before the time fixed for trial, certify to the clerk of the court of common pleas
of his county that such prosecution is pending before him. Thereupon said clerk
shall proceed to draw, in the presence of representatives of both parties, from the
jury wheel or box containing the names of persons selected to serve as petit jurors in
the court of common pleas in said county, twenty ballots or names, which shall be
drawn and counted in the same manner as for jurors in said court of common pleas.
Said clerk shall forthwith certify the names so drawn to said justice of the peace,
who, upon receipt thereof, shall issue to any constable of the county a venire con-
taining such names to serve as jurors to try such case and make due return thereof.
The jurors shall be subject to the same challenges as jurors are subject to in criminal
cases, except capital cases, in the court of common pleas. If the venire of twenty
names be exhausted without obtaining the required number to fill the panel, the jus-
tice shall fill the panel with talesmen in the manner provided for criminal cases in
said court of common pleas.

In all cases prosecuted under the provisions of this act, no costs shall be required
to be advanced or be secured by any person or persons authorized under the law to
prosecute such cases; and if the defendant be acquitted or discharged from custody,
by nolle or otherwise, or if he be convicted and committed in default of paying fine
and costs, all costs of such case shall be certified by said justice of the peace under
oath to the county auditor, who, after correcting any errors in the same, shall issue
a warrant on the county treasurer, in favor of the person or persons to whom such
costs and fees shall be paid. And in cases brought for any violation of law for the
prevention of cruelty to animals or children, or under section 4842 [3140-2], 10677
[6984], 10678 [6984a], or 10684 [7017-3] Revised Statutes of Ohio, any humane
society or their agents may employ an attorney to prosecute the same, who shall be



466 FOODS AND FOOD CONTROL.

paid for his services out of the county treasury in such sum as any judge of the court
of common pleas or probate judge, within said county, or the county commissioners,
may approve as just and reasonable.

In pursuing or arresting any defendant and in subpcenaing the witnesses, the juris-
diction and powers of the constable or other court officer acting in such capacity, in
all such cases, shall be the same as that of the sheriff of the county in criminal cases
in the common pleas court, and he shall receive the same fees therefor as are allowed
said sheriff. Jurors in all such cases and witnesses subpcenaed in all such cases shall
be entitled to like mileage and fees, as are allowed in criminal cases in the court of
common pleas, and in all other respects, in so far as the same may ‘be applicable, the
procedure provided for in criminal cases in the common pleas court not otherwise
inconsistent herewith, shall be followed. And provided further, that where, in any
such laws, after the first offense, a different punishment is provided for subsequent
offenses, the information or affidavit, in order to avail the state of the benefit of such
additional punishment, shall so charge that it is the second or subsequent offense, and
unless such special charge is so made, the punishment shall in all cases be as of the
first offense. All costs and moneys which are to be paid by the county treasurer as
herein provided, shall be paid out of the general revenue fund of said county.

And in any case prosecuted under the provisions of this section, a new trial, after a
verdict of conviction, may be granted, for any of the reasons enumerated in section
11114 [7350] of the Revised Statutes, upon the written application of the defendant,
filed within three days after the rendition of the verdict; provided that the causes
enumerated in subdivision two, three and five of said section must be sustained by
affidavits or other evidence showing their truth and may be controverted by like
evidence.

Passed May 10, 1902. Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1,
title 11, ch. 14, pp. 1256-1257.

ALCOHOLIC BEVERAGES.

7196. (1). Adulterated wine defined; penalty. All liquors denominated as wine con-
taining alcohol, ‘‘except-such as shall be produced by the natural fermentation of
pure, undried grape-juice,’’ or compounded with distilled spirits, or by both meth-
ods, whether denominated as wine, or by any other name whatsoever, in the nature of
articles for use as beverages, except as allowed in section four [7199] of this act, or for
compounding with other liquors for such use, and all compounds of the same with
pure wine, and all preserved fruit-juices compounded with substances not produced
from undried fruit, in character of, or intended for use as beverages, and all wines
(including all grades and kinds) which contain, or in the production or manufacture
of which, any glucose, or unerystallized grape or starch sugar, or cider, or pomace of
grapes out of which the juice has been pressed or extracted, known as grape cheese,
has been used, and all wines, imitation of wines or other beverages produced from
fruit into which carbonic acid gas has been artifically injected, or which shall con-
tain any alum, baryta, salts, caustic lime, carbonate of soda, carbonate of potash,
carbonic acid, salts of lead, salicylic acid or any other antiseptic, coloring matter
(other than produced from undried fruit, or pure sugar), essence of either@ or any
foreign substance whatever, which is injurious to health, shall be denominated as
adulterated wine, and

Any person or persons who shall manufacture, or cause the same to be done, with
intent to sell, or shall sell or offer to sell, any of such wine or beverage, shall be
guilty of a misdemeanor, and shall be punished by a fine of not less than two hun-
dred dollars, or more than one thousand dollars, or be imprisoned in the county jail

aSo in Statutes.



——" ~

b i: OHIO. ; 467

ia

vt

for a term of less than thirty days or more than six months, or by both such fine and
imprisonment, in the discretion of the court, and shall be liable to a penalty of one
dollar for each gallon thereof sold, offered for sale, or manufactured with intent to
sell, and such wine or beverage shall be deemed a public nuisance and forfeited to
the state, and shall be summarily seized and destroyed by any health officer, mar-
shal, constable or sheriff, within whose jurisdiction the same shall be found, and the
reasonable expense of such seizure and destruction, not exceeding the amount paid
for similiar services, shall be a county charge, and paid out of the county treasury
in the same manner as costs in criminal cases, where the state fails to convict, are
now allowed and paid out of such treasury.—As amended March 26, 1891, 88 O. L. 231.

7197. (2.) Defining ‘‘pure wine;’’ labels. For the purpose of this act the words
‘* pure wine”’ shall be understood to mean the fermented juice of the undried grapes,
without the addition thereto of water, sugar, or any foreign substance whatever; and

All such wines shall be known as ‘‘ pure wine”’ and shall be stamped, branded,
labeled, designated and sold as ‘‘ pure wine,’’ and the name and kind of wine, and
that of the locality where such wine is made, and of the manufacturer, may also be
added; and it shall be unlawful to affix any stamp, brand or label containing the
words ‘‘pure wine’’ (either alone or with other words) on any vessel, package,
bottle or other receptacle containing any substance other than pure wine as in this
section defined, or to prepare, or use on any vessel, package, bottle, or other recep-
tacle containing any liquid, any imitation or counterfeit of such stamp, label or
brand, or any stamp, label or brand of such form and appearance as to be calcu-
lated to mislead or deceive any person, or cause to be supposed that the contents
thereof be pure wine, or to use any vessel, package, bottie or other receptacle, hav-
ing such stamp, brand or label affixed thereon, except for pure wine, as in this sec-
tion defined; and if the name of the manufacturer is added, then only of such
manufacturer’s make, providing the same is pure wine. And any person selling
such wine shall in the invoice thereof plainly state and designate the same as ‘‘ pure
wine.’’—As amended March 26, 1891, 88 O. L. 231.

7198. (3.) ‘‘Wine”’ defined. For the further purpose of this act the word ‘‘ wine”’
shall be understood to mean the fermented juice of undried grapes; provided, how-
ever, that the addition of pure white or crystallized sugar to perfect the wine, or the
using of the necessary things to clarify and refine the wine which are not injurious
to health, shall not be construed as adulterations, but such wine shall contain at
least seventy-five per cent. of pure grape juice, and shall not contain any artificial
flavoring whatever; and

All such ‘‘ wine’’ shall be known as ‘‘wine,’’ and shall be stamped, branded,
labeled and sold as ‘‘ wine,’’ in the same manner as is provided in section two [7197]
of this act in case of pure wine, except the words in this case shall be ‘‘ wine ”’ with-
out the prefix ‘‘ pure’’ and all the provisions of said section two [7197], as far as
applicable, shall govern the manufacture and sale of ‘‘wine’’ as in this section
defined. And any person selling such wine shall in the invoice thereof plainly state
and designate the same as ‘‘ wine’’ without using the prefix ‘‘ pure.’’—As amended
March 26, 1891, 88 O. L. 281.

7199. (4.) ‘‘Compounded wine’’ defined; labeling. For the further purpose of this
act, the word ‘‘compounded wine”’ shall be understood to mean any wine which con-
tains less than seventy-five per cent. of pure undried grape-juice, and is otherwise pure,
and all wines containing alcohol or any other distilled spirits not produced by the
natural fermentation of pure undried grapes, such wine shall be known as com-
pounded wine, and shall be branded, marked, labeled and sold as compounded wine,
and the name of such wine may be added, or such wine shall be branded, labeled
and marked by using the word ‘‘compounded’’ next preceding the name of such
wine, such as ‘‘compounded sweet catawba,”’ or ‘‘compounded port wine,’”’ or the
like (and an addition of pure distilled spirits not to exceed eight per cent. of its



~

468 FOODS AND FOOD CONTROL.

volume shall not be taken to be an adulteration of such wine); and upon each and

every package, barrel or other receptacle of such wine, which shall contain more than
three gallons, there shall be stamped upon both ends of such package, barrel or other
receptacle, in black printed letters at least one inch high and of proper proportion, the
words ‘‘compounded wine’’ or the name of such wine, preceded by the word ‘‘com-
pounded”’ as in this section provided, and upon all packages or other receptacle
which shall contain more than one quart and up to three gallons, there shall be
stamped upon each of said packages or receptacles in plain, printed black letters, at
least one-half inch high, and of proper proportion, the words ‘‘compounded wine,”’’
or the name of such wine, preceded by the word ‘‘compounded,”’ as in this section
provided, and upon all packages, bottles or other receptacles of one quart or less,
there shall be placed a label securely pasted thereon, on which label the words
‘*compounded wine,’’ orthe name of the wine, preceded by the word ‘‘compounded,”’
shall be plainly printed in black letters at least one-fourth of an inch high and of
proper proportion. Should any number of such packages or other receptacle be
inclosed in a larger package, as a box, barrel, case or basket, such outside package
shall also receive the stamp ‘‘compounded wine” or the name of such wine, pre-
ceded by the word ‘‘compounded,’’ the letters to be the size according to the
amount of such wine contained in such outside packages. And any person selling
wine of the kind this section defined, shall in the invoice thereof plainly state and
designate such wine as ‘‘ compounded wine.’’—As amended March 26, 1891, 88, O. L.
231.

7200. (5.) Misbranding; penalty; prosecutions. Any person or persons who shall
sell or offer for sale, or manufacture or cause the same to be done, with intent to
sell any wine stamped or labeled, or branded, or designated in any manner as
‘“pure wine,”’ either by including the word ‘‘ pure’’ with ‘‘wine’”’ alone or in con-
nection with other words, which is not ‘‘ pure wine”’ as is in section two [7197]
of this act defined, or any wine stamped, or labeled or branded, or in any manner
designated as ‘‘ wine,’’ but which is not wine, as in section three [7198] of this act
defined, or shall violate any provision of said sections two [7197] and three [7198] of
this act, or shall sell or offer for sale, or manufacture, or cause the same to be done,
with intent to sell any wine of the kind and character as described in the fourth
section [7199] of this act, which shall not be stamped, marked, or labeled after
the manner and mode therein prescribed, or which is falsely stamped, or marked, or
labeled, such person or persons shall be guilty of a misdemeanor, and shall be pun-
ished by a fine of not less than one hundred dollars or more than one thousand dol-
lars for each and every offense, or by imprisonment in the county jail not less than
thirty days, or more than six months, or both fine and imprisonment, in the discre-
tion of the court, and in addition thereto shall be liable to a penalty of one-half
dollar for each gallon thereof sold, offered for sale, or manufactured with intent to
sell or offer for sale. All penalties imposed by this act, may be recovered with costs
of action by any person in his own name, before any justice of the peace in the
county where the offense was committed, where the amount does not exceed the
jurisdiction of such justice; and such penalties may be recovered in the like manner
in any court of record in the state, but on the recovery by the plaintiff in such case
for a sum less than fifty dollars, the plaintiff shall only be entitled to costs to amount
equal to the amount of such recovery.

It shall be the duty of the prosecuting attorney of the respective counties of this
state, and they are hereby required to prosecute or commence action in the name of
tht state of Ohio, for the recovery of the penalties allowed herein, upon receiving
proper information thereof, and in actious brought by such prosecuting attorney,
one-half of the penalty recovered shall belong to and be paid over to the person or
persons giving the information upon which the action is brought, and the other one-
half shall be paid to the treasurer of the county in which said action is brought,

—_—





_———— ry ™

OHIO. 469

within thirty days from the time of its collection, and such money shall be placed to
the credit of the poor fund of the town, city or township in which the cause of action
arose, after paying therefrom a reasonable attorney fee to the prosecuting attorney
prosecuting such suit, to be fixed and allowed by the court trying such cause. All
judgments recovered in pursuance of the provisions of this act, with interest thereon,
may be collected and enforced by the same means and in the same manner as judg-
ments in other cases. Two or more penalties may be included in the same action.

7201. (6.) Medicated wines, etc., exempt. The provisions of this act shall not apply
to medicted wines, such as are put up and sold for medicinal purposes only; nor to
currant wine or other wines made from fruits, other than grapes, which are plainly
labeled, or branded, or designated and sold, or offered for sale under names including
the word wine, but also expressing distinctly the fruit from which they are made, as
*“gooseberry wine,” ‘‘elderberry wine,’’ or the like.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 8, pp.
1493-1495.

10608. Branding; penalty. Whoever, being engaged in the manufacture and sale
of intoxicating liquor, fails to brand on each package containing the same the name
of the person or company manufacturing, rectifying, or preparing the same, and also
the words ‘‘Containing no poisonous drug, or other added poison,’’ shall be fined
not more than one thousand dollars, and imprisoned not more than six months nor
less than one month.

10609. Adulteration; penalty. Whoever adulterates, except for medicinal or
mechanical purposes, any spirituous or alcoholic liquors, by mixing the same with
any substance, or sells or offers to sell any such liquor, knowing the same to be thus
adulterated, or imports into this state, and sells or offers to sell, any such liquor,
knowing the same to be thus adulterated, and not inspected as required by law,
shall be fined not more than five hundred. nor less than one hundred dollars, and
imprisoned not more than thirty nor less than ten days.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 1, ch. 8, p. 2098.

7189. Standard for casks and barrels. All barrels or casks containing domestic
spirits shall be made of good, well seasoned white oak timber, clear of sap wood,
bound with not less than ten good and sufficient hoops.

7190. Inspectors to brand casks as to quality and quantity of contents. Each inspector
of domestic spirits, appointed under the provisions of this chapter, shall provide
himself with the most common and approved instruments for ascertaining the
capacity of a barrel or cask, and with the hydrometer used by United States inspectors
for ascertaining the strength of spirituous liquors, to test the quality or proof thereof,
and to keep the same in good order; and when called upon for that purpose shall
immediately gauge or ascertain the capacity and contents of any barrel or cask, and
the quality or proof of the contents thereof, and mark on such barrel or cask the true
quantity the barrel or cask will contain, in wine gallons, the amount of wastage, and
the quality or proof of such domestic spirits, with the word ‘‘Ohio,’’ and the name
of the county where inspected.

7191. Liquors to be inspected. The inspector shall inspect all alcoholic liquors
imported into or manufactured in the county in which he is inspector, unless the
same has the inspector’s brand of some other county in this state, which brand shall
be evidence of the purity of the article.

7192. Sale of uninspected liquor; penalty. Any person who sells or offers to sell
any spirituous liquors, not inspected as herein provided, shall be fined in any sum
not exceeding five hundred dollars, nor less than one hundred dollars, and impris-
oned in the jail of the county, not more than thirty, nor less than ten days.



470 FOODS AND FOOD CONTROL.

7193. Inspector’s record; fees and expenses. The inspector shall keep an accurate
account of all liquors by him inspected, and mark on the casks or barrels the word
*‘pure,’’ if so found, and if otherwise, the word ‘‘ impure;’’ and when he finds any
adulterated liquors, he shall give notice to the prosecuting attorney of the county, of
the person owning or offering for sale such adulterated liquors, who shall forthwith
institute proceedings against such persons as hereinafter provided; and if, upon the
trial, he is found guilty of a violation of the foregoing provisions, the inspector shall
forthwith destroy such adulterated liquor; the inspector shall be entitled to receive
for his services, two dollars per day, and mileage at the rate of five cents per mile,
for each mile he may necessarily be required to travel in the discharge of his duties,
from the owner of the same, or the person offering to sell.

7194. Medicinal liquors, etc., exempt. The provisions of this chapter shall not be
so construed as to prevent druggists, physicians, and persons engaged in the mechan-
ical arts, from adulterating liquors for medicinal or mechanical purposes.

7195. Inspector’s fine for dealing in articles inspected. Any person appointed
inspector and gauger of domestic and foreign spirits, or linseed oil, who purchases,
stores, freights, or in anywise deals in the articles he is appointed to inspect or
gauge, either directly or indirectly, shall forfeit and pay, for every such offense, a
sum not exceeding one hundred dollars, and be removed from office.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 8, p. 1498.

10805. False branding; fine. Whoever puts into any barrel, cask, or other vessel,
having the private stamp, brand, wrapper, label, or trade-mark usually affixed by
any maker of wine from grapes grown within the state of Ohio, adulterated liquors,
for the purpose of deceiving any person by the sale thereof, shall be fined not more
than one hundred dollars, or imprisoned not more than twelve nor less than three
months, or both.

10806. False use of casks branded ‘‘pure.’? Whoever puts into any barrel, cask, or
other vessel, branded or marked pure by any inspector in this state, adulterated
liquors, or knowingly sells or offers for sale such liquors in packages so branded,
shall be imprisoned in the penitentiary not more than twelve months.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 1, ch. 11, p. 2135.

10828. Adulteration of domestic wines. Whoever adulterates any wine made, or
juice expressed, from grapes grown within the state of Ohio, by mixing therewith
any drugs, chemicals, cider, whiskey, or other liquor; and whoever sells, or offers to
sell, any such adulterated wine or grape juice, knowing the same to be adulterated,
shall be fined in any sum not more than three hundred nor less than fifty dollars.

10829. Adulteration of liquors; penalty. Whosoever adulterates, for the purpose
of sale, any spirituous, alcoholic or malt liquors used or intended for drink, or medical
or mechanical purposes, with coculus-indicus, vitriol, grains of paradise, opium, alum,
capsicum, copperas, laurel water, logwood, Brazil-wood, cochineal, sugar of lead, aloes,
glucose, tannic acid, or any other substance which is poisonous or injurious to health,
or with any substance not a necessary ingredient in the manufacture thereof; and
whosoever sells or offers or keeps for sale any such liquors so adulterated, shall be
fined in any sum not less than twenty nor more than one hundred dollars, or be
imprisoned not less than twenty nor more than sixty days, or both, at the discretion
of the court. And any person guilty of violating any of the provisions of this section,
shall be adjudged to pay, in addition to the penalties hereinbefore provided for, all
necessary costs and expenses incurred in inspecting and analyzing any such adulter-
ated liquors of which said party may have been guilty of adulterating, or selling, or
keeping for sale, or offering for sale. —As amended March 25, 1882, 79 O. L., 52.





» ae

— OHIO. AG1

10830. Manufacturing or selling poisoned liquors. Whosoever uses any active poison
in the manufacture or preparation of any intoxicating liquor, or sells in any quantity
any intoxicating liquor so manufactured or prepared, shall be imprisoned in the peni-
tentiary not more than five years nor less than one year.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 1, ch. 11, p. 2138.

10849. Forging brand, stamp, label or trade-mark. Whoever wilfully forges or coun-
terfeits any representation, likeness, similitude, copy, or imitation of the private brand,
wrapper, label, or trade-mark usually affixed by any person to or upon the goods,
wares, merchandise, preparation, or mixture of such person, or by any maker of
wine from grapes grown within this state, to the bottles or casks used by him to
contain the same, with the intent to pass off any work, goods, manufacture, wine,
compound, preparation, or mixture, to which such forged or counterfeit representa-
tion, likeness, similitude, copy, or imitation is affixed, or intended to be affixed. 4
as the work, goods, manufacture, wine, compound, preparation, or mixture of such
person, shall be fined not more than five hundred dollars, or imprisoned not more
than twelve months, or both.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 1, ch. 11, p. 2142.
CANDY.

7074. Manufacture and sale of adulterated candy. No person shall manufacture for
sale, or sell or offer to sell any candy adulterated by the admixture of terra alba,
berytes,@ talc, or other mineral substance, or poisonous colors or flavors, or other
ingredients deleterious or detrimental to health.

7075. Samples. Every person manufacturing any candy, or offering or exposing
the same for sale, shall furnish to any person interested or demanding the same, who
shall apply to him for that purpose, and shall tender him the value of the same, a
sample sufficient for the analysis thereof.

7076. Penalties. Whoever refuses to comply, upon demand, with the require-
ments of section 2 [7075], and whoever violates any of the provisions of this act,
shall be guilty of a misdemeanor, and upon conviction, shall be fined not exceeding
one hundred dollars nor less than twenty-five dollars, or imprisoned not exceeding
one hundred nor less than thirty days, or both; and he shall be adjudged to pay in
addition all necessary costs and expenses incurred in the inspecting and analyzing
such adulterated candy, and the same shall be forfeited and destroyed under the
direction of the court.

Passed May 8, 1896. 83 O. L., 119; Laning’s Revised Statutes and Recodified
Laws, 1905, vol. 1, title 5, ch. 8, p. 1477.

CANNED GOODS.

10802. (1.) Sale of unlabeled canned fruits and vegetables. It shall hereafter be
unlawful in this state for any packer or dealer in preserved or canned fruits and veg-
etables, or other articles of food, to offer such canned articles for sale after January
1, 1886, with the exception of goods brought from foreign countries or packed prior
to the passage of this act, unless such articles bear a mark to indicate the grade or
quality, together with the name and address of such firm, person or corporation that
pack the same or dealer who sells the same.

10803. (2.) Labeling of ‘‘soaked’’ goods and cans of maple molasses. All soaked
goods, or goods put up from products dried before canning, shall be plainly marked
by an adhesive label, having on its face the word ‘‘soaked,’’ in letters not less in

@So in Statutes.

10945—No. 69, pt 6—06——2



472 FOODS AND FOOD CONTROL.

size than two-line pica, of solid and legible type; and all cans, jugs, or other pack-
ages, containing maple syrup or molasses, shall be plainly marked by an adhesive
label, having on its face the name and address of the person, firm, or corporation
who made or prepared the same, together with the name and quality of the goods, in
letters of the size provided in this section.—Amended February 23, 1886, 83 O. L., 10;
reenacted April 8, 1886, 83 O. L., 73.

10804. (3.) False or fraudulent stamps or labels; penalty. Any person, firm, or cor-
poration who shall falsely stamp or label such cans or jars containing preserved fruit
or food of any kind, or knowingly permit such false stamping or labeling, and any
person, firm or corporation who shall violate any of the provisions of this act, shall
be deemed guilty of a misdemeanor, and punished with a fine not less than $50 in
the case of vendors, and in the case of manufacturers, and those falsely or fraudu-
lently stamping or labeling such cans or jars, a fine of not less than $500 nor more
than $1,000; and it shall be the duty of any board of health in this state, cognizant
of any violation of this act, to prosecute any person, firm or corporation which it has
reason to believe has violated any of the provisions of this act, and after deducting
the costs of trial and conviction, to retain for the use of such board the balance of
the fine or fines recovered.

Passed April 29, 1885. Laning’s Revised Statutes and Recodified Laws, 1905, vol.
1, title 1, ch. 11, p. 2135.
DAIRY PRODUCTS.4

7107. (1.) Adulterated or diseased milk. Whoever, by himself or by his servant,
or agent, or as the servant or agent of any other person, sells, exchanges or delivers,
or has in his custody or possession with intent to sell or exchange, or exposes or
offers for sale or exchange, adulterated milk, or milk to which water or any foreign
substance has been added, or milk from diseased orsick cows, shall, for a first offense,
be punished by a fine of not less than fifty nor more than two hundred dollars; for
a second offense, by a fine of not less than one hundred dollars nor more than three
hundred dollars, or by imprisonment in the workhouse for not less than thirty nor
more than sixty days; and for a subsequent offense, by a fine of fifty dollars, and by
imprisonment in the workhouse of not less than sixty nor more than ninety days.

7108. (2.) Skimmed milk sold as pure. Whoever, by himself or by his servant or
agent, or as the servant or agent of any other person, sells, exchanges or delivers, or
has in his custody or possession, with intent to sell or exchange, or exposes or offers
for sale as pure milk, any milk from which the cream or part thereof has been
removed, shall be punished by the penalties provided in the preceding section.

7109. (3.) Skimmed milk must be labeled. No dealer in milk, and no servant or
agent of such a dealer, shall sell, exchange, or deliver, or have in his custody or
possession, with intent to sell, exchange or deliver, milk from which the cream
or part thereof has been removed, unless in a conspicuous place, above the center,
upon the outside of every vessel, can or package, from which or in which such milk is
sold, the words ‘‘skimmed milk’’ are distinctly marked in uncondensed gothic letters
not less than one inch in length. Whoever violates the provisions of this section
shall be punished by the penalties provided in section 1. [7107.]

7110. (4.) Milk standards. In all prosecutions under this chapter, if the milk is
shown upon analysis to contain more than eighty-eight per cent. of watery fluid, or
to contain less than 12 per cent. of solids or to contain less than three per cent. of
fats, it shall be deemed for the purpose of this chapter to be adulterated.—As amended
April 20, 1904, Laws of 1904, (House Bill No, 258), p. 119.

Passed April 10, 1889, 86 O. L., 229; Laning’s Revised Statutes and Recodified
Laws, 1905, vol. 1, title 5, ch. 8, p. 1482.

« See also General Food Laws.





OHIO. 473

7111. (1.) Imitation butter and cheese. No person, by himself or his agent, or his
employee, shall render or manufacture for sale out of any animal or vegetable oils,
not produced from unadulterated milk or cream from the same, any article in imita-
tion or semblance of natural butter or cheese produced from pure unadulterated
milk or cream from the same, nor compound with, or add to milk, cream or butter
any acids or other deleterious substance, or animal fats or animal or vegetable oils
not produced from milk or cream, so as to produce any article or substance, or any
human food, in imitation or semblance of natural butter or cheese, nor shall sell,
keep for sale or offer for sale any article, substance or compound made, manufactured
or produced in violation of the provisions of this section, whether such article, sub-
stance or compound shall be made or produced in this state or elsewhere.

7112. (2.) Natural butter and cheese, etc., defined. For the purpose of this act the
terms ‘‘ natural butter and cheese,’’ ‘‘ natural butter or cheese produced from pure
unadulterated milk or cream from the same, butter and cheese made from unadul-
terated milk or cream, butter or cheese, the product of the dairy,’’ and butter or
cheese, shall be understood to mean the products usually known by the terms butter
and cheese, and which butter is manufactured exclusively from pure milk or cream
or both, with salt and with or without any harmless coloring matter, and which
cheese is manufactured exclusively from pure milk or cream or both, with salt and
rennet and with or without any harmless coloring matter or sage. It is further
provided that nothing in this act shall be 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 character, free from any coloring matter or other
ingredient causing it to look like or appear to be butter, as above defined.

71138. (3.) Penalty. Whoever violates the provisions of this act shall be guilty of
a misdemeanor, and be punished by a fine of not less than one hundred dollars, nor
more than five hundred, or not less than six months’ nor more than one year’s
imprisonment, for the first offense, and by imprisonment for one year for each
subsequent offense.

Passed March 7, 1890. 84 O. L., 51; Laning’s Revised Statutes and Recodified
Laws, 1905, vol. 1, title 5, ch. 8, pp. 1482-1483.

7114. (1.) Coloring matter in oleomargarine. No person shall manufacture, offer
or expose for sale, sell or deliver, or have in his possession with intent to sell or
deliver, any oleomargarine which contains any methly [methyl] orange, butter
yellow, annatto, analine dye, or any other coloring matter.

7115. (2.) Placards to be displayed by dealers in oleomargarine. Every person who
shall offer or expose for sale, sell or deliver, or have in his possession with intent to
sell or deliver, any oleomargarine, shall keep a white placard not less in size than ten
by fourteen inches, in a conspicuous place where the same may be easily seen and
read, in the store room, stand, booth, vehicle or place where such substance is
offered or exposed for sale, on which placard shall be printed in black letters, not
less in size than one and one-half inches square, the words, ‘‘ oleomargarine sold
here;’’ and said placard shall not containgany other words than the ones described;
and no person shall sell or deliver any oleomargarine unless it be done under its true
name and each package has on the upper side thereof a label on which is printed in
letters not less than five-eighths of an inch square, the word ‘‘ oleomargarine,’’ and in
letters not less than one-eighth of an inch square, the name and per cent. of each
ingredient therein.

7116. (3.) Placards to be displayed by hotel proprietors, ete. Every proprietor,
keeper, manager or person in charge of any hotel, boat, railroad car, boarding-house,
restaurant, eating-house, lunch-counter or lunch-room, who therein sells, uses, serves,
furnishes or disposes of or uses in cooking, any oleomargarine, shall display and



474 FOODS AND FOOD CONTROL.

keep a white placard in a conspicuous place, where the same may be easily seen and
read, in the dining-room, eating-room, restaurant, lunch-room or place where such
substance is furnished, served, sold or disposed of, which placard shall be in size not
less than ten by fourteen inches, upon which shall be printed in black letters, not
less in size than one and a half inches square, the words, ‘‘oleomargarine sold and
used Here,’’ and said card shall not contain any other words than the ones above
described, and such proprietor, keeper, manager or person in charge shall not sell,
serve or dispose of such substance as for butter when butter is asked for or purported
to be furnished or served.—As amended Feb. 13, 1896, §2 O. L., 28.

7117. (4.) Oleomargurine defined. The word ‘‘ oleomargarine”’ as used in this act
shall be construed to mean any substance, not pure butter of not less than eighty per
cent. of butter-fats, which substance is made as substitute for, in imitation of, or to
be used as butter.

7118. (5.) Penalty. Any manufacturer who violates any of the provisions of this
act shall, upon conviction thereof, be fined in any sum not less than one hundred
dollars nor more than five hundred dollars; and for each subsequent offense, in
addition to the above fine, may be imprisoned in the county jail not more than
ninety days. Any other person violating any of the provisions of this act shall, upon
conviction thereof, be fined not less than fifty dollars nor more than one hundred
dollars.

Passed May 16, 1894. 91 O. L., 247; Laning’s Revised Statutes and Recodified
Laws, 1905, vol. 1, title 5, ch. 8, p. 1483.

7119. (1.) Filled cheese and skimmed cheese. Whoever, by himself or his agents,
sells, exposes for sale, or has in his possession with intent to sell, any article, substance,
or compound made in imitation or semblance of cheese, or as a substitute for cheese,
and not made exclusively and wholly of milk or cream with salt, rennet, and with
or without harmless coloring matter, or containing any fats, oils or grease not pro-
duced from milk or cream, shall have the words ‘‘filled cheese,’’ and all cheese
made exclusively and wholly from milk or cream with salt, rennet, and with or
without harmless coloring matter, and containing less than thirty per cent. of pure
butter fat, shall have the words ‘‘skimmed cheese,’’ stamped, labeled, or marked,
in printed letters of plain uncondensed gothic type, not less than one inch in length,
so that the words cannot easily be defaced, and upon the side of every cheese, cheese-
cloth or band around the same, and upon the top and side of every tub, firkin, box
or package containing any of said articles, substance, or compound. And in case of
retail sales of any of said articles, substance or compound, not in the original package,
the seller shall, by himself or his agents, attach to each package so sold, and shall
deliver therewith to the purchaser, a label or wrapper bearing in a conspicuous place
upon the outside of the package the words “filled cheese’’ or ‘‘skimmed cheese,’’ as
the case may be, in printed letters of plain, uncondensed gothic type, not less than
one inch in length.—As amended April 7, 1898, 938 O. L., 89; and as further amended
April 23, 1904, Laws of 1904 ( House Bill No. 488), p. 252.

7120. (2.) Penalty. Whoever, by himsglf or his agents, sells, exposes for sale, or
has in his possession with intent to sell, any article, substance or compound made in
imitation or semblance of cheese, or as a substitute for cheese, except as provided in
section 1 [7119] of this act, and whoever with intent to deceive, defaces, erases, can-
cels, or removes any mark, stamp, brand, label or wrapper provided for in said sec-
tion, or in any manner shall falsely label, stamp, or mark any box, tub, article, or
package marked, stamped, or labeled as aforesaid, shall be punished by a fine of not
less than fifty nor more than one hundred dollars, or by imprisonment in the county
jail not less than ten nor more than thirty days for the first offense, and by a fine of
not less than one hundred nor more than two hundred dollars, or by imprisonment



: OHIO. 475

in the county jail not less than twenty nor more than sixty days, or both, for each
subsequent offense.

7121. (3.) Penalty. Whoever, by himself or his agents, sells, exposes for sale, to
any person who asks, sends or inquires for cheese, any article, substance or compound
made in imitation or semblance of cheese, or as a substitute for cheese, not made
entirely from milk or cream, with salt, rennet, and with or without harmless color-
ing matter, and containing not @ less than thirty per cent. pure butter fats, shall be
punished by a fine of not less than fifty nor more than one hundred dollars, or by
imprisonment in the county jail not less than ten nor more than thirty days for the
first offense, and by a fine of not less than one hundred nor more than two hundred
dollars, or by imprisonment in the county jail not less than twenty nor more than
sixty days, or both, for each subsequent offense.—As amended April 23, 1904, Laws of
1904 (House Bill No. 453), p. 252.

7122. (4.) Brands and placards on imitation cheese; penalty. Whoever, by himself
or his agents, sells or offers for sale, any article, substance, or compound made in
imitation or semblance of cheese, or as a substitute for cheese not made entirely from
milk or cream, with salt, rennet, and with or without harmless coloring matter, not
marked and distinguished by all the marks, words and stamps required by this act,
and not having in addition thereto upon the exposed contents of every opened tub,
box, or parcel thereof, a conspicuous placard with the words ‘‘filled cheese’’ or
‘‘skimmed cheese’’ as the case may be printed thereon in plain, uncondensed let-
ters, not less than one inch long, shall be punished by a fine of not less than fifty
nor more than one hundred dollars, or by imprisonment in the county jail not less
than ten nor more than thirty days for the first offense, and by a fine of not less than
one hundred nor more than two hundred dollars, or by imprisonment in the county
jail not less than twenty nor more than sixty days, or both, for each subsequent
offense.

7123. (5.) Imitation cheese placard at place of business; penalty. Whoever, by him-
self or his agents, sells ‘‘filled cheese,’’ or ‘‘skimmed cheese’’ or any substance
made in imitation or semblance of cheese, or as a substitute for cheese, not made
entirely from milk or cream, with salt, rennet, and with or without harmless col-
oring matter, from any dwelling, store, office or public mart, shall have, conspicu-
ously posted thereon the placard or sign, in letters not less than four inches in
length ‘‘filled cheese sold here,’’ or ‘‘skimmed cheese sold here’’ as the case may
be. Any person neglecting or failing to post the placard herein provided for shall be
punished by a fine of one hundred dollars for the first offense, and by a fine of one
hundred dollars for each day’s neglect thereafter.

7124. (6.) Imitation cheese placards on sides of vehicle. Whoever, by himself or his
agents, peddles, sells, solicits orders for the future delivery of, or delivers from any
cart, wagon, or other vehicle, upon the public streets or ways, ‘‘filled cheese,’’ or
‘skimmed cheese’’ or any substance made in imitation or semblance of cheese, or as
a substitute for cheese, not made entirely from milk or cream, with salt, rennet, and
with or without harmless coloring matter, not haying on both sides of said cart,
wagon, or other vehicle, the placard in uncondensed gothic letters not less than
three inches in length, “filled cheese’’ or ‘‘skimmed cheese,’’ shall be punished by
a fine of not less than fifty nor more than one hundred dollars or by imprisonment
in the county jail not less than ten nor more than thirty days for the first offense, and
by a fine of not less than one hundred nor more than two hundred dollars or by
imprisonment in the county jail not less than twenty nor more than sixty days, or
both, for each subsequent offense.

7125. (7.) Use of imitations in hotels, etc.; penalty. Whoever, by himself or his
agents, furnishes, or causes to be furnished, in any hotel, restaurant, or [at] any

«So in Statutes.



476 FOODS AND FOOD CONTROL.

lunch-counter ‘‘filled cheese,’’ or ‘‘skimmed cheese”’ or any substance made in imi-
tation or semblance of cheese, or as a substitute for cheese, not made entirely from
milk or cream, with salt, rennet, and with or without harmless coloring matter, to
any guest or patron of said hotel, restaurant, or lunch counter, in the place or stead
of cheese, shall notify said guest or patron that the substance so furnished is not
cheese, and any person so furnishing without said notice, shall be punished by a fine
of not less than ten nor more than fifty dollars for each offense.

7126. (8.) Cheese brands; records; fees; penalty. Every manufacturer of full milk
cheese may put a brand upon each cheese so manufactured indicating ‘‘full milk
cheese,’’ with the date and year when made, and no person shall use such a brand
upon any cheese made from milk from which any of the cream has been taken. The
food and dairy commissioner shall procure and issue to the cheese manufacturers of
the state, upon proper application, which application shall be made on or before the
first day of April, 1896, and on or before the first day of April of each’ year there-
after, and under such regulations as to the custody and use thereof, as he may describe,
a uniform stencil brand bearing a suitable device or motto, and the words ‘‘Ohio
state full cream cheese.’’ Every such brand shall be used upon the outside of the
cheese, cheese cloth or band around the same, and upon the box or package con-
taining the same, and shall bear a separate number for each separate factory. The
said commissioner shall keep a book in which shall be registered the name, location,
and number of each manufacturer using the brand, and the name or names of the
person or persons in each factory authorized to use the same. No such brand shall
be used upon any other but full cream cheese or packages containing the same: pro-
vided, that nothing in this section shall be construed to prohibit the manufacture and
sale of pure skimmed cheese made from milk that is clean, pure, healthy, wholesome,
and unadulterated except by skimming. The commissioner shall receive a fee of one
dollar for each registration according to the provisions of this section, such fee to be
paid by the person applying for such registration. Whoever, by himself or his
agents, violates any of the provisions of this section, shall be punished by a fine of
not less than fifty nor more than one hundred dollars or by imprisonment in the
county jail not less than ten nor more than thirty days for the first offense, and by a
fine of not less than one hundred nor more than two hundred dollars or by imprison-
ment in the county jail not less than twenty nor more than sixty days, or both, for
each subsequent offense.

7127. (9.) Person defined. The word ‘‘person”’ as used in this act, shall include
persons, corporations and companies.

Passed March 3, 1896. O. L. 1896, ch. 92, p. 51; Laning’s Revised Statutes and
Recodified Laws, 1905, vol. 1, title 5, ch. 8, pp. 1483-1485.

7092. (1.) Artificial dairy products; labels. No person shall sell, expose or offer
for sale or exchange, any substance purporting, appearing, or represented to be butter
or cheese, or having the semblance of either butter or cheese, which substance is not
made wholly from pure milk, or cream, salt and harmless coloring matter, unless it
is done under its true name, and each vessel, package, roll or parcel of such substance
has distinctly and durably painted, stamped, stenciled or marked thereon the true
name of such substance in ordinary bold faced capital letters, not less than five line
pica in size, and also the name of each article or ingredient used or entering into the
composition of such substance, in ordinary bold faced letters, not [less] than pica in
size, or sell or dispose of in any manner to another any such substance without deliy-
ering with each amount sold or disposed of, a label on which is plainly or legibly
printed in ordinary bold faced capital letters, not less than five line pica in size, the
true name of such substance, and also the name of such articles used and entering
into the composition of such substance in ordinary bold faced letters, not less than





OHIO. 477

pica in size, if the same be not made wholly from pure milk, or cream, salt and harm-
less coloring matter; and the words ‘‘butter,’’ ‘‘creamery,’’ or ‘‘dairy,’’ or any word
or combination or words embracing the same, shall not be placed on any vessel,
package, roll or parcel containing any imitation dairy product or substance not made
wholly from pure milk, or cream, salt, and harmless coloring matter.—As amended
March 21, 1887, 84 O. L., 182. :

7093. (2.) Manufacture of artificial butter or. cheese. No person or persons shall
manufacture out of any oleaginous substance or substances, or any compound of the
same other than that produced from unadulterated milk or cream, salt and harmless
coloring matter, any article designed to be sold as butter or cheese made from pure
milk or cream, salt and harmless coloring matter. Nothing in this section shall pre-
vent the use of pure skimmed milk in the manufacture of cheese.

7094. (3.) Further restrictions on manufacture. No person or persons shall manu-
facture, mix, compound with or add to natural or pure milk, cream, butter or cheese,
any animal fats, animal, mineral or vegetable oils, nor shall any person or persons
manufacture any oleaginous or other substance not produced from pure milk or cream,
salt and harmless coloring matter, or have the same in his possession, or offer or
expose the same for sale or exchange with intent to sell or in any manner dispose of
the same as and for butter and cheese made from unadulterated milk or cream, salt
and harmless coloring matter, nor shall any substance or compound so made be sold
or disposed of to any one as and for butter or cheese made from pure milk or cream,
salt and harmless coloring matter.

7095. (4.) False branding of imitations. No person or persons shall sell, exchange,
expose or offer for sale or exchange, dispose of or have in his possession any substance
or article made in imitation or resemblance of, or as a substitute for any dairy prod-
uct which is falsely branded, stenciled, labeled or marked as to the place where made,
the name or cream value thereof, its composition or ingredients, or in any other
respect.

7096. (5.) Brands false as to manufactory and quality. No person or persons shall
sell, exchange, expose or offer for sale or exchange, dispose of or have in his posses-
sion any dairy products which are falsely branded, stenciled, labeled or marked as
to the place where made, date of manufacture, the name or cream value thereof, com-
position or ingredients, or in any other respect, and cheese wholly made from skimmed
milk shall have branded upon the box or can ‘‘ made from skimmed milk.”’

7097. (6.) Card to be displayed by dealers in artificial dairy products. Every person
in this state who shall deal in, keep for sale, expose or offer for sale or exchange, any
substance other than butter or cheese made wholly from pure milk or cream, salt and
harmless coloring matter, which appears to be, resembles, or is made in imitation of,
or as a substitute for butter or cheese, shall keep a card not less in size than ten by
fourteen inches, in a conspicuous and visible place where the same may be easily
seen and read in the store, room, stand, booth, wagon or place where such substance
is, on which card shall be printed, on a white ground, in bold, black, Roman letters,
not less in size than twelve line pica, the words, ‘‘ oleomargarine’’ or ‘‘ imitation
cheese ’’ (as the case may be), ‘‘sold here,’’ and said card shall not contain any other
words than the ones above prescribed; and no person shall sell any oleomargarine,
suine, imitation cheese, or other imitation dairy product, at retail or in any quantity
less than the original package, tub or firkin, unless he shall ,first inform the pur-
chaser that the substance is not butter or cheese, but an imitation of the same.—As
amended March 8, 1888; 85 O. L., 74.

7098. (7.) Card to be displayed by keepers of hotels. Every proprietor, keeper, or
manager, or person in charge of any hotel, boarding house, restaurant, eating house,
lunch counter, or lunch room, who therein sells, uses, or disposes of any substance
which appears to be, resembles, or is made in, or as an immitation of, or is made as
a substitute for butter or cheese, under whatsoever name, and which substance is not



478 FOODS AND FOOD CONTROL.

wholly made from pure milk or cream, salt, and harmless coloring matter, shall dis-
play and keep a card in a conspicuous place, where the same may be easily seen and
read in the dinning, eating, resaturant, and lunch room, and place where such sub-
stance is sold, used, or disposed of, which card shall be white and in size not less
than ten by fourteen inches, upon which shall be printed in plain, bold, black Roman
letters, not less in size than twelve-line pica, the words “ oleomargarine sold and
used here,’’ or ‘‘imitation cheese sold and used here”’ (as the case may be), and
said card shall not contain any other words than the ones above described, and such
proprietor, keeper, manager, or person in charge shall not sell, furnish, or dispose of
such substance as and for ‘‘ butter and cheese,’’ made from pure milk or cream, salt,
and harmless coloring matter, when butter or cheese is asked for.—As amended
March 8, 1888, 85 O. L., 74.

7099. (8.) Fraudulent shipments. No person or persons shall pack, box, inclose,
ship or consign any substance, as butter or cheese made from pure milk or cream,
salt and harmless coloring matter, in such a manner as to conceal an inferior article
by placing a finer grade of butter or cheese upon the surface of the same.

7100. (9.) Sale to factories of diluted milk; false accounts. No person or persons
shall sell to any person, or deliver or carry or cause to be carried to any cheese or
butter factory to be manufactured, any milk diluted with water or in any way
adulterated, or from which any cream has been taken, or milk commonly known as
“‘skimmed milk,’’ or milk from which [the] part known as “‘strippings’’ has been
withheld with the intent to defraud, or keeps or renders any false account of the
quantity or weight of milk furnished at or to any factory for manufacture or sold to
any manufacturer.

7101. (10.) Impure and skimmed milk. No person or persons shall sell, exchange,
or offer for sale or exchange, any unclean, impure, unhealthy, unwholesome milk,
or sell, exchange, or offer for sale or exchange as ‘“ pure milk,’’ milk diluted with
water or milk known as skimmed milk.

7102. (11.) Milk falsely labeled, etc. No person or persons shall sell, exchange,
expose, or offer for sale or exchange, have in his possession or dispose of in any
manner, any milk which is falsely branded, labeled, marked or represented as to
grade, quantity or place where produced or procured.

7103. (12.) Unhealthy cows, etc. No person shall keep cows for the production of
milk for any purpose, in a cramped or unhealthy condition, or feed them on unhealthy
food, or upon food that produces impure, unhealthy or unwholesome milk.

7104. (13.) Condensed milk. No person shall manufacture, sell, exchange, expose
or offer for sale or exchange, any condensed milk, unless the package, can or vessel
containing the same shall be distinctly labeled, stamped or marked with its true
name, brand, by whom and under what name made, and no condensed milk shall
be made, exchanged, exposed or offered for sale or exchange, unless the same be
made from pure, clean, healthy, fresh unadulterated and wholesome milk, from
which the cream has not been removed, or unless the proportion of milk solids con-
tained in the condensed milk shall be in amount the equivalent of twelve per centum
of milk solids in crude milk, and of such solids, twenty-five per centum shall be fat.

7105. (14.) State institutions. No butter or cheese not made wholly from pure
milk or cream, salt and harmless coloring matter, shall be used in any of the char-
itable or penal institutions of the state.

7106, (15.) Penalties. Any person or persons violating any of the provisions or
sections of this act shall, upon conviction thereof, be fined not less than fifty or
more than two hundred dollars for the first offense, or for each subsequent offense
not less than one hundred dollars or more than five hundred dollars, and be impris-
oned not less than ten days or more than ninety days, or both.

Passed May 17, 1886. O. L., 1886, ch. 83, p. 178; Laning’s Revised Statutes and
Recodified Laws, 1905, vol. 1, title 5, ch. 8, pp. 1480-1482.





alk

OHIO. ; 479

7138. Packing and inspection of butter and lard. All butter and lardshall be packed
in tight and well seasoned firkins or kegs, on each of which shall be marked with a
marking iron, the tare and net weight of the butter or lard therein contained; and
the inspector or his deputy shall bore each firkin or keg of butter or lard, and by exam-
ining diagonally from one head to the other, with a hollow instrument or searcher,
so as to be able to discover the quality of the whole, ascertain that it is clear of
mold, or a rancid or musty taste; in which case he shall brand the same, as provided

in section 7063 [4278].

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 8, p. 1486.

7447. Records of butter and cheese factories. Every person engaged in the busi-
ness of manufacturing butter or cheese, or both, for others, shail keep full and accu-
rate accounts of the business, which books and accounts shall show the exact weight
of the milk received from others to be manufactured, and the exact weight of the
product thereof in butter or cheese, or both; and if milk is received from more than
one person, and mixed in the manufacturing thereof, the books and accounts shall
show the exact weight of the milk received from each, and the product shall be at
the end of the month awarded ratably among the persons whose milk was used
therein.

7448. Records of sales by manufacturer. li the manufacturer is authorized to sell
the product, the books and accounts shall also show each sale of the product, the
place where, and to whom sold, and the price at which sold, the gross proceeds, the
commission or compensation, and the net share of each person whose milk was used
in the manufacture; and dividends on sales shall be made and paid as contracted for
by and between the parties.

7449. Books open to inspection; penalties. The books and accounts above required
to be kept, shall be open to the examination of any person interested therein, who
shall have the right to take a copy of any account in which he is interested, such
examining and copying to be done only at reasonable hours, and without interfering
with the keeping of the accounts; and any manufacturer failing to keep the books
and accounts herein named, and in the manner herein specified, or who shall
unreasonably prevent or obstruct the examination or copying thereof, as aforesaid,
or who shall for three days after the time specified in section 7448 [4373 b] of this act,
demand therefor, refuse or neglect to deliver to any person the share of the product
of such manufacturer, to which he is entitled, or refuse or neglect to pay to any
person the share of the proceeds of sale to which he is entitled, shall thereby
forfeit all commission or compensation to which he would otherwise be entitled; and
shall also be liable for the milk received, to be manufactured, or manufactured and
sold, at the highest market price, during the month in which it was delivered:
provided, that sections 7447 [4373a], 7448 [4373b] and section 7449 [4373c] shall
apply to companies, firms, and corporations engaged in said manufacture, as well as
individuals.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 12, pp.
1544-1546.

$506. Inspectors; veterinarian’ s certificate; powers of board of health. The board of
health may appoint such number of inspectors of dairies, slaughter-houses, shops,
wagons, appliances, food and water supplies for animals, milk, meat, butter, cheese
and substances purporting to be butter or cheese, or having the semblance of butter
or cheese and such other persons as may be necessary to carry out the provisions of
this chapter, define their duties, and fix their compensation, and the health officer
may be appointed and authorized by said board to perform all the duties of such
inspectors; and such inspectors may, for such purpose, enter any house, vehicle, or



480 FOODS AND FOOD CONTROL.

yard; and the board of health shall keep for public inspection a record of the names,
residences, and places of business of all persons engaged in the sale of milk or meat,
and may require permits, to be renewed semi-annually and for which a charge of not
more than fifty cents may be made, after inspection, to vend either milk or meat,
and the board may refuse to grant such permit or revoke one already given if, upon
inspection, the cows or milk are found to be kept in an unsanitary condition; and
the board may require a certificate from a licensed veterinarian showing the cows
furnishing milk brought for sale within its jurisdiction are free from tuberculosis or
other dangerous disease, and should scarlet fever, typhoid or other dangerous con-~
tagious or infectious disease occur in the family of any dairyman or among his
employes, or in any house in which milk is kept for sale, it shall be the duty of such
dairyman or vendor of such milk to immediately notify the health officer of the city,
village or hamlet in which such milk is sold, or is offered for sale, of the facts of the
case, and the health officer may order the sale of such milk stopped, pending an
investigation to be made without delay, and for such time thereafter as the board of
health may require; and the board of health may make and enforce such orders as
it may deem necessary to prevent the sale of impure, adulterated and unwholesome
milk, or milk liable to carry disease.

3507. Inspectors’ authority; sampling and analysis. All dairies, including the cows,
cow stables, milk-houses, and milk-vessels, the owners of which offer for sale within
the limits of the corporation milk or butter manufactured by such owners, shall be
subject to inspection by the inspectors, and also any manufactory of butter or cheese,
or place where such substances or either of them are sold, shall be subject to inspec-
tion by the inspectors; the inspector may enter any place where milk is sold, or kept
for sale, and all carriages used for the conveyance of milk within the corporate limits;
and also any manufactory or place where butter or cheese, or substances having the
semblance of butter or cheese, are manufactured, or any place where such substances
are sold, or kept for sale within the corporate limits; and whenever he has any reason
to believe milk found therein is impure or adulterated, or any butter or cheese, or
substances haying the semblance of butter or cheese found therein contain any
impure, unwholesome or deleterious substances, or is being sold or offered for sale
under any false, or deceptive name or designation, that any butter or cheese not made
from pure cream or milk, or any substance having the semblance of butter or cheese, is
being sold or offered for sale, without being branded or stamped, as required by sec-
tion 7090, he shall take specimens thereof, and subject them to satisfactory tests; or,
if the board of health so direct, to chemical analysis, the result of which he shall
record and preserve as evidence, and a certificate of such result, sworn to by the
analyst shall be admissible in evidence in all prosecutions under this chapter, or any
law of this state.

Laning’s Revised Statutes and Recodified Laws, 1905, vol 1, title 12, diy. 6, ch. 1,
p. 742.

7128. (1.) Babcock test. In the use of the Babcock test, the standard milk, meas-
ures or pipettes, shall have a capacity of 17.6 cubic centimeters; and the standard
test tubes or bottles for milk, shall have a capacity of 2 cubic centimeters for each
10 per cent marked on the necks thereof; the standard unit of cream for testing shall
be 18 grams, and it is hereby made a misdemeanor to use any other standards of
milk or cream measure where milk or cream is purchased by or furnished to cream-
eries or cheese factories and where the value of said milk or cream is determined by
the per cent. of butter fat contained in the same by the Babcock test.

7129. (2.) Graduated apparatus. Any manufacturer, merchant, dealer, or agent
in this state who shall offer for sale or sell a milk pipette or measure, test tube or
bottle, which is not correctly marked or graduated, as herein provided, shall be






. OHIO. 481

guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided
in section 4 [7131] of this act.

7130. (3.) Correct testing. Itshall be unlawful for the owner, manufacturer, agent,
or any employee of a cheese factory, creamery or condensed milk factory or other
place where milk is tested for quality or value to manipulate or under-read or over-
read the Babcock test or any other contrivance used for determining the quality or
_ yalue of milk or cream or to make any false determination by said Babcock test or
otherwise.

7131. (4.) Penalty. Whoever shall violate any of the provisions of this act shall
be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine

of not less than twenty-five dollars nor more than one hundred dollars.

Approved April 23, 1904. Laws of 1904, (House Bill No. 341), p. 285; Laning’s
Revised Statutes-and Recodified Laws, 1905, title 5, ch. 8, pp. 1485-1486.

| FISH.

7150. Inspection. Any person taking, in the waters of this state, or bringing or
importing into this state, any fish, taken in any waters without this state shall, imme-

_ diately on bringing such fish on shore, or importing the same into any port or county

in this state, except shad, mackerel, and herring, and before any part thereof are

~ sold are bartered, in barrels or casks, or offered for sale or bartered within this state,
cause such fish to be inspected and branded by the inspector, at the port or place at
which the same are landed, or brought into this state.

7151. Penalty. Every person neglecting or refusing to comply with the provisions
of the preceding section, shall forfeit and pay for each and every hundred pounds
weight of fish so by him sold, or offered forsale, without being inspected and branded
as aforesaid, the sum of five dollars, to be recovered by civil action, before any court
having jurisdiction thereof, with costs of suit; which suit may be prosecuted in the
name of the state.

7152. Barreled fish—inspection and records. All fish hereafter sold in barrels or
half-barrels in this state, shall be contained in barrels or half-barrels of the descrip-
tion hereafter specified; and before offered for sale, shall be inspected by some
inspector, appointed under this chapter, who shall, immediately on application for
that purpose, either by himself or deputy, attend and perform the duties of his
appointment, and make and keep entries thereof, as provided in section 7065 [4280].

7153. Construction of barrels; packing regulations. All fish barrels shall be made
of good, sound, and seasoned timber, of such kind as the inspector deems sufficient;
and shall be well bound with at least twelve sufficient, smart hoops, or eight flat
hoops, not less than two inches broad, secured with at least three nails in each chime
hoop, and shall contain two hundred pounds weight of clean fish in each barrel, and
one hundred pounds weight of clean fish in each half-barrel; and only one species of
fish shall be put or packed into the same barrel or half-barrel; and such fish shall
be salted with a quantity of salt, not less than fifty pounds of coarse salt, or fifty-six
pounds of fine salt, to each barrel, and in the same proportion to each half-barrel.

7154. Brands; fee. The inspector, when inspecting any fish, shall cause the same
to be opened and examined, and ascertain that such fish have been properly cleaned
and salted, and that the same are of one species and of good quality, and shall cause
the same to be packed in scribed@ by the board and be subject to such rules and
regulations as it may adopt. In good and sufficient barrels or half-barrels, and the
requisite quantity of salt applied, or so much as the inspector may deem necessary
for preserving such fish when, in the opinion of such inspector, the same has not
been done; and shall brand, or cause the same to be branded, on the head of each



j @4So in Statutes,



482 FOODS AND FOOD CONTROL. ~

barrel or half-barrel the word ‘‘Ohio,’’? the name of the port or county where
inspected, the species of fish, the word and figure ‘‘No. 1,’’ or ‘‘ No. 2,”’ as the same
may be of the first or second quality, and the initial letter of such inspector’s chris-
tian name, and his surname in full; and the fees of the inspector for inspecting half-
barrels of fish shall be fifteen cents.

7155. Cooper’s brand. Each cooper, master cooper, or owner of a coopershop, or
other person making casks, barrels, firkins, or other vessels which have to be
inspected by any inspector, shall brand or cause to be branded on the head of each
cask, barrel, firkin, or other vessel by him made, so to be inspected, the initial letter
of his christian name, and his surname in full, with the word ‘‘cooper’’ on its right; the
‘inspector, for the want of such brands, shall condemn all such vessels; and when
any barrel, cask, or other vessel to be inspected has the brand of the cooper as
aforesaid, and the same is condemned by the inspector, he shall, when so required
by any person interested, certify the cause of the inefficiency of such barrel, cask or
other vessel, whether the cause,of such inefficiency is in the cooperage, or whether
it arises from the age, or bad or improper usage of the same after it left the cooper’s
hands.

7156. Weight regulations. every package or vessel being or purporting to be a fractional part of a barrel of fish,
shall contain a like fractional part of two hundred pounds net, of fish, exclusive of
salt, brine, and paekage; and every barrel or other vessel of fish put up or sold in
this state, shall have the number of pounds of fish contained therein distinctly
branded upon the head thereof.

7157. Fish dealer's bond. Every person or firm engaged in packing, repacking, or
selling packed fish in this state, may enter into bond to the state, with sufficient
surety to the satisfaction of the clerk of the court of common pleas of the county
wherein such person or firm is so engaged, in the penal sum of five thousand dollars,
conditioned for the putting up, packing, or repacking, and branding of fish, accord-
ing to law, which bond shall be deposited and kept in such clerk’s office, and may be
proceeded on by any person aggrieved by reason of the non-compliance with any
condition thereof.

7158. Bonded dealer may inspect and brand fish; liability. Every person or firm so
entering into bond, may inspect and brand all fish so put up, and packed or sold by
him or it; but the brand shall set forth the full name and place of business of such
person or firm, the quality, kind, and weight of fish, so put up or sold; and such
brand shall be a full guaranty of the facts so set forth, and for any breach thereof,
such person or firm shall be liable on such bond.

7159. Brand of weight, quality and kind; penalty. No person shall put up or pack
any barrrel or other vessel, without the weight, quality, and kind of fish contained
therein, being branded thereon, or knowingly to sell or offer for sale any such barrel
or other vessel of fish put up without being so branded, or having in fact less quan-
tity or a different quality or kind than that represented in the brand, unless the
variation is distinctly and plainly noted in writing upon a card fastened upon the
head of such barrel or vessel at the time of the sale or of the offer to sell; and every
person so offending shall, for every such offense, forfeit and pay a penalty not less
than ten nor more than one hundred dollars and costs, recoverable before any justice
of the peace having jurisdiction, at the suit and for the use of any person aggrieved,
and shall, moreover, be liable in an action for damages.

7160. Disposal of offal; penalty. Every person who hereafter takes any fish, to the
amount of one or more barrels, within any of the waters of this state, shall bury the
offals at least two and a half feet beneath the surface of the earth, or burn the same,
within one day after such fish are taken and cleaned; and any person refusing or
neglecting to comply with the provisions of this section, shall be fined in any sum





qa!

P
,

OHIO. : 483

not exceeding fifty nor less than five dollars, with costs of suit, before any justice of
the peace of the county in which the offense is committed, on the complaint of any
person.

_ Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 8, pp.
1488-1489.

7182. Unmerchantable if barrels do not conform to law; repacking. Ti, on view, the
inspector or his deputy, called upon for that purpose, find that any of the barrels,
firkins or kegs, heretofore mentioned, [See also Sec. 7170-7179—Salt] are not made
in conformity with the provisions of this chapter, he shall desist from any further
inspection of the contents, and judge the same unmerchantable, and thereupon con-
demn and brand, or mark such barrel or other cask accordingly; but nothing in this
section contained, shall be so construed as to prevent a repacking of such articles in
proper and sufficient barrels and casks; and when done, may be inspected and passed,
if found good and merchantable, as in other cases under this chapter.

7183. Inspector’s liabilities; fine. If any inspector or deputy inspector fails or
neglects to perform the duties annexed to his office, or purchases stores, freights, or
in any wise deals in any article he is appointed to inspect, or is convicted of partial-
ity, or of having acted contrary to the directions of this chapter, he shall forfeit and

pay, for every such offense, a sum not exceeding fifty dollars, with costs of suit, to
‘be recovered before any court having jurisdiction thereof, for the use of the county,
and shall moreover be removed from office, and be liable to the party injured for

damages.

7184, Light weight of any packed food; penalty. Any manufacturer of flour or meal,
or packer of meat, butter, lard, or any other packed article sold by weight, who
undermarks the tare upon any hogshead, cask, box, or barrel, or part thereof, or
puts therein a less quantity than that marked or branded thereon as specified by law,
shall forfeit the hogshead, cask, box or barrel, or part thereof, and half the contents

_ therein contained, one-fourth of the whole contents to go to the party injured, who

shall prosecute for the same, together with such other damages as he may sustain,
and the other fourth to the use of the poor of the township where the conviction is
had, the balance to be accounted for to the manufacturer or packer, who shall be
notified by the inspector; but such forfeiture shall not take place, nor conviction be
had, when the light weight has been occasioned after leaving the manufacturer or
packer, provided such packing has been done according to law.

7185. Inspector’s certificates. When the inspector condemns any of the articles in
this chapter enumerated, he shall forthwith, on demand, deliver to the owner thereof,
or his agent, a certificate, distinctly setting forth the time, place, and cause of such
condemnation; and when any of such articles have been inspected and declared of
good quality and merchantable, he shall, on demand as aforesaid, deliver a certificate
thereof, for the benefit of the owner thereof.

7186. Fees. The inspectors appointed under this chapter shall receive the follow-
ing fees for their services, namely: For each barrel of wheat flour or rye flour,
three cents; for each barrel of buckwheat meal, two cents; for each barrel of domestic
spirits, five cents; for each barrel of biscuits, six cents; for each firkin or keg of butter
or lard, three cents; for packing and inspecting each barrel of pork or beef, twenty
cents; for each hali-barrel thereof, fourteen cents; for packing, examining and in-
specting each barrel of fish, twenty cents; and for inspecting each barrel of pot or
pearl ashes, twelve cents.

7187. Offenses of inspectors; penalty. An inspector or deputy inspector who demands
or receives any greater sum than is provided in the foregoing section, or directly or
indirectly purchases any article by him inspected, and condemned as unfit for expor-
tation, or in any wise unsalable or unmerchantable, shall forfeit and pay, for every



484 FOODS AND FOOD CONTROL.

such offense, a sum not exceeding fifty dollars, together with costs of suit, to be
recovered before any court having jurisdiction thereof.

7188. Municipal inspectors. This chapter shall not in any manner affect or take
away the power to appoint inspectors granted to any municipal corporation.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 8, p. 1492.

FLOUR.

7066. Flour casks; quality brand; inspection. All flour and meal shall be packed
in well-made casks of seasoned timber, twenty-seven inches in length, when finished,
with a cut head of seventeen and one-half inches, tightly bound, with ten smart
hoops, or six flat hoops two inches broad, secured with four nails in each end hoop,
and three nails in each outward bilge hoop; each barrel to contain one hundred and
ninety-six pounds of flour or meal, and the tare of the cask shall be marked on the
head of each barrel of flour or meal, by the miller, with a marking iron; and the
weight of the flour or meal shall be branded on the cask, with a branding iron, to be
by him provided for that purpose; and when flour or meal is exhibited for inspec-
tion, the inspector shall bore and search the same with a proper instrument, so as to
ascertain if it be sweet, and of the kind and quality marked by the miller; and if he
judge it sweet and of good quality, he shall plug up the hole tight, and cause the
same to be branded, as is prescribed in section 7065 [4280]; but if, on examination,
the flour or meal is found to be sour, or of bad quality, or not merchantable, it shall
be condemned; but if merchantable, though of a quality inferior to, or different -
from, that represented by the miller’s brand, such brand shall be erased, and the
proper quality marked thereon by the inspector.

7067. Miller’s brand; penalty. Each miller or mill owner shall brand or cause to
be branded, on the head of each barrel or side of each sack the weight and quality
of the flour or meal contained therein, and the initial letter of his christian name
and his surname in full; or if the mill is owned or operated by more than one person,
then the name of such persons or company; and if any miller, mill owner or com-
pany shall neglect so to brand the same, or shall pack or expose for sale flour or meal
in any barrel or sack of a less quantity or poorer quality than branded thereon, he
or they shall forfeit and pay for each offense the sum of ten dollars for the use of the
county, and shall be further liable to any party injured in double the amount of
damages sustained.

7068. Blank packages of flour. A miller or mill owner manufacturing flour for par-
ties having private brands, may place the name and brand of such parties upon the
barrels or sacks containing the flour so. manufactured, or the flour may be shipped
by the miller or mill owner in blank packages to such parties, who shall place thereon
their names and brands before offering the same for sale; and the parties receiving
flour in blank packages shall be liable to the penalties of this chapter whenever the
same is offered for sale before the name and brand of the parties so receiving the flour
is stamped upon the packages containing it.

7069. Unmerchantable flour, etc., penalty. A miller or other person who packs, or
causes to be packed, any bran, shorts, middlings, or unmerchantable flour, with
intent to defraud any person, shall forfeit and pay for every such offense not less than
one hundred nor more than five hundred dollars, for the use of the county, to be
recovered before any court of competent jurisdiction, and, moreover, be liable to the
action of the party injured for damages; and the statement of the amount and quality
so placed upon such barrels or sacks shall be taken and held to be a warranty of the
facts stated.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 8, pp. 1475-
1476,





es, OHIO. 485

(9189. Biscuit casks; branding and inspection. All casks wherein biscuit are packed
for exportation shall be of the same size and quality as those specified for flour in this
chapter; the tare and net weight marked thereon with a marking iron, a true invoice
of which shall be delivered by the owner to the inspector, or his deputy, when called
on to inspect the same; and the inspector or his deputy shall thereupon proceed to
unhead each cask and inspect the same, and if he judge it to be good and merchant-
able, he shall brand the same as directed by section 7063 [4278].

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 8, p. 1487.

ICE.

3499. Permit for cutting ice. No ice shall be cut for the purpose of being sold or
used for domestic purposes in any city or village of this state from any pond, lake,
creek or river within the limits of any such city or village, unless a permit there-
for shall first be obtained from the board of health of such city or village, and no

_ person or persons shall sell or deliver any ice in any city or village in this state for
domestic purposes without first obtaining a permit therefor from the board of health
ef such city or village, and it shall be lawful for any such board of health to refuse a
permit and to revoke any granted by them, as aforesaid, when in their judgment the

use of any ice cut or sold, or to be cut or sold, for domestic purposes, under the same
is or would be detrimental to the public health.

~ $500. Board of health may prohibit use of ice if unsuitable. The board of health of
any city or village may prohibit the sale or use of any ice for domestic purposes
within the limits of such city or village when, in their judgment the same is unfit for
use, and the use of the same would be detrimental to the public health and the said
board may prohibit and through its officers stop, detain, and prevent the bringing
of any such ice for the purpose of sale or use for domestic purposes into the limits of

_ such city or village, and also in the same manner stop, detain and prevent the sale
of any such ice for domestic purposes within the limits of such city or village when,
in their judgment the same is unfit for use, and the use of the same would be detri-
mental to the public health, and the said board may prohibit and through its officers
stop, detain and prevent the bringing of any such ice for the purpose of sale or use
for domestic purposes into the limits of any such city or village, and also in the same

_ manner stop, detain and prevent the sale of any such ice for domestic purposes found
within the limits of such city or village.

_ 8501. Penalty. Whoever violates any provisions of this act, or any order or regu-
lation of the board of health made in pursuance thereof, shall be fined in any sum

- not exceeding one hundred dollars.

Act of April 16, 1900, as amended April 29, 1902, Laws of 1902, No. 68, p. 330;
Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 12, div. 6, ch. 1,
pp. 740-741.

MAPLE PRODUCTS.

7132. (1.) Maple-sugar and sirup—defjinition. Maple sugar, or pure maple sugar,
and maple syrup, or pure maple syrup, shall be the unadulterated product produced
by the evaporation of pure sap from the maple tree.

7133. (2.) Maple sugar and sirup—standard. The standard of weight of a gallon
of maple syrup of 231 cubic inches in the state of Ohio, shall be eleven pounds. Any
other substance mixed with maple sugar or maple syrup or any other substance
purporting to be maple sugar or maple syrup of less weight than eleven pounds to the
gallon of 231 cubic inches shall be deemed to be an adulteration of such substance.

7134. (3.) Adulterated maple sugar and sirup. Any person who shall manufacture
for sale, offer for sale, or have in his possession with intent to sell, or sell or deliver



486 FOODS AND FOOD CONTROL.

as and for maple syrup or maple sugar any adulteration of maple syrup or maple
sugar as herein defined shall, upon conviction, be punished as provided in section 6
[7137] of this act.

7135. (4.) Maple products—branding. Any person who shall offer for sale, have
in his possession with intent to sell, or sell or deliver as and for maple syrup, or as
and for maple sugar, any articles which do not bear the name and address of the
packer and also the state, territory or country in which the goods were produced, in
plain legible type upon the label, shall upon conviction, be punished as provided in
section 6 [7137] of this act.

7136. (5.) Misbranding of adulterated products. Any person who shall offer for
sale, have in his possession with intent to sell, or sell or deliver any adulteration of
maple syrup or maple sugar in any box, can, bottle or other package having the
word ‘‘ Maple”’ or any compounding of this word, as the name or part of the name
of the syrup or sugar or any device or illustration suggestive of maple syrup or sugar
or the manufacture thereof, shall, upon conviction, be punished as provided in sec-
tion 6 [7137] of this act.

7137. (6.) Penalty. Any person who violates any of the provisions of this act
shall be guilty of a misdemeanor and upon conviction shall be fined not less than
fifty nor more than two hundred dollars and shall pay the costs of prosecution.

(7.) Repeal. The above mentioned original act, passed April 16, 1900, is hereby
repealed and this act shall take effect sixty days after its passage.

Approved March 24, 1904. Laws of 1904, (Senate Bill No. 79), p. 46; Laning’s
Revised Statutes and Recodified Laws 1905, vol 1, title 5, ch. 8, p. 1486.

MEAT.¢

7070. Construction of barrels. All barrels for beef or pork shall be made of sound,
well-seasoned whiteoak timber, clear of sap wood, twenty-nine inches in length
when finished, with a cut head of seventeen and a half inches in diameter, tightly
bound with strong hoops, one-third of the length thereof, at each end; and when
packed and headed up, the outward hoop on each end shall be secured with four
nails of suitable size.

7071. Construction of half-barrels. All half-barrels for beef or pork, shall be made
of sound, well-seasoned white oak timber, clear of sap, twenty-four inches in length, ©
with a cut head fourteen inches in diameter, bound with hoops one-third the length
of such half-barrel, at each end; the outward hoops thereof being secured with at least
three nailsof suitable size.

7072. Packing regulations; grades of beef. Each barrel of beef or pork, put up for
exportation, shall contain two hundred pounds weight of sound, clean, well slaugh-
tered meat, and such only as is well fattened, which shall be denominated as follows:
‘“Mess beef,’’ shall be cut, as nearly as possible, into well formed pieces of ten pounds,
so that twenty pieces shall make the weight, and shall be well assorted, excluding
legs, leg rounds, necks and shoulder clots; ‘‘ prime beef,’’ shall be cut in like manner,
and shall be well assorted, but may include not exceeding two leg rounds leaving out
the point of the neck and all clotted pieces; fifty pounds of clean, fair, dry salt, and
four ounces of salt peter shall be put into each barrel; and when the barrel is packed
and headed, it shall be filled up with strong pickle.

7073. Grades of pork. Each barrel of ‘‘ prime pork’’ shall consist of twenty-five
pieces, weighing eight pounds each, as nearly as possible, making two hundred
pounds, which may include one head and a half, and six shanks, excluding the legs,
ears, and snouts, so as to be composed of the assorted meat of one hog and a half; or



@See also General Food Laws and Dairy Products.





OHIO. 487

in lieu thereof, three shoulders, one head and a half, exclusive of the legs, snouts,
and ears, and remainder in side pieces. Each barrel of ‘‘ mess pork”’ shall consist
of twenty-five pieces, of eight pounds weight, each, as nearly as possible, making
two hundred pounds of pork, taken from the middlings or sides of hogs weighing
upward of two hundred pounds each. Each barrel of ‘‘navy pork”’ shall consist of
twenty-five pieces, of eight pounds each, as nearly as possible, making two hundred
pounds of pork, assorted, excluding all shanks and faces, no hog to weigh less than
one hundred and fifty pounds net. The pieces of pork shall be packed on the edge,
with at least fifty pounds of clean, fair salt, and two ounces of salt peter, to each
barrel; and when thus packed and headed each barrel shall be filled up with strong
pickle.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 8, p. 1477.
SALT.

7170. Constructions of barrels; branding. All manufacturers of salt in the state
shall have the same well and sufficiently drained, and packed in good barrels, made
of good, sound, seasoned timber; the head and bilge hoops to be well nailed with
not less than four nails in each hoop; one head shall be bored with some metallic
instrument not Jess than one inch in size; the name of the manufacturer shall be
distinctly branded on the head of each barrel; and all salt sold at the manufactory
shall be marked with the net weight in figures, directly under the same, with good,
durable paint.

4171. Fine. Any manufacturer refusing to comply with the next preceding
section, shall be fined for each offense the sum of fifty cents per barrel, which may
be collected before any court having jurisdiction thereof, in a civil action, by any
person taking cognizance of the same.

4172. Exemption. Nothing in this chapter shall be so construed as to prohibit
the manufacturers from shipping salt in bulk.

7173. Inspection of imports. All salt manufactured out of and imported into this
state, in barrels or casks, at any place where an inspection of salt is established,
unless previously inspected before the same is sold, removed, or shipped from the
place of landing, or before the same shall be permitted to enter this state, shall be
inspected as hereinafter directed; but nothing in this chapter shall be so construed
as to subject salt to be inspected that is landed and intended to be reshipped to any
other state.

7174. Exemption. Nothing in this chapter shall be so construed as to require the
reinspection of any salt imported from, and previously inspected in accordance with
the laws of, any other state of the United States.

7175. Sampling; grades; branding. Every inspector of salt, appointed under the
provisions of this chapter, shall immediately thereafter, provide himself with an
auger, such as is used by the inspectors of flour, and shall bore a hole in the head of
each barrel or cask by him inspected, not exceeding one inch in diameter, and shall
run the auger through to the other end of such barrel or cask, in a diagonal direction,
and shall procure a fair sample of the salt; and if the salt is of the first quality, he
shall inscribe on the head thereof, in fair and legible characters, ‘‘ No. 1,’’ and if of
the second quality, he shall inscribe in like manner, ‘‘ No. 2,’’ and if of a very inferior
quality, he shall inscribe the letter ‘‘ R,’’ thereon, which will stand for ‘‘refused,’’
or ‘‘rejected,’’ which he shall cause to be branded above his name; and he shall
cause a brand to be made for that purpose.

7176. Fee. The inspector shall receive from the person who owns or has charge
of the salt, at the time of the inspection, three cents for each barrel or cask by him
inspected.

10945—No. 69, pt 6—06——3



488 FOODS AND FOOD CONTROL.

7177. Inspection of imported salt. Importers of salt shall call upon the inspector,
and place the salt in some convenient situation to be inspected; and the inspector
shall inspect and brand the same with all reasonable dispatch.

7178. Fine for selling without inspection. Any person who sells any salt, liable to
inspection by this chapter, at any place where an inspection is established, or
removes or permits the same to be removed from the place of landing, without
having the same inspected, shall forfeit and pay the sum of one dollar for each and
every barrel or cask by him sold, removed or permitted to be removed, to be
recovered in a civil action in the name of the state, by any person suing for the same,
before any justice of the peace of the county in which such offense is committed;
but if any salt is once regularly inspected by virtue of this chapter, by any inspector
of salt in this state, such salt shall not be required to undergo an inspection at any
other place.

7179. Tare regulations. The inspector of salt shall regulate the tare of barrels as
follows: all barrels weighing less than three hundred pounds shall be tared at thirty
pounds; all barrels weighing over three hundred and less than four hundred, shall
be tared thirty-five pounds; and all barrels weighing over four hundred pounds
shall be tared forty pounds.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 8, pp.
1490-1491.

VINEGAR.

7227. (1.) Standard. No person shall manufacture for sale, offer or expose for salé,
sell or deliver, or have in his possession with intent to sell or deliver, any vinegar
not in compliance with the provisions of this act. No vinegar shall be sold as
apple, orchard or cider-vinegar which is not the legitimate product of pure apple-
juice, known as apple-cider; or vinegar not made exclusively of said apple-cider; or
vinegar into which foreign substance, drugs or acids have been introduced, as may
appear upon proper test, and upon said test shall contain not less than two per cent.,
by weight, of cider-vinegar solids upon full evaporation at the temperature of boiling
water.

7228. (2.) Fermented and distilled vinegar; coloring; acetic strength. All vinegar
made by fermentation and oxidation without the intervention of distillation shall be
branded ‘‘ fermented vinegar,’’ with the name of the fruit or substance from which
the same is made. And all vinegar made wholly or in part from distilled liquor shalk
be branded ‘‘ distilled vinegar,’’ and all such distilled vinegar shall be free from col-
oring matter added during or after distillation and from color other than that
imparted to it by distillation. And all fermented vinegar not distilled shall contain
not less than two per cent., by weight, upon full evaporation (at the temperature of
boiling water), of solids, contained in the fruit or grain from which said vinegar is
fermented, and said vinegar shall contain not less than two-and-a-half-tenths of one
per cent. ash or mineral matter, the same being the product of the material from
which said vinegar is manufactured. And all vinegar shall be made wholly from
the fruit or grain from which it purports to be or is represented to be made, and
shall contain no foreign substance, and shall contain not less than four per cent., by
weight, of absolute acetic acid.

7229. (3.) Injurious ingredients; branding. No person shall manufacture for sale,
offer for sale, or have in his possession with intent to sell, any vinegar found upon
proper test to contain any preparation of lead, copper; sulphuric or other mineral
acid, or other ingredients injurious to health. And all packages containing vinegar
shall be branded on the head of the cask, barrel or keg containing such vinegar, or
if sold in other packages that each package be plainly marked with the name and





i ok —

OHIO. 489

residence of the manufacturer, together with brand required in section two [7228]
hereof.

7230. (4.) Penalty. Whoever violates any of the provisions of this act shall, upon
conviction, be fined not less than fifty dollars nor more than one hundred dollars, or
imprisoned not less than thirty days nor more than one hundred days, or both, and
shall be adjudged to pay in addition all necessary costs and expenses incurred in
inspection and analyzing such vinegar.

7231. (4.) Penalty;@ brands on casks of vinegar; manufacturing farmer. Whoever
violates any of the provisions of this act shall, upon conviction, be fined not less
than fifty dollars nor more than one hundred dollars, or imprisoned not less than
thirty days nor more than one hundred days, or both, and shall be adjudged to pay,
in addition, all necessary costs and expenses incurred in inspection and analyzing
such vinegar.

Every person making or manufacturing cider vinegar, who is not a domestic manu-
facturer of cider or cider vinegar, shall brand on each head of the cask, barrel or
keg containing such vinegar, the name and residence of the manufacturer, the date
when same was manufactured, and the words ‘‘cider vinegar.’’ And no vinegar
shall be branded ‘‘fruit vinegar’? unless the same be made wholly from apples,
grapes, or other fruit.

Provided, that nothing in this bill shall be construed to prevent any farmer from
manufacturing for his own private use, or offering for sale, not to exceed twenty-five
barrels in any one year, pure cider or other fruit vinegar, branding the same ‘‘domes-
tjc cider vinegar,’’ with name and date of manufacturer, and when so branded, shall
be sufficient guarantee of its purity.—As amended April 21, 1898, 93 O. L., 185.

7232. (5.) Penalty. Whoever violates any of the provisions of this act shall,
upon conviction, be fined not less than fifty dollars nor more than one hundred dol-
lars or imprisoned not less than thirty days, nor more than one hundred days, or both;
and shall be adjudged to pay in addition all necessary costs and expenses incurred in
inspecting and analyzing such vinegar. And all vinegar not in accordance with this
act shall be subject to forfeiture and spoliation.

Passed March 30, 1896. 920. L., 100; Laning’s Revised Statutes and Recodified
Laws, 1905, vol. 1, title 5, ch. 8, p. 1499.

WATER.

10568. Whoever maliciously puts any dead animal, carcass, or part thereof, or any
other putrid, nauseous, noisome, or offensive substance, into or in any manner
befouls, any well, spring, brook, or branch of running water, or any reservoir of
water-works, of which use is or may be made for domestic purposes, shall be fined
not more than fifty nor less than five dollars, or imprisoned not more than sixty
days, or both.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 1, ch. 7, p. 2068.

3709. Water supply—municipal. The jurisdiction of any municipal corporation to
prevent the pollution of itswater supply and to provide penalty therefor, shall extend
twenty miles beyond the corporation limits. Whoever pollutes any running stream,
the water of which is used for domestic purposes by any municipality by putting
therein any putrid or offensive substance, (other than fresh or salt water), injurious
to health shall be guilty of a misdemeanor, which shall be punishable by a fine of
not less than five nor more than five hundred dollars. It shall be the duty of the



4 Repetition of section 4 occurs in statutes.



490 FOODS AND FOOD CONTROL.

board of public service or board of trustees of public affairs of any municipal cor-
poration to enforce the provisions of this section.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 12, div. 8, ch. 1,
p. 779.

RULINGS OF ‘STATE DAIRY AND FOOD COMMISSIONER.

Artificial color in canned tomatoes.—Beginning with the tomato crop of 1905, the
attitude of the Ohio State Dairy and Food Department will be against the use of arti-
ficial coloring in canned tomatoes or tomato catsup. Harmful preservatives are
ALWAYS forbidden.

Coloring matter in noodles, vermicelli, etc.—After July 1, 1905, no coloring matter
will be permitted in noodles or egg noodles, spaghetti or egg spaghetti, vermicelli or
egg vermicelli, macaroni or egg macaroni, except such as may be imparted by the
eggs used in the manufacture of the articles above mentioned.





OKLAHOMA.

The Territory of Oklahoma has no officer charged with the enforce-
ment of its food laws with the exception of the powers of the board
of health, mentioned below.

GENERAL FOOD LAWS.

" Sc. 3. Condemning impure food. It shall be the duty of the board of health to
examine applicants and grant licenses to those found to be qualified, and entitled to
the same, to quarantine against outside territory known to be infected with conta-
gious or infectious diseases, to condemn and destroy impure and diseased articles of
food offered or exposed for sale in the Territory and to act in conjunction with the
county and municipal boards of health.
. Sec. 9. Repeal. Chapter eight of the statutes of Oklahoma, 1893, together with all
acts and parts of acts in conflict herewith, are hereby repealed.

Sec. 10. Date of taking effect. This act shall take effect and be in force from and
after its passage and approval.

Approved March 12, 1903. Session Laws, 1903, ch. 5, p. 89.

2355. (16) Adulterated or diluted food, drink, or drugs. Every person who adul-
terates or dilutes any article of food, drink, drug, medicine, strong, spirituous or malt
liquor or wine, or any article useful in compounding either of them, whether one
useful for mankind or for animals, with a fraudulent intent to offer the same, or
cause or permit it to be offered for sale as unadulterated or undiluted, and every per-
son who fraudulently sells or keeps or offers for sale the same as unadulterated or
undiluted, knowing it to have been adulterated or diluted, is guilty of a misdemeanor.

2356. (17) Spoiled or unwholesome food. Every person who knowingly sells, or
keeps or offers for sale, or otherwise disposes of any article of food, drink, drug or
medicine, knowing that the same has become tainted, decayed, spoiled or otherwise
unwholesome or unfit to be eaten or drank, with intent to permit the same to be
eaten or drank by any person or animal, is guilty of a misdemeanor.

Revised and Annotated Statutes, 1903, vol. 1, ch. 25, p. 622.

2534. (1) Sale of diseased or unwholesome provisions. Any person who shall sell
any kind of diseased, corrupted or unwholesome provisions, whether meat or drink,
without first making the fact fully known to the buyers, shall be punished by impris-
onment in the county jail not more than six months, or by fine not exceeding one
hundred dollars.

2535. (2) Fraudulent adulteration of liquors, candy, ete. Any person who shall
fraudulently adulterate, for the purpose of sale or shall offer for sale any substance
intended for food, or any wine, spirits, malt or other spirituous liquors, or any other
fluid, intended for drinking, or any candy or sweetmeat with any substance, coloring

491



492 FOODS AND FOOD CONTROL.

matter, or anything poisonous, deleterious or injurious to health, or any article of
food or drink that is not just what in its purity represented to be, or whoshall man-
ufacture, sell or offer for sale, any such adulterated food, liquor, candy or sweet-
meat, shall be punished by imprisonment in the county jail not more than one year
or by fine not exceeding two hundred dollars, and articles so adulterated shall be
forfeited and destroyed.

Revised and Annotated Statutes, 1903, vol. 1, ch. 25, p. 649.

ALCOHOLIC BEVERAGES.

3409. (15) Every person so licensed, or any other person, who shall intentionally
or otherwise sell or give away, or direct or permit any person or persons in his
employ to sell or give away, any malt, spirituous or vinous liquors which shall be
adulterated with strychnine, strontia, sugar of lead, or any other substance, shall
forfeit any “@ pay the sum of one hundred dollars for every such offense. An analysis
made by a practical chemist shall be deemed competent testimony under the provi-
sions of this section.

Revised and Annotated Statutes, 1903, vol. 1, ch. 49, p. 844.

DAIRY PRODUCTS.

2541. (8) Any person who shall bring or send to any other person or company
or corporation, to be used for the manufacture of butter or cheese, or who shall sell,
furnish or supply to any other person, to be used in any manner whatever any milk
drawn from a cow not in proper condition of health, or any milk adulterated by any
deleterious substances, or that has been adulterated with water, or colored by any
substance whatsoever, shall be punished by imprisonment in the county jail not more
than thirty days or by fine not exceeding fifty dollars, and shall be civilly liable to
to the party wronged in a sum of not less than fifty dollars.

Revised and Annotated Statutes, 1903, vol. 1, ch. 25, p. 650.

MEAT.

Src. 1. Procedure when regular inspection is not available. In rural districts, where
there is no convenient resident inspector or deputy inspector, when any resident
citizen of such district desiring to slaughter for sale to the public any cattle or other
animals for food within such district, may, instead of obtaining regular inspection,
call any two of his immediate neighbors, who are not related to him nor to each
other, nor owners of any interest in such cattle, nor in any other property in which he
owns an interest and who know his cattle, and who may consent to do so, to inspect
such cattle for slaughter; and if, immediately before slaughtering the same, such
inspectors find upon examination of the cattle and from their own prior knowledge
of the same, or of those with which it has long been associated that the cattle to be
slaughtered is not affected nor infected with any disease which would render it unfit
for human food and is otherwise fit for such food, such inspectors may deliver to
the person desiring to slaughter the same a written statement, over their signatures,
as to the facts so found and believed; and in such cases regular inspection may be
dispensed with: Provided, however, such cattle and other animals for food must be
slaughtered immediately after such inspection. And, provided, further, the privileges
of this Act shall only extend to and be available to the owners of cattle so slaughtered;
and only when regular inspection can not be reasonably had.





“So in Statutes.



OKLAHOMA. 4938




Sec. 2. Penalty. Any person called and inspecting any cattle and other animals
for food under the provisions of this Act who shall fail to exercise reasonable care
and diligence in examining the same and in making inquiries in that regard or who
shall willfully make any false or misleading statement authorizing or causing the
person desiring to slaughter such cattle or other animals for food for sale to the pub-
lic to do so, shall be deemed guilty of a misdemeanor and punished accordingly by
: fine of not less than fifty dollars and imprisonment in the county jail thirty days.

Sec. 3. Effect. This Act shall take effect and be in force from and after its passage
_ and approval.

Approved February 23, 1905. Session Laws of 1905, ch. 3, art. 2, pp. 47-48.



OREGON.

The Oregon dairy and food commissioner is charged with the enforce-
ment of all the food laws of the State. He is elected by popular vote,
as in the case of other State officers, and has authority to appoint
deputies and other employees. At the last meeting, the legislature
passed a new general food law which superseded all earlier legislation
on this subject. There has not yet been time to test the efficiency of

the new laws.
GENERAL FOOD LAWS.¢4

2118. Penalty for sale of unwholesome provisions. It any person shall knowingly
sell any kind of diseased, corrupted, or unwholesome provisions, whether for meat
or drink, without making the same fully known to the buyer, such person, upon
conviction thereof, shall be punished by imprisonment in the county jail not less
than three months nor more than one year, or by fine not less than fifty nor more
than five hundred dollars.

2119. Sale of adulterated foods. If any person shall adulterate for the purpose of
sale any substance intended for meat or drink with any substance injurious to health,
or shall sell or offefor sale any substance so intended, knowing the same to be so
adulterated, such person, upon conviction thereof, shall be punished in the manner
provided in section 2118.

Bellinger and Cotton’s Annotated Codes and Statutes, 1902, vol. 1, ch. 9, pp.
733-734.

2121. Unwholesome foods, etc., unlawful. It shall be unlawful for any person or
persons to sell or exchange, or expose for sale or exchange, any unwholesome, un-
clean, tainted, or diseased foods or medicines of any kind whatever.

2122. Penalty. Whosoever violates any of the provisions of this act shall be guilty
of a misdemeanor, and upon conviction thereof shall be punished by a fine of not
less than twenty-five dollars nor more than one hundred dollars, or by imprisonment
in the county jail not less than thirty days nor more than six months. Justices’
courts shall have jurisdiction of all cases arising under this act.

2123. Analysis of foods bought as pure; fee for analysis; disposition of such moneys.
If any person or persons shall have purchased foods, drinks, medicines, or fertilizers,
believing them to be pure and unadulterated, which shall prove by analysis or tests
to be adulterated, such person or persons shall not be deemed guilty under this act:
Provided, that such person or persons pay to the state dairy and food commissioner
the sum of ten dollars in case of analysis or five dollars for each test made by him to
determine the quality of such foods, drinks, medicines, or fertilizers, as the case may
be, and who shall, after being informed of such adulteration, at once mark the same
as required by section 2121; all moneys collected by the commissioner for making
analysis shall be paid by the commissioner to the state agricultural college for mak-
ing tests, to be credited to the state, and become a part of the state appropriation to
defray the expenses of the enforcement of this act.

Bellinger and Cotton’s Annotated Codes and Statutes, 1902, vol. 1, ch. 9, p. 734.





«See also Dairy Products.
404



OREGON. 495

ALCOHOLIC BEVERAGES.4@



Src. 48. Preservatives in cider prohibited. No person shall manufacture or sell cider,
or any preparation thereof containing salicylic acid, formaline preservative, antifer-
ment, or any other drug, chemical, or substance that is injurious to the human
system.

Sec. 54. Adulteration of wines defined. All wines containing alcohol, except such as
have been produced by natural fermentation of pure, undried fruit juices, or com-
bined with distilled spirits, whether denominated wines, or by any other name,
which may be used as a beverage, or combined with other liquors intended for use,
and all compounds of the same with pure wine, and all preserved fruit juices com-
pounded with substances not produced from undried fruit intended for use as a bey-
erage, 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 alum, baryta, salts, caustic lime, carbonate of soda, carbonic acid, salts
of lead, glycerine, salic acid, or any other antiseptic coloring matter not produced
from undried fruit, artificial flavoring, essence of ether, or any other foreign sub-
stance 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 the
State. All such wine and every such beverage shall be deemed a public nuisance
and forfeited to the State and summarily seized and destroyed by any health officer
_ within whose jurisdiction it shall be found, and the reasonable expense of such
seizure shall be a county charge.

Sec. 55. Pure wine defined. For the purpose of this article, pure wine shall be
deemed to mean the fermented juice of undried grapes or other undried fruits, but
the addition of pure sugar to perfect wine or distilled wine to preserve it, not to
exceed 8 per cent of its value, or the use of things necessary to clarify or refine the
wine, not injurious to health, shall not be construed as adulteration if such wine con-
tain at least 75 per cent of pure grape or other undried fruit juices.

Sec. 56. Half wine and made wine defined; stamps or labels. For the purpose of this
act, any wine that contains less than 75 per cent and more than 50 per cent of pure
grape or other undried fruit juice, and is otherwise pure, shall be known as half
wine, and upon each and every package of such wine manufactured with intent to
sell, sold or offered for sale within this State, if containing more than three gallons,
there shall be stamped on both ends of the package containing the same, in black
printed letters at least one inch in height, the proper proportion in width, the words
“Half Wine,” and if containing more than one quart and not more than three gal-
lons, there shall be stamped on each package in plain printed black letters at least
one-half inch high, and of the proper proportion as to width, the words “ Half
Wine,”’ and in a package or bottle of one quart or less, there shall be placed a label,
securely pasted thereon, having the words ‘‘Half Wine’’ plainly printed in black
letters, at least one-quarter of an inch high, and of the proper proportion as to width.
If any number of small packages is enclosed in a larger package, as a box, barrel, case,
or cask, such outside package shall have thereon the stamp ‘‘ Half Wine’’ in letters
of a size according to the size of such outer package. Every person who shall sell,
offer for sale, or manufacture with intent to sell any wine containing less than 50 per
cent 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
‘*Half Wine,”’ so required in this section to be stamped, marked and labeled, and all
such wine shall be known and sold as ‘‘ Made Wine.”

Filed February 22, 1905. Laws of 1905, ch. 209, pp. 359, 361-362.





@See Dairy Products for general provisions, penalties, appropriations, etc., apply-
ing also to these sections.



496 FOODS AND FOOD CONTROL.

CONFECTIONERY.

2124. Addition of injurious ingredients. No person shall, by himself, his servants,
or agent, or as servant or agent of any other person, persons, or corporation,
manufacture for sale, or knowingly sell or offer to sell any candy or other confection-
ery adulterated by the admixture of terra alba, barytes, tale, or any other mineral
substance, or by poisonous colors or flavors or other ingredients injurious or detri-
mental to the health of consumers.

2125. Penalty; destruction of candy; jurisdiction. Any person violating any of the
provisions of this act shall be deemed guilty of a misdemeanor, and, upon conviction
thereof, shall be punished by a fine not exceeding one hundred dollars, or sentenced
to the county jail for a period not exceeding six months; and, in addition to said fine
or punishment, the candy so adulterated shall be forfeited and destroyed by order
of the court having jurisdiction of the offense. Justices’ courts shall have jurisdic-
tion of all cases arising under this act.

2126. Enforcement. It shall be the duty of the Oregon state food and dairy com-
missioner to enforce the provisions of this act.

2127. Analyses. It shall be the duty of the chemist of the state agricultural col-
lege to correctly analyze any and all substances the said commissioner may send him
for the purpose of carrying out the provisions of this act.

Approved February 16, 1899. Laws of 1899, p. 45; Bellinger and Cotton’s Anno-
tated Codes and Statutes, 1902, vol. 1, ch. 9, p. 735.

DAIRY PRODUCTS.
4s

Sec. 1. Dairy and food commissioner; term of office; salary. At the general election
held in June, 1908, and every four years thereafter, there shall be elected by
the electors of the State of Oregon, a commissioner who shall be known as the
‘Oregon Dairy and Food Commissioner,’’ who shall hold his office for a term of
four years, and until his successor is elected and qualified, who shall qualify
within thirty days from the time of his election, by taking and filing an oath
to faithfully perform the duties of said office with the Secretary of State, who shall
receive for his salary the sum of two thousand dollars ($2,000) per year from and
after the passage of this act, and his actual traveling, office and other expenses
incurred in the discharge of the duties of his office, not to exceed twelve hundred
dollars ($1,200) per year, said money to be used for the expenses actually incurred in
the performance of duty connected with the execution of the work pertaining to
the office, and to be allowed and paid upon vouchers verified under oath and filed
with the Secretary of State; provided, that the present Dairy and Food Commissioner
elected at the general election held in June, 1904, shall continue to hold said office
until his successor is elected and qualified and shall have all the power and perform
all the duties of the Dairy and Food Commissioner herein provided; and the expense
fund of one thousand two hundred dollars per year herein provided for shall be
available at once.

Sec. 2. May appoint deputy—chemist—duties. Said commissioner may, at any time
after the passage of this act, appoint one deputy who shall have the qualifications of
a chemist; said deputy shall take and file with the Secretary of State an oath to
faithfully perform the duties of said office, and shall receive for his salary the sum
of one thousand two hundred dollars per annum, and shall hold his office during
the pleasure of said commissioner, and the said deputy shall perform such duties as
said commissioner may prescribe for carrying out of @ the provisions of this act.

Src. 3. Duties of commissidner defined—office at Portland. The said commissioner
may also appoint other deputies who shall take and file a like oath, and shall hold



“So in Statutes.



OREGON. 497



their office during the pleasure of the commissioner, and who shall perform the
duties prescribed by the commissioner, and who shall be compensated by the com-
missioner. It shall be the duty of said commissioner to visit and inspect, in person
or by deputy, every creamery and cheese factory operated within the State of Ore-
gon, as often as possible, and not less than once in each year, and he shall also visit
- and inspect as often as possible, the dairy herds of the State, and the methods of
feeding, caring for, and stabling the same. The person elected as Dairy and Food
Commissioner shall collect and disseminate such information as is calculated to
develop the dairy industry within the State. The said commissioner shall establish
his office in the City of Portland, in this State, and shall upon complaint being made
by any citizen of the State of Oregon, or without such complaint if in his opinion
necessary, examine into any case of violation or supposed violation of the provisions
of this act, or any of them. He shall keep a full and correct account of all business
done by him, or his deputies, chemists, or agents, and report the same to the
legislature.

Sec. 4. Adulterated food—unlawful to manufacture or sell. No person shall within
this State manufacture for sale, have in his possession with the intent to sell, offer,
or expose for sale, or sell any article of food which is adulterated, within the mean-
ing of this act.

Sec. 5. What the term shall include. The term ‘‘ food,’’ as used herein, shall include
all articles used for food or drink, or intended to -be eaten or drunk by men, whether
simple, mixed, or compound.

Src. 6. Adulteration defined. An article shall be deemed to be adulterated within
the meaning of this act:

First. If any substance has been mixed with it so as to lower or depreciate, or
injuriously affect its quality, strength, or purity.

Second. If any inferior or depreciating substance has been substituted wholly or
in part for it.

Third. If any valuable or necessary consistent ¢ or ingredient has been wholly or in
part abstracted from it.

Fourth. If it is in imitation of or sold under the name of another article.

Fifth. If it contains wholly @ or any part of the diseased, decomposed, putrid,
tainted or rotten animal or vegetable substance or article, whether manufactured or
not. Or in case of milk, if it is the product of a diseased animal.

Sixth. If it is colored, coated, polished, or powdered, whereby a damaged or
inferior article is sold, or if made to appear better or of greater value than it really is.

Seventh. If it contains any added substance or ingredients which is poisonous or
injurious to health. .

Eighth. Butter that contains more than 16 per cent water.

Ninth. Milk that contains more than 88 per cent water.

Tenth. Milk that contains less than 3.2 per cent butter fat.

Eleventh. Milk that contains Jess than 9 per cent solids, other than butter fat,
and less than 1.038 specific gravity after the cream has been removed.

Twelfth. Ice cream that contains less than 12 per cent butter fat.

Thirteenth. Cream that contains less than 20 per cent butter fat.

Fourteenth. Evaporated or condensed milk and cream that contains less than 22
per cent of pure milk solids, 25 per cent of which shall be pure butter fat; provided,
that evaporated condensed milk and cream that contains the solids therein provided
may be labeled ‘‘ Evaporated Cream.”’

Provided, that nothing in this act shall prevent the coloring of pure butter or
cheese with harmless coloring of which annatto is the principal ingredient; provided
further, that the provisions of this act shall not apply to a mixture or compound

4So in Statutes.



498 - FOODS AND FOOD CONTROL.

recognized as ordinary articles or ingredients of food in which every package sold
or offered for sale has the name and address of the manufacturer and be distinctly
labeled under its own distinctive name and in a manner to plainly and correctly
show that it is a mixture or compound.

Sec. 7. Butter—regulation of manufacture and sale. It shall be unlawful for any
person to offer or expose for sale, or sell reworked butter or mixed butter unless the
same is plainly marked “‘ process butter,’’ and it shall be unlawful for any person to
offer or expose for sale any tub or packed butter remolded into prints, or rolls, or
squares, unless the same is plainly marked ‘‘tub butter,’’ and it shall be unlawful
for any person to offer or expose for sale reworked, mixed, or remolded butter, and
to make or print said butter with the stamp of any creamery or with the words
‘‘creamery butter.’’ And it shall be unlawful to sell or expose for sale any diseased,
unclean, impure, or unwholesome food or drink of any description.

Sec. 8. Sale of adulterated butter prohibited—oleomargarine. No person by himself,
or his agent or employé, shall render, manufacture, or offer for sale, expose for sale,
take orders for future delivery, or have in his possession with intent to sell, or sell as
butter, any article, product, or compound made wholly or partly out of any fat, oil,
oleaginous or compound thereof not directly or wholly produced from pure, unadul-
terated milk, or cream of the same, which has been or is colored to imitate yellow
butter produced from pure, unadulterated milk or cream of the same; provided, that
nothing of this act shall be so construed as to prohibit the manufacture or sale of
oleomargarine in a separate and distinct form in such manner as will advise the con-
sumer of its real character, free from coloring matter and ingredients causing it to
look like butter.

Src. 9. Process or renovated butter, oleomargarine—notice of use in public dining-rooms.
In any public dining or eating room where oleomargarine or renovated butter, or
process butter are in use, the bill of fare shall state the fact in the same size type as
is used in printing the body of said bill of fare, and printed notice thereof shall be
posted in a conspicuous place in said dining-room so as to be easily and readily seen
and read by any one entering such room. Such notice shall be in letters not less
than one inch in size and known as full-faced type, and these notices shall state that
oleomargarine or process butter, or renovated butter, is used here, as the case may be.

Sec. 10. Creamery regulations—products to be stamped—storage butter. Any person
or persons, firm, association, or corporation who shall, within the State of Oregon,
manufacture butter under the separator process, for sale in said State, shall apply to
the Oregon Dairy and Food Commissioner for a stencil or plate with the number of
the creamery and the name of the manufacturer and where manufactured, and the
words ‘‘Oregon Creamery Butter. Full Weight.’’ And on each box of butter so
manufactured for sale in the State of Oregon there shall be an impression from said
stencil or said plate shall be attached thereto; and each roll or square of butter so
manufactured for sale in the State of Oregon shall bear a wrapper upon which shall
be the number of the creamery and where manufactured and the words ‘‘Oregon
Creamery Butter, Full Weight,’’ and the number of ounces in such roll or square,
and a device or motto to be adopted and furnished by the Oregon Dairy and Food
Commissioner, and such device or motto shall be known as the ‘‘Oregon State
Brand’’; provided, that all butter that has been in cold storage for thirty days, or
butter that is sold as a second or third grade shall not be sold in wrappers bearing
the Oregon State brand. All butter with the State brand label placed in cold storage
shall have the date when stored stamped in plain letters and figures on each box.

Sec. 11. Imitation butter—dealers to keep sale book. Every person or persons, firm,
or corporation who sells oleomargarine, butterine, or any imitation butter whatso-
ever, or other imitation dairy products, renovated or process butter in this State shall
keep a sale book in which all sales shall be entered at the time of sale; said sale book
shall state the amount sold and the date of sale, together with the name and address






OREGON. 499

f the purchaser, and said book shall be open to the inspection of the Dairy and

ood Commissioner or his deputy at all times.

Sec. 12. Butter made in other States—unlawful to sell as Oregon product. It shall be

wful for any person or persons, firm, or corporation to offer or expose for sale in

‘t e State of Oregon any butter put up in rolls or squares made in any State (other

than Oregon) in wrappers bearing the Oregon State brand or the words ‘‘Oregon

Creamery,” or any other words that will imply said butter was made in Oregon.

_ Sec. 13. Sale of adulterants and chemicals prohibited. No person, firm, or corporation
shall manufacture for sale, advertise, offer or expose for sale, or sell any mixture or
compound intended for use as an adulterant of or preservative of milk, butter, or
cheese, nor shall any person, firm, or corporation add to milk, or butter, or cheese,
or during the process of their manufacture, any borax, boric acid, dalicyclic @ acid,
formaldehyde, formalin, or any other substance or substances in the nature of adul-
terants, antiferments, or preservatives; provided however, that this section shall not
apply to pure salt added to butter and cheese.

Sec. 14. Rolls and squares—weights. Every square or roll of butter kept exposed
or offered for sale or sold in the State of Oregon shall contain not less than eight
ounces, sixteen ounces, or thirty-two ounces, and each square or roll shall be plainly

‘marked with the number of ounces they contain.

_ Sec. 15. Creamery label. It shall be unlawful for any person to use the brand or

label of any other creamery or dairyman without his consent for the purpose of sell-
ing the butter of any other creamery or dairyman.

Sec. 16. Filled cheese. Any person who sells or has in his possession with intent
to sell any substance in imitation of cheese not made exclusively and wholly of milk

or cream with salt, rennet, and with or without harmless coloring matter and con-
taining any fats, oils, or grease, not produced from milk and cream, shall have the
words ‘‘ Filled Cheese’’ stamped or printed thereon in a conspicuous manner.

Src. 17. Grade of cheese; brand. Every person or persons, firm, association or cor-
poration who shall at any creamery, cheese factory, or private dairy, manufacture
cheese in the State of Oregon shall, at the place of manufacture, brand distinctly and
durably on the bandage of every cheese and box containing the samie, the true grade
of said cheese as follows, to-wit: ‘‘Oregon Full Cream Cheese,’”’ or ‘‘ Oregon Half
Skimmed,”’ ‘‘ Oregon Quarter Skimmed Cheese,’’ or ‘‘ Oregon Skimmed Cheese,”’ as
the case may be. Full cream cheese shali contain not less than 30% butter fat;
cheese that contains 15% butter fat and under 30% shall be known as half skimmed
cheese. Cheese that contains 74% butter fat and under 15% shall be known as
three-quarter skimmed cheese; cheese that contains less than 74% butter fat shall
be known as skimmed cheese; provided, nothing in this section shall be construed
to apply to ‘‘Edam,”’ ‘‘ Brickstein,’’ ‘‘ Pineapple,’’ ‘‘ Limburger,’’ ‘‘ Swiss,’’ or hand-
made cheese not made by the ordinary Cheddar process.

Src. 18. Cheese labels for retailing. All cheese offered for sale at retail shall bear a
label or placard containing letters not less than one-half inch in height setting forth
whether such cheese is “‘Full Cream,’’ ‘‘ Half Skimmed,’’ ‘‘ Quarter Skimmed,”’

r ‘“‘Skimmed,”’ according to the percentage of butter fat therein contained, as pro-
ided in section 17 of this act. But this section shall not apply to ‘‘ Edam,” “ Brick-
n,’’ ‘“‘Pineapple,’’ ‘“‘ Limburger,’’ ‘‘Swiss,’’ or hand-made cheese not made by the
rdinary Cheddar process.

Sec. 19. Manufacturers of butter and cheese to make annual report. Every person or

mpany who manufactures for sale in quantities exceeding twenty-five pounds per
eek, butter or cheese in this State, shall report to the Dairy and Food Commis-
ioner annually at the end of each vear as follows:

First. Name and address of manufacturer.

Second. Name and address of owner or owners of cows.







—



@So in Statutes.



500 FOODS AND FOOD CONTROL.

Third. Number of pounds milk and cream purchased.

Fourth. Total number of pounds milk or cream used in the manufacture of butter
and the number of pounds used in the making of cheese.

Fifth. Number of pounds of butter and cheese made.

Sixth. Number of pounds of butter and cheese sold; provided, that the amount of
butter and cheese made by any such person shall not be published if the maker
requests that it shall not be done.

Sec. 20. Cheese factories to procure stencils. Every person, firm, or corporation, or
voluntary association who shall manufacture cheese in the State of Oregon shall
apply to the Oregon Dairy and Food Commissioner for a stencil giving the number
of the factory and quality or grade of cheese as provided in section 17 of this act,
and each box of cheese sold or offered for sale shall bear the impression from the
said stencil on the side of box and each cheese.

Sec. 21. Sanitation of cow stables. When cows are kept by any person for dairy
purposes, either for butter or for cheese or for the production of milk or cream for
sale, and are confined in stables, such cows so confined shall each be allowed at
least eight hundred cubic feet of air space, and such cows so stabled shall not be
confined facing each other closer than ten feet, and all stables where such cows are
kept shall be well ventilated and kept in a good healthful condition, and if there be
any suspected diseased cows or other animals belonging to or about any dairy, said
Dairy and Food Commissioner shall notify the State Veterinarian. And if any dairy
as above stated is found to be in a filthy or unhealthy condition, the Dairy and Food
Commissioner shall notify the proprietor that said dairy must be put in a healthful
condition; and in the event of the failure of said proprietor to put said dairy ina
healthful condition within a reasonable time from the receipt of said notice, he or
they shall be deemed guilty of a misdemeanor, and shall be punished as herein
provided.

Sec. 22. Milk dairies; inspection; certificates. Every person, firm, or corporation
engaged in the sale of milk or cream in any city of 10,000 or more inhabitants, who
keeps a cow or cows for the purpose of selling milk therefrom therein, shall, on the
first day of April each year, apply to the Dairy and Food Commissioner, or inspec-
tors appointed by him, for a certificate of inspection, and shall pay the sum of $2.50
for the same; provided always, that this certificate can be revoked at any time by
said commissioner or inspector when said dairy is found not to be in a proper condi-
tion as to healthfulness of the cow or cows, or as to cleanliness and proper sanitary
regulations of the stables, buildings, or grounds in which said cows are kept. No
certificate shall be issued to any person, firm, or corporation, as provided in this sec-
tion, where the same has been revoked, without payment of $2.50 for the same.
Each and every certificate issued as provided in this section shall be in the name and
owner of the person, firm, or corporation and shall be numbered, and the number
corresponding to the one on the certificate shall be placed in a conspicuous place on
the wagon or vehicle used by said person, firm, or corporation.

Sec. 23. Penalty. Any person, firm or corporation who offers for sale or sells milk
who has not procured a certificate as provided in section 22, or whose certificate has
been revoked, shall be guilty of misdemeanor and fined as provided for in this act;
provided, that any incorporated city of less than 10,000 inhabitants may, upon the
request of its mayor, council, board of aldermen, or board of health, made to the
the State Food and Dairy Commissioner, come within the provision of section 22 of
this act.

Src. 24. Babcock test; false determinations unlawful. It shall be unlawful for the
owner, manager, agent or any employé of a creamery, cheese or condensed milk fac-
tory to manipulate, or under-read, or over-read the Babcock test, or any other con-
trivance used for determining the quality or value of milk or cream, or to make any
false determination by said Babcock test or otherwise.





OREGON. 501

Sec. 25. Adulterated milk; penalty. Any person who shall be convicted of selling
adulterated milk under the provisions of this act shall upon the first conviction be
fined $25; upon the second conviction $50; upon the third conviction $100; and shall
upon every subsequent conviction be fined $100 and suspended from selling milk,
either retail or wholesale, for one year.

Sec. 26. Imitating or counterfeiting seal. Whoever makes, causes to be made, uses
or has in his possession, any imitation or counterfeit of the seal used by any inspec-
tor of milk, or other officer engaged in the inspection of milk, or whoever changes
or tampers with the sample taken on said seal as provided in this act, shall be pun-
ished as provided in this act.

Sec. 27. Milk inspector; violation of duty; how punished. An inspector of milk or
his agent, who unlawfully connives at or assists in the violation of the provisions of
this act, or whoever hinders or interferes with an inspector of milk or agent in the
performance of his duty, shall be punished by a fine as provided in this act.

Sec. 28. Milk dealers to register; license. Every person shall before selling milk or
offering it for sale in a store, booth, stand, or market place in any city or tewn in
which an inspector of milk is appointed, shall @ register in the books of such inspector
or commissioner his name and proposed place of business, and shall pay to him fifty
cents for said license.

Sec. 29. Milk taken for analysis; duty of officer. An officer of the State Board of

Health of [or] the Dairy and Food Commissioner, inspector, or other State, city, or
‘town officer who obtains a sample of milk for analysis, shall within ten days after
obtaining the result of said analysis send it to the person from whom the sample was
taken or to the person who is responsible for the condition of such milk, provided
that nothing in this act shall prohibit any person or persons from whom samples are
taken for proof and analysis requiring the State Dairy and Food Commissioner to
leave a similar sample with said person or persons duly sealed with the seal of the
Food and Dairy Commissioner.

Sec. 30. Prosecution of milk producer. A producer of milk shall not be liable to
prosecution for the reason that the milk produced by him is not of good standard
quality, unless such milk was taken from his premises or while in possession or under
his or his agent’s control by an inspector of milk or agent of the Dairy and Food
Commissioner, or of the State Board of Health, and a sealed sample thereof was
given to him if requested.

Sec. 31. Stencils for butter and cheese factories. Every butter or cheese manufac-
turer who applies to the State Dairy and Food Commissioner for stencils or plates as
provided in any section of this act shall pay the sum of one dollar for each.

Src. 32. Unclean, impure, and unwholesome milk defined. In all prosecutions under
the provisions of this act relating to the sale of diseased foods, or that which is
unclean, impure, and unwholesome; milk drawn from cows for fifteen days next
before and five days next after parturition; or from cows fed on unwholesome food;
or any calf that has been slaughtered under the age of four weeks, shall be deemed
and declared unclean, impure, and unwholesome.

Sec. 33. Adulterated food notice in public dining rooms. In any publie dining or
eating room where adulterated food or drink are used, the bill of fare shall state the
facts in the same sized type as used in printing the body of said bill of fare, or, if no
_ bill of fare is used, then, and in that case, printed notices thereof shall be posted in
a conspicuous place in said dining room, so as to be easily seen by any one entering
such room, in which notices shall be stated in large letters the fact that adulterated
foods and drinks are being used for food, or food and drink.

Sec. 46. False labels; penalty. Whoever shall falsely brand, mark, stencil, or
label any article required by this act to be branded, marked, ete., or shall remove,

4So in Statutes.



502 FOODS AND FOOD CONTROL.

alter, deface, mutilate, obliterate, imitate, or counterfeit any brand, mark, stencil,
or label so required, shall be deemed guilty of a misdemeanor and punished as pro-
vided in this act.

Sec. 47. American and foreign product; label. It shall be unlawful to label any
American manufactured food product with any label which purports or implies that
the product was made in a foreign country.

Sec. 49. Pure food fund; disbursements. In all prosecutions under this act, the fine
or fines collected by and under the same shall be transmitted by the officer collect-
ing the same to the State Treasurer at the State Capitol, and shall be kept by the
State Treasurer in a separate fund to be known as the pure food fund, and the State
Treasurer shall forward to the person remitting any such fine a proper receipt. Said
pure food fund shall be subject to orders drawn against the same by the said Dairy
and Food Commissioner for the purpose of enforcing the provisions of this act. Said
commissioner shall not draw against said fund except for the purpose of carrying
out the provisions of this act, nor shall he draw any order against said fund in
excess of the money actually in the hands of the State Treasurer to the credit of said
fund. In his regular reports to the legislature, the said commissioner shal] render
a full statement of the receipts and disbursements of the pure food fund, and the
purpose for which said fund has been disbursed. All licenses, fees, and payments
made to said commissioner shall be disposed of and accounted for in the same man-
ner as such fines.

Src. 50. Seizure of articles by commissioner; removal or concealment of label. It shall
be the duty of the Oregon Dairy and Food Commissioner to seize and hold any
article of food or drink sold, or kept, or offered for sale in violation of any of the
provisions of this act until the true character thereof may be determined in a judicial
proceeding, if any person shall have been arrested for having in his possession for
sale, or selling or offering for sale such article; and if no person shall have been
arrested, then by chemical analysis or other means to be determined by said com-
missioner or his deputy; and if any seized article be found to be unwholesome or
unfit for food, said commissioner shall cause the same to be destroyed. If any seized
article be found adulterated or prepared, or labeled in violation of this act, not being
unwholesome or unfit for food, and said commissioner shall brand or mark each
package thereof with its true character, and return the same to the person from
whose possession it was taken; in case any seized article be determined to be a char-
acter not contrary to any of the provisions of this act, the same shall be returned to
the possession of the person from whom the same was taken. It shall be unlawful
for any person to remove or deface or conceal any brand or label placed upon the
article by the Dairy and Food Commissioner under the provisions of this section, or
to sell or offer for sale, or have in his possession for sale any article so marked or
labeled without exhibiting such mark or label to the view of the public; otherwise
disposition shall be made of the seized property by order of the court.

Sec. 51. Cooperation of railroad or transportation companies. Every railroad com-
pany or transportation company in this State, upon application of the Dairy and Food
Commissioner, [or] his authorized agent, shall give the name and address of any
shipper or consignee of any supposed diseased or unwholesome meats or food of
any kind.

Sec. 52. Chemist state agricultural college to make analysis. It shall be the duty of
the chemist of the state agricultural college to correctly analyze any and all of the
substances the said commissioner may send him, and the certificate of analysis of
said chemist duly signed by him shall be prima facie evidence in all courts of justice;
provided, however, that the testing of milk and cream shall be done by the Dairy and
Food Commissioner and the certificate of said commissioner as to any such test,
duly signed by him, shall also be prima facie evidence in all courts of justice of the
facts therein stated.







OREGON. 5038



Sec. 53. Inspection authority. The said commissioner or his deputies, and such
experts and chemists as said commissioner shall duly authorize for the purpose, shall
have access to, egress and ingress to all places of business, factories, stores, farm
buildings, carriages, cars, vessels, and implements used in the manufacture, produc-
tion, or sale of any foods or drinks; and they shall also have the power and authority
to open any package, case, or vessel containing such articles which may be manufac-
tured, kept, exposed, or offered for sale, or sold, and any manufacturer, dealer, hotel
or restaurant keeper shall deliver to the commissioner or his deputy any sample of
food or drinks for analyzing or testing upon a tender of the price thereof in money.

Sec. 57. Conflicting laws repealed. That an act entitled ‘‘An act to provide for the
election of an Oregon Dairy and Food Commissioner, and to prescribe his duties and
qualifications, and to prevent the production and sale of unwholesome food, drink,
medicines, and fertilizers; and to repeal an act entitled ‘An act to prevent the pro-
duction and sale of unwholesome foods and medicines, and to regulate the sales of
adulterated foods, drinks, medicines, and fertilizers,’’’ approved February 16, 1899,
and to repeal an act to provide for the election of an Oregon Dairy and Food Com-
missioner, prescribing his duties and fixing his salary, and to provide for the pay-
ment of his expenses, and for the appointment of other deputies of the Dairy and
Food Commissioner; to regulate the manufacture and sale of food, drinks, medi-
cines, and fertilizers; to define what shall constitute adulterated food, drink, and
medicines, or fertilizers; to provide for the regulation of dairies and the proper
_ stabling of dairy cows, and the manufacture and sale of dairy products; to regulate
the sale of process butter and compound resembling butter, and imitation dairy pro-
ducts, approved February 27, 1901; and to provide penalties for the violation of this
act; to create a pure food fund, and declaring an emergency; and all acts and parts
of acts in conflict with the provisions of this act, to wit: Chapter III of Title XX XV
of Bellinger and Cotton’s Annotated Codes and Statutes of Oregon, being sections
3766, 3767, 3768, 3769, 3770, 3771, 3772, 3773, 3774, 3775, 3776, 3777, 3778, 3779, 3780,
3781, 3782, 3783, 3784, 3785, 3786, 3787, 3788, 3789, 3790, 3791, 3792, and 3793, be and
the same are hereby repealed.

Sec. 58. Appropriation. That there be-and hereby is appropriated annually, out of
any money in the treasury not otherwise appropriated, the sum of $4,400 for the pur-
poses of this act.

Src. 59. Must not be interested in business. It shall be unlawful for the Dairy and

Food Commissioner, or any deputy, chemist, clerk, or assistant under him, to be
directly or indirectly interested in any manner as proprietor, partner, salesman,
agent, or employé in the manufacture, sale, handling, or shipping of any food, drink,
or dairy product.
Src. 60. Penalties; jurisdiction. Any person violating any of the provisions of this
act where the punishment is not already provided shall be deemed guilty of a mis-
demeanor and upon conviction thereof shall be punished by a fine of not less than
$25 nor more than $100, or be imprisoned in the county jail not less than thirty days
nor more than six months, or both. Justices’ courts shall have concurrent jurisdic-
tion of all cases arising under this act.

Filed February 22, 1905. Laws of 1905, ch. 209, pp. 348-363.

FLAVORING EXTRACTS AND SPICES.¢

Sec. 42. Spices and condiments defined. The term ‘spices and condiments,’”’ as
used here, shall include all substances known and recognized in commerce as spices
and used as condiments, whether in their natural state or in the form which would





“See also Dairy Products for general provisions, penalties, appropriations, ete.,
applying also to these sections.

10945—No. 69, pt 6—06——4



5O4 FOODS AND FOOD CONTROL.

result from the grinding, mulling, or mixing, or the compounding of the natura
product. .

Sec. 43. Label of adulterated fluid extracts. All fluid extracts sold or offered for
sale n this State, if not pure, shall be labeled ‘‘ adulterated’’ on the cartoon@in which
the same is kept for sale, and also on the bottle containing the same, in the same
sized letters as the other lettering thereon with the per cent of adulteration.

Sec. 44. Label of adulterated spice. Any person selling or delivering any spice or
condiment adulterated as hereinbefore defined, shall label on the outside and face of
each package containing the same, upon the background of a single color, in the
English language, and in legible type no smaller than double pica, the name and
location of the manufacturer or person, firm, or corporation manufacturing same, and
the words ‘‘mixture’’ and ‘‘adulterated,’’ and the common English name of the
spice or condiment which said box or package contains; also the net weight of the
package shall be printed on the label.

Sec. 45. Possession of unlabeld articles. Any person having in their possession any
article adulterated as herein described and not labeled, is prima Hanae evidence of a
violation of this act.

Filed February 22, 1905. Laws of 1905, ch. 209, pp. 358-359.

FRUIT. .

4194, Infected fruit prohibited. It shall be unlawful for any person, firm, or cor-
poration to import or sell any infected or diseased fruit of any kind in the State of
Oregon.

4195. State or interstate commerce in infected fruit a misdemeanor. Every person who
packs or prepares for shipment to any point within the state, or who delivers or
causes to be delivered to any express agent or railroad agent or other person, or to
any transportation company or corporation, for shipment to any point without the
state, any fruit or fruits, either fresh, cured, or dried, that is infected with insect
pests or diseases injurious to trees, shrubs, plants, fruits, or vegetables, is guilty of a
misdemeanor.

4196. Penalty. Any person, firm, or corporation violating any of the provisions
of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine of not less than twenty-five dollars nor more than one
hundred dollars.

4197. Prosecution. It shall be the duty of the commissioner of the state board of
horticulture of the district in which a violation of this act occurs to present the evi-
dence of the case to the district attorney, whose duty it shall be to prosecute any
person guilty of a violation of this act, which prosecution may be brought in any
of the justice courts of this state.

Bellinger and Cotton’s Annotated Codes and Statutes, 1902, vol. 2, ch. 5, pp.
1389-1390.
JELLIES, PRESERVES, ETC. ? -

Src. 34. Fruit jellies; imitations must be plainly labeled. No person shall manu-
facture for sale, sell, offer or expose for sale, or sell, as fruit jelly or fruit butter, any
jelly or imitation fruit butter, or similar compound made or compounded in whole
or in part glucose, dextrin, starch, or other substances, and colored in imitation of
fruit jelly butter; nor shall any such jelly, fruit butter or compound be manufactured
or sold under any name or demignation whatever, unless the same be composed



«So in Statutes.
bSee also Dairy Products for general provisions, penalties, appropriations, etc.,
applying also to these sections.








OREGON. 505
entirely of ingredients not injurious to health, and not colored in imitation of fruit
jelly, and every can, pail, or package of such jelly or butter sold in this State shall
be distinctly and durably labeled ‘‘imitation fruit jelly or butter,’’ and state the
percentage of the various ingredients contained therein, and the place where made,
and name of manufacturer.

Src. 35. Adulterated jellies; users of must post notice. Any baker or other manu-
facturer of cakes, pies, or other foods, who uses or incorporates in such cakes, pies
or other foods, any jellies or fruit juices than that of pure fruit, shall place a con-
spicuous notice in his place of business stating that adulterated jellies and fruit juices
are used; provided, that this section shall apply to all restaurants or public eating
houses who sell or serve cakes, pies or other foods in which said imitation jellies or
fruit juices are used.

Src. 36. Preserved and canned fruits. No packer or dealer in preserved or canned
fruits, vegetables, or other articles of food, shall sell or offer for sale, such canned
articles, unless such articles shall be entirely free from substances or ingredients
deleterious to health.

Sec. 37. Pickles and sauces. Pickles and fruit sauces shall contain no other
sweetening matter than pure sugar.

Filed February 22, 1905. Laws of 1905, ch. 209, pp. 356-357.
MAPLE SYRUP. 4

Src. 41. Labeling of maple syrup. All maple syrup put up for sale that contains any
other ingredient than pure maple sugar shall bear but one label, which label shall
truly state the percentage of the various substances contained therein from which
said maple syrup is made, in type of equal size with any on said label.

Filed February 22, 1905. Laws of 1905, ch. 209, p. 358.
SALMON AND STURGEON.

4091. License. It shall be unlawful for any person or persons, firm, or corporation
to engage in the business of packing or dealing in salmon fish or sturgeon within the
State of Oregon without having obtained a license therefor from the fish warden as
hereinafter provided. All licenses issued under the provisions of this act shall
expire on the thirty-first day of December following the issuance of such license.

4094. License fees for 25 classes of canners. Any person, firm or corporation engaged
in the business of canning fresh salmon in hermetically sealed tins or cans in this
State shall pay license fees as follows: Those of the first class, $100; second class,
$150; third class, $200; fourth class, $250; fifth class, $300; sixth class, $350; seventh
class, $400; eighth class, $450; ninth class, $500; tenth class, $550; eleventh class,
$600; twelfth class, $650; thirteenth class, $700; fourteenth class, $750; fifteenth
class, $800; sixteenth class, $850; seventeenth class, $900; eighteenth class, $950;
nineteenth class, $1,000; twentieth class, $1,050; twenty-first class, $1,100; twenty-
second class, $1,150; twenty-third class, $1,200; twenty-fourth class, $1,300; twenty-
fifth class, $1,500. Canners of the first class are those whose pack of salmon fish for
the year next preceding the year that the license is applied for does not exceed 5,000
cases of salmon, forty-eight pounds to the case. Those of the second class are can-
ners whose pack for the year next preceding the year the license is applied for
exceeded 5,000 cases, but did not exceed 7,500 cases of salmon, forty-eight pounds to
the case. Those of the third class are canners whose pack for the year next preced-
ing the year the license is applied for exceeded 7,500 cases, but did not exceed 10,000



“See also Dairy Products for general provisions, penalties, appropriations, ete.,
applying also to these sections,



506 FOODS AND FOOD CONTROL.

cases, forty-eight pounds to the case. Those of the fourth class are canners whose
pack for the year next preceding the year the license is applied for exceeded 10,000
cases, but did not exceed 12,500 cases of salmon, forty-eight pounds to the case.
Those of the fifth class are canners whose pack for the year next preceding the year the
license is applied for exceeded 12,500, but did not exceed 15,000 cases of salmon, forty-
eight pounds to the case. Those of the sixth class are canners whose pack for the
year next preceding the year the license is applied for exceeded 15,000 cases, but did
not exceed 17,500 cases of salmon, forty-eight pounds to thecase. Those of the seventh
class are canners whose pack for the year preceding the year the license is applied
for exceeded 17,500 cases, but did not exceed 20,000 cases of salmon, forty-eight
pounds to the case. Those of the eighth class are canners whose pack for the year
next preceding the year the license is applied for exceeded 20,000 cases, but did not
exceed 22,500 cases of salmon, forty-eight pounds to the case. Those of the ninth
class are canners whose pack for the year next preceding the year the license is
applied for exceeded 22,500 cases, but did not exceed 25,000 cases of salmon, forty-
eight pounds to the case. Those of the tenth class are canners whose pack for the
year next preceding the year the license is applied for exceeded 25,000 cases, but did
not exceed 27,500 cases of salmon, forty-eight pounds to the case. Those of the
eleventh class are canners whose pack for the year next preceding the year the license
is applied for exceeded 27,500 cases, but did not exceed 30,000 cases of salmon, forty-
eight pounds to the case. Those of the twelfth class are canners whose pack for the
year next preceding the year the license is applied for exceeded 30,000 cases,
but did not exceed 32,500 cases of salmon, forty-eight pounds to the case. Those
of the thirteenth class are canners whose pack for the year next preceding the
year the license is applied for exceeded 32,500 cases, but did not exceed 35,000
cases of salmon, forty-eight pounds to the case. Those of the fourteenth class are
canners whose pack for the year next preceding the year the license is applied
for exceeded 35,000 cases, but did not exceed 37,500 cases of salmon, forty-eight
pounds to the case. Those of the fifteenth class are canners whose pack for the
year next preceding the year the license is applied for exceeded 37,500 cases, but
did not exceed 40,000 cases of salmon, forty-eight pounds to the case. Those
of the sixteenth class are canners whose pack for the year next preceding the
year the license is applied for exceeded 40,000 cases, but did not exceed 42,500
cases of salmon, forty-eight pounds to the case. Those of the seventeenth class
are canners whose pack for the year next preceding the year the license is applied
for exceeded 42,500 cases, but did not exceed 45,000 cases of salmon, forty-eight
pounds to the case. Those of the eighteenth class are canners whose pack for
the year next preceding the year the license is applied for exceeded 45,000 cases,
but did not exceed 47,500 cases of salmon, forty-eight pounds to the case. Those
of the nineteenth class are canners whose pack for the year next preceding the
year the license is applied for exceeded 47,500 cases, but did not exceed 50,000
cases of salmon, forty-eight pounds to the case. Those of the twentieth class are
canners whose pack for the year next preceding the year the license is applied
for exceeded 50,000 cases, but did not exceed 52,500 cases of salmon, forty-eight
pounds to the case. Those of the twenty-first class are canners whose pack for the
year next preceding the year the license is applied for exceeded 52,500 cases, but did
not exceed 55,000 cases of salmon, forty-eight pounds to the case. Those of the
twenty-second class are canners whose pack for the year next preceding the year the
license is applied for exceeded 55,000 cases, but did not exceed 57,500 cases of sal- ”
mon, forty-eight pounds to the case. Those of the twenty-third class are canners
whose pack for the year next preceding the year the license is applied for exceeded
57,500 cases, but did not exceed 60,000 cases of salmon, forty-eight pounds to the
case. Those of the twenty-fourth class are canners whose pack for the year next
preceding the year the license is applied for exceeded 60,000 cases, but did not



OREGON. 507
_—
~ exceed 65,000 cases of salmon, forty-eight pounds to the case. Those of the twenty-
fifth class are canners whose pack for the year next preceding the year the license is
_ applied for exceeded 65,000 cases, forty-eight pounds to the case. When more than
one cannery or plant is operated by the same person, firm, or corporation, each shall
be licensed separately and according to its class. Any person, firm, or corporation
desiring to engage in the business of canning salmon in this State shall make an
application in writing to the Master Fish Warden for a license therefor, which appli-
cation shall describe the location of the salmon cannery, as near as practicable, and
shall be accompanied by the affidavit of the applicant, stating the number of cases
of salmon that were packed in such cannery the year next preceding the year the
license is to be issued, and shall deposit with said application the license fee, accord-
ing to the class in which said cannery should be listed. No license shall be issued
until such affidavit is made and filed and such license fee paid; provided, that if any
person, firm, or corporation desires to obtain a license for a cannery which had not
been operated the year preceding such application, such cannery shall, upon appli-
cation, be classed by the Board of Fish Commissioners, and the license fee to be paid
shall be three times the regular fee according to that class; excepting in a case where
a cannery remained idle only one season, then in that case the license fee to be paid
shall be double the regular fee. All licenses issued under the provisions of this
section shall be good only in the district for which the same is issued, and shall
expire on the thirty-first day of March following the issuance of such license.—As
amended February 24, 1903, and February 10, 1905; General Laws 1905, ch. 56, pp.
116-119.

4095. Classification of dealers other than canners; applications and licenses. Any per-
son, firm, or corporation engaged in the business of buying, selling, packing, preserv-
ing, or otherwise dealing in salmon fish or sturgeon, other than canning thereof,
which is herein provided for, and whether said person, firm, or corporation catches
his or their or its own salmon fish or sturgeon or not, shall be and are classified as
follows: First-class dealers, handling less than three tons of fish per year; second
class dealers, handling three to six tons of fish; third class dealers, handling six to ten
tons of fish; fourth class dealers, handling ten to fifteen tons of fish; fifth class deal-
ers, handling fifteen to twenty tons of fish; sixth class dealers, handling twenty to
twenty-five tons of fish; seventh class dealers, handling twenty-five to thirty tons of
fish; eighth class dealers, handling thirty to forty tons of fish; ninth class dealers,
handling forty to fifty tons of fish; tenth class dealers, handling fifty to sixty tons of
fish; eleventh class dealers, handling sixty to seventy tons of fish; twelfth class
dealers, handling seventy to eighty tons of fish; thirteenth class dealers, handling

_ eighty to one hundred tons of fish; fourteenth class dealers, handling one hundred
to one hundred and forty tons of fish; fifteenth class dealers, handling one hundred
and forty to one hundred and seventy-five tons of fish; sixteenth class dealers, hand-
ling one hundred and seventy-five to two hundred and twenty-five tons of fish;
seventeenth class dealers, handling two hundred and twenty-five to three hundred
tons of fish; eighteenth class dealers, handling three hundred to four hundred tons
of fish; nineteenth class dealers, handling four hundred to five hundred tons of
fish; twentieth class dealers, handling five hundred to six hundred tons of fish;
twenty-first class dealers, handling six hundred to seven hundred tons of fish;
twenty-second class dealers, are those who handled over seven hundred tons of fish of
the dressed product. Any person, firm, or corporation desiring to obtain a license
for the purpose of engaging in the business of buying, packing, selling, preserving,
or otherwise dealing in salmon fish or sturgeon, or other than canning thereof, which
is herein provided for, and whether said person, firm, or corporation catches his or
their or its own salmon fish or sturgeon or not, shall file with the Master Fish
Warden an application therefor describing with convenient certainty the locality at
which the applicant proposes to engage in business, and the general character of



508 FOODS AND FOOD CONTROL.

such business, whether cold storage or otherwise, and shall accompany such appli-
cation with an affidavit of the applicant stating the total number of tons of salmon
fish or sturgeon handled by such applicant the year next preceding the year the
applicant desires the license, and shall deposit with the Master Fish Warden the
license fee as hereinafter provided. Such persons aforesaid of the first class shall
pay a license fee of $5.00; of the second class, $7.50; of the third class, $10; of the
fourth class, $15; of the fifth class, $20; of the sixth class, $25; of the seventh class,
$30; of the eighth class, $40; of the ninth class, $50; of the tenth class, $60; of the
eleventh class, $70; of the twelfth class, $80; of the thirteenth class, $100; of the
fourteenth class, $125; of the fifteenth class, $160; of the sixteenth class, $200; of the
seventeenth class; $270; of the eighteenth class, $360; of the nineteenth class, $450;
of the twentieth class, $540; of the twenty-first class, $630; of the twenty-second class,
$800; provided, that any person, firm, or corporation desiring a license that, during
the year preceding such application was not engaged in dealing in salmon fish or
sturgeon as a packer by the cold storage process or otherwise shall, upon application,
be classified by the board of fish commissioners, and the license fee to be paid shall
be three times the regular fee, according to the class named; excepting in a case
where a cold storage plant remained idle only one season, then and in that case the
license fee to be paid shall be double the regular fee. Persons desiring to engage in
the business of retailing salmon fish or sturgeon for home consumption, or peddling
such fish from house to house, shall be listed of the first class, and shall pay a license
therefor accordingly, whether said person caught his own salmon fish or sturgeon or
not. Where more than one shop or plant is operated by the same person, firm, or
corporation, each shall be licensed separately and according to its class. A peddler’s
license shall be good for one person or wagon, and no more. All licenses issued
under the provisions of this section shall be good only in the district for which the
same is issued, and shall expire on the thirty-first day of March following the issu-
ance of such license @—As amended February 24, 1903, and February 10, 1905; General
Laws, 1905, ch. 56, pp. 119-121.

4096. Duties of fish warden; prosecutions. The fish warden shall keep and preserve
a record of all applications for license filed. The fish warden is not bound by state-
ments therein made as to the amount of fish packed or handled, but for the purpose
of ascertaining the true class in which any cannery or dealer in salmon fish or stur-
geon, as herein provided, should be listed, such fish warden or any of his deputies
has full authority and is hereby authorized to inspect the cannery and places of busi-
ness of such parties, and the books of such parties showing the amount of their pack
or the amount handled (but the information derived therefrom shall not be made
public), and if in the opinion of the fish warden the facts set forth in the affidavit of
the applicant for a license are untrue, and the canner, packer, or dealer as herein
provided, is not properly classed, he shall immediately class the same and list the
same properly, and cancel the license already issued, and demand from such canner,
packer, or dealer, as herein specified, a new license fee necessary to bring it within
the class it should have been listed in in the first instance; but any person, firm, or
corporation feeling aggrieved by the decision of the fish warden may appeal from
the decision of the fish warden to the circuit court of the State of Oregon for the
county in which his or its business is situated. Such appeal is taken by serving a
written notice of such appeal on the fish warden, or his deputy residing in the county,
and filing same with proof of service indorsed thereon within ten days from receiy-
ing notice of such relisting by such fish warden, together with a bond with one or
more sufficient sureties, to be approved by the clerk of the circuit court, conditioned
to pay whatever judgment may be rendered against him on the appeal, in the office





“So in Statutes.







OREGON. 509

of the clerk of the circuit court of the State of Oregon for the county in which said

_ business is located; and the case shall be tried in the said circuit court as a suit in
equity, and judgment entered by the court accordingly, and the decision shall be
final, and the judgment of the court shall be enforced as other judgments are, and
shall have like force and effect. No costs shall be taxed against the fish warden in
any event. Nothing in this section shall be construed to prevent the board of fish
commissioners, or any one of the deputies, from giving in evidence at the trial of
of such appeal any fact or information derived by them from inspection of the books
or papers of any canner, packer, or dealer in fish, or from offering in evidence in
any court the affidavit of any person required by this act.

4102. Inspection by fish warden authorized. The fish warden is hereby authorized
to inspect all canneries, cold storage houses, boats, nets, wheels, traps, and other
fishing apparatus, and all property used in the catching and packing of fish, for the
purpose of enforcing the provisions of this act, and to that end said fish warden is
authorized to enter into said property and make inspection thereof.

Bellinger and Cotton’s Annotated Codes and Statutes, 1902, vol. 2, ch. 5, pp.
1356-1361.
VINEGAR.4@

Src. 38. Manufacture and sale regulated; cider vinegar. No person shall manufac-
ture, sell, offer or expose for sale, or possess with intent to sell or deliver any vinegar
not in compliance with the provisions of this act. No vinegar shall be sold as apple,
orchard, or cider vinegar which is not the legitimate product of pure apple juice,
known as apple cider or vinegar, not made exclusively of apple cider or vinegar, into
which foreign substances, drugs, or acids have been introduced, and upon test shall
contain not less than 13 per cent by weight of cider vinegar solids and 25 per cent
of ash, and not less than 4 per cent of absolute acetic acid.

Sec. 39. Distilled vinegar; fermented vinegar. All vinegar made wholly or in part
from ‘‘ grain of any kind, syrup, or refuse from sugar refineries by process of mash-
ing and distilling and then converting into vinegar,’’ shall be branded ‘Distilled
Vinegar,’’ and such vinegar shall be free from coloring matter added during or after
distillation, and from color other than that imparted to it by distillation. All fer-
mented vinegar other than cider vinegar not distilled shall contain not less than 1}
per cent by weight upon full evaporation (at the temperature of boiling water) of
solids contained in the fruit or grain from which said vinegar is fermented, and shall
contain not less than 2} tenths of 1 per cent ash. All vinegar shall be made wholly
from the fruit or grain from which it purports to be made, and contain no foreign
substance and contain not less than 4 per cent by weight of absolute acetic acid.

Sec. 40. Use of mineral acids prohibited. No person shall manufacture for sale, offer
for sale, or possess with intent to sell, any vinegar found upon proper test to con-
tain any preparation of lead, copper, sulphuric, or other mineral acids, or ingredients
injurious to health. All packages, bottles, and any other vessel containing vinegar,
other than pure cider vinegar, shall all be marked, stenciled, or branded on the cask,
barrel, keg, bottle, or any other vessel containing such vinegar with the name and
residence of the manufacturer, together with the brand.

Filed February 22, 1905. Laws of 1905, ch. 209, pp. 357-358.
WATER.

2128. Pollution of water by sewerage a misdemeanor. Any person who shall put any
sewerage, drainage, or refuse, or polluting matter, as either by itself or in connection
with other matter will corrupt or impair the quality of any well, spring, brook,



“See also Dairy Products for general provisions, penalties, appropriations, etc.,
applying also to these sections.



510 FOODS AND FOOD CONTROL.

creek, branch, or pond of water, which is used or may be used for domestic pur-
poses, shall be deemed guilty of misdemeanor.

2129. Pollution of water supply by decaying substances, etc., a misdemeanor. If any
person shall put any dead animal carcass, or part thereof, excrement, putrid, nau-
seous, noisome, decaying, deleterious, or offensive substance into, or in any other
manner not herein named befouls, pollutes, or impairs the quality of, any spring,
brook, creek, branch, well, or pond of water which is or may be used for domestic
purposes, or shall put any such dead animal carcass, or part thereof, excrement,
putrid, nauseous, noisome, decaying, deleterious, or offensive substance within one
half mile of any dwelling house or public highway and leave the same without
proper burial, or, being in the possession or control of any land, shall knowingly
permit or suffer any such dead animal carcass, or part thereof, excrement, putrid,
nauseous, noisome, decaying, deleterious, or offensive substance to remain without
proper burial upon such premises, within one half mile of any dwelling house or
public highway, whereby the same becomes offensive to the occupants of such dwell-
ing or the traveling public, he shall be deemed guilty of a misdemeanor.

2130. Penalty; jurisdiction. Any person violating the provisions of this act shall,
upon conviction, be fined not less than ten nor more than fifty dollars, or be impris-
oned not less than five days nor more than twenty-five days, or by both fine and
imprisonment. Justices of the peace shall have jurisdiction of offenses committed
against the provisions of this act.

2131. Penalty for violation of sec. 2129. If any person or persons shall put any dead
animal’s carcass, or part thereof, or any excrement, putrid, nauseous, decaying, dele-
terious, or offensive substance, in any well, or into any spring, brook, or branch of
running water, of which use is made for domestic purposes, or to which any cattle,
horses, or other kind of stock have access, every person so offending shall, on con-
viction thereof, be fined in any sum not less than three nor more than fifty dollars.

Bellinger and Cotton’s Codes and Statutes, 1902, vol. 1, ch. 9, pp. 735-736.





PENNSYLVANIA.

The State dairy and food commissioner, who is an officer of the
department of agriculture of Pennsylvania, is charged with the enforce-
ment of all dairy and food laws of the State with the exception of cer-
tain older laws which, while they remain in the statute books, are
practically superseded by more recent legislation. The commissioner
is appointed by the governor for a term of four years, and all of his
actions are subject to approval by the secretary of agriculture.

GENERAL FOOD LAWS.

5. Unwholesome or adulterated provisions; penalty. If any person shall sell or expose
for sale, the flesh of any dieased animal, or any other unwholesome flesh, knowing
the same to be diseased or unwholesome, or sell or expose for sale unwholesome
bread, drink or liquor, knowing the same to be unwholesome; or shall adulterate
for the purpose of sale, or sell any flour, meal or other article of food, any wine,
beer, spirits of any kind, or other liquor intended for drinking, knowing the same
to be adulterated; or shall adulterate for sale, or shall sell, knowing them to be so
adulterated, any drugs or medicines; such person so offending shall be guilty of a
misdemeanor, and upon conviction be sentenced to pay a fine, not exceeding one
hundred dollars, or undergo an imprisonment, not exceeding six months, or both,
or either, at the discretion of the court.

P. L., 1860, p. 401; Brightly’s Purdon’s Digest, 1894, vol. 1, p. 473.

1. Oath of clerks of markets. The clerks of the several markets within this prov-
ince, now in office, and all such clerks as shall hereafter be appointed, before they
enter upon the execution of their office, shall take the following oath or affirmation,
before some magistrate or justice of the city, borough or county wherein they shall
reside, viz: ‘‘ That he will well and truly, to the best of his skill and judgment, do

-and perform all the things joined and required of him as clerk of the market, by
the laws of this province.’’

2. Buying and selling of provisions. It shall and may be lawful for any person or
persons to sell or expose for sale provisions, vegetables or fruit, in the markets of
any city, borough or corporate town within this commonwealth: Provided always,
That such provisions, vegetables or fruit shall not have been previously purchased
within the limits of such city, borough or corporate town.

3. Unwholesome or tainted meat; penalty. It shall not be lawful for any butcher or
other person to expose for sale any tainted or unwholesome meat or fish, or any veal
less than three weeks old when killed, in any of the market-houses or other places
for vending meat, in any of the cities or boroughs in the several counties of this com-
monwealth, under a penalty of ten dollars for each offense, to be recovered as other
penalties are recoverable, before any alderman or justice of the peace; one-half of
said penalty to go to the informer, and the other half for the benefit of the poor.

Brightly’s Purdon’s Digest, 1700-1894, vol. 2, p. 1294.
511



519 FOODS AND FOOD CONTROL.

Sec. 13. Decayed or unwholesome provisions; penalty. It shall be unlawful for any
person, firm, or corportion to keep, expose, or offer for sale for food, or keep the same
_for the purpose of sale for food, within the limits of said cities (second class), any
emaciated, tainted, putrid, decayed, decaying, unwholesome or diseased meat. In
case of keeping, exposing, or offering such, the said bureau shall have the power and
authority to seize, condemn, and confiscate the same, and also all maimed and dis-
eased animals, or any that may be too young to be used for food. The keeping,
offering, exposure, or sale as aforesaid of any emaciated, tainted, putrid, decayed,
decaying, unwholesome or diseased meat, or of any maimed or diseased animal or
animals too young to be used for food shall be and is hereby declared to be unlaw-
ful, and the person so offending shall be subject to a fine of not less than twenty-five
nor more than one hundred dollars. The exposure or offering for sale for food, or
keeping for purposes of sale for food any decayed or unwholesome vegetable, or
other matter or thing, is hereby declared to be unlawful, and any person or persons
so offending shall be liable to a fine not exceeding one hundred dollars.

Approved June 26, 1895. Laws 1895, Act 258, p. 350.

Src. 1. Adulteration prohibited. No person shall, within this State, manufacture for
sale, offer for sale or sell any article of food which is adulterated within the meaning
of this act. ;

Src. 2. Food defined. The term ‘‘food,’’ as used herein, shall include all articles
used for food or drink by man whether simple, mixed or compound.

Src. 3. Adulteration defined. An article shall be deemed to be adulterated within
the meaning of this act:

(a). In the case of food: (1). If any substance or substances have been mixed with
it so as to lower or depreciate or injuriously affect its quality, strength or purity.
(2). If any inferior or cheaper substance or substances have been substituted wholly
orin part forit. (3). If any valuable or necessary constituent or ingredient has been
wholly or in part abstracted from it. (4). If it is an imitation of or is sold under the
name of another article. (5). If it consists wholly or in part of a diseased, decom-
posed, putrid, infected, tainted or rotten animal or vegetable substance or article,
whether manufactured or not,—or in case of milk if it is the produce of a diseased
animal. (6). If it is colored, coated, polished or powdered, whereby damage or
inferiority is concealed, or if by any means it is made to appear better or of greater
value than it really is. (7). If it contains any added substance or ingredient which
is poisonous or injurious to health: Provided, That the provisions of this act shall
not apply to mixtures or compounds recognized as ordinary articles or ingredients
of articles of food, if each and eyery package sold or offered for sale be distinctly
labeled as mixtures or compounds, and are not injurious to health.

Sec. 4. Samples for analysis. Every person manufacturing, offering or exposing
for sale or delivering to a purchaser any article of food included in the provisions of
this act shall furnish to any person interested or demanding the same, who shall
apply to him for the purpose and shall tender him the value of the same, a sample
sufficient for the analysis of any such article of food which is in his possession.

Sec. 5. Penalties. Whoever refuses to comply, upon demand, with the require-
ment of section four, and whoever violates any of the provisions of this act shall be
guilty of a misdemeanor and upon conviction shall be fined not exceeding one hun-
dred nor less than fifty dollars, or imprisoned not exceeding ninety nor less than
thirty days, or both, and any person found guilty of manufacturing, offering for sale
or selling any adulterated article of food under the provisions of this act shall be
adjudged to pay, in addition to the penalties herein provided for, all necessary costs
and expenses incurred in inspecting and analyzing such adulterated articles of which





a

PENNSYLVANIA. 513

oe — ———

said person may have been found guilty of manufacturing, selling or offering for
sale: Provided, That all penalties and costs for the violation of the provisions of this
act shall be paid to the Dairy and Food Commissioner, or his agent, and by him
paid into the State Treasury, to be kept as a fund separate and apart for the use of
the Department of Agriculture for the enforcement of this act and to be drawn out
upon warrant signed by the Secretary of Agriculture and the Auditor General.

Sec. 6. Enforcement of act. The agent of the Department of Agriculture, known
as the Dairy and Food Commissioner of this State, shall be charged with the enforce-
ment of all the provisions of this act and shall have the same power to enforce the
provisions of this act that is given him to enforce the provisions of the act by which
he receives his appointment.

Approved June 26, 1895. Laws,1895, p. 317; Brightly’s Digest of Laws 1893-1903,
pp. 29-30.

ALCOHOLIC BEVERAGES.

9. Use ef poison or harmful drugs in beverages. It shall be unlawful for any person
or persons to make use of any active poison, or other deleterious drugs, in any quan-
tity or quantities, in the manufacture or preparation, by process of rectifying or
otherwise, of any intoxicating malt or alcoholic liquors, or for any person or persons
to knowingly sell such poisoned or drugged liquors in any quantity or quantities; and
any person or persons so offending shall be deemed guilty of a misdemeanor.

10. Branding. It shall be the duty of any person or persons engaged in the man-
ufacture and sale of intoxicating malt or alcoholic liquors, or in rectifying or prepar-
ing the same in any way, to brand on each barrel, cask or other vessel containing the
same, the name or names of the person or persons manufacturing, rectifying or pre-
paring the same, and also these words, ‘‘containing no deleterious drugs or added
poison;’’ and shall also certify the same fact or facts to the purchaser, over his, her
or their own proper signature.

11. Possession of drugged liquors. If any barrel, cask or other vessel, containing
any such drugged or poisoned liquor, shall be found in the possession of any person
or persons designated in sections one and two [Seces. 9 and 10], it shall be deemed
prima facie evidence of a violation of the provisions of this act.

12. Analysis of suspected liquors. Any suspected article or specimen of intoxicating

malt or alcoholic liquor, shall be subjected to analysis by some competent person to
perform the same, under the direction of the court before which the case is tried;
and such analysis, duly certified under oath, shall be deemed legal evidence in any
court in this state: Provided, That upon any preliminary examination, before any
justice of the peace, mayor or other magistrate or competent authority, for the pur-
pose of binding over, such officer may order the inspection aforesaid to be made, and
make such order as may be necessary to preserve the evidence of the offence, until
the trial of the offender.
13. Penalty. Any person offending against any of the provisions of this act shall
be deemed guilty of a misdemeanor, and on conviction thereof, shall be sentenced to
pay a fine, not exceeding five hundred dollars, and to undergo an imprisonment, not
exceeding twelve months, or both, or either, in the discretion of the court.

14. Use of drugs, etc., in process of manufacture. Any and all persons engaged in
the business of brewing or manufacture of ale, beer or other malt liquors, or in the
fermentation, distillation or manufacture of any vinous or spirituous liquors, be and
they are hereby prohibited making use, in or about such business, or in any such
process of brewing, fermentation, distillation or manufacture, of any poisonous or
deleterious drugs or chemicals, or any impure or injurious materials, or such as are
prejudicial to the public health, or to the health of any person drinking or making
use of any such malt, vinous or spirituous liquors.



514 FOODS AND FOOD CONTROL.

15. Penalty. The use of any such poisonous or deleterious drugs or chemicais, or
impure or injurious materials, or of those prejudicial to health, as are prohibited by
the first section of this act, (14) is hereby declared to be a misdemeanor, and any
person convicted of so using the same, shall be punished by a fine of one thousand
dollars, and by an imprisonment of not more that one year.

Brightly’s Purdon’s Digest, 1894, vol. 1, p. 473.

46. Proof of adulteration. In all actions for the sale of any spirituous, vinous or
malt liquors, or any admixtures thereof, it shall be competent for the defendant, in
every such case, to prove that said liquors or admixtures thereof were impure, viti-
ated or adulterated; and proof thereof being made, shall amount to a good and legal
defence to the whole of the plaintiff’s demand.

Brightly’s Purdon’s Digest, vol. 2, 1894, p. 1233.
APPLE PRODUCTS.

7. (1) Enforcement of law. The State Dairy and Food Commissioner shall be
charged with the enforcement of all laws against fraud and adulteration or impurities
in vinegar, jellies, cider, evaporated apples and all apple products, and the unlawful
labeling of the same in the State of Pennsylvania.

8. (2) Inspection and prosecution. It shall be the duty of said Dairy and Food
Commissioner to inspect any articles of vinegar, jellies, cider, evaporated apples or
other apple products made or offered for sale in the State of Pennsylvania as an
article of food or drink, and to prosecute or cause to be prosecuted any person or
persons, firm or firms, corporation or corporations engaged in the manufacture
or sale of any adulterated article of food or drink, or adulterated in violation of
or contrary to any laws of the State of Pennsylvania now in force or hereafter to be
passed.

9. (3) Inspection and sampling privileges. The said Food Commissioner and such
assistants, agents, experts, chemists, detectives and counsel as he shall duly author-
ize for the purpose, shall have full access, egress, ingress to all places of business,
factories, mills, buildings, carriages, cars, vessels and barrels, tanks and packages
of whatever kind, used in the manufacture and transportation and sale of any
apple products, or of any adulteration or imitation thereof. They shall also have
power and authority to open any package, barrel or vessel containing apple products,
or any adulteration or imitation thereof, which may be manufactured, sold or
exposed for sale in violation of any of the provisions of any act now enacted or
which may be hereafter enacted in relation to apple products, or the adulteration
or imitation or unlawful labeling thereof, and they shall also have power to take
from such packages, barrel or vessel samples for an analysis, after tendering compen-
sation for said samples thus taken.

10. (4) Disposal of fines, etc. All penalties and costs shall be received by the
State Board of Agriculture for the violation of this act and of other acts now enacted
or hereafter to be enacted prohibiting or regulating the adulteration or imitation of
any apple product, and shall be appropriated by the said board to the payment only
of the necessary expenses incurred by the said Dairy and Food Commissioner and
his assistants and agents in the investigation, discovery and prosecution of violation
of this act.

11. (5) Lexpenses. That all charges, accounts and expenses of the said Com-
missioner, and all of the assistants, agents, experts, chemists, detectives and counsel
employed by him in carrying out the provisions of this act, shall be paid by the
Treasurer of the State in the same manner as other accounts and expenses of the said
Board of Agriculture are now paid, as provided by law.






PENNSYLVANIA. 515

42. (6.) Report of food commissioner. That the said Commissioner shall make an
annual report of his work and proceedings, and shall report in detail the number
and names of his assistants, agents, experts, chemists, detectives and counsel em-
ployed by him in carrying out the provisions of this act, together with their expenses
and disbursements, and be a part of his general report, not a separate one, to the said
_ State Board of Agriculture at its annual meeting.

_ Approved July 5, 1895. Laws 1895, p. 605. Brightly’s Digest of Laws 1893-1903,
pp. 30-31. :

BREAD, ETC.

Sec. 17. Sanitation of bakeries, etc. All persons, firms and corporations engaged in
the manufacture or baking of bread, cakes, crackers, pastry, pretzels or maccaroni,
for public sale, shall keep their room or rooms for baking, mixing, storing, or sale
of flour or other grain products separate and apart from any sleeping-room, water-
closet, urinal, defective drain or sewer pipe, and shall not permit the harboring of
any domestic animal therein. The floors of all baking, mixing, storing and sales-
rooms shall be kept clean and tightly joined and free from crevices, and the walls
and ceilings shall be painted, kalsomined or whitewashed as often as twice in each
year, and oftener if, in the opinion of the Chief Factory Inspector or his deputy, the
safety of the employes or the public shall require.

Sec. 18. Permit issued by inspector. When the fareging@ provisions of section sey-
enteen are complied with, the Chief Factory Inspector or his deputy shall issue to
the owner or person in charge of such bakeshop a permit, stating that the same is
in a clean and sanitary condition; which permit shall be posted and kept posted in
the office or salesroom of the bakeshop, aforesaid; but when any of the foregoing
provisions of section seventeen are not being complied with in any bakeshop, the
Chief Factory Inspector or his deputy shall issue to the person in charge, or his rep-
resentative, a written order to comply with the law aforesaid, within ten days; or
he may order the closing of any such bakeshop until the order shall have been com-
plied with, should the safety of the employes or the public, in his opinion, so require.

Approved May 2, 1905. Laws of 1905, No. 226, pp. 357-358.

CONFECTIONERY.

6. Penalty for addition of injurious ingredients. If any person shall manufacture for
sale, or sell or offer to sell any candy or confectionery adulterated by the mixture of
terra alba, barytes, talc, or other mineral substance, or by poisonous colors, or flavors,

_ or other ingredients, deleterious or detrimental to health, knowing the same to be so
adulterated, such person so offending shall be guilty of a misdemeanor, and, upon
conviction, be sentenced to pay a fine not exceeding one hundred dollars nor less
than fifty dollars, and the candy and confectionery so adulterated shall be forfeited
and destroyed by the order oi the court.

7. Possession of adulterated products. If any candy or confectionery adulterated in
violation of the first section of this act (6), shall be found in the possession of any
manufacturer, merchant or dealer, it shall be deemed prima facie evidence that the
same is offered for sale and that the person having it in possession knew that the same
was so adulterated.

8. No action shall be maintained or recovery had in any case for the value of any
candy or confectionery which may have been adulterated, as specified in the first
section of this act, (6) and it shall be competent for the defendant in every such case





“So in Statutes,



516 FOODS AND FOOD CONTROL.

to prove that the candy or confectionery was so adulterated, and proof thereof being
so made, shall amount to a good and legal defence to the whole of the plaintiff’s
claim therefor.

Approved May 23, 1887. Public Laws, 1887, 157; Brightly’s Purdon’s Digest, vol.
1, 1894, p. 473.

DAIRY PRODUCTS.

1. Milk inspection. The councils of cities and boroughs’ in this commonwealth be
and they are hereby authorized and empowered to provide for the inspection of milk,
under such rules and regulations as will protect the people from adulteration and
dilution of the same.

2. Penalty for sale of impure milk. Any person or persons, who shall knowingly
sell or exchange, or expose for sale or exchange, any impure, adulterated or unwhole-
some milk, shall be deemed guilty of a misdemeanor, and on conviction shall be
punished by a fine of not less than twenty dollars for each offense; and if the fine be
not paid, shall be imprisoned for not less than fifteen days, or until said fine shall
be paid.

3. Adulteration of milk; penalty. Any person who shall adulterate milk, with the
view of offering the same for sale or exchange, shall be deemed guilty of a mis-
demeanor, and on conviction shall be punished by a fine of not less than ten dollars
_for each and every offence; and if the fine be not paid, shall be imprisoned for not
less than eight days, or until said fine is paid.

4, Marking of milk wagons. Any person or persons who shall in any cities,
boroughs and villages, having a population of one thousand inhabitants and upwards,
engage in or carry on the sale, exchange or traffic in milk, shall have the carriage or
vehicle from which the same is vended conspicuously marked with his, her or their
names, also indicating the locality from whence said milk is obtained or where pro-
duced; and for every neglect of such marking, the person or persons so neglecting
shall be subject to the penalties provided for in section second of this act.

5. False marking of milk wagons. For marking wagons or vehicles, so as to convey
the idea that said milk is procured from, or produced in, a different locality than it
really is, the person or persons so offending shall be subject to a fine of fifty dollars,
or imprisonment not less than thirty days, or both, at the discretion of the cout.

6. Adulterated and unwholesome milk defined. The addition of water or of ice to the
milk, is hereby declared an adulteration; any milk obtained from animals fed on
distillery-waste or any substance in a state of putrefaction, is hereby declared to be
impure and unwholesome.

7. Sale of milk to butter and cheese factories. Uf any person or persons shall, with
intent to defraud, sell, supply or bring to be manufactured, to any butter or cheese
manufactory in this state, any milk, diluted with water, or in any way adulterated,
uncleanly or impure, or milk from which cream has been taken, or milk commonly
known as skimmed milk, or if any person or persons so furnishing milk as aforesaid,
who shall keep back any part of the milk known as “‘strippings,’’ or shall knowingly
bring or supply milk to any butter or cheese manufactory that is tainted or partially
sour, or shall knowingly bring or supply to any butter or cheese manufactory, milk
drawn from cows within fifteen days before parturition, or within five days after
parturition, shall for each offence forfeit and pay a sum not less than ten dollars nor
more than one hundred dollars, with costs of suit, to be sued for in any court of
competent jurisdiction for the benefit of the person or persons, firm or association or
corporation upon whom such fraud or neglect shall be committed.— Laws, 1869.

8. Sale of adulterated or impure milk in cities. In cities of the second and third
classes, whoever, by himself or by his servant or agent, or as the servant or agent of
any other person, sells, exchanges or delivers, or has in his custody or possession
with intent to sell or exchange, or exposes or olfers for sale or exchange, adulterated

a





|
|

PENNSYLVANIA. 517

“milk, or milk to which water or any foreign substance has been added, or milk pro-

duced from cows fed upon any substance in a state of putrefaction, or from sick and
diseased cows, shall, for such offence, be punished by fine of not less than twenty,
nor more than one hundred dollars.

9. Diluted or skimmed milk. Whoever, by himself or by his servant or agent, or as
the servant or agent of any other person, sells, exchanges or delivers, or has in his
custody or possession, with intent to sell or exchange, or exposes or offers for sale as
pure milk, any milk from which the cream or any part thereof has been removed,
shall, for such offence, be punished by the penalty provided in the preceding section.

10. Skimmed milk must beso marked. No dealer in milk and no servant or agent of
such a dealer, shall sell, exchange or deliver, or have in his custody or possession,
with intent to sell, exchange or deliver, milk from which the cream or any part
thereof has been removed, unless in a conspicuous place above the center upon the
outside of every vessel, can or package, from or in which such milk is sold, the
words ‘‘skimmed milk”’ are distinctly painted in letters not less than one inch in
length. Whoever violates the provisions of this section, shall, for such offence, be
punished by the penalty provided in section one of this act.

11. Milk standard. If the milk mentioned in sections one and two of this act is
shown, upon analysis, to contain more than eighty-seven and fifty one-hundredth
per centum of watery fluid, and to contain less than twelve and fifty one-hundredth
per centum of milk solids, and less fat than three per centum, and if the spe-
cific gravity at sixty degrees Fahrenheit is not between one and twenty-nine one
thousandths to one and thirty-three one thousandths, it shall be deemed to be
adulterated.

12. Skimmed milk standard. If the skimmed milk mentioned in section three of

_ this act, is shown, upon analysis, to contain less than six per centum of cream by

volume, and less than two and five-tenths per centum of fat by weight, and if
the specific gravity at sixty degrees Fahrenheit, in not between one and thirty-two
thousandths, to one and thirty-seven thousandths, it shall be deemed to be
adulterated.

13. Milk tests. Whenever the inspector of milk has reason to believe that any
milk found by him is adulterated, he shall take specimens thereof and test the same
with such instrument or instruments as are used for such purpose, and if the result
of such test indicates that the milk has been adulterated or deprived of its cream,
or any part thereof, the same shall be prima facie evidence of such adulteration in
prosecutions under this act.

14. Milk analyses. If the said inspector shall deem it necessary, he shall cause
such milk to be analyzed, the result of which analysis he shall record and keep as

- evidence, and a certificate of such result, sworn to by the analyzer, shall be admis-

sible in evidence in prosecution under this act. The expense of such analysis, not
exceeding fifteen dollars in any one case, may be included in the costs of such prose-
cutions.

15. Prosecutions. It shall be the duty of the inspector of milk to commence pro-
ceedings in the name of the board of health for any violations of the provisions of
this act, from his own knowledge, or on information of any person giving satisfac-
tory evidence to him of such violations, before any mayor, deputy mayor or alder-
man of said cities.

16. Disposition of fines; nonpayment. The recovery of fines or penalties imposed
and inflicted on any person by the provisions of this act, shall be for the use of said
board of health, and upon nonpayment of the fines or penalties imposed and inflicted

as aforesaid, such person shall be committed to the county jail for a period not

exceeding thirty days.
17. Additional penalties. That in addition to the fines mentioned in the foregoing
sections of this act, any person or persons violating the same shall be deemed guilty



518 FOODS AND FOOD CONTROL. 3

of a misdemeanor, and, upon conviction thereof, shall be liable to a fine of not less
than fifty, nor more than one hundred dollars, or by imprisonment in the county
jail for not less than ten, nor more than thirty days, or both, or either, at the discre-
tion of the court.

Laws of 1885; Brightly’s Purdon’s Digest, vol. 2, p. 1332.

Sec. 1. Manufacture and sale of butter substitutes. No person, firm or corporate body
shall manufacture out of any oleaginous substance or any compound of the same, other
than that produced from unadulterated milk, or of cream from the same, any article
designed to take the place of butter or cheese produced from pure, unadulterated
milk, or cream from the same, or of any imitation or adulterated butter or cheese,
nor shall sell or offer for sale, or have in his, her or their possession, with intent to
sell the same as an article of food.

Sec. 2. Sales declared void. Every sale of such article or substance, which is pro-
hibited by the first section of this act, made after this act shall take effect, is hereby
declared to be unlawful and void, and no action shall be maintained in any of the
courts of this state to recover upon any contract for the sale of any such article or
substance.

Src. 3. Penalty; disposal of fines. Every person, firm or corporate body who shall

manufacture, sell or offer or expose for sale, or have in his, her or their possession, ©

with intent to sell, any substance, the manufacture and sale of which is prohibited by
the first section of this act shall, for every such offense, forfeit and pay the sum of
one hundred dollars, which shall be recoverable, with costs, by any person suing in
the name of the Commonwealth, as debts of like amount are by law recoverable, one-
half of which sum when so recovered shall be paid to the proper county treasurer
for the use of the county in which the suit is brought, and the other half shall be
paid to the Dairy and Food Commissioner, or his agent, and by him covered into
the State Treasury to be kept asa fund, separate and apart, for the use of the Depart-
ment of Agriculture for the enforcement of this act, and to be drawn out upon
warrants approved and signed by the Secretary of Agriculture and the Auditor
General.—As amended June 26, 1895.

Src. 4. Penalty for violation of sec. 1. Every person who violates the provisions
of the first section of this act, shall be deemed guilty of a misdemeanor, and, upon
conviction, shall be punished by a fine of not less than one hundred dollars nor more
than three hundred, or by imprisonment in the county jail for not less than ten nor
more than thirty days, or both such fine and imprisonment for the first offence,
and imprisonment for one year for every subsequent offence.

Sec. 5. Reports of violations of act. It shall be the duty of constables of the several
cities, boroughs, wards and townships of this commonwealth, to make quarterly
reports, under oath, to the courts of quarter sessions, of all violations of any of the
provisions of this act which may come or be brought to their notice ; and it shall be
the duty of the judges of the said courts to see that the said returns are made regu-
larly and faithfully.—Secs. 1-4, approved May 21, 1885.

Sec. 6 (1). Use of dairy products in charitable or penal institutions. It shall not be
Jawful for any charitable or penal institution in the State of Pennsylvania to use or
furnish to its inmates, any substance, the manufacture or sale of which is prohibited
by section one of the act, entitled ‘‘An act for the protection of the public health and

to prevent the adulteration of dairy products and fraud in the sale thereof,’”’ approved.

May twenty-first, Anno Domini one thousand eight hundred and eighty-five (p.
344).—Approved May 23, 1898.

Src. 7 (2). Penalty for buying. Any otticer, agent, steward or other official of any
such charitable or penal institution, who shall knowingly buy any substance the
manufacture or sale of which is prohibited by section one of the said act of May
twenty-one, Anno Domini one thousand eight hundred and eighty-five, for use in








PENNSYLVANIA. 519

such charitable or penal institution, or who shall knowingly cause such substance to
be used by the inmates of such charitable or penal institution, shall be deemed guilty
of a misdemeanor, and upon conviction shall be punished by a fine not exceeding
one thousand dollars, or imprisonment not exceeding two years for each offense, or
either or both, at the discretion of the court.—Approved May 23, 1893.

Src. 8 (2). Penalty for selling. Every person who shall knowingly sell or offer for
sale, to any officer, agent, steward or other official of any charitable or penal institution
any substance, the manufacture or sale of which is prohibited by section one of the
said act of May twenty-first, Anno Domini one thousand eight hundred and eighty-
five, for use in such charitable or penal institution, shall be deemed guilty of a
misdemeanor, and upon conviction, shall be punished by a fine not exceeding one
thousand dollars or by imprisonment not exceeding two years, or either or both, at
the discretion of the court.—Approved May 23, 1893.

Sec. 9 (1). Enforcement of dairy laws. The State Board of Agriculture be and is
hereby empowered and charged with the enforcement of the provisions of the act,
entitled ‘‘An act for the protection of the public health, and to prevent the adultera-
tion of dairy products and fraud in the sale thereof,’’ approved May twenty-first,
Anno Domini one thousand eight hundred and eighty-five, and with the enforcement
of all other laws now enacted, or hereafter to be enacted, prohibiting or regulating
the adulteration or imitation of butter, cheese or other dairy products.—Approved
May 26, 1893.

Sec. 10 (2). Dairy and food commissioner. For the purpose of securing the enforce-
ment of the provisions of the said laws concerning dairy products, the president of
the State Board of Agriculture be and hereby is authorized and empowered to appoint
an agent of the said Board, who shall be known by the name and title of the ‘‘ Dairy
and Food Commissioner,’’ who shall hold his office for the term of two years, or
until his successor shall be duly appointed and qualified, and shall receive a salary
of two thousand dollars per annum and his necessary expenses incurred in the dis-
charge of his official duties under this act. The said agent shall be charged under
the direction of the said Board with the execution and enforcement of all laws now
enacted, or hereafter to be enacted, in relation to the adulteration or imitation of
dairy products.—Approved May 26, 1893.

Sec. 11 (3). Assistants; salaries. The said agent of the said Board, the said Dairy
and Food Commissioner, is hereby authorized and empowered, subject to the
approval of the said State Board of Agriculture, to appoint and fix the compensation
of such assistants, agents, experts, chemists, detectives and counsel as may be
deemed by him necessary for the proper discharge of the duties of his office, and for
the discovery and prosecution of violations of the said laws: Provided, That the
entire expenses of the said agent and of all his assistants, agents, experts, chemists,
detectives and counsel (salaries included), shall not exceed the sum appropriated
for the purposes of this act.—Approved May 26, 1898.

Src. 12 (4). Inspection and sampling. The said agent of the State Board of Agri-
culture and such assistants, agents, experts, chemists, detectives and counsel, as he
shall duly authorize for the purpose, shall have full access, egress and ingress to all
places of business, factories, farms, buildings, carriages, cars, vessels and cans, used
in the manufacture, transportation and sale of any dairy products, or of any adul-
teration or imitation thereof. They shall also have power and authority to open
any package, can or vessel containing dairy products, or any adulteration: or imita-
tion thereof, which may be manufactured, sold or exposed for sale, in violation of
any of the provisions of any act now enacted or which may be hereafter enacted in
relation to dairy products, or the adulteration or imitation thereof, and they shall
also have power to take from such package, can or vessel, samples for analysis.—
Approved May 26, 1898.

10945—No. 69, pt 6—06——5



520 FOODS AND FOOD CONTROL.

Sec. 13 (5). Disposal of fines. All penalties and costs received by the said State
Board of Agriculture for violations of the said act of May twenty-first, Anno Domini
one thousand eight hundred and eighty-five, and of other acts now enacted or here-
after to be enacted, prohibiting or regulating the adulteration or imitation of butter,
cheese or other dairy products, shall be appropriated by the said Board to the pay-
ment only of the necessary expenses incurred by the said Dairy and Food Commis-
sioner and his assistants and agents in the investigation, discovery and prosecution
of violations of the said act.—Approved May 26, 1893.

Sec. 14 (6). Payment of accounts. All charges, accounts and expenses of the said
Commissioner, and of all the assistants, agents, experts, chemists, detectives and
counsel employed by him, shall be paid by the Treasurer of the State in the same
manner as other accounts and expenses of the said State Board of Agriculture are
now paid as provided by law.—
Sec. 15 (7). Commissioner’s reports. The said Commissioner shall make annual
reports of his work and proceedings, and shall report in detail the number and names
of the assistants, agents, experts, chemists, detectives and counsel employed by him,
with their expenses and disbursements, the number of prosecutions, the number of
convictions and the penalties recovered in each case, which report shall be pre-
sented to the said State Board of Agriculture at its annual meeting.—Approved May
26, 1893.

Brightly’s Purdon’s Digest, 1700-1894, vol. 2, pp. 1621, 1622.

57. (14.) Registration of dairies, etc. It shall be the duty of the Bureau of Health
to make a complete registration of all dairies and milk depots in the said cities, and to
require the names of the owners of the different dairies, or of the persons dealing in
milk, to be legibly placed upon each vehicle used for the conveyance of milk, and
any person or persons refusing or neglecting to give such information, or to place his
or their name or names on said vehicles as aforesaid, shall be liable to a fine of not
more than twenty dollars for each and every day the same shall be omitted.

58. (15.) Adulterated milk unlawful. It shall be unlawful for any person or persons
to offer for sale, exchange or delivery, or to have in their custody or possession, with
intent to sell, exchange or deliver, or expose or offer for sale or exchange, any milk
adulterated with water or other substance, or any milk from diseased cows or
goats; and if any person or persons shall violate any of the provisions of this section,
he, she or they shall be subject to all the penalties prescribed in section 114 of this
act, and, in addition thereto, said bureau of health shall have the power and author-
ity to seize, condemn and confiscate such milk.—As amended May 2, 1899, Laws
of 1899, No. 113, sec. 8, p. 172.

59. (16.) Enforcement of law. It shall be the duty of the said Bureau of Health to
see that the provisions of sections fourteen and fifteen of this act are enforced, and
for that purpose its officers shall have the right at all times to enter all places where
milk may be sold, or stop any vehicle used in conveying the same, and cause a sam-
ple to be tested or analyzed.

60. (17.) Marking of milk wagons. Any person or persons who shall in any of said
cities engage in or carry on the sale, exchange, or traffic in milk, shall have the
carriage or vehicle from which the same is vended conspicuously marked with his,
her or their names, also designating the locality from which said milk is obtained
or where produced, and for every neglect of such marking, the person or persons
so neglecting shall be subject to a fine not exceeding ten dollars. For marking
wagons or vehicles so as to convey the idea that said milk is procured from or pro-
duced in a different locality than it really is, the person or persons so offending shall
be subject to a fine not exceeding fifty dollars. The addition of welet.¢ or Eo ice to





«No penalty prescribed.



PENNSYLVANIA. 521




; milk, is hereby declared an adulteration, and any milk obtained from animals fed
on distillery waste or any substance in a state of putrefaction, is hereby declared to
be impure and unwholesome.

Approved June 26, 1895. Laws 1895, Act 258, p. 350; Brightly’s Digest of Laws,
1893-1903, p. 557.

Sec. 1. Preservatives in milk; penalty. The sale or offering for sale of milk for
human consumption in this Commonwealth, to which has been added boracic acid,
salt boracic acid, salicylic acid, salicylate of soda or any other acid drug, compound
or substance, shall be a misdemeanor and punishable by a fine of not more than one
hundred dollars, or an imprisonment not exceeding three months, or both, or either,
at the discretion of the court. ;

Law of June 26, 1895; Brightly’s Digest of Laws, 1893-1903, p. 439.

2. (1) Preservatives in milk. If any person, firm or corporate body, by himself,
herself or themselves, or by his, her or their agents or servants, shall offer for sale,
expose for sale, sell, or have in possession with intent to sell, for human consump-
tion, milk or cream to which has been added boracic acid salt, boracic acid, salicylic
acid, salicylate of soda, formaline, formaldehyde, sodium fluoride, sodium benzoate,
or any other compound or substance for the purpose of preserving or coloring the
same, shall be deemed guilty of a misdemeanor, and upon conviction thereof in the
Court of Quarter Sessions of the proper county shall be sentenced to pay a fine of
not less than fifty nor more than one hundred dollars, or to undergo an imprison-
ment not exceeding sixty days, or both, at the discretion of the court.—As amended
April 19, 1901, Laws 1901, Act 59, p. 85.

3. (2) Enforcement of act. The agent of the Department of Agriculture, known
as the Dairy and Food Commissioner, shall be charged with the enforcement of all
the provisions of this act, and shall have all the power to enforce this act that is
given him to enforce the provisions of the act by which he receives his appointment.

4. (3) Disposition of fines, etc. All penalties and costs for the violation of the pro-
visions of this act shall be paid to the Dairy and Food Commissioner or his agent,
and by him paid into the State Treasury, to be kept as a fund, separate and apart,
for the use of the Department of Agriculture for the enforcement of this act, and to
be drawn out upon warrant signed by the Secretary of Agriculture and the Auditor
General.

5. (4) Repeal. All acts or parts of acts inconsistent with the provisions of this act

_ are hereby repealed.

Approved June 10, 1897. Laws 1897, Act 118, p. 142; Brightly’s Digest of Laws,
1893-1903, pp. 439-440.

Sec. 1. Adulterated cheese. No person, firm or corporate body shall manufacture,
sell, offer for sale or have in his or their possession with intent to sell, any cheese
not the legitimate product of pure, unadulterated milk or cream, or any cheese into
which any foreign fats or substances have been introduced as may appear upon
proper test.

Sec. 2. Grades of cheese; branding. All cheese manufactured or sold within this
Commonwealth shall be divided into five grades, and shall be branded or stenciled
in ordinary bold-faced capital letters, not less than ONE-HALF inch in height on one
side of each cheese, and upon one side of the box or case containing the cheese, the
manufacturer's name and postoflice address, and the words ‘‘ Fut, Cream,” ‘‘ THrer-
rourTHS Cream,” ‘‘Ong-HALF Cream,’ “Onz-rourtH Cream,’ and “SkrmMep
Cueese.”’ All cheese branded ‘‘ Futt Cream”? shall contain not less than thirty-two
per centum of butter fat, as may appear upon proper test. All cheese branded



52? FOODS AND FOOD CONTROL.

‘“THREE-FOURTHS CREAM”’ shall contain not less than twenty-four per centum of
butter fat, as may appear upon proper test. All cheese branded ‘‘Onr-HALF CREAM”’
shall contain not less than sixteen per centum of butter fat, as may appear upon
proper test. All cheese branded ‘‘OnE-rouRTH CREAmM’’ shall contain not less than
eight per centum of butter fat, as may appear upon proper test. All cheese contain-
ing less than eight per centum of butter fat, as may appear upon proper test, shall be
branded ‘‘SkimmMeD CHEESE:’’ Provided, however, That all full-cream cheese sold,
shipped or consigned to dealers outside of the Commonwealth of Pennsylvania may
be branded, or stenciled, or not, as required by this act, at the option of the manu-
facturer.—Amendment of May 2, 1901, Laws 1901, Act 95, p. 128.

Src. 3. Penalties. Every person, firm or corporation who shall violate any of the

provisions of this act shall, for every such offense, forfeit, and pay the sum of not less”

than fifty dollars, nor more than one hundred dollars, together with all charges and
expenses for inspection and analysis connected therewith, by any person suing
therefor in the name of the Commonwealth, as debts of like amount are by law
recoverable; and justices of the peace and aldermen throughout this Commonwealth,
shall have jurisdiction to hear and determine all actions arising under the provisions
of this act, and all cheese not in accordance with this act shall be subject to forfeiture
and spoliation: Provided, That the Department of Agriculture, through its officers,
known as the Dairy and Food Commissioner, together with his deputies, agents and
assistants, shall be charged with the enforcement of the provisions of this act, and
shall have authority to enter any building or factory where the same is sold or manu-
factured or exposed for sale, and shall have the right to take samples sufficient for
analysis, upon tendering the value thereof. All fines and penalties, including also
all charges for inspection and analysis, shall be paid to the Dairy and Food Commis-
sioner, his deputies, agents or assistants, and by him immediately covered into the
State Treasury, and so much of said fund as may be necessary for the enforcement of
this act shall be drawn out upon warrants signed by the Secretary of Agriculture and
Auditor General: Provided, That the provisions of this act shall not be construed to
apply to such cheese as is known as ‘‘faney’’ cheese and is under five pounds in
weight, each; or to what is known as cottage cheese or pot cheese, and do not con-
tain anything injurious to health.

Src. 4. This act shall take effect sixty days after its approval by the Governor of
the Commonwealth.

Approved June 23, 1897. Laws, 1897, Act 164, p. 202; Brightly’s Digest of Laws,
1893-1904, pp. 111-112.

26. (1) Label for renovated butter. No person, firm, or corporate body shall,
within this State, sell, or offer or expose for sale, or have in his, her or their posses-
sion with intent to sell, any butter not labeled in compliance with the provisions of
this act. Butter produced by taking original packing stock and other butter and
melting the same, so that the butter oil can be drawn off, mixed with skimmed milk
or other material, and by emulsion or other process produce butter, and butter pro-
duced by any similar process, and commonly known as “‘ Boiled’’ or ‘‘ Process’’
butter, shall before sale, and before being offered or exposed for sale, and while
in the possession of any person, firm or corporate body with intent to sell the
same, be plainly labeled ‘‘ Renovated Butter,’’ in the manner prescribed by this act.
If sold, offered or exposed for sale, or in possession of any person, firm or corporate
body with intent to sell the same in prints or rolls, the prints or rolls shall be covered
by wrappers, on which shall be printed in conspicuous letters the words ‘‘ Renovated
Butter.’’ If packed in tubs or other receptacles, and sold or offered or exposed for
sale or held in the possession of any person, firm or corporate body with intent to
sell the same, the said words shall be printed in one-inch letters on the top and two

- aaa ie





PENNSYLVANIA. 523

sides of the tub or receptacle; if uncovered and not contained in a tub or other recep-
tacle, and sold or offered or exposed for sale, or held in the possession of any person,
firm, or eorporate body with intent to sell the same, a placard containing the said
words shall be attached to the mass, in a manner making them plain and prominent.

27. (2) Penalties; inspection authority. Every person, firm, or corporate body who
shall violate any of the provisions of this act shall, for every such offense, forfeit and
pay not less than twenty-five dollars nor more than one hundred dollars, which shall
be recoverable with costs, including expenses of inspection and analysis, by any per-
son suing in the name of the Commonwealth, as debts of like amount are by law
recoverable: Provided, That the Department of Agriculture, through its officer
known as the Dairy and Food Commissioner, together with the deputies, agents and
assistants, shall be charged with the enforcement of this act, and shall have full
access to all places of business, factories; buildings, carriages, cars, vessels, barrels,
and packages of whatever kind, used in the manufacture and transportation and sale
of any butter, or of any adulteration or imitation thereof. They shall also have
power and authority to open any package, barrel or vessel containing any butter, or
any adulteration or imitation thereof, which may be manufactured, sold, or offered
or exposed for sale, or held in possession with intent of the holder to sell; and they
shall also have full power and authority to take the samples therefrom for analysis
upon tendering the value of said samples. And all charges, accounts and expenses
of the Department for the enforcement of this act, through the said commissioner
and his deputies, agents, assistants, chemists and counsel employed by him in carry-
ing out the provisions of this act, shall be paid by the Treasurer of the State in the
same manner as other accounts and expenses of the said Department are paid. And
all penalties and costs for the violation of the provisions of this act shall be paid to
the said Dairy and Food Commissioner, or his agents, and by him immediately
covered into the State Treasury.

28. (3) Violation of act a misdemeanor; penalty. Every person who violates any
of the provisions of this act shall be deemed guilty of a misdemeanor, and upon con-
viction thereof shall be punished by a fine of not more than one hundred dollars, or
by imprisonment in the county jail for not more than thirty days, or both fine and
imprisonment, for the first offense; and a fine of one hundred dollars and imprison-
ment for thirty days, for every subsequent offense: Provided, That all fines and
costs, including the expense of inspection and analysis imposed under this section,
shall be covered into the State Treasury, as provided by section two of this act; and
all butter sold or offered or exposed for sale, or held in the possession of any one
with intent to sell the same, in violation of the provisions of this act shall be sub»
ject to forfeiture and spoliation.

29. (4) Jurisdiction. Magistrates and justices of the peace throughout this Com-
monwealth shall have jurisdiction to hear and determine actions arising for violations
of the provisions of this act, and to hold for court or impose the penalties provided
therein, subject to appeal as the law shall direct.@

Law of May 4, 1899; Brightly’s Digest of Laws, 1893-1903, p. 694.

1. Imitation butter prohibited; proviso. No person, firm or corporate body, by him-
self, herself or themselves, or by his, her or their agents or servants, shall render or
manufacture, sell, ship, consign, offer for sale, expose for sale, or have in his, her
or their possession, with intent to sell, 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, without the admix-
ture or addition of any fat foreign to the said milk or cream, and which shall be in

a

“This act, so far as inconsistent, is repealed by the act of July 10, 1901, see p. 537.



524 FOODS AND FOOD CONTROL.

imitation of yellow butter, produced from pure, auadulterated@ milk or cream of
the same, with or without coloring matter: Provided, That nothing in this act shall
be construed to prohibit the manufacture or sale, or offering or exposing for sale, or
having in possession with intent to sell, oleomargarine or butterine or any similar sub-
stance, free from coloration or ingredients that cause it to look like butter, andin a
separate and distinct form, and in such manner as will advise the consumer of its
real character, if the person, firm or corporate body who shall manufacture, sell or
offer, or expose for sale, or have in his, her or their possession, with intent to sell,
any of the said substances, shall first obtain a license, and pay a license fee, as herein-
after provided, and shall in all other respects comply with the provisions of this act.
2. Placards and labels for oleomargarine. It shall be unlawful for any person, firm
or corporate body to sell or offer, or expose for sale, or have in possession with intent
to sell, oleomargarine, butterine or any similar substance, not marked and distin-
guished on the outside of each tub, package or parcel thereof, in a conspicuous place,
by a placard with the word ‘‘oleomargarine”’ or ‘‘butterine,’’ and not having also
upon every open tub, package or parcel thereof, in a conspicuous place, a placard
with the word ‘‘oleomargarine’’ or ‘‘butterine,’’ such placard in each case to be
printed in plain, uncondensed gothic letters, not less than one inch long, and such
placard shall not contain any other words thereon, and every print or roll shall be
wrapped in wrappers plainly stamped on the outside thereof with the words ‘‘oleo-
margarine’’ or ‘‘butterine,’’ and where oleomargarine or butterine or other similar
product is sold from solid packages, before being delivered to the purchaser it shall
be wrapped by the seller thereof in a wrapper plainly stamped on the outside thereof
‘‘oleomargarine’’ or ‘‘butterine,’’ and said wrapper shall contain no other words.
3. License for sale of oleomargarine; display of same; expiration; definitions. Every
person, firm or corporate body, and every agent of such person, firm or corporate
body, who shall manufacture, sell or offer, or expose for sale, or have in his, her
or their possession with intent to sell, oleomargarine, butterine or any similar sub-
stance, shall first obtain from the Department of Agriculture through its agent,
the Dairy and Food Commissioner,'a license authorizing him, her or them to
engage in the manufacture or sale of oleomargarine or butterine or similar sub-
stance, for which said license he, she or they shall pay, if a manufacturer, the
annual sum of one thousand dollars; if a wholesaler, the annual sum of five hun-
dred dollars; and if a retailer, the annual sum of one hundred dollars; if a res-
taurant keeper, or a hotel proprietor, the annual sum of fifty dollars; and if a board-
ing-house keeper, the annual sum of ten dollars; and the said license fee when
received by the Dairy and Food Commissioner or his agent shall be by him imme-
diately covered into the State Treasury. And after obtaining the license required
by this section, before any person, firm or corporate body shall manufacture, sell or
offer, or expose for sale, or have in his, her or their possession with intent to sell,
oleomargarine or butterine or any similar substance, he, she or they shall be required
to procure from the Department of Agriculture, through the Dairy and Food Com-
missioner, a sign or signs, as the Dairy and Food Commissioner shall determine,
which in size and lettering shall be as the Dairy and Food Commissioner shall direct,
and shall be uniform throughout the Commonwealth, clearly setting forth that he,
she or they are engaged in the manufacture or sale of oleomargarine or butterine or
any other similar substance, as the case may be which said sign or signs, when pro-
cured, shall be hung up in a conspicuous place or places on the walls of the rooms or
store in which the oleomargarine or butterine or other similar substance is manufac-
tured or sold: Provided, That peddlers and others who may have obtained a license
as herein required, and who shall sell, offer or expose for sale, or have in their pos-

$e ee ee ——{V—_————————_,—__ — ———$__—__—.

«So in Statutes.





PENNSYLVANIA. 525

session with the intent to sell, oleomargarine or butterine or any similar sub-
_ stance, upon the public streets or ways, may sell or offer or expose for sale, or have in
their possession with intent to sell, the same, if the cart, wagon or vehicle, or recep-
tacle in which the oleomargarine or butterine or other substance is contained, is
marked or placarded on two sides of the exterior of said vehicle or receptacle in
uncondensed gothic letters, not less than four inches in length, with the words
‘* Licensed to sell oleomargarine’”’ or ‘‘ Licensed to sell butterine,’’ and if they shall
in all other respects comply with the provisions of this act. All licenses under this
act shall expire on the thirty-first day of December of each year; but licenses may
be granted the first of any month for the remainder of a year, upon the payment of
a proportionate part of an annual license fee. Wholesale dealers within the meaning
of this act, shall be all persons, firms, and corporate bodies who shall sell to dealers,
and persons who shall buy to sell again, and all persons, firms and corporate bodies
who make sales in quantities of ten pounds and over at any time; and retail dealers
shall be all persons, firms and corporate bodies who shall sell in quantities less than
ten pounds.

4. Penalties. Every person, firm, or corporate body who shall manufacture, sell or
offer, or expose for sale, or have in his, her or their possession with intent to sell,
oleomargarine or butterine or any similar substance, in violation of any@ the provi-
sions of this act, or who shall in any other respect violate any of its provisions shall
for every such offense forfeit and pay the sum of one hundred dollars, which shall
be recoverable, with the costs, including the expense of inspection and analysis, by
any person suing in the name of the Commonwealth, as debts of like amount are by
law recoverable; and justices of the peace and aldermen throughout this Common-
wealth shall haye jurisdiction to hear and determine all actions for recovery of pen-
alties, with the right of appeal in either party to the court of common pleas, as pro-
vided in existing laws in suits for penalties; and all penalties and costs imposed and
recovered under the provisions of this act shall be paid to the Dairy and Food Com-
missioner or his agent, and by him immediately covered into the State Treasury.
Any person, firm or corporation who shall manufacture, sell, or offer or expose for
sale, or have in his, her or their possession with the intent to sell, oleomargarine or
butterine or any other similar substance, in violation of any of the provisions of this
act, or who shall in any other respect violate any of its provisions, shall also be
guilty of a misdemeanor, and upon conviction thereof shall be punished for the first
offense by a fine of not less than one hundred dollars nor more than five hundred
dollars, and upon his conviction for any subsequent offense shall be punished by a
fine not less than one hundred and fifty dollars nor more than five hundred dollars,
or by imprisonment in the county jail for not less than ten days nor more than sixty
days, or by both fine and imprisonment, at the discretion of the court; and all fines
imposed upon any person after conviction shall be paid to the Dairy and Food Com-
missioner or his agent, and by him paid into the State Treasury.

5. Enforcement. The Dairy and Food Commissioner shall be charged with enforce-
ment of all the provisions of this act, and shall have the same power to enforce its
provisions as is given him to enforce the provisions of the act by which he receives
his appointment.

6. Fund for enforcement. The moneys paid into the Treasury under the provisions
of this act shall constitute a special fund for the use of the Department of Agricul-
ture in enforcing this law, and may be drawn out upon warrants signed by the Sec-
retary of Agriculture and approved by the Auditor General.

7. Repeal. All acts or parts of acts inconsistent with this act are hereby repealed,
but the repeal of said acts is not in any way to interfere with or prevent the prose-



«So in Statutes.



526 FOODS AND FOOD CONTROL.

cution to final termination of any actions, civil or criminal, now pending for viola-
tions of said acts.

Law of May 5, 1899; Brightly’s Digest of Laws, 1893-1903, pp. 687-689.

6. (1) Adulterated or diluted milk. Whoever by himself or by his servant or
agent, or as the servant or agent of any person, sells, exchanges or delivers, or has
in his custody or possession, with intent to sell or exchange or dispense, or offers for
sale, as pure milk, any milk from which the cream or any part thereof has been
removed, or which has been adulterated or changed in any respect by the addition
of water or other substance, shall be liable to the penalties hereinafter provided.

4. (2) Skimmed milk must be labeled. No dealer in milk, or agent of such dealer,
shall sell, exchange or deliver, or have in his custody or possession, with intent to
sell, exchange or deliver, milk from which the cream or any part thereof has been
removed, unless in a conspicuous place, above the center, on the outside of each
vessel, can or package from and in which such milk is sold, conveyed or delivered
the words ‘‘skimmed milk”’ are permanently soldered, in metallic letters, not less
than one inch in height: Provided, That in case of the delivery of skimmed milk in
glass bottles, the words ‘‘skimmed milk”’ shall be blown in the bottle, in letters of
not less than one inch in height.

8. (3) Standard for skimmed milk. No person shall sell, exchange or deliver, or
have in his custody or possession with intent to sell, exchange or deliver, skimmed
milk containing less than eight per centum of the milk solids, exclusive of butter fat.

9. (4) Care of milch cows. Every person who shall sell or offer for sale, or who
shall transport or carry for the purpose of sale, or shall have in his possession with
intent to sell, any impure, adulterated or unwholesome milk, and every person who
shall adulterate milk, or who shall keep cows, for the production of milk, in a
crowded or unhealthy condition, or feed the same on food that produces impure,
diseased or unwholesome milk, or who shall feed cows on distillery waste, usually
called ‘‘swill,’’ or upon any substance of an unwholesome nature, or who shall not
allow his cows free movement in the open air, at pasture (weather permitting), at
least four hours each day, shall be liable to the penalties provided.

10. (5) Adulterations and unwholesome conditions specified. The addition of water,
ice or any other substance or thing is hereby declared an adulteration; and milk
that is obtained from animals that are fed on distillery waste, usually called ‘‘swill,”’
or upon any substance in a state of decomposition, or upon any substance of an
unwholesome nature, or milk that has been exposed to or adulterated by the ema-
nations, discharges or exhalations from persons or animals having any contagious
diseases, by which the health or life of any person may be endangered, or milk from
tuberculous cows, or cows suffering from any febrile disease, is hereby declared to be
impure and unwholesome.

11. (6) Standard for milk. No person shall sell, exchange, or deliver, or transport,
or have in his, her or their possession for the purpose of sale of, any milk which con-
tains more than eighty-eight per centum of water, and less fat than three per centum,
and the specific gravity of which, at sixty degrees Fahrenheit, is not between one and
twenty-nine thousandths and one and thirty-three thousandths; and all milk of lower
grade or quality than is established by this section shall be deemed and taken and is
hereby declared to be adulterated and impure within the meaning of this act.

12. (7) Diseased cows; examinations and certificates. On and after the passage of
this act, for all milk brought into, or offered for sale in, the cities of the second class,
satisfactory evidence shall be furnished to the bureau of health by the producers or
dealers that said milk has been produced by healthy cows, and especially that they
are free from tuberculosis, which conditions of health shall be determined by exami-
nations and tuberculin tests to be made by the veterinarian who may be employed








i PENNSYLVANIA. 527

yy the proper authorities of the city. After examinations have been made, the vet-
rinarian shall place upon each animal found by him to be in a healthy condition
an ear tag, to be furnished by the bureau of health, and also furnish to said bureau
a certificate setting forth that each of said animals is free from disease, is being prop-
erly fed, and that the premises occupied by them are in good sanitary condition.
‘Subsequent examinations, tests and certificates, as aforesaid, may be required by the
superintendent, whenever in his opinion, based upon reliable information, any of
said animals are in an unhealthy condition, or the premises occupied by them are in
an unsanitary state; and the superintendent, his officers, agents and experts shall at
all times have full and free access to any place or places where such animals are
kept, for the purposes aforesaid, where such animals and the milk therefrom are
kept, whether such places be within or beyond the limits of such cities, and any per-
son impeding such access shall be guilty of a violation of this act.

13. (8) Licenses for milk wagons; records. The Superintendent of the Bureau of
Health shall, on or before the first day of September of each year, license all persons
who convey milk in wagons, or otherwise, for the purpose of selling the same within
the cities to which this act applies, said license to be renewed annually. He shall
also keep a record of the names, residences, places of business, number of wagons
or other vehicles used for the purpose, the name and residence of every driver or
other person engaged in carrying or selling milk and the number of the license. The
latter shall be legibly printed, together with the name of the owner, on each outer
side of all wagons or vehicle used in conveyance or sale of milk, in letters not less
than four inches in height. He shall also license and register every person selling
or offering milk for sale in a store, stand or market place within the city, which
license shall be displayed conspicuously in said place of business. The dealer or
vender shall, upon order of the superintendent of the bureau of health, pay into the
city treasury the sum of one dollar, and receive therefor a receipt, presentation of
which at the office of the bureau of health shall entitle him to license: Provided,
That all the provisions and requirements of section seven of this act have been com-
plied with.

14. (9) Penalty. Any person who shall engage in or continue the sale of milk in
said city without first having obtained such license, or who shall violate any of the
provisions of this act, shall be liable toa penalty of not less than ten dollars or more
than twenty-five dollars for the first offense, and a penalty of not less than twenty-
five dollars nor more than fifty dollars for the second offense, and for each offense
thereafter not less than fifty dollars nor more than one hundred dollars. All fines
and penalties imposed by this act shall be recoverable by summary proceedings
before any alderman or police magistrate in any of said cities, and all suits or actions

_at law instituted for the recovery thereof shall be in the name and for the use of the
city within or against which the offense is committed; and upon recovery thereof,
all such fines and penalties shall be paid to the city treasurer thereof. In default of
the payment of any fine or penalty imposed by any alderman or police magistrate,
under the provisions of this act, the person or persons so offending may be committed
to the jail, workhouse or other penal institution of the county in which said city is
situated, for a period not exceeding thirty days.

15. (10) Repeal. All acts or parts of acts inconsistent herewith be and the same
are hereby repealed.

Approved May 16, 1901. Laws 1901, Act 164, pp. 221-224; Brightly’s Digest of
Laws, 1893-1908, pp. 440-441.

8. (1) License necessary for imitation butter trade; coloring; labeling, etc. No person,
firm or corporation shall, by himself, herself or themselves, or by his, her or their
agent or servant, nor shall any officer, agent, servant or employe of any person, firm



528 FOODS AND FOOD CONTROL.




or corporation, manufacture, sell, ship, consign, offer for sale, expose for sale, o
have in possession with intent to sell, oleomargarine, butterine, or any simila
substance, article, product or compound, made wholly or partly out of any fats, oils
or oleaginous substance, or compound thereof, not produced from pure unadulterated
milk, or cream from the same, without the admixture or addition of any fat foreign
to the said milk or cream, and which shall be in imitation of yellow butter, pro-
duced from pure, unadulterated milk, or cream of the same, with or without coloring
matter, unless such person, firm or corporation shall have first obtained a license
and paid a license fee, as hereinafter provided; nor unless the said article, product
or compound, so manufactured, shipped, consigned, offered for sale, exposed for
sale, or had in possession with intent to sell, shall be made and kept free from all
coloration or ingredients causing it to look like yellow butter; nor unless the same
shall be kept and presented in a separate and distinct form, and in such manner as —
will advise the purchaser and consumer of its real character; nor unless such per-
son, firm or corporation shall in all other respects comply with and observe the pro-
visions of this act.

9. (2) Application for license; fees; wholesale dealers. Every person, firm or corpo-
ration, and every agent of such person, firm or corporation, desiring to manufacture,
sell or offer, or expose for sale, or have in possession with intent to sell, oleomarga-
rine, butterine, or any similar substance, not made or colored in imitation of yellow
butter, shall make application for a license so to do, in such form as shall be pre-
scribed by the Department of Agriculture through its agent, the Dairy and Food
Commissioner; which application, in addition to other matters which may be required
to be stated therein by said Dairy and Food Commissioner, shall contain an accurate
description of the place where the proposed business is intended to be carried on,
and the name and style under which it is proposed to conduct the said business. If
the said application is satisfactory to the said Dairy and Food Commissioner, and
said name and style shall not, in the judgment of the Dairy and Food Commissioner,
be calculated to deceive or mislead the public as to the real nature of the business so
proposed to be carried on, he shall issue to the applicant or applicants a license,
authorizing him, her or them to engage in the manufacture or sale of oleomargarine,
or butterine, or any similar substance, which shall not contain any coloration or
ingredient that causes it to resemble or be in imitation of yellow butter; for which
said license the applicant or applicants shall first pay: if a manufacturer, the annual
sum of one thousand dollars; if a wholesaler, the annual sum of five hundred dol-
lars; and if a retailer, the annual sum of one hundred dollars; if a proprietor of a
hotel, restaurant or dining-room, the annual sum of fifty dollars; and if a proprietor
of a boarding-house, the annual sum of ten dollars; and the said license fee, when
received by the Dairy and Food Commissioner or his agent, shall be by him immedi-
ately covered into the State Treasury. Such license shall not authorize the manu-
facture or sale, exposing for sale, or haying in possession with intent to sell, oleomar-
garine, butterine or any similar substance, at any other place than that designated
in the application and license; and the said license shall not authorize the manufac-
ture, sale, exposing for sale, or haying in possession with intent to sell, any oleomar-
garine, butterine or any similar substance, made or colored so as to resemble or be
in imitation of yellow butter.

10. Duration of licenses. All licenses under this act shall expire on the thirty-first
day of December of each year, but licenses may be granted to commence on the first
day of any month for the remainder of a year, upon the payment of a proportionate
part of the annual license fee; such licenses may be transferred by the Dairy and
Food Commissioner upon the application in writing of the person, firm or corporation
to which the same has been granted: Provided, The transferee shall comply with the
regulations made by the said Dairy and Food Commissioner in regard to the said
transfer, and shall thereafter comply with the provisions of this act.














PENNSYLVANTA. 529

11. Wholesale and retail dealers defined. Wholesale dealers, within the meaning of
this act, shall be all persons, firms and corporations who shall sell to dealers, and
‘persons who shall buy to sell again, and all persons, firms and corporations who
‘make sales in quantities of ten pounds and over, at any time; and retail dealers
‘shall be all persons, firms and corporations who shall sell in quantities less than ten

‘pounds. ;

12. (3) Display of license; signs, and placards. After obtaining the license required

by this act, the person, firm or corporation obtaining the same shall, beiore begin-

ning any business under the said license, hang up and display, in a conspicuous
place, on the walls of the room or store in which the olemargarine, butterine or
) oe similar substance is manufactured, sold or exposed for sale, the license so
obtained as aforesaid; and shall also procure from the Department of Agriculture,
through the Dairy and Food Commissioner, a sign or signs, which in number, size
and lettering shall be as the Dairy and Food Commissioner shall direct, and which
shall be uniform throughout the Commonwealth, clearly setting forth that he, she ~
or they are engaged in the manufacture or sale of oleomargarine; which said sign or

signs, when procured, shall be hung up in a conspicuous place or places on the walls
of every room or store in which the oleomargarine, butterine or other similar sub-
stance is manufactured or sold. And in addition to such sign or signs, so hung up
as aforesaid, every proprietor of a hotel, restaurant, dining-room or boarding-house,
shall also have conspicuously placed, upon every counter or table at which food,

‘meals or refreshments are served to customers a placard plainly printed, in letters

not less than one-half inch in length, stating that oleomargarine is used and served
to customers.

— 18. (4) Oleomargarine placards. Itshall be unlawful for any person, firm or corpo-
ration, or any agent thereof, to sell, or offer or expose for sale, or have in possession
with intent to sell, any oleomargarine, butterine or similar substance, not in imita-
tion of yellow butter, which is not marked and distinguished, on the outside of each
tub, package or parcel thereof, in a conspicuous place, by a placard with the word
“OLEOMARGARINE”’ printed thereon; such placard to be placed in a conspic-
uous position, in full view of the purchaser, and the said word ‘““OLEOMARGA-
RINE” on such placard shall be printed in plain, uncondensed, Gothic letters, not
less than one inch long, and such placard shall not contain any other words thereon.
And there shall also be displayed upon every open tub, package or parcel containing
such oleomargarine, butterine or similar substance, not in imitation of yellow butter,
in the same manner, in a conspicuous position, a placard with the word ‘‘OLEO-
MARGARINE” printed thereon, in the same form as above described in this sec-
tion; and when oleomargarine, butterine or other similar substance, not in imitation
of yellow butter, is sold from tub or package, or otherwise, at retail, in print, roll
or other form, before being delivered to the purchaser it shall be wrapped in
wrappers, plainly stamped on the outside thereof with the word ‘‘ OLEOMARGA-
RINE,” printed or stamped thereon in letters one-fourth inch square; and said
wrapper shall also contain the name and address of the seller and the quantity sold,
and no other words thereon, and the said word ‘‘OLEOMARGARINE,”’ so stamped
or printed on the said wrapper, shall not be in any manner concealed, but shall be
in plain view of the purchaser at the time of purchase.

14. (5) Records of oleomargarine sales. Every licensed manufacturer of oleomarga-
rine, butterine or other similar product, not in imitation of yellow butter, and every
licensed wholesale dealer therein, shall keep a book in which shall be entered accu-
rately every sale and shipment of oleomargarine, butterine or other similar substance,
not in imitation of yellow butter; giving the date of sale and shipment, the quantity,
the person to whom sold and shipped, the place to which shipped, and the name of
the transportation line by which shipped; which book shall always be open to the
examination of the Dairy and Food Commissioner, his agents, attorneys and repre-
sentatives.



530 FOODS AND FOOD CONTROL.















15. Records of dealers in oleomargarine. Every licensed retail dealer in ol
margarine, butterine or similar substance, not in imitation of yellow butter, sh
keep an accurate account, in a book open to the examination of the Dairy and Fo
Commissioner, his agents, attorneys and representatives, in which shall be enter
the date of the receipt of all purchases of oleomargarine, butterine or any simil
substange, made by such retail dealer; stating therein where, when and from who
purchased, and the quantity; and the said books, so to be kept by manufacturers
wholesale and retail dealers, shall be in such form as the Dairy and Food Commi
sioner shall direct.

16. (6) Penalties; jurisdiction; costs. Every person, firm or corporation, and every
officer, agent, servant and employe of such person, firm or corporation, who shall
manufacture, sell or offer, or expose for sale, or have in possession with intent to sell,
oleomargarine, butterine or any similar substance, in violation of any of the pro-
visions of this act; or who shall sell oleomargarine, butterine, or any similar sub-
stance, as or for butter; or who shall fail to keep a book, in accordance with the las
preceding section; or who shall, in any other respect, violate any of the provisions
of this act, shall for every such offense forfeit and pay the sum of one hundre
dollars, which shall be recoverable, with the costs, including the expense of analysis,
by any person suing in the name of the Commonwealth, as debts of like amount are
by law recoverable; and justices of the peace and aldermen throughout this Com-
monwealth shall have jurisdiction to hear and determine all actions for recovery of
said penalties, with the right to either party to appeal to the court of common pleas,
as provided in existing laws in suits for penalties. And all penalties and cos
imposed and recovered under the provisions of this act shall be paid to the Dairy
and Food Commissioner, or his agents, and by him immediately covered into the
State Treasury, to be paid out and used as hereinafter provided.

17. (7) Additional penalties. In addition to the above penalty, every person, firm
or corporation, and every officer, agent, servant or employe of such person, firm or
corporation, who violates any of the provisions of this act shall also be guilty of a
misdemeanor; and upon conviction thereof, shall be punished for the first offense by
a fine of not less than one hundred dollars, nor more than five hundred dollars, or
by imprisonment in the county jail for not more than three months, or both, at the
discretion of the court; and upon conviction of any subsequent offense, shall be
punished by a fine of not less than five hundred dollars, nor more than one thousand
dollars, and by imprisonment in the county jail for not less than six months nor
more than twelve months.

18. (8) Evidence of granting of license. In any proceeding under this act, either for
the collection of a penalty or a prosecution for a misdemeanor, the certificate of the
Dairy and Food Commissioner and the Secretary of Agriculture, under the seal of
the Department of Agriculture, shall be accepted by justices of the peace, aldermen, |
and court of record, as evidence of the granting of licenses to manufacture or sell
oleomargarine or butterine, or of the fact that no such license has been granted to |
any particular person, firm or corporation.

19. (9) Restraining order while trial is pending. Whenever a suit for the collection
of a penalty, under the provisions of this act, shall be appealed to any court of
record, or whenever any prosecution for a misdemeanor on account of any violation
of the provisions of this act has been returned to any court of quarter sessions, it
shall be lawful for the Dairy and Food Commissioner, his agent or attormeys, in
case the person or persons who have been sued for such penalty, or prosecuted for
such misdemeanor, have since the commencement of such suit or prosecution again
violated any of the provisions of this act, to apply to the court, having jurisdiction
of such appeal or of such prosecution, or to any law judge thereof, by petition, set-
ting forth the facts, and asking the said court to make an order commanding and
restraining the person or persons, so sued or prosecuted as aforesaid, from further



PENNSYLVANIA. 531




violating any of the provisions of this act until such time as the said suit for penalty
or the said prosecution shall have been finally decided and determined; and there-
upon the said court, or any law judge thereof, after such notice to such person or
ersons, so sued or prosecuted as aforesaid, as to the said court or judge may appear
proper, and after inquiring inte the facts alleged in said petition, shall, if satisfied
that any violation of the provisions of this act has been committed by such person
or persons since the commencement of said suit or prosecution, make an order com-
manding and restraining the said person or persons from any further violation of the
provisions of this act until such time as the said suit or prosecution shall have been
finally decided and determined; and in case, upon the final determination of said
suit or prosecution, it shall appear that the said person or persons had incurred the
liability to payment of the penalty for which suit had been so brought, or has been
duly convicted of a misdemeanor in the prosecution so commenced as aforesaid, the
said court or law judge thereof shall make the aforesaid order, restraining the said
persoa or persons from the further violation of the provisions of this act, continuing
and permanent; and any violation by any person or persons of any such restraining
order of such court or judge, whether the said restraining order shall be made during
the pendency of a suit for penalty or of a prosecution as above stated, or after the
final determination of such suit or prosecution in the manner aforesaid, shall be
punishable as a contempt of the court so making the said order; and the said court
is hereby authorized to take such steps for the punishment of such contempt as may
by law be now taken for disregarding any injunction or other order of the courts of
common pleas of this Commonwealth, sitting in equity and exercising equity juris-
diction. No security shall be required on the part of the petitioner for such restrain-
ing order, and the costs of the application and subsequent proceedings thereon shall
be in the discretion of the court.

20. (10) Report of violations of law; prosecutions. It shall be the duty of every
constable in any city, borough, ward or township of this Commonwealth, having
knowledge of any violation of this act, or whenever requested so to do by the Dairy
and Food Commissioner, his agent, or attorney, or by any citizen of this Common-
wealth, to make report to the court of quarter sessions of the proper county, as part
of his quarterly report and return to said court, of the name of every person, firm or
corporation known by him to have violated any of the provisions of this act, or
alleged by the person so giving notice as aforesaid to said constable to have violated
any of the provisions of this act, and of the names of all witnesses furnished to said
constable, whose testimony it is alleged will sustain or prove the fact of such viola-
tion; and it shall be the duty of the judge of the said courts to make inquiry of
all constables, at the time of the making of their quarterly returns to the court of
‘quarter sessions, as to whether they have knowledge, and whether notice has been
given to them, respectfully, of any violation of this act, in accordance with the terms
of this section; and whenever such quarterly reports shall contain the name of any
person alleged to have violated the provisions of this act, together with the names of
witnesses to prove such violations, as also the name of the person giving notice to
the constable as aforesaid, the said court shall direct the district attorney to prepare
an indictment against every person so named, and call and send the witnesses, whose
names have been so returned, before the grand jury then sitting, in support of the
said indictment; and if a true bill shall be returned by the grand jury, thereupon to
issue a summary process to bring in the person so charged to answer the matters
alleged in such prosecution, and thereupon proceed to trial as speedily as possible,
according to the course of practice in the said court of quarter sessions.

21. (11) Prosecutions instigated by citizens; collaboration of dairy and food commis-
sioner. The Dairy and Food Commissioner shall be charged with the enforcement
ofall the provisions of this act; but any citizen of the Commonwealth, having knowl-
edge or information of the violation of any of the provisions of this act, may, in the










4



52 FOODS AND FOOD CONTROL.




name of the Commonwealth, begin asuit for penalty or prosecution for misdemeanor,
in accordance with the provisions of this act, and may prosecute to final judgment
any such suit or prosecution, giving notice in writing, however, to the Dairy and_
- Food Commissioner of the commencement of such suit or prosecution, immediately —
upon the commencement of the same, stating the nature of the proceeding and the ~
magistrate before whom commenced; and shall, in like manner, report to the Dairy —
and Food Commissioner each successive step taken in such suit or prosecution; and —
such citizen shall, upon complying with the provisions of this section, be entitled to
receive one-half of any penalty or fine which may be recovered in such proceeding —
and paid to the Dairy and Food Commissioner; and immediately upon the receipt —
and covering into the treasury of any such penalty or fine, recovered and paid in
any proceeding commenced by a citizen as aforesaid, the Dairy and Food Commis-
sioner shall pay the one-half thereof to the said citizen, so commencing said pro- —
ceeding and complying with the provisions of this section. Such citizen shall also
be entitled to recover from the defendant his witness fees and other legal costs as
fixed by law, in said proceeding.
22. (12) Disposition of fines, etc. The money paid into the Treasury under the pro-
visions of this act shall constitute a special fund, for the use of the Department of
|
:

tae

Agriculture in enforcing this law; and may be drawn out upon warrants signed by
the Secretary of Agriculture and approved by the Auditor General, subject, how-
ever, to the payment to any citizen commencing and successfully prosecuting a pro-
ceeding for any violation of this act, under the last preceding section, of one-half of
the penalty or fine so recovered in such proceeding and paid into the State Treasury. —

23. (13) Inspection and sampling. The Dairy and Food Commissioner, his assist-
ants, agents, experts, chemists, detectives and counsel, duly appointed by him for
the purpose, shall have full access, egress and ingress to all places of business, fac-
tories, farms, buildings, carriages, cars, vessels and cans, used in the manufacture,
transportation and sale of any dairy products, or of any adulteration or imitation
thereof; and shall also have power and authority to open any package, can or vessel
containing, or which may be supposed to contain, oleomargarine, butterine or other
similar substance, or any adulteration or imitation of butter, which may be manu- |
factured, sold or exposed for sale in violation of any of the provisions of this act, or |
of any act which may be hereafter enacted in relation to butter or the adulteration
or imitation thereof; and they shall also have power to take from such package, can —
or vessel samples for analysis, upon paying or tendering the value of such samples.

24. (14) Bulletin of dairy and food commissioner. The Dairy and Food Commis-
sioner shall publish a semi-annual bulletin, and distribute the same in the same
manner as other bulletins of the Department of Agriculture are published and dis-
tributed; which semi-annual bulletin shall contain the name and address of every
person, firm or corporation to whom a.license has been issued for the manufacture
or sale of oleomargarine, butterine or other similar substance; and, also, a tabulated
statement of all the actions, civil or criminal, which have been brought for the
violations of this act, giving the name and address of the defendant, and the dispo-
sition of every such case.

25. (15) Repeal. All acts or parts of acts inconsistant with this act are hereby
repealed; but the repeal of said acts shall not in any way interfere with, or prevent
the prosecution to final termination of, any actions, civil or criminal, now pending
or which may hereafter be commenced, for any violation of said acts which has
already been committed.

Approved May 29, 1901. Laws, 1901, act 208, pp. 327-335; Brightly’s Digest of
Laws, 1893-1903, pp. 689-693.

80. (1) ‘‘ Boiled’’ or ‘process’? butter defined. For the purposes of this act certain
food products, usually known as ‘‘ boiled’’ or “‘ process’? butter, produced by taking





PENNSYLVANIA. 533

original packing stock and other butter and melting the same so that the butter oil
can be drawn off, mixed with milk or skimmed milk or other material, and by
emulsion or other process produce butter, and butter produced by any similar pro-
cess, and commonly known as ‘‘boiled”’ or “‘ process’’ butter; and which ‘“‘boiled”’
or ‘‘process’’ butter for the purpose of this act shall be known and designated as
“renovated butter.’’

31. (2) License for trade in ‘‘ renovated butter;’’ fees; display of signs and license.
Every person, firm or corporation, and every agent of such person, firm or corpo-
ration, who shall desire to engage in the business of manufacturing or selling ‘‘reno-
vated butter,’ shall first make application to the Department of Agriculture for a
license, authorizing him, her or them to engage in the manufacture or sale of ‘‘ ren-
ovated butter,’? and such application for license shall be in such form as shall be
prescribed by the Department of Agriculture through its agent, the Dairy and Food
Commissioner; which application, in addition to other matters which may be
required to be stated therein by the said Dairy and Food Commissioner, shall con-
tain an accurate description of the place where the proposed business is intended to
be carried on, and the name and style under which it is proposed to conduct the
said business, which name and style shall not, in the judgment of the Dairy and
Food Commissioner, be calculated to deceive or mislead the public as to the real
nature of the business so proposed to be carried on; and if the said application is
satisfactory to the said Dairy and Food Commissioner, he shall issue to the applicant
or applicants a license, authorizing him, her or them to engage in the manufac-
ture or sale of ‘‘Renovated Butter,’’ for which said license the applicant or appli-
cants shall first pay, annually, the following sum: if a manufacturer, the annual
sum of one thousand ($1,000) dollars; if a wholesale dealer, the annual sum of
five hundred ($500) dollars; if a retailer, the annual sum of one hundred ($100)
dollars; if a restaurant keeper or dining-room proprietor, or a hotel proprietor, the
annual sum of fifty ($50) dollars; if a boarding house keeper, the annual sum of ten ($10)
dollars; and the said license fees, when received by the said Dairy and Food Com-
missioner or his agent, shall be by him immediately paid into the State Treasury.
All licenses under this act shall expire the thirty-first day of December of each year,
but licenses may be granted to begin on the first of any month, for the remainder
of a year, upon the payment of a proportionate part of the annual license fee.

32. Wholesale dealer defined. Wholesale dealers, within the meaning of this act,
shall be all persons, firms or corporations who shall sell to dealers, and persons who
shall buy to sell again, and all persons, firms and corporations who make sales in
quantities of ten pounds and over at any time. Anagent of a manufacturer located
outside of the State, and taking orders within this State for such ‘‘ Renovated But-
ter,’’ to be delivered from the factory or from a storage house, or from one place of
business to another within this State, shall be, within the meaning of this act, a
wholesale dealer.

33. Retail dealer; defined. And retail dealers shall be all persons, firms or corpo-
rations who sell in quantities of less than ten pounds. Every restaurant keeper or
dining-room proprietor or hotel proprietor or boarding house keeper, who furnishes
“Renovated Butter’’ as part of the meal served to customers or guests, shall be
regarded as a dealer in ‘‘ Renovated Butter.’’

$4. Transfer of license. Such license may be transferred by the Dairy and Food
Commissioner, upon the application in writing of the person, firm or corporation to
which the same has been granted, provided the transferree shall comply with the
provisions of this act, and with the regulations made by the said Dairy and Food
Commissioner in regard to said transfer. Such license shall not authorize the man-
ufacture or sale, exposing for sale or haying in possession with intent to sell,
‘Renovated Butter’’ at any place other than that designated in the application and
license. The license, procured as aforesaid, shall be hung up in a conspicuous place,



534 FOODS AND FOOD CONTROL.

in the place of business, room or store where such ‘‘ Renovated Butter’? is author-
ized to be sold.

35. (3) Sale of renovated butter on the street. That no person, firm or corporation
shall sell or offer or expose for sale, or have in his, her or their possession with
intent to sell, any ‘‘ Renovated Butter’’ from a wagon or other vehicle, or upon the
public streets or roads, or from house to house.

36. (4) Signs and stencils. Every person, firm or corporation who shall obtain
a license for the manufacture or sale of ‘‘ Renovated Butter’’ shall also be required,
before engaging in such manufacturing or sale, to procure from the Dairy and Food
Commissioner a sign or signs, of such form, size and lettering as the Dairy and Food
Commissioner shall determine, and which shall be pniform@ throughout the Com-
monwealth; which said sign or signs shall clearly set forth that he, she or they are -
engaged in the manufacture or sale of ‘‘ Renovated Butter,’’ and which sign or signs
when procured shall be hung up in a conspicuous place or places, on the wall of each
room or store or place of business in which ‘‘ Renovated Butter’’ is manufactured or
sold; and in addition to such sign or signs, so hung up as aforesaid, every restaurant
keeper or dining-room proprietor, or hotel proprietor or boarding-house keeper, shall
also have conspicuously placed upon every counter or table, at which food, meals or
refreshments are served to customers, a placard, plainly printed in letters not less
than one-half inch in length, stating that ‘‘ Renovated Butter’”’ is used and served
to customers. Every person, firm or corporation who shall obtain a license as a
manufacturer or wholesale dealer, for the manufacture or sale of renovated butter,
shall also be required, before engaging in such manufacture or sale, to procure from
the Dairy and Food Commissioner a stencil, of such form, size and lettering as the
Dairy and Food Commissioner shall determine, and which shall be uniform through-
out the Commonwealth; which said stencil shall designate the number of the said
license, and the name and address of the holder thereof; which said stencil shall be
used by the manufacturer or wholesale dealer, and said stencil brand shall be placed
on each and every package, before being sold by the manufacturer or wholesale
dealer to the retailer. If any package of renovated butter shall be found in the pos-
session of any manufacturer or wholesale dealer or retail dealer, without the said
stencil brand being found thereon, such package shall be seized by the Dairy and
Food Commissioner or by any of his agents, and said package shall be forfeited, and
shall be sold by the Dairy and Food Commissioner or his agents, and the proceeds
thereof paid to the State Treasurer, for the use of the Department of Agriculture.

37. (5) Placards, wrappers, etc.,to be marked ‘‘ Renovated Butter.’’ It shall be unlaw-
ful for any person, firm or corporation, or any agent thereof, to sell, or offer or expose
for sale, or have in his, her or their possession with intent to sell, any ‘‘ Renovated
Butter,’’ not marked and distinguished on the outside of each tub, package or parcel
thereof, in a conspicuous place, by a placard with the words ‘‘ Renovated Butter;”’
and such placard shall be printed in plain, uncondensed gothic letters, not less than
one-half inch long, and such placard shall not contain any other words, printing or
device thereon; and also, upon every open tub, package or parcel, containing such
‘‘Renovated Butter,’’ there shall be displayed in the same manner, in a conspicuous
place, a placard with the words ‘‘ Renovated Butter’’ printed thereon, in the same
form,as above described in this section; and when ‘‘ Renovated Butter’’ is sold from
such package, or otherwise, at retail, in print, roll or other form, before being deliy-
ered to the purchaser it shall be wrapped in wrappers, plainly stamped on the out-
side thereof with the words ‘‘Renovated Butter,’’ printed or stamped thereon in
letters one-quarter of an inch square, and such wrapper shall contain no other words
or printing thereon; and the said words ‘‘ Renovated Butter,’’ so stamped or printed
on the said wrapped,@ shall not be in any manner concealed, but shall be in plain
view of the purchaser at time of purchase.

¢So in Statutes,



PENNSYLVANIA. 535



88. (6) Record of sales of renovated butter. Every person, firm or corporation who
shall have obtained a license, and be engaged in the business of manufacturer or
wholesale dealer in ‘‘ Renovated Butter,’’ shall keep a book, in which shall be
entered accurately every sale and shipment, the quantity and person to whom sold
and shipped, the place to which shipped and the name of the transportation line by
which shipped; which said book shall be always open to the inspection of the Dairy
and Food Commissioner, or his agents, attorneys and representatives. Every retail
dealer in ‘‘ Renovated Butter’’ shall keep an accurate account, in a book open to the
examination of the Dairy and Food Commissioner, or his agents, attorneys and
representatives, in which said book shall be entered the date of the receipt of all
purchases of ‘‘ Renovated Butter’’ made by such retail dealer, stating therein where
and from whom purchased, and the quantity so purchased.

39. (7) Penalties; costs, etc. very person, firm or corporation, and every agent
of such person, firm or corporation, who shall manufacture, sell or offer, or expose
for sale, or have in his, her or their possession with intent to sell, ‘‘ Renovated But-
ter,’’ in violation of the provisions of this act, or who shall in any other respects
violate any of the provisions of this act, shall for every offense forfeit and pay
the sum of one hundred ($100) dollars, which shall be recoverable with the
costs, including the expense of the inspection and analysis, by any person suing in
the name of the Commonwealth, as debts of like amount are by law, recoverable;
and justices of the peace and aldermen, throughout this Commonwealth, shall have
jurisdiction to hear and determine all actions for recovery of penalties for violations
of the provisions of this act, with the right of appeal in either party to the court of
common pleas, as provided in existing laws in suits for penalties; and all penalties
and costs, imposed and recovered under the provisions of this act, shall be paid to
the Dairy and Food Commissioner or his agents, and by him immediately covered
into the State Treasury to be paid out and used as hereinafter provided.

40. (8) Additional penalties. In addition to the above penalty, every person, firm
or corporation, and every agent of such person, firm or corporation, who violates
any of the provisions of this act shall be deemed guilty of a misdemeanor, and, upon
conviction, shall be punished for the first offense by a fine of not less than one hun-
dred ($100) dollars, nor more than three hundred ($300) dollars, or by imprison-
ment in the county jail for not more than thirty (30) days, or both, at the discretion
of the court; and for the second offense, by a fine of not less than three hundred
($300) dollars and not exceeding five hundred ($500) dollars, and imprisonment not
exceeding two (2) years.

41. (9) Proof of license for renovated butter trade. In any proceedings under this act,
either for the collection of a penalty or prosecution for a misdemeanor, the certificate
of the Dairy and Food Commissioner and the Secretary of Agriculture, under the
seal of the Department of Agriculture, shall be accepted by justices of the peace,
aldermen and courts of record as evidence of the granting of a license to manufac-
ture or sell ‘‘ Renovated Butter,’’ or of the fact that no such license has been granted
to any particular person, firm or corporation.

42. (10) Restraining order pending trial. Whenever a suit for the collection of a
penalty, under the provisions of this act, shall be appealed to any court of record, or
whenever any prosecution for a misdemeanor, on account of any violation of the
provisions of this act, has been returned to any court of quarter sessions, it shall be
lawful for the Dairy and Food Commissioner, his agents or attorneys, in case the
person or persons who have been sued for such penalty or prosecuted for such misde-
meanor haye, since the commencement of such suit or prosecution, again violated
any of the provisions of this act, to apply to the court having jurisdiction of such
appeal or of such prosecution, or to any law judge thereof, by petition setting forth
the facts, and asking the said court to make an order commanding and restraining

- 10945—No. 69, pt 6—06——6



536 FOODS AND FOOD CONTROL.

the person or persons, so sued or prosecuted as aforesaid, from further violating any
of the provisions of this act until such time as the said suit for penalty or the said
prosecution shall have been finally decided and determined; and thereupon the said
court, or any law judge thereof, after such notice to such person or persons, so sued
or prosecuted as aforesaid, as to the said court or judge may appear proper, and after
inquiring into the facts alleged in said petition, shall, if satisfied that any violation
of the provisions of this act has been committed by such person or persons since the
commencement of said suit or prosecution, make an order, commanding and restrain-
ing the said person or persons from any further violations of the provisions of this
act, until such time as the said suit or prosecution shall have been finally decided and

determined; and in case, upon the final determination of said suit or prosecution, it~

shall appear that the said person or persons had incurred the liability to payment of
the penalty for which said suit had been so brought, or has been duly convicted of a
misdemeanor in the prosecution so commenced as aforesaid, the said court or law
judge thereof shall make the aforesaid order, restraining the said person or persons
from the further violation of the provisions of this act, continuing and permanent;
and any violation by any person or persons of any restraining order of such court or
judge, whether the restraining order shall be made during the pendency of a suit for
penalty, or of a prosecution as above stated, or after the final determination of such
suit or proseeution in the manner aforesaid, shall be punishable as a contempt of the
court so making the said order. And the said court is hereby authorized to take such
steps for the punishment of such contempt as may by law be now taken for disre-
garding any injunction or other order of the courts of common pleas of this Com-
monwealth sitting in equity and exercising equity jurisdiction. No security shall be
required on the part of the petitioner for such restraining order, and the costs of the
application and subsequent proceedings thereon shall be in the discretion of the court.

43. (11) Reports of violations of law; prosecutions. It shall be the duty of every con-
stable in any city, borough, ward or township of this Commonwealth, having knowl-
edge of any violation of this act, or whenever requested so to do by the Dairy and
Food Commissioner, his agent or attorney, or by any citizen of this Commonwealth,
to make report to the court of quarter sessions of the proper county, as part of his
quarterly report and return to said court, of the name of every person, firm or corpo-
ration known by him to have violated any of the provisions of this act, or alleged by
the person, so giving notice as aforesaid to said constable, to have violated any of the
provisions of this act, and of the names of all witnesses, furnished to said constable,
whose testimony it is alleged will sustain or prove the fact of such violation. And
it shall be the duty of the judge of the said court to make inquiry of all constables,
at the time of the making of their quarterly returns to the court of quarter sessions,
as to whether they have knowledge, and whether notice has been given to them,
respectively, of any violation of this act, in accordance with the terms of this sec-
tion; and whenever such quarterly reports shall contain the name of any person
alleged to have violated the provisions of this act, together with the names of wit-
nesses to prove such violations, as also the name of the person giving notice to the
constable, as aforesaid, the said court shall direct the district attorney to prepare an
indictment against every person so named, and call and send the witnesses, whose
names have been so returned, before the grand jury then sitting, in support of the
said indictment; and if a true bill shall be returned by the grand jury, thereupon to
issue summary process to bring in the person so clrarged, to answer the matters
alleged in such indictment, and thereupon proceed to trial as speedily as possible,
according to the course of practice in the said court of quarter sessions.

44, (12) Prosecution instigated by citizen; collaboration of dairy and food commis-
sioner; fines, costs, etc. The Dairy and Food Commissioner shall be charged with the
enforcement of all the provisions of this act; but any citizen of the Commonwealth,

i ts



PENNSYLVANIA. 537

having knowledge or information of the violation of any of the provisions of this act,
may, in the name of the Commonwealth, begin a suit for penalty or prosecution for
misdemeanor, in accordance with the provisions of this act, and may prosecute to
final judgment any suit or prosecution, giving notice in writing, however, to the
Dairy and Food Commissioner of the commencement of such suit or prosecution
immediately upon the commencement of the same, stating the nature of the pro-
ceeding and the magistrate before whom commenced, and shall in like manner
report to the Dairy and Food Commissioner each successive step taken in such suit
or prosecution; and such citizen shall, upon complying with the provisions of this
section, be entitled to receive one-half of any penalty or fine which may be recovered
in such proceeding and paid to the Dairy and F ood Commissioner; and immediately
upon the receipt and covering into the treasury of any such vennlle or fine, recov-
ered and paid in any proceeding commenced by a citizen, as aforesaid, the Dairy and
Food Commissioner shall pay the one-half thereof to the said citizen, so commenc-
ing said proceeding and complying with the provisions of this section. Such citizen
shall also be entitled to recover from the defendant his witness fees and other legal
costs, as fixed by law, in said proceeding.

45. (13) Disposition of fines, etc. The money paid into the treasury under the pro-
visions of this act shall constitute a special fund, for the use of the Department of
Agriculture in enforcing this law, and may be drawn out upon warrants signed by
the Secretary of Agriculture and approved by the Auditor General; subject, however,
to the payment to any citizen commencing and successfully prosecuting a proceeding
for any violation of this act, under the last preceding section, of one-half of the penalty
or fine so recovered in such proceeding and paid into the State Treasury.

46. (14) Inspection and sampling. The Dairy and Food Commissioner, his assist-
ants, agents, experts, chemists, detectives and counsel, duly appointed by him for
the purpose, shall have full access, egress and ingress to all places of business, facto-
ries and farm buildings, carriages, cars, vessels and cans, used in the manufacture,
transportation and sale of any dairy products, or of any adulteration or imitation
thereof; and shall also have power and authority to open any package, can or vessel
containing, or which may be supposed to contain, renovated butter, which may be
manufactured, sold or exposed for sale in violation of any of the provisions of this
act; and they shall also have power to take from such package, can or vessel samples
for analysis, upon paying or tendering the value of such samples.

47. (15) Bulletin of dairy and food commissioner. The Dairy and Food Commis-
sioner shall publish a semiannual bulletin, and distribute the same in the same
manner as other bulletins of the Department of Agriculture are published and dis-
tributed; which semiannual bulletin shall contain the name and address of every
person, firm or corporation to whom a license has been issued for the manufacture
or sale of renovated butter, and also a tabulated statement of all the actions, civil or
criminal, which have been brought for the violations of this act; giving the name
and addréss of the defendant, and the disposition of every case.

48. (16) Repeal. All parts of the act approved the fourth day of May, Anno
Domini one thousand eight hundred and ninety-nine, entitled ‘‘An act to regulate
the sale of butter, produced by taking original packing stock and other butter and
melting the same so that the butter oil can be drawn off, mixed with skimmed milk
or other material, and by emulsion or other process produce butter, and butter pro-
duced by any similar process, and commonly known as ‘ Boiled’ or ‘ Process’ butter;
providing for the enforcement thereof, and punishment for the violation of the same,”’
inconsistent with this act, are hereby repealed.

Approved July 10, 1901. Laws, 1901, Act 327, p. 643; Brightly’s Digest of Laws,
1893-1903, pp. 695-699.



538 FOODS AND FOOD CONTROL.

Monthly report of Dairy and Food Commissioner to Secretary of Agriculture; publica-
tion. Resolved, By the House of Representatives (if the Senate concurs), That the
Dairy and Food Commissioner be and he is hereby directed to furnish monthly to
the Secretary of Agriculture a list of the oleomargarine and renovated butter licenses
issued, the results of analyses of food commodities examined by the chemists
employed by him, a complete list of all convictions, with the names and addresses
of defendants, together with reproductions of brands and labels of pure and adulter-
ated or illegal food products examined and reported upon by said chemists, and
that the Secretary of Agriculture be and is hereby directed to publish said list, in
addition to editorial matter, in a bulletin of the Department of Agriculture, which
shall be published monthly, containing the information mentioned herein, and, in
the quantity designated by the second section of the act of April 22, 1903, amending
the second and sixth sections of the act establishing the Department of Agriculture,
approved March 13, 1895.

Approved April 11, 1905. Laws of 1905, Resolution No. 31, p. 621.

FRUIT SYRUPS.

Sec. 1. Addition of preservatives, dyes, etc., a misdemeanor. Any person, firm, or
corporate body who shall, by himself, herself or themselves, or by his, her or their
agents or servants, manufacture, sell, ship, consign, offer for sale or expose for sale,
or have in possession with intent to sell, any fruit-syrup which contains formalde-
hyde, sulphurous acid or sulphites, boric acid or borates, salicylic acid or salicylates,
saccharine, dulecin, glucin, betanaphthol, abrastol, asaprol, fluorides, fluoborates, fluo-
silicates or other fluorine compounds; also any coal tar dyes, sulphate of copper, or
any other coloring matter injurious to health, or any preservatives or their com-
pounds injurious to health, shall be deemed guilty of a misdemeanor.

Sec. 2. Penalty. Every person, firm or corporation, and every officer, agent, serv-
ant or employe of such person, firm or corporation, who violates any of the pro-
visions of this act shall be deemed guilty of a misdemeanor, and, upon conviction
thereof in the court of quarter sessions of the proper county, shall be sentenced to
pay a fine of not less than sixty nor more than one hundred dollars, with the costs,
or to undergo an imprisonment not exceeding sixty days, or both, at the discretion
of the court.

Sec. 3. Enforcement of act by dairy and food commissioner. It shall be the duty of
the Dairy and Food Commissioner to enforce the provisions of this act, for which
purpose he shall have the same power which is given him to enforce the provisions
of the act authorizing his appointment.

Sec. 4. Disposition of fines. All penalties or fines which may be recovered in any
proceeding to enforce the provisions of this act shall be paid to the Dairy and Food
Commissioner, or his agent, and by him paid into the State Treasury for the use of
the Commonwealth.

Sec. 5. Repeal. The act, entitled ‘‘ An act relative to adulteration of natural fruit
juice, and providing penalties for violations thereof,’’ approved the second day of
May, Anno Domini one thousand nine hundred and one, be and the same is hereby
repealed.

Approved April 26, 1905. Laws of 1905, Act No. 217, pp. 311-312.
ICE. .

1. Defiling of ice; prosecution; penalty. Any person or persons who shall willfully
throw, place or cast upon the ice forming, formed or being upon any pond, stream,
river, creek or canal in this commonwealth, owned or leased in whole or in part for
the production of ice for sale, any timber, stone, earth or other substance, or enter

Oe nt

ia



:



PENNSYLVANIA. 539
upon, in anywise injure or defile the ice thereon forming, formed or being, such per-
son or persons shall be deemed guilty of a misdemeanor, and shall and may, upon
the information of any such owner, lessee, his agent or attorney, on conviction thereof
before any alderman or justice of the peace in the county where the offence is com-
mitted, be fined in a sum not less than five dollays or more than fifty, dollars, with
costs of suit; the fines to go to the school fund of the district in which the offence
was committed; and in default of payment of said fine, with costs of the suit, the
party convicted may and shall, by said alderman or justice of the peace, be committed
to the jail of the said county, for not less than twenty nor more than sixty days,
there to remain until discharged by due course of law: Provided, That in all cases
the person or persons complained against, may appeal from the decision of said alder-
man or magistrate, to the court of quarter sessions of said county, upon entering bail
as in all other misdemeanors, by recognizance in the usual manner, for his appear-
ance at said court, and said alderman or magistrate shall transmit said recognizance
forthwith to the district-attorney of said cgunty; and thereupon it shall be the duty
of the district-attorney of said county to prepare a bill of indictment for said offence
against said person or persons, and send the same before the grand jury of the said
court, and all further proceedings therein shall be in like manner as now directed by
law in other cases of misdemeanor: And be it further provided, That in case of convic-
tion of such person or persons in said court, such person or persons shall be sentenced
to pay a fine of not less than ten dollars nor more than one hundred dollars.

Brightly’s Purdon’s Digest, 1700 to 1894, vol. 1, p. 1010.
LARD.

Src. 1. Compound lard must be so labeled. No manufacturer or other person shall
sell, deliver, prepare, put up, expose or offer for sale any lard or any article
intended for use as lard, which contains any ingredient but the pure fat of swine,
in any tierce, tub, bucket, pail or other vessel or wrapper or under any label bearing
the words ‘‘pure,’’ ‘“‘refined,’”’ ‘‘family,’’ or either of them alone, or in combina-
tion with other words, nor unless every vessel, wrapper or label in or under
which the article is sold or delivered or prepared, put up or exposed for sale, bears
on the top or outside thereof, in letters not less than one-half inch in length and
plainly exposed to view, the words, ‘COMPOUND LARD.”’

Sec. 2. Penalty. Any person who violates any provision of this act shall be
punished by a fine not exceeding fifty dollars for the first or one hundred dollars for
any subsequent offense.

Sec. 3. This act shall take effect on the first day of October, one thousand eight
hundred and ninety-one.

Approved June 8, 1891. Brightly’s Purdon’s Digest, 1700-1894, vol. 1, p. 1205.

MEAT.

63. (1.) Examination for tuberculosis. Whenever it comes to the knowledge of the
secretary of the State Live Stock Sanitary Board, or an agent of that board who is
authorized to inspect animals, that a meat-producing animal, killed for food, was
found to be infected with tuberculosis, or with a disease resembling tuberculosis, it
shall be the duty of the secretary of the State Live Stock Sanitary Board, either
himself or by deputy, or of an authorized agent of the State Live Stock Sanitary
Board, to make an inspection of the said dead animal and its parts, for the purpose
of ascertaining whether it is or was infected with tuberculosis, and, if infected, to
what extent.

64. (2.) Condemning of meat so infected. If it shall be found that the animal, from
which the carcass or meat came, was infected with tuberculosis, or other infectious



540 FOODS AND FOOD CONTROL.

disease, and to a degree that renders the flesh unfit for use as food, the said dead
animal, carcass or meat, shall be condemned and shall be disposed of by the use of
any method that is approved by the State Live Stock Sanitary Board. For the
guidance of inspectors of animals and meats, and of agents of the State Live Stock
Sanitary Board rules for the inspection of the carcasses of meat-producing animals
may be promulgated by the State Live Stock Sanitary Board, or, in the absence of
such rules, the rules of the United States Bureau of Animal Industry, that cover
the inspection of animals and carcasses for tuberculosis in abattoirs under federal
inspection, shall be observed.

65. (3.) Appraisement of condemned meat. When it is decided by a meat inspector,
approved in respect to competency and reliability by the secretary of the State Live
Stock Sanitary Board, or by a member or agent of the State Live Stock Sanitary
Board, and certified by him in writing on an official form that shall be provided for
this purpose by the State Live Stock Sanitary Board, that the flesh of a meat-
producing animal is unfit for use as food, on account of the fact that the animal from
which it came was infected with tuberculosis to an injurious degree, the said meat
or carcass may be appraised, by agreement between a member or agent of the State
Live Stock Sanitary Board and the owner or his agent, or, if an agreement cannot be
made, three appraisers shall be appointed, one by the owner or his agent, one by the
State Live Stock Sanitary Board or its authorized agent, and the third by the two so
appointed, who shall, under oath or affirmation, fairly and impartially appraise the
meat or carcass, taking into consideration its apparent market value at the time of
appraisement: Provided, however, That such appraised valuation shall not exceed
five cents per pound, nor twenty-five dollars for the entire carcass.

66. (4.) Payment of appraised valuation. The amount of the agreed or appraised
valuation shall be paid by the State Live Stock Sanitary Board, in the same manner
as other expenses of said board are paid, upon the presentation of satisfactory cer-
tificates of condemnation and valuation, and satisfactory evidence in writing that
the condemned animal has beén continuously in the State of Pennsylvania for not less
than four months prior to slaughter, and that the carcass was disposed of in a way
that had been approved by the State Live Stock Sanitary Board.

Approved March 25, 1903. Laws, 1903, No. 60, p. 60; Brightly’s Digest of Laws,
1893-1903, pp. 46-47.
PRESERVATIVES.

16. (1.) Formaldehyde, etc., prohibited; penalty. Any person, firm or corporate
body who shall, by himself, herself or themselves, or by his, her or their agent or
servants, manufacture, sell, ship, consign, offer for sale, expose for sale, or have in
possession with intent to sell, any article of food which contains formaline, formalde-
hyde, sodium fluoride, or any of their compounds, shall be deemed guilty of a misde-
meanor; and upon conviction thereof in the court of quarter sessions of the peace of
the proper county, shall be sentenced to pay a fine of not less than fifty nor more
than one hundred dollars, or to undergo an imprisonment not exceeding sixty days,
or ae at the discretion of the court.

i ) Repealed April 20, 1905, Laws of 1905, Act No. 171, p. 234.

a (3.) Limit of metallic copper; penalty. Any person, firm or corporate body who
shall, by himself, herself or themselves, or by his, her or their agents or servants,
manufacture, sell, ship, consign, offer for sale, expose for sale, or have in possession
with intent to sell, any article of vegetable food containing any coloring matter yield-
ing on analysis more than one-fiftieth of one per centum of metallic copper, shall be
deemed guilty of a misdemeanor; and upon conviction thereof in the court of quarter
sessions of the proper county, shall be sentenced to pay a fine of not less than fifty
dollars nor more than one hundred dollars, or be imprisoned in the jail of the county
for not exceeding sixty days, or both, at the discretion of the court.



PENNSYLVANIA. 541

19. (4.) Enforcement. Itshall be the duty of the Dairy and Food Commissioner to
eniorce the provisions of this act, for which purpose he shall have the same power
which is given him to enforce the provisions of the act authorizing his appointment.

20. (5.) Disposition of fines. All penalties or fines which may be recovered in any
proceeding to enforce the provisions of this act shall be paid to the Dairy and Food
Commissioner or his agent,-and by him paid into the State Treasury; and the money
so paid shall constitute a special fund, for the use of the Department of Agriculture
in enforcing this act, and may be drawn out upon warrants signed by the Secretary
oi Agriculture and approved by the Auditor General.

Approved April 27, 1903. Laws, 1903, No. 254, p. 325; Brightly’s Digest of Laws,
1893-1903, pp. 31-352.

Sec. 1. Preservatives or coloring matter in meat, game, or shellfish prohibited; penalty.
if any person, firm or corporate body shall, by himself, herself or themselves, or by
his, her, or their or its, agents or servants, sell, ship, consign, offer for sale, expose
for sale, or have in possession with intent to sell, as fresh, any meat, poultry, game,
or shell fish which contains any substance, article or ingredient possessing a presery-
ative character or action, or which contains any coal-tar, dye, or any other substance
or ingredient possessing a coloring character or action, shall be deemed guilty of a
misdemeanor; and, upon conviction thereof in the court of quarter sessions of the
peace of the proper county, shall be sentenced to pay a fine of not less than one
hundred doliars nor more than two hundred dollars, and all costs, or to undergo an
imprisonment in the county jail not less than sixty days nor more than ninety days,
or both, at the discretion of the court; and, upon conviction of any subsequent
offense, shall be punished by a fine of not less than two hundred dollars nor more
than five hundred dollars, or be imprisoned not less than sixty days nor more than
four months, or both or either, at the discretion of the court: Provided, That nothing
in this section shail prohibit the use of ice as a preservative, or proper refrigeration.

Sec. 2. Dairy and food commissioner to enforce act. The Dairy and Food Commis-
sioner shall be charged with the enforcement of all provisions of this act; and all
penalties which may be recoverable, and all fines which may be paid, in any pro-
ceedivg or proceedings to enforce the provisions of this act, shall be paid to the
Dairy and Food Commissioner, or his agent, and by him paid into the State Treas-
ury; and the money so paid shall constitute a special fund, for the use of the Dairy
and Food Commissioner in enforcing this act, and may be drawn out upon warrants
signed by the Dairy and Food Commissioner or Secretary of Agriculture, and
approved by the Auditor General.

Sec. 3. Repeal All acts or parts of acts inconsistent with this act are hereby
repealed; but the repeal of said acts shall in no way interfere with, or prevent the
prosecution to final termination of, any action or prosecution now pending, or which
may be hereafter commenced for any violation of said acts, which has already been
committed.

Approved March 28, 1905. Laws of 1905, Act No. 46, pp. 64-65. )
VINEGAR.

See. 1. Various vinegars prohibited. From and after the passage of this act no per-
son, firm or corporate body shall manufacture for sale, offer for sale or expose for
sale, sell or deliver. or have in his, her or their possession with intent to sell or
deliver, any vinegar not in compliance with the provisions of this act. No vinegar
shall be sold or exposed for sale as apple or cider vinegar which is not the legitimate
product of pure apple juice, or vinegar not made exclusively of said apple cider, or
vinegar in which foreign substances, drugs or acids shall have been introduced, as



542 FOODS AND FOOD CONTROL.

may appear upon proper test; no vinegar shall be branded fruit vinegar unless the
same be made wholly from grapes, apples or other fruits.—Amendment of May 21,
1901. Laws 1901, Act 183, p. 275.

Src. 2. Fermented and distilled vinegar to be so branded; foreign substances. All vinegar
made by fermentation and oxidation, without the intervention of distillation, shall
be branded ‘‘fermented vinegar,’’ with the name of the fruit or substance from
which the same is made. And all vinegar made wholly or in part from distilled
liquor shall be branded ‘‘distilled vinegar,’’ and all such distilled vinegar shall be
free from coloring matter, added before, during or after distillation, and from color
other than that imparted to it by the process of distillation, and shall contain not
less than four per centum, by weight, of absolute acetic acid. And all vinegar shall
be made wholly from the fruit or grain from which it is represented to be made, and
shall contain no foreign substance: Provided, That this shall not be construed to
prohibit the use of such an amount of spices as are necessary for flavoring, provided
such spices do not color the vinegar.- -Amendment May 21,1901. Laws 1901, Act 183,
p- 276.

Sec. 3. Injurious ingredients; branding. No person, firm or corporate body shall
manufacture for sale, offer for sale, or have in his, her or their possession with intent
to sell or expose for sale, any vinegar found upon proper test to contain any prepara-
tion of lead, copper, sulphuric or other mineral acid, or other ingredients injurious
to health. And all packages containing vinegar shall be plainly and distinctly
marked on each head of the cask, barrel or keg containing such vinegar, or if sold in
other packages; each package shall be plainly and distinctly marked with the name
and residence of the manufacturer, together with the brand required in section two
thereof.

Sec. 4. Penalties and costs; enforcement of law. Every person, firm or corporate
body who shall violate any of the provisions of this act shall, for every such offense,
forfeit and pay not less than fifty dollars nor more than one hundred dollars, which
shall be recoverable, with costs, including expense of inspection and analysis, by
any person suing in the name of the Commonwealth as debts of like amount by
law recoverable: Provided, That the Department of Agriculture, through its officer
known as the Dairy and Food Commissioner, together with the deputies, agents and
assistants, shall be charged with the enforcement of this act, and shall have full
access to all places, of business, factories, mills, buildings, carriages, cars, vessels,
barrels, tanks and packages of whatever kind used in the manufacture and transpor-
tation and sale of any vinegar, or of any adulteration or imitation thereof, or any
package in which vinegar is mixed with articles of food, They shall also have power
and authority to open any package, barrel or vessel containing any vinegar, or any
adulteration or imitation thereof, which may be manufactured, sold or exposed for
sale, and they shall also have full power and authority to take the samples there-
from for analysis upon tendering the value of saidsamples. And all charges, accounts
and expenses of the Department for the enforcement of this act, through the said
Commissioner and his deputies, agents, assistants, chemist, and counsel employed
by him, in carrying out the provisions of this act, shall be paid by the Treasurer of
the State in the’same manner as other accounts and expenses of the said Department
are paid. And all penalties and costs for the violation of the provisions of this act
shall be paid to the said Dairy and Food Commissioner, or his agents, and by him
immediately covered into the State Treasury, to be kept as a fund for the use of the
Department, and to be drawn out upon warrant signed by the Secretary of Agricul-
ture and the Auditor General. 5

Sec. 5. Further penalties; disposition of fines. Every person who violates any of the
provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine of not less than fifty dollars, nor more than one
hundred dollars, or by imprisonment in the county jail for not less than ten nor

<



PENNSYLVANIA. 543

more than thirty days, or both fine and imprisonment for the first offense, and a
fine of one hundred dollars and imprisonment for thirty days for every subsequent
offense: Provided, That all fines and costs, including the expense of inspection and
apalysis imposed under this section, shall be covered into the State Treasury as pro-
vided by section four of this act, and all vinegar sold or offered for sale in violation
of the provisions of this act shall be subject to forfeiture and spoliation.

Sec. 6. Jurisdiction. Magistrates and justices of the peace throughout this Com-
monwealth shall have jurisdiction to hear and determine actions arising for violations
of the provisions of this act, and to hold for court, or impose the penalties provided
therein, subject to appeal as the law shall direct.

Src. 7. Repeal. All acts or parts of acts inconsistent with the provisions of this act
are hereby repealed.

Approved June 18, 1897. Laws 1897, Act 140, p. 168; Brightly’s Digest of Laws,
1893-1903, pp. 872-873.

RULINGS AND REGULATIONS OF THE STATE DEPARTMENT OF
AGRICULTURE.

1. All foods manufactured, sold, offered or exposed for sale are held to be repre-
sented as pure, unless accompanied by adequate notice to the contrary, in which case
they must be distinctly labeled as ‘“‘mixtures’’ or ‘‘compounds,”’ or as ‘‘artificial’’
preparations.

2. Food sold as pure must be true to name, of standard strength, quality and
purity, and not a compound, mixture or an artificial preparation or imitation.

3. Where no standard of strength, quality or purity is fixed by law, the standard
required shall be that adopted by the highest recognized authorities, such as the
United States Pharmacopoeia, or the Association of Official Agricultural Chemists.

4. No food shall have added to it any substance or ingredient ‘‘ which is poisonous
or injurious to health.”’

5. No fraudulent or worthless article having little or no food value, shall be mixed
with standard goods or substituted for them, and be sold as food under the label
““compound”’ or ‘‘mixture;’’ but all foods sold under this designation must be com-
posed of substances recognized as ‘‘ ordinary articles or ingredients of articles of food.”’

6. The question of the admissibility of a nonpoisonous or harmless foreign sub-
stance in a food, may depend upon whether the substance introduced is necessary in
order to improve the value or quality of the food, or is fraudulently added asa
diluent and cheapener.

+. No food shall be sold under the name of a substance of which it contains none
or only an inconsiderable quantity, and when a name is ‘‘coined’’ therefor such name
shall not be suggestive of any substance not contained therein.

8. Foods manufactured in Pennsylvania, except where exempt by statute from
such requirement, should, for the purpose of identification, be labeled with the name
and address of the person or firm manufacturing them. Foods not so marked are
_ regarded with suspicion.

9. Artificial preparations or imitations shall not be labeled ‘‘extracts,’’ as ‘‘ artifi-
cial vanilla extract,’’ ete.

10. Where such words as ‘‘compound,’’ *‘mixture,’’ ‘‘artificially colored,’’ ete.,
are required upon a label, they shall be in conspicuous places and be printed in bold,
clean-faced type in letters as large and conspicuous as any upon the package, and the
same designation, both as to substance, size and conspicuousness, shall be printed
upon the carton.

11. The use, in food, of a moderate quantity of coloring matter that is not poison-
ous or injurious to health, is not prohibited, provided the goods are otherwise pure



544 FOODS AND FOOD CONTROL.

and of standard quality; except in the case of oleomargarine, milk, cream and dis-
tilled vinegar, in which the use of certain colors is prohibited by statute; but if used
in foods below the established standard of strength and quality, the words ‘‘artifi-
cially colored’’ and ‘‘compound”’ or ‘‘mixture’’ must be printed upon the label.

12. Articles of food that can be prepared by the use of improved processes, so as
to preserve them from decay or change, shall have no preservative added, other than
salt, syrup, sugar, saltpetre, spice, vinegar or wood smoke.

13. When an ‘‘extract’’ is below standard, and yet contains a sufficient quantity
of ~ substance after which it is named to entitle it to be labeled as a ‘‘compound”’
or ‘‘mixture,’’ the percentage of its distinguishing ingredient or ingredients should
be stated on its label.

14. Dry mustard must be pure. A preparation of mustard, vinegar and spices may
be sold if labeled ‘‘ prepared mustard.’’ Mustard may also be sold when mixed
with vinegar, spices and sufficient starch to secure a mild flavor, if labeled ‘‘ pre-
pared mustard, compound.”’

15. Mixtures of a spice with one or more of its valuable Reaiediarth as pepper
with pepper hulls, or pure cloves with cloves from which part of the essential oil has
been removed, must be labeled ‘‘compound’’ or ‘‘mixture.’’ Spice by-products,
themselves possessed of spice value, must be sold under their own, distinctive
names. Spice preparations with which any foreign material has been mixed shall
not be sold as ‘‘compounds’’ or ‘‘mixtures.”’

16. Coffee mixed with chicory, wheat, rye, peas, etc., cannot be sold as ‘‘ coffee
compound.’’—Decision of Attorney General, January 29, 1896. Packages containing
such articles may be sold if they have the name of the adulterant plainly printed on
He label.

. Candy and confections must be free from inert mineral matter, and not colored
a substances poisonous or injurious to health.

18. The distinctive character of a baking powder should be stated on the label, as
cream of tartar, alum, acid phosphate, ete.

19. Tin on cans in which food is presery ed, and the portion of the metal tops of
glass jars which is in contact with food contents, should not contain more than two
per centum of lead.

Norre.—Under the statute a dealer is liable for selling an adulterated article,
although he may have no knowledge that the same is adulterated.

A guarantee of purity received from the manufacturer or jobber does not relieve
a person handling adulterated goods from liability.

FOOD DEFINITIONS AND STANDARDS.

MEAT.



Meat is the dressed and properly prepared edible parts of animals, in good
health at the time of slaugbter, and of the kind designated.

2. Refrigeration is the only method of preservation allowable for fresh meats.

3. Canned meats shall contain no preservative other than salt, sugar and salt-petre,
except smoked meat, which contains the products added by the process of smoking.

4, Pickled and salted meats shall contain no preservatives other than salt, sugar,
salt-peter, vinegar, spices or other condiments.

5. Sausage must be prepared from meat of the quality above indicated, and must
contain no preservatives other than sugar, salt, salt-peter, smoke and condiments;
artificial color must not be introduced without notice of the fact.

6. Meat extracts must be true toname. No antiseptic, other than salt, may be used.



PENNSYLVANIA. 545

MILK AND BUTTER.

1. Milk is the normal secretion, taken by complete milking, from the udder of a
healthy cow, properly fed and kept. Colostral milk is excluded. .

2. Cream shall contain not less than 15 per centum of butter-fat.

3. Skim-milk, except in cities for which a different standard has been established
by law, shall contain not less than 8.5 per centum of total solids not fat, and shall
be free from all kinds of additions.

4. Butter-milk. The acid fluid of milk or cream left after the removal of the but-
“ter fat by churning. It must be free from preservatives other than the salt employed
in the manufacture of butter.

5. Condensed milk shall be prepared from pure and wholesome normal milk, by
removal of water by evaporation; sugar may be added, but no other substances.

6. Butter must contain not less than 83 per centum of butter-fat.

FRUIT PREPARATIONS.

1. Fruit-butter must be prepared wholly from the designated fruit without addition
of any substance other than cider, glucose or cane-sugar and spices.

2. Fruit preserves, jams, marmalades and jellies must be prepared from the designated
fruits and cane-sugar, with or without the addition of glucose, but without the
addition of any other substance.

3. Fruit juice, fresh, is the juice, or pulp, or both, of fresh, sound fruit of the
variety specified on the label, without addition of any other substance.

4. Fruit juice, sweet, is fresh fruit juice to which sugar or glucose has been added.

SACCHARINE PRODUCTS.

1. Molasses is that part of the cane juice, or sugar solution, that is left upon the
removal of part of the sugar. It must contain no added substance.

2. Syrup is the purified or evaporated juice of the cane or maple sap, insufficiently
evaporated to cause crystallization of the sugar. It must contain no added substance.

3. Glucose is the solid, sweet, purified substance obtained by the action of acid on
starch. It must be free from intermediate products.

4. Glucose syrup, is syrup obtained by the action of acid on starch.

5. Honey is the nectar of flowers and saccharine exudations of plants, gathered by
bees. Honey made by feeding bees sugar, glucose, syrup or other saccharine sub-
stances, is not considered pure honey. The mixing of sugar, syrup, glucose or other
similar substance with honey, is considered an adulteration.

SPICES AND CONDIMENTS.

1. Allspice or pimento, is the dried fruit of Pimenta officinalis.

2. Black pepper is the dried, immature berry of Piper nigrum. Pepper shells, pep-
per dust, and other by-products from pepper are adulterants.

3. White pepper is the dried mature berry of Piper nigrum from which the outer,
or the outer and inner, coatings have been removed.

4. Cayenne pepper, red pepper, is the dried fruit of Capsicwm fastigiatum, C. frutes-
cens, C. baccatum or other small-fruited species of Capsicum.

5. Cinnamon is the dried bark of any species of the genus Cinnamomum, from
which the outer layers may or may not have been removed.

6. Ground cinnamon or ground cassia: A powder consisting of cinnamon, cassia
buds or a mixture thereof.

7. Cloves are the dried flower-buds of Jamboso caryophyllus; should contain no
more than 5 per cent. of clove stems.



546 FOODS AND FOOD CONTROL.



8. Ginger is the washed and dried or decorticated and dried rhizome of Zingiber
officinale. Ground ginger shall not contain any added substance, but whole ginger
coated with carbonate of lime may be sold as limed or bleached ginger. q

9. Horse-radish, the root of Cochlearia armoracia; the grated or ground horse-
radish may be mixed with vinegar, but with no other foreign material.

10. Mace is the dried arillus of Myristica fragrans; Macassar or Papua mace, the
dried arillus of M. argeneta, should be sold under its own name; Bombay mace,
M. malabarica, has no spice value and is therefore an adulterant.

11. Mustard, seed, the seeds of Sinapis alba (white mustard), Brassica nigra (black
or brown mustard), S. juncea (sarepta mustard).

12. Mustard, ground, is the powdered mustard seed, of one or more varieties, with
or without the removal of the hulls and a portion of the oil, but without addition of
any other substance.

13. Nutmeg is the dried seed of Myristica fragrans, deprived of its testa; ground
nutmegs should contain no added substance; ‘‘liming’’ whole nutmegs is not to be
considered an adulteration.

FLAVORING EXTRACTS.

1. Lemon extract shall contain at least 5 per centum of the pure oil of lemon dis-
solved in alcohol. ‘

2. Vanilla extract is the solution prepared by the maceration of the vanilla bean
with alcohol and sugar. ;

TABLE BEVERAGES.

1. Tea is the dried leaves of Thea sinensis or other species of Thea, without addition
of the leaves of other plants or of coloring materials injurious to health, and with-
out having been exhausted by steeping or other means. .

2. Coffee is the fruit of Coffea arabica. ‘‘ Roasted coffee’’ is coffee that has been
subjected to dry heat to develop the aroma.

3. Chocolate is the ground pulp of the roasted seeds of Theobroma cacao, from which
none of the fat has been removed.

4. Cocoa is the ground pulp of the roasted seeds of Theobroma cacao from which a
part of the fat has been removed, but to which nothing except the usual flavoring
material has been added.

5. The addition of sugar to either chocolate or cocoa should be indicated on the
label. :





PHILIPPINE ISLANDS.

The board of health for the Philippine Islands is authorized to
‘‘make inquiry and investigation into * * * employments, con-
ditions, habits, foods, beverages and medicines, etc.” In addition
to this, city councils are authorized to control the establishment of
slaughterhouses and markets and to ‘‘provide for and regulate the
inspection of meats, fruits, poultry, milk, fish, vegetables, and all
other articles of food.”

MEAT.

Src. 1. Public slaughterhouse. No person shall slaughter any four-footed animal
for sale or food or cause or allow the same to be done, except in the public slaugh-
terhouse maintained under the supervision of the City Assessor and Collector: Pro-
vided, That suckling pigs may be slaughtered on private premises, for personal use
only and not for sale.

Sec. 2. Appointment of superintendent, etc. The City Assessor and Collector shall
appoint one of the employees in the Department of Assessments and Collections
superintendent of the public slaughterhouse and shall employ as many laborers
therein as may be necessary.

Sec. 3. Duties of superintendent. The superintendent of the public slaughterhouse
shall have entire charge thereof and shall enforce this ordinance and such regula-
tions for the slaughterhouse, not in conflict with the provisions hereof, as may be
adopted from time to time by resolution of the Municipal Board; shall be respon-
sible for the good order, cleanliness, and sanitary condition of the slaughterhouse
and for the collection of the fees hereinafter fixed; shall be present whenever meat
is being weighed or fees collected; shall pay to the cashier at the office of the City
Assessor and Collector before nine o’clock on each morning all fees collected during
the previous day; and shall see that the animals and meat at the slaughterhouse are
inspected each day by the authorized inspector of the Board of Health, and imme-
diately report in writing to the City Assessor and Collector whenever such author-
ized inspector fails to appear at the slaughterhouse and make such inspection.

Src. 4. Regulations. No animal, the ownership of which is in dispute, shall be
admitted to the slaughterhouse; nor shall any animal remain in the slaughterhouse
for over twenty-four hours. No person shall slaughter any animal except an expert
butcher regularly assigned to that duty.

Sec. 5. Condemning of animals or meat. The decision of the authorized inspector
of the Board of Health condemning any animal for slaughter, or any meat, as unfit
for food, shall be final. No such animal shall be slaughtered, and all such meat
shall be cremated at the slaughterhouse.

«Public Laws and Resolutions passed by the United States Philippine Commis-
sion, Act 157, section 4, subsection B, page 335.
547



548 FOODS AND FOOD CONTROL.

Sec. 6. Fees. There shall be charged and collected for each kilogram of meat,
including the tongue, heart, and liver of any animal, a fee of three cents, Mexican
currency, and no meat shall be taken from the slaughterhouse until such fee has
been paid to the superintendent, or in any transportation other than that authorized
by the Municipal Board. |

Sec. 7. Sanitation. The slaughterhouse shall be kept at all times in an orderly and
sanitary condition and shall be thoroughly cleaned at least once in the morning and
once in the evening of each day. The skull and all other discarded parts or contents
of any animal shall be removed from the slaughterhouse as soon as practicable after
such animal has been slaughtered. ‘

Sec. 8. Resisting superintendent. Noperson shall resist, obstruct, or molest the super-
intendent of the public slaughterhouse or any employee therein in the exercise of
his duties as superintendent or employee.

Sec. 9. Superintendent must not be financially concerned in transactions. No superin-
tendent or other person in charge of the public slaughterhouse, or employed in or
about the same, shall purchase, sell, or be directly or indirectly interested in the
- purchase or sale of any animal for slaughter, or of any meat taken from such slaughter-
house.

Sec. 10. Penalty. Any person violating any provisions of this ordinance shall,
upon conviction thereof, be punished by a fine not to exceed one hundred dollars, or
imprisonment not to exceed six months, or both, for each offense.

Sec. 11. Repeals. All ordinances, orders, and regulations and parts thereof incon-
sistent herewith are hereby repealed and this ordinance shall take effect and be in
force on and after the first day of September, nineteen hundred and two.

Enacted, August 23, 1902, by the Municipal Board of the ‘city of Manilla, Ordi-
nance No. 36.

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o H. W. WILEY, Chief.

FOODS AND FOOD CONTROL.

ao VY te TO JOY 1, 1905.

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VI. LAWS OF OHIO, OKLAHOMA, OREGON, PENNSYLVANIA,
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WASHINGTON:
GOVERNMENT PRINTING OFFICE.
1905.
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LETTER OF TRANSMITTAL

U.S. DEPARTMENT OF AGRICULTURE,
BuREAU OF CHEMISTRY,
Washington, D. C., October 20, 1905.
Str: I have the honor to submit for your approval a compilation of
the food laws of Ohio, Oklahoma, Oregon, Pennsylvania, and the Phil-
ippine Islands, revised to July 1,190. I recommend that this manu-
script be published as Bulletin No. 69, Revised, Part VI, of the Bureau
of Chemistry.
Respectfully, H.W, OW tier
7 Chief.
Hon. JAmEs WILSON,
Secretary of Agriculture.

Il
GOT EN FS.

.
Page.
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Rulings of State dairy and food commissioner ..-.........-------------- 490
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Rulings and regulations of the State department of agriculture. .......... 543
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Digitized by the Internet Archive
in 2013

http://archive.org/details/revisconrf00bige
FOODS AND FOOD CONTROL—VLI.

Revised to July 1, 1905.

VI. Laws of Ohio, Oklahoma, Oregon, Pennsylvania, and the
Philippine Islands.

OHIO.

In response to a letter of inquiry the following statement was made
by Mr. Horace Ankeney, State dairy and food commissioner, who is
charged with the administration of the food laws of Ohio:

As to the efficiency of the laws in force in Ohio, I may say, that in all instances
where we have specific statutes and standards and the manufacturers live inside the
State, there is but little evasion of the law. However, when these same products
are manufactured and sold outside the State to dealers inside the State, the laws are
not so effective and the Commissioner’s work is very much more difficult.

More specific standards and statutes would help to render State food control work
more effective. 1 am not prepared now to statespecifically just what changesare most
needed in the Ohio laws. My most serious difficulties have been with the products
manufactured outside the State, that were not true to representation, and I believe
the highest efficiency can not be reached until we have a National law, regulating
interstate commerce in foods and drugs and requiring that the product shall be in
accordance with a National standard for such product. With National standards, a
National law and a State commissioner empowered by statute to recognize the National
standards as his standards for all products, there will be the highest possible degree
of effectiveness in food control work.

GENERAL FOOD LAWS. 4

7077. (1.) Adulteration prohibited. No person shall, within this state, manufac-
ture for sale, offer for sale, or sell any drug or article of food which is adulterated,
within the meaning of this act.

7078. (2.) Food and drugs—definitions. The term ‘‘drug,’’ as used in this act,
shall include all medicines for internal or external use, antiseptics, disinfectants and
cosmetics. Theterm ‘‘food,’’ as used herein, shall include all articles used for food,
drink, confectionery, or condiment by man, whether simple, mixed or compound.—
As amended April 20, 1904, Laws of 1904 ( House Bill No. 92), p. 116.

7079. (3.) Adulteration defined. An article shall be deemed to be adulterated
within the meaning of this act:

(a) In the case of drugs: (1) If, when sold under or by a name recognized in the
seventh decennial revision of the United States pharmacopoeia, it differs from the

9

“See also ‘‘ Fish,’’ sec. 7184, for packing regulations.
459
Is oS
460 FOODS AND FOOD CONTROL.

standard of strength, quality or purity laid down therein; (2) if, when sold under or
by a name not recognized in the seventh decennial revision of the United States
pharmacopoeia but which is found in some other pharmacopoeia, or other standard
work on materia medica, it differs materially from the standard of strength, quality,
or purity laid down in such work; (3) if, its strength, quality or purity falls below
the professed standard under which it is sold.

(b) In [the] case of food, drink, confectionery or condiment: (1) If, any substance
or substances have been mixed with it, so as to lower or depreciate, orinjuriously affect
its quality, strength or purity; (2) if any inferior or cheaper substance or substanceés
have been substituted wholly or in part for it; (3) if any valuable or necessary con-
stituent or ingredient has been wholly or in part abstracted from it; (4) if it is an
imitation of, or is sold under the name of another article; (5) if it consists wholly, or
in part, of a diseased, decomposed, putrid, infected, tainted or rotten animal or vege-
table substance or article, whether manufactured or not—or, in the ease of milk, if it
is the produce of a diseased animal; (6) if it is colored, coated, polished or powdered,
whereby damage or inferiority is concealed, or if by any means it is made to appear
better or of greater value than it really is; (7) if it contains any added substance or
ingredient which is poisonous or injurious to health; (8) if it is sold under a coined
name and does not contain some ingredient suggested by such name or contains only
an inconsiderable quantity; (9) if the package containing it or any label thereon
shall bear any statement regarding it or its composition which shall be false or mis-
leading in any particular; provided, that the provisions of this act shall not apply to
mixtures or compounds recognized as ordinary articles or ingredients of articles of
food or drink, if each and every package sold or offered for sale be distinctly labeled
in words of the English language, as mixtures or compounds, with the name and
per cent. of each ingredient therein. The word ‘‘compound”’ or ‘‘mixture’’ shall
be printed in type not smaller in either height or width than one-half the largest
type upon any label on the package and the formula shall be printed in letters not
smaller in either height or width than one-fourth the largest type upon any label on
the package, and said compound or mixture must not contain any ingredient injurious
to health.—As amended April 20, 1904, Laws of 1904 (House Bill No. 92), p. 116.

7080. (4.) Sampling. Every person manufacturing, offering or exposing for sale,
or delivering to a purchaser, any drug or article of food included in the provisions of
this act, shall furnish to any person interested, or demanding the same, who shall
apply to him for the purpose, and shall tender him the value of the same, a sample
sufficient for the analysis of any such drug or article of food which is in his possession.

7081. (5.) Penalty. Whoever refuses to comply, upon demand, with the require-
ments of section 4, and whoever violates any of the provisions of this act, shall be
guilty of a misdemeanor, and upon conviction shall be fined not exceeding one hun-
dred nor less than twenty-five dollars, or imprisoned not exceeding one hundred nor
less than thirty days, or both. And any person found guilty of manufacturing, offer-
ing for sale or selling an adulterated article of food or drug under the provisions of
this act, shall be adjudged to pay, in addition to the penalties hereinbefore provided
for, all necessary costs and expenses incurred in inspecting and analyzing such adul-
terated articles of which said person may have been found guilty of manufacturing,
selling or offering for sale.

Passed March 20, 1884. 81 O. L., 67; Laning’s Revised Statutes and Recodified
Laws, 1905, title 5, ch. 8, pp. 1477-1478,

551. (1.) Dairy and food commissioner. There is hereby created the office of
dairy and food commissioner of the state of Ohio. Said commissioner shall be
elected at the general élection held on the first Tuesday after the first Monday in
November, A. D., one thousand eight hundred and ninety-six. He shall take his
’

OHIO. 461



office on the first Tuesday following the fifteenth day of February next after his elec-
tion and shall serve for two years, and until his successor is elected and qualified. He
shall be charged with the enforcement of all laws against fraud and adulteration or
impurities in foods, drinks or drugs, and unlawful labeling in the state of Ohio. His
salary shall be three thousand five hundred dollars per year, and his necessary and
reasonable expense incurred in the discharge of his official duties, to be paid in
monthly installments at the end of each calendar month.

Provided, however, that said salary and expenses provided for herein shall be in
full of all amounts received by said commissioner from all sources whatsoever, and
said necessary and reasonable expenses shall not exceed the sum of seven hundred
and fifty dollars in any one year.—As amended April 1, 1904, Laws of 1904 (House
Bill No. 200), p. 64.

592. (2.) Inspection and prosecution. It shall be the duty of said commissioner or
assistant commissioner, to inspect any articles of butter, cheese, lard, syrup, or other
article of food or drinks, made or offered for sale'in the state of Ohio, as an article of
food or drink, and to prosecute or cause to be prosecuted, any person or persons,
firm or firms, corporation or corporations, engaged in the manufacture or sale of any
adulterated article or articles of food or drink, or adulterated in violation of, or con-
trary to any laws of the state of Ohio.—As amended March 21, 1887, 84 O. L., 2085.

593. (3.) Powers of dairy and food commissioner—district attorneys. The said com-
missioner, or any assistant commissioner, or any inspector, of the dairy and food
department shall have power in the performance of their duty, to enter into any
creamery, factory, store, salesroom, drug store or laboratory, or place where they
have reason to believe food or drink or linseed oil are made, prepared, sold or offered
for sale, and to examine their books, and to open any cask, tub, jar, bottle or pack-
age, containing or supposed to contain any article of food or drink and examine or
cause to be examined and analyzed the contents thereof, and it shall be the duty of
any prosecuting attorney in any county of the state, when called upon by said com-
missioner or assistant commissioner, or any inspector, to render him any legal assist-
ance in his power, to execute the laws, and to assist in the prosecution of cases arising
under provisions of this act.—As amended March 4, 1904, Laws of 1904 (Senate Bill
No. 8), p. 30.

554. (4.) Assistant commissioners, inspectors, etc. Said commissioner may appoint
not to exceed two assistant commissioners, each of whose salaries shall be one thou-
sand dollars per year, and necessary traveling expenses incurred in the discharge of
their official duties, to be paid in like manner with the commissioner’s and on itemized
vouchers approved by said commissioner; the said commissioner shall have power
to employ such experts, chemists, agents, inspectors and counsel as may by him be
deemed necessary for the proper enforcement of the laws, their compensation to be
fixed by the commissioner. And each assistant commissioner and inspector now
serving or hereafter appointed shall, before entering upon or continuing in the dis-
charge of his duties, give bond payable to the state in the sum of $1,000.00 with
sureties to the approval of the dairy and food commissioner conditioned for the faith-
ful performance of his duties, which bond, when so approved, shall be filed with the
secretary of state and be open to inspection at all proper times.

Expenses, vacancies, fines, fees, and costs. All charges, accounts and expenses author-
ized by this act shall be paid out of the state treasury upon vouchers certified by the
commissioner, and upon warrant by the state auditor. The entire expense of said
commissioner shall not exceed in one year the amount specifically appropriated for
such purposes. All vacancies in the office of dairy and food commissioner shall be
filled by appointment of the governor until the next general election, then the same
shall be filled as in the original election. All fines, fees and costs assessed and col-
lected under prosecutions begun, or caused to be begun, by the commissioner, and
462 FOODS AND FOOD CONTROL.

all fines, fees and costs heretofore assessed and collected under prosecution begun or
caused to be begun by the commissioner, shall be paid by the court to the commis-
sioner, and by him paid into the state treasury and be credited to the general revenue
fund of the state.

Office rooms. The two most easterly rooms on the north side of the east end of the
south corridor of the state house, now occupied by the dairy and food commissioner,
are set apart for his use, wherein shall be kept his books, records, or other property
of his office.

Seal, report, accounts, etc. Heshall keep a seal with which to attest official acts and
documents, and shall be entitled to stationery and supplies from the secretary of
state as are other state officers. The commissioner shall make an annual report to
the governor as soon as possible after the 15th day of November of each year, con-
taining itemized statements of all receipts and disbursements, attorney fees in each
specified suit brought in this department, and all persons employed by him, together
with such statistics and other matter as he may regard of value; said reports to be
published as are the other reports of the other state officers.

Bulletins. He shall issue bulletins at such times as he may deem best, giving such
information as he may have of the condition of the various products which it is his
duty to cause to be inspected and the results of analyses by him caused to be made
and such other information as may be serviceable to the publie, which said bulletins
shall be immediately published by the state and distributed by the commissioner.—
As amended March 4, 1904, Laws of 1904 (Senate Bill No. 8), p. 30. Passed May 8, 1886;
88. 0.:Tk, 120:

595. (1.) Commissioner's bond. TheOhiodairy and food commissioner, before enter-
ing upon the discharge of his official duties, shall give bond in the sum of five thousand
dollars to the state, with two or more sureties to the acceptance of the governor,
conditioned that he will truly account for and apply all moneys or other property
which may come into his hands in his official capacity, and for the faithful perform-
ance of the duties of his office as the same are prescribed by law; which bond with
his oath of office indorsed thereon, shall be filed with the secretary of state. — Approved
March 4, 1891; 88 O. Ig, 74.

556. (1.) Clerk. The dairy and food commissioner of Ohio be, and is hereby
authorized to employ a clerk for his office whose compensation shall not exceed
$1,200.00 per annum.—Act of April 24, 1903, as amended March 4, 1904, Laws of 1904
(Senate Bill No. 8), p. 31.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 3, ch. 22, pp.
193-194. ’

7062. Various inspectors and deputies appointed by county probate judges. The pro-
bate judge of each county shall appoint, when it may be necessary, to serve for the
term of three years, one gauger and inspector of domestic and foreign spirits, linseed
oil, lard oil, and coal oil; one inspector of flour, meal, and biseuit; one inspector of
beef, pork, lard, and butter; one inspector of pot and pearl ashes; one inspector of
fish; one inspector of sawed lumber and shingles; and one inspector of salt, who
shall each have the power of appointing as many deputies to act under them as their
respective duties in office may require; and the court may, on complaint and sufli-
cient cause shown, remove any inspector, and fill all vacancies for unexpired term.

7063. Inspectors’ and deputies’ oath and bond. Before any inspector or deputy
inspector, shall enter upon the duties of his office, he shall take an oath that he wil)
faithfully and impartially execute the duties required of him by law; and each
inspector shall, moreover, enter into bond, with sufficient freehold security, to be
approved by the court, in such sum as the court may require, not less than three
hundred nor more than one thousand dollars, made payable to the state; which
1 , :

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'

OHIO. 3 463

\

bond, conditioned for the faithful and impartial performance of the duties required
of him by law, shall be deposited with the treasurer of such county.

7064. Suit against inspector or deputy. Eyery person who may think himself
injured by the incapacity, neglect, or misconduct of such inspector, or his deputy,
may institute a suit on a copy of the bond, certified by the treasurer, for the use of
the person suing; and the bond shall not become void on the first or any subsequent
judgment; but suit must be instituted within one year aiter the cause of action
accrues.

7065. Duties of inspectors; branding; records; fees. The different inspectors or
their deputies, shall, on application within their respective counties, inspect all wheat
or rye flour, or buckwheat meal, biscuit, butter, lard, pork, beef, fish, and pot or
pearl ashes, and when inspected stamp on the cask containing the same, with brand-
ing irons, to be provided by the inspector for that purpose, the name of this state,
with the name of the county where inspected, the kind and quality of the article
inspected, and the weight thereof, which shall be branded on the hogshead, cask,
box, package, barrel, or part thereof, containing the same, which shall be conclusive
evidence between vendor and vendee at the time of the inspection; which branding
irons shall be made and lettered, as may be directed by the probate court; and
every inspector shall make, in a book, to be provided by him for that purpose, fair
and distinct entries of all articles inspected by him or his deputies, with the names
of the persons for whom each article was inspected; and whenever short weight is
ascertained, or under tare marked, the inspector so finding, shall be entitled for
every hogshead, cask, or box containing over one barrel, twenty cents, and for every
barrel and under, ten cents, the charges for repacking and cooperage to be no more
than the average price paid for such work at the time the inspection is had, which
shall be paid by the party demanding the inspection, or as parties may agree, but in
case of forfeiture, then the parties for whose benefit it is condemned, shall pay all
such charges; but in case no condemnation takes place, then the inspector shall be
entitled to the same fees tor the inspection of weight he is for quality, but no more.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 8, pp.
1475-1476.

10569. Penalty for selling, etc., unwholesome provisions. Whoever sells, or offers
for sale, or has in his possession with a view to sell any kind of diseased, corrupted,
adulterated, or unwholesome provisions, whether for meat or drink, without making
the condition of the same known to the buyer, and whoever kills for the purpose of
sale, any calf less than four weeks old, or sells, or has in possession with intent
to sell, the meat of any calf which he knows to have been killed when less than
four weeks old, shall be fined not more than fifty dollars, or imprisoned twenty
days, or both.

10570. Penalty for feeding unwholesome offal or flesh to swine, etc. Whoever feeds to
swine, or animals of any kind used for human food the flesh of any old horse, or the
flesh of any animal which has become old, decrepit, infirm or sick, or of one that
has died from such cause, or any offal or flesh that is putrid or unwholesome, shall
be fined not more than two hundred dollars nor less than fifty, or imprisoned for the
first offense not more than thirty days, or both, and for a second offense not more
than six months, or both.

Passed March 30, 1896. 92 O. L., 97; Laning’s Revised Statutes and Recodified
Laws, 1905, vol. 1, title 1, ch. 7, p. 2089.

10791. Selling by false weights; penalty. Whoever knowingly sells, or directs or
permits any person in his employ to sell, any property, and makes or gives any false
or short weight or measure; and any person owning or having charge of any scales
464 FOODS AND FOOD CONTROL.

or steelyards, for the purpose of weighing any property, who knowingly reports any
false or untrue weight, whereby any person may be defrauded or injured, shall be
fined not more than fifty dollars, or imprisoned not more than thirty days, or both.

10793. Selling articles having forged brand, label, etc., affixed; penalty. Whoever
vends, or keeps for sale, any goods, merchandise, mixture, or preparation, upon
which any forged or counterfeit stamp, brand, imprint, wrapper, label, or trade-mark
is placed or affixed, and intended to represent the said goods, merchandise, mixture,
or preparation as the true and genuine goods, merchandise, mixture, or preparation
of any other person, knowing the same to be counterfeit, shall be fined not more
than one hundred dollars.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 1, ch. 11, pp.
2133-2134.

10800. Failure to mark weights on packages; fraudulent transfer of brands or repacking
of branded packages. Whoever puts up or packs any goods or articles sold by weight,
into any case or package, and fails or omits to mark thereon the gross, tare, and net
weights thereof, in pounds and fractions of pounds, or, with intent to defraud, in
any way transfers any brand, mark, or stamp put upon any case or package by any
manufacturer, to any other case or package, or, with the like intent, repacks any
case or package marked with the brand, mark, or stamp of any manufacturer, with
goods or articles of a quality inferior to the goods or articles of that manufacturer,
shall be fined not more than five hundred dollars, or imprisoned not more than six
months, or both.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 1, ch. 11, p. 2184.

10850. Counterfeiting inspector's brand; penalty. Whoever willfully forges or coun-
terfeits any representation, likeness, similitude, copy, or imitation of the brand or
mark of an inspector appointed according to law, or impresses such forged or coun-
terfeited brand or mark on any cask, barrel, firkin, keg, box, or package containing
articles subject to inspection according to law, shall be fined not more than five
hundred dollars, or imprisoned in the penitentiary not more than twelve months, or
both.

10851. Fraudulent use of genuine brands, stamps, etc. Whoever has in his posses-
sion any die, plate, brand, engraving, printed label, stamp, imprint, wrapper, or
trade-mark, or any representation, likeness, similitude, copy, or imitation thereof,
usually affixed by any person to or upon articles made, manufactured, prepared, or
compounded by him, for the purpose of making impressions or selling the same
when made, or using the same upon any other articles made, manufactured.@ pre-
pared, or compounded by him, for the purpose of making impressions, or selling the
same when made, or using the same upon any other articles made, manufactured,
prepared, or compounded, and passing the same off upon the community as the
original goods, manufacture, preparation or compound of any other person, or so in
fact sells or uses the same, or wrongfully and fraudulently uses the genuine stamp,
brand, imprint, wrapper, label, or trade-mark, with intent to pass off any goods,
wares, merchandise, mixture, compound, or other article, not the manufacture of
the person to whom such stamp, brand, imprint, wrapper, label, or trade-mark
properly belongs, as genuine and original, shall be fined not more than five hun-
dred dollars, or imprisoned not more than twelve months, or both.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 1, ch. 11, p. 2142,



4S8o in Statutes.




>

OHIO. 465

11061. Proceeding to reverse order of conviction in circuit court. Whenever after a
conviction of any crime, misdemeanor or violation of a city ordinance in any court
inferior to the circuit court, such conviction may be reversed by the circuit court;
in each and all such cases the attorney representing the state may take proceedings
in error in the supreme court to reverse the order of reversal in the circuit court,
and it shall be the duty of the clerk of the circuit court on application by or on
behalf of the state to make a record of the docket and journal entries in any such
case, and the clerk shall transmit to the supreme court on the precipe of the attorney,
the record and transcript of all docket and journal entries therein, and of all bills
of exceptions, papers and files in the case. And like proceedings shall be had in the
supreme court at the hearing of the petition in error as in other cases. And it shall
be the duty of the presiding judge of such circuit court to appoint some competent
attorney to argue such case against the prosecuting attorney in the supreme court.
And such attorney shall receive for his services a fee to be fixed by such circuit court
not exceeding one hundred dollars, to be paid out of the treasury of said county
upon the order of such circuit court.

Passed April 17, 1896. Laning’s Revised Statutes and Recodified Laws, 1905,
vol. 1, title 2, ch. 6, p. 2174.

6001. Procedure in administration of food laws, jurisdiction, costs, etc. Any justice
of the peace, police judge, or mayor of any city or village, shall each have jurisdic-
tion within his county, in all cases of violation of the laws to prevent the adulteration
of food and drink, the adulteration or deception in the sale of dairy products, or any
other foods, and drugs and medicines, and any violation of the law for the prevention
of cruelty to animals or children, or under section 4842 [8140-2], 7266 [4364-24],
7267 [4364-25], 10678 [6984a] of the Revised Statutes of Ohio. In any such prose-
cution where imprisonment may be a part of the punishment, if a trial by jury be
not waived, the said justice of the peace shall, not less than three nor more than five
days before the time fixed for trial, certify to the clerk of the court of common pleas
of his county that such prosecution is pending before him. Thereupon said clerk
shall proceed to draw, in the presence of representatives of both parties, from the
jury wheel or box containing the names of persons selected to serve as petit jurors in
the court of common pleas in said county, twenty ballots or names, which shall be
drawn and counted in the same manner as for jurors in said court of common pleas.
Said clerk shall forthwith certify the names so drawn to said justice of the peace,
who, upon receipt thereof, shall issue to any constable of the county a venire con-
taining such names to serve as jurors to try such case and make due return thereof.
The jurors shall be subject to the same challenges as jurors are subject to in criminal
cases, except capital cases, in the court of common pleas. If the venire of twenty
names be exhausted without obtaining the required number to fill the panel, the jus-
tice shall fill the panel with talesmen in the manner provided for criminal cases in
said court of common pleas.

In all cases prosecuted under the provisions of this act, no costs shall be required
to be advanced or be secured by any person or persons authorized under the law to
prosecute such cases; and if the defendant be acquitted or discharged from custody,
by nolle or otherwise, or if he be convicted and committed in default of paying fine
and costs, all costs of such case shall be certified by said justice of the peace under
oath to the county auditor, who, after correcting any errors in the same, shall issue
a warrant on the county treasurer, in favor of the person or persons to whom such
costs and fees shall be paid. And in cases brought for any violation of law for the
prevention of cruelty to animals or children, or under section 4842 [3140-2], 10677
[6984], 10678 [6984a], or 10684 [7017-3] Revised Statutes of Ohio, any humane
society or their agents may employ an attorney to prosecute the same, who shall be
466 FOODS AND FOOD CONTROL.

paid for his services out of the county treasury in such sum as any judge of the court
of common pleas or probate judge, within said county, or the county commissioners,
may approve as just and reasonable.

In pursuing or arresting any defendant and in subpcenaing the witnesses, the juris-
diction and powers of the constable or other court officer acting in such capacity, in
all such cases, shall be the same as that of the sheriff of the county in criminal cases
in the common pleas court, and he shall receive the same fees therefor as are allowed
said sheriff. Jurors in all such cases and witnesses subpcenaed in all such cases shall
be entitled to like mileage and fees, as are allowed in criminal cases in the court of
common pleas, and in all other respects, in so far as the same may ‘be applicable, the
procedure provided for in criminal cases in the common pleas court not otherwise
inconsistent herewith, shall be followed. And provided further, that where, in any
such laws, after the first offense, a different punishment is provided for subsequent
offenses, the information or affidavit, in order to avail the state of the benefit of such
additional punishment, shall so charge that it is the second or subsequent offense, and
unless such special charge is so made, the punishment shall in all cases be as of the
first offense. All costs and moneys which are to be paid by the county treasurer as
herein provided, shall be paid out of the general revenue fund of said county.

And in any case prosecuted under the provisions of this section, a new trial, after a
verdict of conviction, may be granted, for any of the reasons enumerated in section
11114 [7350] of the Revised Statutes, upon the written application of the defendant,
filed within three days after the rendition of the verdict; provided that the causes
enumerated in subdivision two, three and five of said section must be sustained by
affidavits or other evidence showing their truth and may be controverted by like
evidence.

Passed May 10, 1902. Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1,
title 11, ch. 14, pp. 1256-1257.

ALCOHOLIC BEVERAGES.

7196. (1). Adulterated wine defined; penalty. All liquors denominated as wine con-
taining alcohol, ‘‘except-such as shall be produced by the natural fermentation of
pure, undried grape-juice,’’ or compounded with distilled spirits, or by both meth-
ods, whether denominated as wine, or by any other name whatsoever, in the nature of
articles for use as beverages, except as allowed in section four [7199] of this act, or for
compounding with other liquors for such use, and all compounds of the same with
pure wine, and all preserved fruit-juices compounded with substances not produced
from undried fruit, in character of, or intended for use as beverages, and all wines
(including all grades and kinds) which contain, or in the production or manufacture
of which, any glucose, or unerystallized grape or starch sugar, or cider, or pomace of
grapes out of which the juice has been pressed or extracted, known as grape cheese,
has been used, and all wines, imitation of wines or other beverages produced from
fruit into which carbonic acid gas has been artifically injected, or which shall con-
tain any alum, baryta, salts, caustic lime, carbonate of soda, carbonate of potash,
carbonic acid, salts of lead, salicylic acid or any other antiseptic, coloring matter
(other than produced from undried fruit, or pure sugar), essence of either@ or any
foreign substance whatever, which is injurious to health, shall be denominated as
adulterated wine, and

Any person or persons who shall manufacture, or cause the same to be done, with
intent to sell, or shall sell or offer to sell, any of such wine or beverage, shall be
guilty of a misdemeanor, and shall be punished by a fine of not less than two hun-
dred dollars, or more than one thousand dollars, or be imprisoned in the county jail

aSo in Statutes.
——" ~

b i: OHIO. ; 467

ia

vt

for a term of less than thirty days or more than six months, or by both such fine and
imprisonment, in the discretion of the court, and shall be liable to a penalty of one
dollar for each gallon thereof sold, offered for sale, or manufactured with intent to
sell, and such wine or beverage shall be deemed a public nuisance and forfeited to
the state, and shall be summarily seized and destroyed by any health officer, mar-
shal, constable or sheriff, within whose jurisdiction the same shall be found, and the
reasonable expense of such seizure and destruction, not exceeding the amount paid
for similiar services, shall be a county charge, and paid out of the county treasury
in the same manner as costs in criminal cases, where the state fails to convict, are
now allowed and paid out of such treasury.—As amended March 26, 1891, 88 O. L. 231.

7197. (2.) Defining ‘‘pure wine;’’ labels. For the purpose of this act the words
‘* pure wine”’ shall be understood to mean the fermented juice of the undried grapes,
without the addition thereto of water, sugar, or any foreign substance whatever; and

All such wines shall be known as ‘‘ pure wine”’ and shall be stamped, branded,
labeled, designated and sold as ‘‘ pure wine,’’ and the name and kind of wine, and
that of the locality where such wine is made, and of the manufacturer, may also be
added; and it shall be unlawful to affix any stamp, brand or label containing the
words ‘‘pure wine’’ (either alone or with other words) on any vessel, package,
bottle or other receptacle containing any substance other than pure wine as in this
section defined, or to prepare, or use on any vessel, package, bottle, or other recep-
tacle containing any liquid, any imitation or counterfeit of such stamp, label or
brand, or any stamp, label or brand of such form and appearance as to be calcu-
lated to mislead or deceive any person, or cause to be supposed that the contents
thereof be pure wine, or to use any vessel, package, bottie or other receptacle, hav-
ing such stamp, brand or label affixed thereon, except for pure wine, as in this sec-
tion defined; and if the name of the manufacturer is added, then only of such
manufacturer’s make, providing the same is pure wine. And any person selling
such wine shall in the invoice thereof plainly state and designate the same as ‘‘ pure
wine.’’—As amended March 26, 1891, 88 O. L. 231.

7198. (3.) ‘‘Wine”’ defined. For the further purpose of this act the word ‘‘ wine”’
shall be understood to mean the fermented juice of undried grapes; provided, how-
ever, that the addition of pure white or crystallized sugar to perfect the wine, or the
using of the necessary things to clarify and refine the wine which are not injurious
to health, shall not be construed as adulterations, but such wine shall contain at
least seventy-five per cent. of pure grape juice, and shall not contain any artificial
flavoring whatever; and

All such ‘‘ wine’’ shall be known as ‘‘wine,’’ and shall be stamped, branded,
labeled and sold as ‘‘ wine,’’ in the same manner as is provided in section two [7197]
of this act in case of pure wine, except the words in this case shall be ‘‘ wine ”’ with-
out the prefix ‘‘ pure’’ and all the provisions of said section two [7197], as far as
applicable, shall govern the manufacture and sale of ‘‘wine’’ as in this section
defined. And any person selling such wine shall in the invoice thereof plainly state
and designate the same as ‘‘ wine’’ without using the prefix ‘‘ pure.’’—As amended
March 26, 1891, 88 O. L. 281.

7199. (4.) ‘‘Compounded wine’’ defined; labeling. For the further purpose of this
act, the word ‘‘compounded wine”’ shall be understood to mean any wine which con-
tains less than seventy-five per cent. of pure undried grape-juice, and is otherwise pure,
and all wines containing alcohol or any other distilled spirits not produced by the
natural fermentation of pure undried grapes, such wine shall be known as com-
pounded wine, and shall be branded, marked, labeled and sold as compounded wine,
and the name of such wine may be added, or such wine shall be branded, labeled
and marked by using the word ‘‘compounded’’ next preceding the name of such
wine, such as ‘‘compounded sweet catawba,”’ or ‘‘compounded port wine,’”’ or the
like (and an addition of pure distilled spirits not to exceed eight per cent. of its
~

468 FOODS AND FOOD CONTROL.

volume shall not be taken to be an adulteration of such wine); and upon each and

every package, barrel or other receptacle of such wine, which shall contain more than
three gallons, there shall be stamped upon both ends of such package, barrel or other
receptacle, in black printed letters at least one inch high and of proper proportion, the
words ‘‘compounded wine’’ or the name of such wine, preceded by the word ‘‘com-
pounded”’ as in this section provided, and upon all packages or other receptacle
which shall contain more than one quart and up to three gallons, there shall be
stamped upon each of said packages or receptacles in plain, printed black letters, at
least one-half inch high, and of proper proportion, the words ‘‘compounded wine,”’’
or the name of such wine, preceded by the word ‘‘compounded,”’ as in this section
provided, and upon all packages, bottles or other receptacles of one quart or less,
there shall be placed a label securely pasted thereon, on which label the words
‘*compounded wine,’’ orthe name of the wine, preceded by the word ‘‘compounded,”’
shall be plainly printed in black letters at least one-fourth of an inch high and of
proper proportion. Should any number of such packages or other receptacle be
inclosed in a larger package, as a box, barrel, case or basket, such outside package
shall also receive the stamp ‘‘compounded wine” or the name of such wine, pre-
ceded by the word ‘‘compounded,’’ the letters to be the size according to the
amount of such wine contained in such outside packages. And any person selling
wine of the kind this section defined, shall in the invoice thereof plainly state and
designate such wine as ‘‘ compounded wine.’’—As amended March 26, 1891, 88, O. L.
231.

7200. (5.) Misbranding; penalty; prosecutions. Any person or persons who shall
sell or offer for sale, or manufacture or cause the same to be done, with intent to
sell any wine stamped or labeled, or branded, or designated in any manner as
‘“pure wine,”’ either by including the word ‘‘ pure’’ with ‘‘wine’”’ alone or in con-
nection with other words, which is not ‘‘ pure wine”’ as is in section two [7197]
of this act defined, or any wine stamped, or labeled or branded, or in any manner
designated as ‘‘ wine,’’ but which is not wine, as in section three [7198] of this act
defined, or shall violate any provision of said sections two [7197] and three [7198] of
this act, or shall sell or offer for sale, or manufacture, or cause the same to be done,
with intent to sell any wine of the kind and character as described in the fourth
section [7199] of this act, which shall not be stamped, marked, or labeled after
the manner and mode therein prescribed, or which is falsely stamped, or marked, or
labeled, such person or persons shall be guilty of a misdemeanor, and shall be pun-
ished by a fine of not less than one hundred dollars or more than one thousand dol-
lars for each and every offense, or by imprisonment in the county jail not less than
thirty days, or more than six months, or both fine and imprisonment, in the discre-
tion of the court, and in addition thereto shall be liable to a penalty of one-half
dollar for each gallon thereof sold, offered for sale, or manufactured with intent to
sell or offer for sale. All penalties imposed by this act, may be recovered with costs
of action by any person in his own name, before any justice of the peace in the
county where the offense was committed, where the amount does not exceed the
jurisdiction of such justice; and such penalties may be recovered in the like manner
in any court of record in the state, but on the recovery by the plaintiff in such case
for a sum less than fifty dollars, the plaintiff shall only be entitled to costs to amount
equal to the amount of such recovery.

It shall be the duty of the prosecuting attorney of the respective counties of this
state, and they are hereby required to prosecute or commence action in the name of
tht state of Ohio, for the recovery of the penalties allowed herein, upon receiving
proper information thereof, and in actious brought by such prosecuting attorney,
one-half of the penalty recovered shall belong to and be paid over to the person or
persons giving the information upon which the action is brought, and the other one-
half shall be paid to the treasurer of the county in which said action is brought,

—_—


_———— ry ™

OHIO. 469

within thirty days from the time of its collection, and such money shall be placed to
the credit of the poor fund of the town, city or township in which the cause of action
arose, after paying therefrom a reasonable attorney fee to the prosecuting attorney
prosecuting such suit, to be fixed and allowed by the court trying such cause. All
judgments recovered in pursuance of the provisions of this act, with interest thereon,
may be collected and enforced by the same means and in the same manner as judg-
ments in other cases. Two or more penalties may be included in the same action.

7201. (6.) Medicated wines, etc., exempt. The provisions of this act shall not apply
to medicted wines, such as are put up and sold for medicinal purposes only; nor to
currant wine or other wines made from fruits, other than grapes, which are plainly
labeled, or branded, or designated and sold, or offered for sale under names including
the word wine, but also expressing distinctly the fruit from which they are made, as
*“gooseberry wine,” ‘‘elderberry wine,’’ or the like.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 8, pp.
1493-1495.

10608. Branding; penalty. Whoever, being engaged in the manufacture and sale
of intoxicating liquor, fails to brand on each package containing the same the name
of the person or company manufacturing, rectifying, or preparing the same, and also
the words ‘‘Containing no poisonous drug, or other added poison,’’ shall be fined
not more than one thousand dollars, and imprisoned not more than six months nor
less than one month.

10609. Adulteration; penalty. Whoever adulterates, except for medicinal or
mechanical purposes, any spirituous or alcoholic liquors, by mixing the same with
any substance, or sells or offers to sell any such liquor, knowing the same to be thus
adulterated, or imports into this state, and sells or offers to sell, any such liquor,
knowing the same to be thus adulterated, and not inspected as required by law,
shall be fined not more than five hundred. nor less than one hundred dollars, and
imprisoned not more than thirty nor less than ten days.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 1, ch. 8, p. 2098.

7189. Standard for casks and barrels. All barrels or casks containing domestic
spirits shall be made of good, well seasoned white oak timber, clear of sap wood,
bound with not less than ten good and sufficient hoops.

7190. Inspectors to brand casks as to quality and quantity of contents. Each inspector
of domestic spirits, appointed under the provisions of this chapter, shall provide
himself with the most common and approved instruments for ascertaining the
capacity of a barrel or cask, and with the hydrometer used by United States inspectors
for ascertaining the strength of spirituous liquors, to test the quality or proof thereof,
and to keep the same in good order; and when called upon for that purpose shall
immediately gauge or ascertain the capacity and contents of any barrel or cask, and
the quality or proof of the contents thereof, and mark on such barrel or cask the true
quantity the barrel or cask will contain, in wine gallons, the amount of wastage, and
the quality or proof of such domestic spirits, with the word ‘‘Ohio,’’ and the name
of the county where inspected.

7191. Liquors to be inspected. The inspector shall inspect all alcoholic liquors
imported into or manufactured in the county in which he is inspector, unless the
same has the inspector’s brand of some other county in this state, which brand shall
be evidence of the purity of the article.

7192. Sale of uninspected liquor; penalty. Any person who sells or offers to sell
any spirituous liquors, not inspected as herein provided, shall be fined in any sum
not exceeding five hundred dollars, nor less than one hundred dollars, and impris-
oned in the jail of the county, not more than thirty, nor less than ten days.
470 FOODS AND FOOD CONTROL.

7193. Inspector’s record; fees and expenses. The inspector shall keep an accurate
account of all liquors by him inspected, and mark on the casks or barrels the word
*‘pure,’’ if so found, and if otherwise, the word ‘‘ impure;’’ and when he finds any
adulterated liquors, he shall give notice to the prosecuting attorney of the county, of
the person owning or offering for sale such adulterated liquors, who shall forthwith
institute proceedings against such persons as hereinafter provided; and if, upon the
trial, he is found guilty of a violation of the foregoing provisions, the inspector shall
forthwith destroy such adulterated liquor; the inspector shall be entitled to receive
for his services, two dollars per day, and mileage at the rate of five cents per mile,
for each mile he may necessarily be required to travel in the discharge of his duties,
from the owner of the same, or the person offering to sell.

7194. Medicinal liquors, etc., exempt. The provisions of this chapter shall not be
so construed as to prevent druggists, physicians, and persons engaged in the mechan-
ical arts, from adulterating liquors for medicinal or mechanical purposes.

7195. Inspector’s fine for dealing in articles inspected. Any person appointed
inspector and gauger of domestic and foreign spirits, or linseed oil, who purchases,
stores, freights, or in anywise deals in the articles he is appointed to inspect or
gauge, either directly or indirectly, shall forfeit and pay, for every such offense, a
sum not exceeding one hundred dollars, and be removed from office.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 8, p. 1498.

10805. False branding; fine. Whoever puts into any barrel, cask, or other vessel,
having the private stamp, brand, wrapper, label, or trade-mark usually affixed by
any maker of wine from grapes grown within the state of Ohio, adulterated liquors,
for the purpose of deceiving any person by the sale thereof, shall be fined not more
than one hundred dollars, or imprisoned not more than twelve nor less than three
months, or both.

10806. False use of casks branded ‘‘pure.’? Whoever puts into any barrel, cask, or
other vessel, branded or marked pure by any inspector in this state, adulterated
liquors, or knowingly sells or offers for sale such liquors in packages so branded,
shall be imprisoned in the penitentiary not more than twelve months.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 1, ch. 11, p. 2135.

10828. Adulteration of domestic wines. Whoever adulterates any wine made, or
juice expressed, from grapes grown within the state of Ohio, by mixing therewith
any drugs, chemicals, cider, whiskey, or other liquor; and whoever sells, or offers to
sell, any such adulterated wine or grape juice, knowing the same to be adulterated,
shall be fined in any sum not more than three hundred nor less than fifty dollars.

10829. Adulteration of liquors; penalty. Whosoever adulterates, for the purpose
of sale, any spirituous, alcoholic or malt liquors used or intended for drink, or medical
or mechanical purposes, with coculus-indicus, vitriol, grains of paradise, opium, alum,
capsicum, copperas, laurel water, logwood, Brazil-wood, cochineal, sugar of lead, aloes,
glucose, tannic acid, or any other substance which is poisonous or injurious to health,
or with any substance not a necessary ingredient in the manufacture thereof; and
whosoever sells or offers or keeps for sale any such liquors so adulterated, shall be
fined in any sum not less than twenty nor more than one hundred dollars, or be
imprisoned not less than twenty nor more than sixty days, or both, at the discretion
of the court. And any person guilty of violating any of the provisions of this section,
shall be adjudged to pay, in addition to the penalties hereinbefore provided for, all
necessary costs and expenses incurred in inspecting and analyzing any such adulter-
ated liquors of which said party may have been guilty of adulterating, or selling, or
keeping for sale, or offering for sale. —As amended March 25, 1882, 79 O. L., 52.


» ae

— OHIO. AG1

10830. Manufacturing or selling poisoned liquors. Whosoever uses any active poison
in the manufacture or preparation of any intoxicating liquor, or sells in any quantity
any intoxicating liquor so manufactured or prepared, shall be imprisoned in the peni-
tentiary not more than five years nor less than one year.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 1, ch. 11, p. 2138.

10849. Forging brand, stamp, label or trade-mark. Whoever wilfully forges or coun-
terfeits any representation, likeness, similitude, copy, or imitation of the private brand,
wrapper, label, or trade-mark usually affixed by any person to or upon the goods,
wares, merchandise, preparation, or mixture of such person, or by any maker of
wine from grapes grown within this state, to the bottles or casks used by him to
contain the same, with the intent to pass off any work, goods, manufacture, wine,
compound, preparation, or mixture, to which such forged or counterfeit representa-
tion, likeness, similitude, copy, or imitation is affixed, or intended to be affixed. 4
as the work, goods, manufacture, wine, compound, preparation, or mixture of such
person, shall be fined not more than five hundred dollars, or imprisoned not more
than twelve months, or both.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 1, ch. 11, p. 2142.
CANDY.

7074. Manufacture and sale of adulterated candy. No person shall manufacture for
sale, or sell or offer to sell any candy adulterated by the admixture of terra alba,
berytes,@ talc, or other mineral substance, or poisonous colors or flavors, or other
ingredients deleterious or detrimental to health.

7075. Samples. Every person manufacturing any candy, or offering or exposing
the same for sale, shall furnish to any person interested or demanding the same, who
shall apply to him for that purpose, and shall tender him the value of the same, a
sample sufficient for the analysis thereof.

7076. Penalties. Whoever refuses to comply, upon demand, with the require-
ments of section 2 [7075], and whoever violates any of the provisions of this act,
shall be guilty of a misdemeanor, and upon conviction, shall be fined not exceeding
one hundred dollars nor less than twenty-five dollars, or imprisoned not exceeding
one hundred nor less than thirty days, or both; and he shall be adjudged to pay in
addition all necessary costs and expenses incurred in the inspecting and analyzing
such adulterated candy, and the same shall be forfeited and destroyed under the
direction of the court.

Passed May 8, 1896. 83 O. L., 119; Laning’s Revised Statutes and Recodified
Laws, 1905, vol. 1, title 5, ch. 8, p. 1477.

CANNED GOODS.

10802. (1.) Sale of unlabeled canned fruits and vegetables. It shall hereafter be
unlawful in this state for any packer or dealer in preserved or canned fruits and veg-
etables, or other articles of food, to offer such canned articles for sale after January
1, 1886, with the exception of goods brought from foreign countries or packed prior
to the passage of this act, unless such articles bear a mark to indicate the grade or
quality, together with the name and address of such firm, person or corporation that
pack the same or dealer who sells the same.

10803. (2.) Labeling of ‘‘soaked’’ goods and cans of maple molasses. All soaked
goods, or goods put up from products dried before canning, shall be plainly marked
by an adhesive label, having on its face the word ‘‘soaked,’’ in letters not less in

@So in Statutes.

10945—No. 69, pt 6—06——2
472 FOODS AND FOOD CONTROL.

size than two-line pica, of solid and legible type; and all cans, jugs, or other pack-
ages, containing maple syrup or molasses, shall be plainly marked by an adhesive
label, having on its face the name and address of the person, firm, or corporation
who made or prepared the same, together with the name and quality of the goods, in
letters of the size provided in this section.—Amended February 23, 1886, 83 O. L., 10;
reenacted April 8, 1886, 83 O. L., 73.

10804. (3.) False or fraudulent stamps or labels; penalty. Any person, firm, or cor-
poration who shall falsely stamp or label such cans or jars containing preserved fruit
or food of any kind, or knowingly permit such false stamping or labeling, and any
person, firm or corporation who shall violate any of the provisions of this act, shall
be deemed guilty of a misdemeanor, and punished with a fine not less than $50 in
the case of vendors, and in the case of manufacturers, and those falsely or fraudu-
lently stamping or labeling such cans or jars, a fine of not less than $500 nor more
than $1,000; and it shall be the duty of any board of health in this state, cognizant
of any violation of this act, to prosecute any person, firm or corporation which it has
reason to believe has violated any of the provisions of this act, and after deducting
the costs of trial and conviction, to retain for the use of such board the balance of
the fine or fines recovered.

Passed April 29, 1885. Laning’s Revised Statutes and Recodified Laws, 1905, vol.
1, title 1, ch. 11, p. 2135.
DAIRY PRODUCTS.4

7107. (1.) Adulterated or diseased milk. Whoever, by himself or by his servant,
or agent, or as the servant or agent of any other person, sells, exchanges or delivers,
or has in his custody or possession with intent to sell or exchange, or exposes or
offers for sale or exchange, adulterated milk, or milk to which water or any foreign
substance has been added, or milk from diseased orsick cows, shall, for a first offense,
be punished by a fine of not less than fifty nor more than two hundred dollars; for
a second offense, by a fine of not less than one hundred dollars nor more than three
hundred dollars, or by imprisonment in the workhouse for not less than thirty nor
more than sixty days; and for a subsequent offense, by a fine of fifty dollars, and by
imprisonment in the workhouse of not less than sixty nor more than ninety days.

7108. (2.) Skimmed milk sold as pure. Whoever, by himself or by his servant or
agent, or as the servant or agent of any other person, sells, exchanges or delivers, or
has in his custody or possession, with intent to sell or exchange, or exposes or offers
for sale as pure milk, any milk from which the cream or part thereof has been
removed, shall be punished by the penalties provided in the preceding section.

7109. (3.) Skimmed milk must be labeled. No dealer in milk, and no servant or
agent of such a dealer, shall sell, exchange, or deliver, or have in his custody or
possession, with intent to sell, exchange or deliver, milk from which the cream
or part thereof has been removed, unless in a conspicuous place, above the center,
upon the outside of every vessel, can or package, from which or in which such milk is
sold, the words ‘‘skimmed milk’’ are distinctly marked in uncondensed gothic letters
not less than one inch in length. Whoever violates the provisions of this section
shall be punished by the penalties provided in section 1. [7107.]

7110. (4.) Milk standards. In all prosecutions under this chapter, if the milk is
shown upon analysis to contain more than eighty-eight per cent. of watery fluid, or
to contain less than 12 per cent. of solids or to contain less than three per cent. of
fats, it shall be deemed for the purpose of this chapter to be adulterated.—As amended
April 20, 1904, Laws of 1904, (House Bill No, 258), p. 119.

Passed April 10, 1889, 86 O. L., 229; Laning’s Revised Statutes and Recodified
Laws, 1905, vol. 1, title 5, ch. 8, p. 1482.

« See also General Food Laws.


OHIO. 473

7111. (1.) Imitation butter and cheese. No person, by himself or his agent, or his
employee, shall render or manufacture for sale out of any animal or vegetable oils,
not produced from unadulterated milk or cream from the same, any article in imita-
tion or semblance of natural butter or cheese produced from pure unadulterated
milk or cream from the same, nor compound with, or add to milk, cream or butter
any acids or other deleterious substance, or animal fats or animal or vegetable oils
not produced from milk or cream, so as to produce any article or substance, or any
human food, in imitation or semblance of natural butter or cheese, nor shall sell,
keep for sale or offer for sale any article, substance or compound made, manufactured
or produced in violation of the provisions of this section, whether such article, sub-
stance or compound shall be made or produced in this state or elsewhere.

7112. (2.) Natural butter and cheese, etc., defined. For the purpose of this act the
terms ‘‘ natural butter and cheese,’’ ‘‘ natural butter or cheese produced from pure
unadulterated milk or cream from the same, butter and cheese made from unadul-
terated milk or cream, butter or cheese, the product of the dairy,’’ and butter or
cheese, shall be understood to mean the products usually known by the terms butter
and cheese, and which butter is manufactured exclusively from pure milk or cream
or both, with salt and with or without any harmless coloring matter, and which
cheese is manufactured exclusively from pure milk or cream or both, with salt and
rennet and with or without any harmless coloring matter or sage. It is further
provided that nothing in this act shall be 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 character, free from any coloring matter or other
ingredient causing it to look like or appear to be butter, as above defined.

71138. (3.) Penalty. Whoever violates the provisions of this act shall be guilty of
a misdemeanor, and be punished by a fine of not less than one hundred dollars, nor
more than five hundred, or not less than six months’ nor more than one year’s
imprisonment, for the first offense, and by imprisonment for one year for each
subsequent offense.

Passed March 7, 1890. 84 O. L., 51; Laning’s Revised Statutes and Recodified
Laws, 1905, vol. 1, title 5, ch. 8, pp. 1482-1483.

7114. (1.) Coloring matter in oleomargarine. No person shall manufacture, offer
or expose for sale, sell or deliver, or have in his possession with intent to sell or
deliver, any oleomargarine which contains any methly [methyl] orange, butter
yellow, annatto, analine dye, or any other coloring matter.

7115. (2.) Placards to be displayed by dealers in oleomargarine. Every person who
shall offer or expose for sale, sell or deliver, or have in his possession with intent to
sell or deliver, any oleomargarine, shall keep a white placard not less in size than ten
by fourteen inches, in a conspicuous place where the same may be easily seen and
read, in the store room, stand, booth, vehicle or place where such substance is
offered or exposed for sale, on which placard shall be printed in black letters, not
less in size than one and one-half inches square, the words, ‘‘ oleomargarine sold
here;’’ and said placard shall not containgany other words than the ones described;
and no person shall sell or deliver any oleomargarine unless it be done under its true
name and each package has on the upper side thereof a label on which is printed in
letters not less than five-eighths of an inch square, the word ‘‘ oleomargarine,’’ and in
letters not less than one-eighth of an inch square, the name and per cent. of each
ingredient therein.

7116. (3.) Placards to be displayed by hotel proprietors, ete. Every proprietor,
keeper, manager or person in charge of any hotel, boat, railroad car, boarding-house,
restaurant, eating-house, lunch-counter or lunch-room, who therein sells, uses, serves,
furnishes or disposes of or uses in cooking, any oleomargarine, shall display and
474 FOODS AND FOOD CONTROL.

keep a white placard in a conspicuous place, where the same may be easily seen and
read, in the dining-room, eating-room, restaurant, lunch-room or place where such
substance is furnished, served, sold or disposed of, which placard shall be in size not
less than ten by fourteen inches, upon which shall be printed in black letters, not
less in size than one and a half inches square, the words, ‘‘oleomargarine sold and
used Here,’’ and said card shall not contain any other words than the ones above
described, and such proprietor, keeper, manager or person in charge shall not sell,
serve or dispose of such substance as for butter when butter is asked for or purported
to be furnished or served.—As amended Feb. 13, 1896, §2 O. L., 28.

7117. (4.) Oleomargurine defined. The word ‘‘ oleomargarine”’ as used in this act
shall be construed to mean any substance, not pure butter of not less than eighty per
cent. of butter-fats, which substance is made as substitute for, in imitation of, or to
be used as butter.

7118. (5.) Penalty. Any manufacturer who violates any of the provisions of this
act shall, upon conviction thereof, be fined in any sum not less than one hundred
dollars nor more than five hundred dollars; and for each subsequent offense, in
addition to the above fine, may be imprisoned in the county jail not more than
ninety days. Any other person violating any of the provisions of this act shall, upon
conviction thereof, be fined not less than fifty dollars nor more than one hundred
dollars.

Passed May 16, 1894. 91 O. L., 247; Laning’s Revised Statutes and Recodified
Laws, 1905, vol. 1, title 5, ch. 8, p. 1483.

7119. (1.) Filled cheese and skimmed cheese. Whoever, by himself or his agents,
sells, exposes for sale, or has in his possession with intent to sell, any article, substance,
or compound made in imitation or semblance of cheese, or as a substitute for cheese,
and not made exclusively and wholly of milk or cream with salt, rennet, and with
or without harmless coloring matter, or containing any fats, oils or grease not pro-
duced from milk or cream, shall have the words ‘‘filled cheese,’’ and all cheese
made exclusively and wholly from milk or cream with salt, rennet, and with or
without harmless coloring matter, and containing less than thirty per cent. of pure
butter fat, shall have the words ‘‘skimmed cheese,’’ stamped, labeled, or marked,
in printed letters of plain uncondensed gothic type, not less than one inch in length,
so that the words cannot easily be defaced, and upon the side of every cheese, cheese-
cloth or band around the same, and upon the top and side of every tub, firkin, box
or package containing any of said articles, substance, or compound. And in case of
retail sales of any of said articles, substance or compound, not in the original package,
the seller shall, by himself or his agents, attach to each package so sold, and shall
deliver therewith to the purchaser, a label or wrapper bearing in a conspicuous place
upon the outside of the package the words “filled cheese’’ or ‘‘skimmed cheese,’’ as
the case may be, in printed letters of plain, uncondensed gothic type, not less than
one inch in length.—As amended April 7, 1898, 938 O. L., 89; and as further amended
April 23, 1904, Laws of 1904 ( House Bill No. 488), p. 252.

7120. (2.) Penalty. Whoever, by himsglf or his agents, sells, exposes for sale, or
has in his possession with intent to sell, any article, substance or compound made in
imitation or semblance of cheese, or as a substitute for cheese, except as provided in
section 1 [7119] of this act, and whoever with intent to deceive, defaces, erases, can-
cels, or removes any mark, stamp, brand, label or wrapper provided for in said sec-
tion, or in any manner shall falsely label, stamp, or mark any box, tub, article, or
package marked, stamped, or labeled as aforesaid, shall be punished by a fine of not
less than fifty nor more than one hundred dollars, or by imprisonment in the county
jail not less than ten nor more than thirty days for the first offense, and by a fine of
not less than one hundred nor more than two hundred dollars, or by imprisonment
: OHIO. 475

in the county jail not less than twenty nor more than sixty days, or both, for each
subsequent offense.

7121. (3.) Penalty. Whoever, by himself or his agents, sells, exposes for sale, to
any person who asks, sends or inquires for cheese, any article, substance or compound
made in imitation or semblance of cheese, or as a substitute for cheese, not made
entirely from milk or cream, with salt, rennet, and with or without harmless color-
ing matter, and containing not @ less than thirty per cent. pure butter fats, shall be
punished by a fine of not less than fifty nor more than one hundred dollars, or by
imprisonment in the county jail not less than ten nor more than thirty days for the
first offense, and by a fine of not less than one hundred nor more than two hundred
dollars, or by imprisonment in the county jail not less than twenty nor more than
sixty days, or both, for each subsequent offense.—As amended April 23, 1904, Laws of
1904 (House Bill No. 453), p. 252.

7122. (4.) Brands and placards on imitation cheese; penalty. Whoever, by himself
or his agents, sells or offers for sale, any article, substance, or compound made in
imitation or semblance of cheese, or as a substitute for cheese not made entirely from
milk or cream, with salt, rennet, and with or without harmless coloring matter, not
marked and distinguished by all the marks, words and stamps required by this act,
and not having in addition thereto upon the exposed contents of every opened tub,
box, or parcel thereof, a conspicuous placard with the words ‘‘filled cheese’’ or
‘‘skimmed cheese’’ as the case may be printed thereon in plain, uncondensed let-
ters, not less than one inch long, shall be punished by a fine of not less than fifty
nor more than one hundred dollars, or by imprisonment in the county jail not less
than ten nor more than thirty days for the first offense, and by a fine of not less than
one hundred nor more than two hundred dollars, or by imprisonment in the county
jail not less than twenty nor more than sixty days, or both, for each subsequent
offense.

7123. (5.) Imitation cheese placard at place of business; penalty. Whoever, by him-
self or his agents, sells ‘‘filled cheese,’’ or ‘‘skimmed cheese’’ or any substance
made in imitation or semblance of cheese, or as a substitute for cheese, not made
entirely from milk or cream, with salt, rennet, and with or without harmless col-
oring matter, from any dwelling, store, office or public mart, shall have, conspicu-
ously posted thereon the placard or sign, in letters not less than four inches in
length ‘‘filled cheese sold here,’’ or ‘‘skimmed cheese sold here’’ as the case may
be. Any person neglecting or failing to post the placard herein provided for shall be
punished by a fine of one hundred dollars for the first offense, and by a fine of one
hundred dollars for each day’s neglect thereafter.

7124. (6.) Imitation cheese placards on sides of vehicle. Whoever, by himself or his
agents, peddles, sells, solicits orders for the future delivery of, or delivers from any
cart, wagon, or other vehicle, upon the public streets or ways, ‘‘filled cheese,’’ or
‘skimmed cheese’’ or any substance made in imitation or semblance of cheese, or as
a substitute for cheese, not made entirely from milk or cream, with salt, rennet, and
with or without harmless coloring matter, not haying on both sides of said cart,
wagon, or other vehicle, the placard in uncondensed gothic letters not less than
three inches in length, “filled cheese’’ or ‘‘skimmed cheese,’’ shall be punished by
a fine of not less than fifty nor more than one hundred dollars or by imprisonment
in the county jail not less than ten nor more than thirty days for the first offense, and
by a fine of not less than one hundred nor more than two hundred dollars or by
imprisonment in the county jail not less than twenty nor more than sixty days, or
both, for each subsequent offense.

7125. (7.) Use of imitations in hotels, etc.; penalty. Whoever, by himself or his
agents, furnishes, or causes to be furnished, in any hotel, restaurant, or [at] any

«So in Statutes.
476 FOODS AND FOOD CONTROL.

lunch-counter ‘‘filled cheese,’’ or ‘‘skimmed cheese”’ or any substance made in imi-
tation or semblance of cheese, or as a substitute for cheese, not made entirely from
milk or cream, with salt, rennet, and with or without harmless coloring matter, to
any guest or patron of said hotel, restaurant, or lunch counter, in the place or stead
of cheese, shall notify said guest or patron that the substance so furnished is not
cheese, and any person so furnishing without said notice, shall be punished by a fine
of not less than ten nor more than fifty dollars for each offense.

7126. (8.) Cheese brands; records; fees; penalty. Every manufacturer of full milk
cheese may put a brand upon each cheese so manufactured indicating ‘‘full milk
cheese,’’ with the date and year when made, and no person shall use such a brand
upon any cheese made from milk from which any of the cream has been taken. The
food and dairy commissioner shall procure and issue to the cheese manufacturers of
the state, upon proper application, which application shall be made on or before the
first day of April, 1896, and on or before the first day of April of each’ year there-
after, and under such regulations as to the custody and use thereof, as he may describe,
a uniform stencil brand bearing a suitable device or motto, and the words ‘‘Ohio
state full cream cheese.’’ Every such brand shall be used upon the outside of the
cheese, cheese cloth or band around the same, and upon the box or package con-
taining the same, and shall bear a separate number for each separate factory. The
said commissioner shall keep a book in which shall be registered the name, location,
and number of each manufacturer using the brand, and the name or names of the
person or persons in each factory authorized to use the same. No such brand shall
be used upon any other but full cream cheese or packages containing the same: pro-
vided, that nothing in this section shall be construed to prohibit the manufacture and
sale of pure skimmed cheese made from milk that is clean, pure, healthy, wholesome,
and unadulterated except by skimming. The commissioner shall receive a fee of one
dollar for each registration according to the provisions of this section, such fee to be
paid by the person applying for such registration. Whoever, by himself or his
agents, violates any of the provisions of this section, shall be punished by a fine of
not less than fifty nor more than one hundred dollars or by imprisonment in the
county jail not less than ten nor more than thirty days for the first offense, and by a
fine of not less than one hundred nor more than two hundred dollars or by imprison-
ment in the county jail not less than twenty nor more than sixty days, or both, for
each subsequent offense.

7127. (9.) Person defined. The word ‘‘person”’ as used in this act, shall include
persons, corporations and companies.

Passed March 3, 1896. O. L. 1896, ch. 92, p. 51; Laning’s Revised Statutes and
Recodified Laws, 1905, vol. 1, title 5, ch. 8, pp. 1483-1485.

7092. (1.) Artificial dairy products; labels. No person shall sell, expose or offer
for sale or exchange, any substance purporting, appearing, or represented to be butter
or cheese, or having the semblance of either butter or cheese, which substance is not
made wholly from pure milk, or cream, salt and harmless coloring matter, unless it
is done under its true name, and each vessel, package, roll or parcel of such substance
has distinctly and durably painted, stamped, stenciled or marked thereon the true
name of such substance in ordinary bold faced capital letters, not less than five line
pica in size, and also the name of each article or ingredient used or entering into the
composition of such substance, in ordinary bold faced letters, not [less] than pica in
size, or sell or dispose of in any manner to another any such substance without deliy-
ering with each amount sold or disposed of, a label on which is plainly or legibly
printed in ordinary bold faced capital letters, not less than five line pica in size, the
true name of such substance, and also the name of such articles used and entering
into the composition of such substance in ordinary bold faced letters, not less than


OHIO. 477

pica in size, if the same be not made wholly from pure milk, or cream, salt and harm-
less coloring matter; and the words ‘‘butter,’’ ‘‘creamery,’’ or ‘‘dairy,’’ or any word
or combination or words embracing the same, shall not be placed on any vessel,
package, roll or parcel containing any imitation dairy product or substance not made
wholly from pure milk, or cream, salt, and harmless coloring matter.—As amended
March 21, 1887, 84 O. L., 182. :

7093. (2.) Manufacture of artificial butter or. cheese. No person or persons shall
manufacture out of any oleaginous substance or substances, or any compound of the
same other than that produced from unadulterated milk or cream, salt and harmless
coloring matter, any article designed to be sold as butter or cheese made from pure
milk or cream, salt and harmless coloring matter. Nothing in this section shall pre-
vent the use of pure skimmed milk in the manufacture of cheese.

7094. (3.) Further restrictions on manufacture. No person or persons shall manu-
facture, mix, compound with or add to natural or pure milk, cream, butter or cheese,
any animal fats, animal, mineral or vegetable oils, nor shall any person or persons
manufacture any oleaginous or other substance not produced from pure milk or cream,
salt and harmless coloring matter, or have the same in his possession, or offer or
expose the same for sale or exchange with intent to sell or in any manner dispose of
the same as and for butter and cheese made from unadulterated milk or cream, salt
and harmless coloring matter, nor shall any substance or compound so made be sold
or disposed of to any one as and for butter or cheese made from pure milk or cream,
salt and harmless coloring matter.

7095. (4.) False branding of imitations. No person or persons shall sell, exchange,
expose or offer for sale or exchange, dispose of or have in his possession any substance
or article made in imitation or resemblance of, or as a substitute for any dairy prod-
uct which is falsely branded, stenciled, labeled or marked as to the place where made,
the name or cream value thereof, its composition or ingredients, or in any other
respect.

7096. (5.) Brands false as to manufactory and quality. No person or persons shall
sell, exchange, expose or offer for sale or exchange, dispose of or have in his posses-
sion any dairy products which are falsely branded, stenciled, labeled or marked as
to the place where made, date of manufacture, the name or cream value thereof, com-
position or ingredients, or in any other respect, and cheese wholly made from skimmed
milk shall have branded upon the box or can ‘‘ made from skimmed milk.”’

7097. (6.) Card to be displayed by dealers in artificial dairy products. Every person
in this state who shall deal in, keep for sale, expose or offer for sale or exchange, any
substance other than butter or cheese made wholly from pure milk or cream, salt and
harmless coloring matter, which appears to be, resembles, or is made in imitation of,
or as a substitute for butter or cheese, shall keep a card not less in size than ten by
fourteen inches, in a conspicuous and visible place where the same may be easily
seen and read in the store, room, stand, booth, wagon or place where such substance
is, on which card shall be printed, on a white ground, in bold, black, Roman letters,
not less in size than twelve line pica, the words, ‘‘ oleomargarine’’ or ‘‘ imitation
cheese ’’ (as the case may be), ‘‘sold here,’’ and said card shall not contain any other
words than the ones above prescribed; and no person shall sell any oleomargarine,
suine, imitation cheese, or other imitation dairy product, at retail or in any quantity
less than the original package, tub or firkin, unless he shall ,first inform the pur-
chaser that the substance is not butter or cheese, but an imitation of the same.—As
amended March 8, 1888; 85 O. L., 74.

7098. (7.) Card to be displayed by keepers of hotels. Every proprietor, keeper, or
manager, or person in charge of any hotel, boarding house, restaurant, eating house,
lunch counter, or lunch room, who therein sells, uses, or disposes of any substance
which appears to be, resembles, or is made in, or as an immitation of, or is made as
a substitute for butter or cheese, under whatsoever name, and which substance is not
478 FOODS AND FOOD CONTROL.

wholly made from pure milk or cream, salt, and harmless coloring matter, shall dis-
play and keep a card in a conspicuous place, where the same may be easily seen and
read in the dinning, eating, resaturant, and lunch room, and place where such sub-
stance is sold, used, or disposed of, which card shall be white and in size not less
than ten by fourteen inches, upon which shall be printed in plain, bold, black Roman
letters, not less in size than twelve-line pica, the words “ oleomargarine sold and
used here,’’ or ‘‘imitation cheese sold and used here”’ (as the case may be), and
said card shall not contain any other words than the ones above described, and such
proprietor, keeper, manager, or person in charge shall not sell, furnish, or dispose of
such substance as and for ‘‘ butter and cheese,’’ made from pure milk or cream, salt,
and harmless coloring matter, when butter or cheese is asked for.—As amended
March 8, 1888, 85 O. L., 74.

7099. (8.) Fraudulent shipments. No person or persons shall pack, box, inclose,
ship or consign any substance, as butter or cheese made from pure milk or cream,
salt and harmless coloring matter, in such a manner as to conceal an inferior article
by placing a finer grade of butter or cheese upon the surface of the same.

7100. (9.) Sale to factories of diluted milk; false accounts. No person or persons
shall sell to any person, or deliver or carry or cause to be carried to any cheese or
butter factory to be manufactured, any milk diluted with water or in any way
adulterated, or from which any cream has been taken, or milk commonly known as
“‘skimmed milk,’’ or milk from which [the] part known as “‘strippings’’ has been
withheld with the intent to defraud, or keeps or renders any false account of the
quantity or weight of milk furnished at or to any factory for manufacture or sold to
any manufacturer.

7101. (10.) Impure and skimmed milk. No person or persons shall sell, exchange,
or offer for sale or exchange, any unclean, impure, unhealthy, unwholesome milk,
or sell, exchange, or offer for sale or exchange as ‘“ pure milk,’’ milk diluted with
water or milk known as skimmed milk.

7102. (11.) Milk falsely labeled, etc. No person or persons shall sell, exchange,
expose, or offer for sale or exchange, have in his possession or dispose of in any
manner, any milk which is falsely branded, labeled, marked or represented as to
grade, quantity or place where produced or procured.

7103. (12.) Unhealthy cows, etc. No person shall keep cows for the production of
milk for any purpose, in a cramped or unhealthy condition, or feed them on unhealthy
food, or upon food that produces impure, unhealthy or unwholesome milk.

7104. (13.) Condensed milk. No person shall manufacture, sell, exchange, expose
or offer for sale or exchange, any condensed milk, unless the package, can or vessel
containing the same shall be distinctly labeled, stamped or marked with its true
name, brand, by whom and under what name made, and no condensed milk shall
be made, exchanged, exposed or offered for sale or exchange, unless the same be
made from pure, clean, healthy, fresh unadulterated and wholesome milk, from
which the cream has not been removed, or unless the proportion of milk solids con-
tained in the condensed milk shall be in amount the equivalent of twelve per centum
of milk solids in crude milk, and of such solids, twenty-five per centum shall be fat.

7105. (14.) State institutions. No butter or cheese not made wholly from pure
milk or cream, salt and harmless coloring matter, shall be used in any of the char-
itable or penal institutions of the state.

7106, (15.) Penalties. Any person or persons violating any of the provisions or
sections of this act shall, upon conviction thereof, be fined not less than fifty or
more than two hundred dollars for the first offense, or for each subsequent offense
not less than one hundred dollars or more than five hundred dollars, and be impris-
oned not less than ten days or more than ninety days, or both.

Passed May 17, 1886. O. L., 1886, ch. 83, p. 178; Laning’s Revised Statutes and
Recodified Laws, 1905, vol. 1, title 5, ch. 8, pp. 1480-1482.


alk

OHIO. ; 479

7138. Packing and inspection of butter and lard. All butter and lardshall be packed
in tight and well seasoned firkins or kegs, on each of which shall be marked with a
marking iron, the tare and net weight of the butter or lard therein contained; and
the inspector or his deputy shall bore each firkin or keg of butter or lard, and by exam-
ining diagonally from one head to the other, with a hollow instrument or searcher,
so as to be able to discover the quality of the whole, ascertain that it is clear of
mold, or a rancid or musty taste; in which case he shall brand the same, as provided

in section 7063 [4278].

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 8, p. 1486.

7447. Records of butter and cheese factories. Every person engaged in the busi-
ness of manufacturing butter or cheese, or both, for others, shail keep full and accu-
rate accounts of the business, which books and accounts shall show the exact weight
of the milk received from others to be manufactured, and the exact weight of the
product thereof in butter or cheese, or both; and if milk is received from more than
one person, and mixed in the manufacturing thereof, the books and accounts shall
show the exact weight of the milk received from each, and the product shall be at
the end of the month awarded ratably among the persons whose milk was used
therein.

7448. Records of sales by manufacturer. li the manufacturer is authorized to sell
the product, the books and accounts shall also show each sale of the product, the
place where, and to whom sold, and the price at which sold, the gross proceeds, the
commission or compensation, and the net share of each person whose milk was used
in the manufacture; and dividends on sales shall be made and paid as contracted for
by and between the parties.

7449. Books open to inspection; penalties. The books and accounts above required
to be kept, shall be open to the examination of any person interested therein, who
shall have the right to take a copy of any account in which he is interested, such
examining and copying to be done only at reasonable hours, and without interfering
with the keeping of the accounts; and any manufacturer failing to keep the books
and accounts herein named, and in the manner herein specified, or who shall
unreasonably prevent or obstruct the examination or copying thereof, as aforesaid,
or who shall for three days after the time specified in section 7448 [4373 b] of this act,
demand therefor, refuse or neglect to deliver to any person the share of the product
of such manufacturer, to which he is entitled, or refuse or neglect to pay to any
person the share of the proceeds of sale to which he is entitled, shall thereby
forfeit all commission or compensation to which he would otherwise be entitled; and
shall also be liable for the milk received, to be manufactured, or manufactured and
sold, at the highest market price, during the month in which it was delivered:
provided, that sections 7447 [4373a], 7448 [4373b] and section 7449 [4373c] shall
apply to companies, firms, and corporations engaged in said manufacture, as well as
individuals.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 12, pp.
1544-1546.

$506. Inspectors; veterinarian’ s certificate; powers of board of health. The board of
health may appoint such number of inspectors of dairies, slaughter-houses, shops,
wagons, appliances, food and water supplies for animals, milk, meat, butter, cheese
and substances purporting to be butter or cheese, or having the semblance of butter
or cheese and such other persons as may be necessary to carry out the provisions of
this chapter, define their duties, and fix their compensation, and the health officer
may be appointed and authorized by said board to perform all the duties of such
inspectors; and such inspectors may, for such purpose, enter any house, vehicle, or
480 FOODS AND FOOD CONTROL.

yard; and the board of health shall keep for public inspection a record of the names,
residences, and places of business of all persons engaged in the sale of milk or meat,
and may require permits, to be renewed semi-annually and for which a charge of not
more than fifty cents may be made, after inspection, to vend either milk or meat,
and the board may refuse to grant such permit or revoke one already given if, upon
inspection, the cows or milk are found to be kept in an unsanitary condition; and
the board may require a certificate from a licensed veterinarian showing the cows
furnishing milk brought for sale within its jurisdiction are free from tuberculosis or
other dangerous disease, and should scarlet fever, typhoid or other dangerous con-~
tagious or infectious disease occur in the family of any dairyman or among his
employes, or in any house in which milk is kept for sale, it shall be the duty of such
dairyman or vendor of such milk to immediately notify the health officer of the city,
village or hamlet in which such milk is sold, or is offered for sale, of the facts of the
case, and the health officer may order the sale of such milk stopped, pending an
investigation to be made without delay, and for such time thereafter as the board of
health may require; and the board of health may make and enforce such orders as
it may deem necessary to prevent the sale of impure, adulterated and unwholesome
milk, or milk liable to carry disease.

3507. Inspectors’ authority; sampling and analysis. All dairies, including the cows,
cow stables, milk-houses, and milk-vessels, the owners of which offer for sale within
the limits of the corporation milk or butter manufactured by such owners, shall be
subject to inspection by the inspectors, and also any manufactory of butter or cheese,
or place where such substances or either of them are sold, shall be subject to inspec-
tion by the inspectors; the inspector may enter any place where milk is sold, or kept
for sale, and all carriages used for the conveyance of milk within the corporate limits;
and also any manufactory or place where butter or cheese, or substances having the
semblance of butter or cheese, are manufactured, or any place where such substances
are sold, or kept for sale within the corporate limits; and whenever he has any reason
to believe milk found therein is impure or adulterated, or any butter or cheese, or
substances haying the semblance of butter or cheese found therein contain any
impure, unwholesome or deleterious substances, or is being sold or offered for sale
under any false, or deceptive name or designation, that any butter or cheese not made
from pure cream or milk, or any substance having the semblance of butter or cheese, is
being sold or offered for sale, without being branded or stamped, as required by sec-
tion 7090, he shall take specimens thereof, and subject them to satisfactory tests; or,
if the board of health so direct, to chemical analysis, the result of which he shall
record and preserve as evidence, and a certificate of such result, sworn to by the
analyst shall be admissible in evidence in all prosecutions under this chapter, or any
law of this state.

Laning’s Revised Statutes and Recodified Laws, 1905, vol 1, title 12, diy. 6, ch. 1,
p. 742.

7128. (1.) Babcock test. In the use of the Babcock test, the standard milk, meas-
ures or pipettes, shall have a capacity of 17.6 cubic centimeters; and the standard
test tubes or bottles for milk, shall have a capacity of 2 cubic centimeters for each
10 per cent marked on the necks thereof; the standard unit of cream for testing shall
be 18 grams, and it is hereby made a misdemeanor to use any other standards of
milk or cream measure where milk or cream is purchased by or furnished to cream-
eries or cheese factories and where the value of said milk or cream is determined by
the per cent. of butter fat contained in the same by the Babcock test.

7129. (2.) Graduated apparatus. Any manufacturer, merchant, dealer, or agent
in this state who shall offer for sale or sell a milk pipette or measure, test tube or
bottle, which is not correctly marked or graduated, as herein provided, shall be



. OHIO. 481

guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided
in section 4 [7131] of this act.

7130. (3.) Correct testing. Itshall be unlawful for the owner, manufacturer, agent,
or any employee of a cheese factory, creamery or condensed milk factory or other
place where milk is tested for quality or value to manipulate or under-read or over-
read the Babcock test or any other contrivance used for determining the quality or
_ yalue of milk or cream or to make any false determination by said Babcock test or
otherwise.

7131. (4.) Penalty. Whoever shall violate any of the provisions of this act shall
be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine

of not less than twenty-five dollars nor more than one hundred dollars.

Approved April 23, 1904. Laws of 1904, (House Bill No. 341), p. 285; Laning’s
Revised Statutes-and Recodified Laws, 1905, title 5, ch. 8, pp. 1485-1486.

| FISH.

7150. Inspection. Any person taking, in the waters of this state, or bringing or
importing into this state, any fish, taken in any waters without this state shall, imme-

_ diately on bringing such fish on shore, or importing the same into any port or county

in this state, except shad, mackerel, and herring, and before any part thereof are

~ sold are bartered, in barrels or casks, or offered for sale or bartered within this state,
cause such fish to be inspected and branded by the inspector, at the port or place at
which the same are landed, or brought into this state.

7151. Penalty. Every person neglecting or refusing to comply with the provisions
of the preceding section, shall forfeit and pay for each and every hundred pounds
weight of fish so by him sold, or offered forsale, without being inspected and branded
as aforesaid, the sum of five dollars, to be recovered by civil action, before any court
having jurisdiction thereof, with costs of suit; which suit may be prosecuted in the
name of the state.

7152. Barreled fish—inspection and records. All fish hereafter sold in barrels or
half-barrels in this state, shall be contained in barrels or half-barrels of the descrip-
tion hereafter specified; and before offered for sale, shall be inspected by some
inspector, appointed under this chapter, who shall, immediately on application for
that purpose, either by himself or deputy, attend and perform the duties of his
appointment, and make and keep entries thereof, as provided in section 7065 [4280].

7153. Construction of barrels; packing regulations. All fish barrels shall be made
of good, sound, and seasoned timber, of such kind as the inspector deems sufficient;
and shall be well bound with at least twelve sufficient, smart hoops, or eight flat
hoops, not less than two inches broad, secured with at least three nails in each chime
hoop, and shall contain two hundred pounds weight of clean fish in each barrel, and
one hundred pounds weight of clean fish in each half-barrel; and only one species of
fish shall be put or packed into the same barrel or half-barrel; and such fish shall
be salted with a quantity of salt, not less than fifty pounds of coarse salt, or fifty-six
pounds of fine salt, to each barrel, and in the same proportion to each half-barrel.

7154. Brands; fee. The inspector, when inspecting any fish, shall cause the same
to be opened and examined, and ascertain that such fish have been properly cleaned
and salted, and that the same are of one species and of good quality, and shall cause
the same to be packed in scribed@ by the board and be subject to such rules and
regulations as it may adopt. In good and sufficient barrels or half-barrels, and the
requisite quantity of salt applied, or so much as the inspector may deem necessary
for preserving such fish when, in the opinion of such inspector, the same has not
been done; and shall brand, or cause the same to be branded, on the head of each



j @4So in Statutes,
482 FOODS AND FOOD CONTROL. ~

barrel or half-barrel the word ‘‘Ohio,’’? the name of the port or county where
inspected, the species of fish, the word and figure ‘‘No. 1,’’ or ‘‘ No. 2,”’ as the same
may be of the first or second quality, and the initial letter of such inspector’s chris-
tian name, and his surname in full; and the fees of the inspector for inspecting half-
barrels of fish shall be fifteen cents.

7155. Cooper’s brand. Each cooper, master cooper, or owner of a coopershop, or
other person making casks, barrels, firkins, or other vessels which have to be
inspected by any inspector, shall brand or cause to be branded on the head of each
cask, barrel, firkin, or other vessel by him made, so to be inspected, the initial letter
of his christian name, and his surname in full, with the word ‘‘cooper’’ on its right; the
‘inspector, for the want of such brands, shall condemn all such vessels; and when
any barrel, cask, or other vessel to be inspected has the brand of the cooper as
aforesaid, and the same is condemned by the inspector, he shall, when so required
by any person interested, certify the cause of the inefficiency of such barrel, cask or
other vessel, whether the cause,of such inefficiency is in the cooperage, or whether
it arises from the age, or bad or improper usage of the same after it left the cooper’s
hands.

7156. Weight regulations. every package or vessel being or purporting to be a fractional part of a barrel of fish,
shall contain a like fractional part of two hundred pounds net, of fish, exclusive of
salt, brine, and paekage; and every barrel or other vessel of fish put up or sold in
this state, shall have the number of pounds of fish contained therein distinctly
branded upon the head thereof.

7157. Fish dealer's bond. Every person or firm engaged in packing, repacking, or
selling packed fish in this state, may enter into bond to the state, with sufficient
surety to the satisfaction of the clerk of the court of common pleas of the county
wherein such person or firm is so engaged, in the penal sum of five thousand dollars,
conditioned for the putting up, packing, or repacking, and branding of fish, accord-
ing to law, which bond shall be deposited and kept in such clerk’s office, and may be
proceeded on by any person aggrieved by reason of the non-compliance with any
condition thereof.

7158. Bonded dealer may inspect and brand fish; liability. Every person or firm so
entering into bond, may inspect and brand all fish so put up, and packed or sold by
him or it; but the brand shall set forth the full name and place of business of such
person or firm, the quality, kind, and weight of fish, so put up or sold; and such
brand shall be a full guaranty of the facts so set forth, and for any breach thereof,
such person or firm shall be liable on such bond.

7159. Brand of weight, quality and kind; penalty. No person shall put up or pack
any barrrel or other vessel, without the weight, quality, and kind of fish contained
therein, being branded thereon, or knowingly to sell or offer for sale any such barrel
or other vessel of fish put up without being so branded, or having in fact less quan-
tity or a different quality or kind than that represented in the brand, unless the
variation is distinctly and plainly noted in writing upon a card fastened upon the
head of such barrel or vessel at the time of the sale or of the offer to sell; and every
person so offending shall, for every such offense, forfeit and pay a penalty not less
than ten nor more than one hundred dollars and costs, recoverable before any justice
of the peace having jurisdiction, at the suit and for the use of any person aggrieved,
and shall, moreover, be liable in an action for damages.

7160. Disposal of offal; penalty. Every person who hereafter takes any fish, to the
amount of one or more barrels, within any of the waters of this state, shall bury the
offals at least two and a half feet beneath the surface of the earth, or burn the same,
within one day after such fish are taken and cleaned; and any person refusing or
neglecting to comply with the provisions of this section, shall be fined in any sum


qa!

P
,

OHIO. : 483

not exceeding fifty nor less than five dollars, with costs of suit, before any justice of
the peace of the county in which the offense is committed, on the complaint of any
person.

_ Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 8, pp.
1488-1489.

7182. Unmerchantable if barrels do not conform to law; repacking. Ti, on view, the
inspector or his deputy, called upon for that purpose, find that any of the barrels,
firkins or kegs, heretofore mentioned, [See also Sec. 7170-7179—Salt] are not made
in conformity with the provisions of this chapter, he shall desist from any further
inspection of the contents, and judge the same unmerchantable, and thereupon con-
demn and brand, or mark such barrel or other cask accordingly; but nothing in this
section contained, shall be so construed as to prevent a repacking of such articles in
proper and sufficient barrels and casks; and when done, may be inspected and passed,
if found good and merchantable, as in other cases under this chapter.

7183. Inspector’s liabilities; fine. If any inspector or deputy inspector fails or
neglects to perform the duties annexed to his office, or purchases stores, freights, or
in any wise deals in any article he is appointed to inspect, or is convicted of partial-
ity, or of having acted contrary to the directions of this chapter, he shall forfeit and

pay, for every such offense, a sum not exceeding fifty dollars, with costs of suit, to
‘be recovered before any court having jurisdiction thereof, for the use of the county,
and shall moreover be removed from office, and be liable to the party injured for

damages.

7184, Light weight of any packed food; penalty. Any manufacturer of flour or meal,
or packer of meat, butter, lard, or any other packed article sold by weight, who
undermarks the tare upon any hogshead, cask, box, or barrel, or part thereof, or
puts therein a less quantity than that marked or branded thereon as specified by law,
shall forfeit the hogshead, cask, box or barrel, or part thereof, and half the contents

_ therein contained, one-fourth of the whole contents to go to the party injured, who

shall prosecute for the same, together with such other damages as he may sustain,
and the other fourth to the use of the poor of the township where the conviction is
had, the balance to be accounted for to the manufacturer or packer, who shall be
notified by the inspector; but such forfeiture shall not take place, nor conviction be
had, when the light weight has been occasioned after leaving the manufacturer or
packer, provided such packing has been done according to law.

7185. Inspector’s certificates. When the inspector condemns any of the articles in
this chapter enumerated, he shall forthwith, on demand, deliver to the owner thereof,
or his agent, a certificate, distinctly setting forth the time, place, and cause of such
condemnation; and when any of such articles have been inspected and declared of
good quality and merchantable, he shall, on demand as aforesaid, deliver a certificate
thereof, for the benefit of the owner thereof.

7186. Fees. The inspectors appointed under this chapter shall receive the follow-
ing fees for their services, namely: For each barrel of wheat flour or rye flour,
three cents; for each barrel of buckwheat meal, two cents; for each barrel of domestic
spirits, five cents; for each barrel of biscuits, six cents; for each firkin or keg of butter
or lard, three cents; for packing and inspecting each barrel of pork or beef, twenty
cents; for each hali-barrel thereof, fourteen cents; for packing, examining and in-
specting each barrel of fish, twenty cents; and for inspecting each barrel of pot or
pearl ashes, twelve cents.

7187. Offenses of inspectors; penalty. An inspector or deputy inspector who demands
or receives any greater sum than is provided in the foregoing section, or directly or
indirectly purchases any article by him inspected, and condemned as unfit for expor-
tation, or in any wise unsalable or unmerchantable, shall forfeit and pay, for every
484 FOODS AND FOOD CONTROL.

such offense, a sum not exceeding fifty dollars, together with costs of suit, to be
recovered before any court having jurisdiction thereof.

7188. Municipal inspectors. This chapter shall not in any manner affect or take
away the power to appoint inspectors granted to any municipal corporation.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 8, p. 1492.

FLOUR.

7066. Flour casks; quality brand; inspection. All flour and meal shall be packed
in well-made casks of seasoned timber, twenty-seven inches in length, when finished,
with a cut head of seventeen and one-half inches, tightly bound, with ten smart
hoops, or six flat hoops two inches broad, secured with four nails in each end hoop,
and three nails in each outward bilge hoop; each barrel to contain one hundred and
ninety-six pounds of flour or meal, and the tare of the cask shall be marked on the
head of each barrel of flour or meal, by the miller, with a marking iron; and the
weight of the flour or meal shall be branded on the cask, with a branding iron, to be
by him provided for that purpose; and when flour or meal is exhibited for inspec-
tion, the inspector shall bore and search the same with a proper instrument, so as to
ascertain if it be sweet, and of the kind and quality marked by the miller; and if he
judge it sweet and of good quality, he shall plug up the hole tight, and cause the
same to be branded, as is prescribed in section 7065 [4280]; but if, on examination,
the flour or meal is found to be sour, or of bad quality, or not merchantable, it shall
be condemned; but if merchantable, though of a quality inferior to, or different -
from, that represented by the miller’s brand, such brand shall be erased, and the
proper quality marked thereon by the inspector.

7067. Miller’s brand; penalty. Each miller or mill owner shall brand or cause to
be branded, on the head of each barrel or side of each sack the weight and quality
of the flour or meal contained therein, and the initial letter of his christian name
and his surname in full; or if the mill is owned or operated by more than one person,
then the name of such persons or company; and if any miller, mill owner or com-
pany shall neglect so to brand the same, or shall pack or expose for sale flour or meal
in any barrel or sack of a less quantity or poorer quality than branded thereon, he
or they shall forfeit and pay for each offense the sum of ten dollars for the use of the
county, and shall be further liable to any party injured in double the amount of
damages sustained.

7068. Blank packages of flour. A miller or mill owner manufacturing flour for par-
ties having private brands, may place the name and brand of such parties upon the
barrels or sacks containing the flour so. manufactured, or the flour may be shipped
by the miller or mill owner in blank packages to such parties, who shall place thereon
their names and brands before offering the same for sale; and the parties receiving
flour in blank packages shall be liable to the penalties of this chapter whenever the
same is offered for sale before the name and brand of the parties so receiving the flour
is stamped upon the packages containing it.

7069. Unmerchantable flour, etc., penalty. A miller or other person who packs, or
causes to be packed, any bran, shorts, middlings, or unmerchantable flour, with
intent to defraud any person, shall forfeit and pay for every such offense not less than
one hundred nor more than five hundred dollars, for the use of the county, to be
recovered before any court of competent jurisdiction, and, moreover, be liable to the
action of the party injured for damages; and the statement of the amount and quality
so placed upon such barrels or sacks shall be taken and held to be a warranty of the
facts stated.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 8, pp. 1475-
1476,


es, OHIO. 485

(9189. Biscuit casks; branding and inspection. All casks wherein biscuit are packed
for exportation shall be of the same size and quality as those specified for flour in this
chapter; the tare and net weight marked thereon with a marking iron, a true invoice
of which shall be delivered by the owner to the inspector, or his deputy, when called
on to inspect the same; and the inspector or his deputy shall thereupon proceed to
unhead each cask and inspect the same, and if he judge it to be good and merchant-
able, he shall brand the same as directed by section 7063 [4278].

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 8, p. 1487.

ICE.

3499. Permit for cutting ice. No ice shall be cut for the purpose of being sold or
used for domestic purposes in any city or village of this state from any pond, lake,
creek or river within the limits of any such city or village, unless a permit there-
for shall first be obtained from the board of health of such city or village, and no

_ person or persons shall sell or deliver any ice in any city or village in this state for
domestic purposes without first obtaining a permit therefor from the board of health
ef such city or village, and it shall be lawful for any such board of health to refuse a
permit and to revoke any granted by them, as aforesaid, when in their judgment the

use of any ice cut or sold, or to be cut or sold, for domestic purposes, under the same
is or would be detrimental to the public health.

~ $500. Board of health may prohibit use of ice if unsuitable. The board of health of
any city or village may prohibit the sale or use of any ice for domestic purposes
within the limits of such city or village when, in their judgment the same is unfit for
use, and the use of the same would be detrimental to the public health and the said
board may prohibit and through its officers stop, detain, and prevent the bringing
of any such ice for the purpose of sale or use for domestic purposes into the limits of

_ such city or village, and also in the same manner stop, detain and prevent the sale
of any such ice for domestic purposes within the limits of such city or village when,
in their judgment the same is unfit for use, and the use of the same would be detri-
mental to the public health, and the said board may prohibit and through its officers
stop, detain and prevent the bringing of any such ice for the purpose of sale or use
for domestic purposes into the limits of any such city or village, and also in the same

_ manner stop, detain and prevent the sale of any such ice for domestic purposes found
within the limits of such city or village.

_ 8501. Penalty. Whoever violates any provisions of this act, or any order or regu-
lation of the board of health made in pursuance thereof, shall be fined in any sum

- not exceeding one hundred dollars.

Act of April 16, 1900, as amended April 29, 1902, Laws of 1902, No. 68, p. 330;
Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 12, div. 6, ch. 1,
pp. 740-741.

MAPLE PRODUCTS.

7132. (1.) Maple-sugar and sirup—defjinition. Maple sugar, or pure maple sugar,
and maple syrup, or pure maple syrup, shall be the unadulterated product produced
by the evaporation of pure sap from the maple tree.

7133. (2.) Maple sugar and sirup—standard. The standard of weight of a gallon
of maple syrup of 231 cubic inches in the state of Ohio, shall be eleven pounds. Any
other substance mixed with maple sugar or maple syrup or any other substance
purporting to be maple sugar or maple syrup of less weight than eleven pounds to the
gallon of 231 cubic inches shall be deemed to be an adulteration of such substance.

7134. (3.) Adulterated maple sugar and sirup. Any person who shall manufacture
for sale, offer for sale, or have in his possession with intent to sell, or sell or deliver
486 FOODS AND FOOD CONTROL.

as and for maple syrup or maple sugar any adulteration of maple syrup or maple
sugar as herein defined shall, upon conviction, be punished as provided in section 6
[7137] of this act.

7135. (4.) Maple products—branding. Any person who shall offer for sale, have
in his possession with intent to sell, or sell or deliver as and for maple syrup, or as
and for maple sugar, any articles which do not bear the name and address of the
packer and also the state, territory or country in which the goods were produced, in
plain legible type upon the label, shall upon conviction, be punished as provided in
section 6 [7137] of this act.

7136. (5.) Misbranding of adulterated products. Any person who shall offer for
sale, have in his possession with intent to sell, or sell or deliver any adulteration of
maple syrup or maple sugar in any box, can, bottle or other package having the
word ‘‘ Maple”’ or any compounding of this word, as the name or part of the name
of the syrup or sugar or any device or illustration suggestive of maple syrup or sugar
or the manufacture thereof, shall, upon conviction, be punished as provided in sec-
tion 6 [7137] of this act.

7137. (6.) Penalty. Any person who violates any of the provisions of this act
shall be guilty of a misdemeanor and upon conviction shall be fined not less than
fifty nor more than two hundred dollars and shall pay the costs of prosecution.

(7.) Repeal. The above mentioned original act, passed April 16, 1900, is hereby
repealed and this act shall take effect sixty days after its passage.

Approved March 24, 1904. Laws of 1904, (Senate Bill No. 79), p. 46; Laning’s
Revised Statutes and Recodified Laws 1905, vol 1, title 5, ch. 8, p. 1486.

MEAT.¢

7070. Construction of barrels. All barrels for beef or pork shall be made of sound,
well-seasoned whiteoak timber, clear of sap wood, twenty-nine inches in length
when finished, with a cut head of seventeen and a half inches in diameter, tightly
bound with strong hoops, one-third of the length thereof, at each end; and when
packed and headed up, the outward hoop on each end shall be secured with four
nails of suitable size.

7071. Construction of half-barrels. All half-barrels for beef or pork, shall be made
of sound, well-seasoned white oak timber, clear of sap, twenty-four inches in length, ©
with a cut head fourteen inches in diameter, bound with hoops one-third the length
of such half-barrel, at each end; the outward hoops thereof being secured with at least
three nailsof suitable size.

7072. Packing regulations; grades of beef. Each barrel of beef or pork, put up for
exportation, shall contain two hundred pounds weight of sound, clean, well slaugh-
tered meat, and such only as is well fattened, which shall be denominated as follows:
‘“Mess beef,’’ shall be cut, as nearly as possible, into well formed pieces of ten pounds,
so that twenty pieces shall make the weight, and shall be well assorted, excluding
legs, leg rounds, necks and shoulder clots; ‘‘ prime beef,’’ shall be cut in like manner,
and shall be well assorted, but may include not exceeding two leg rounds leaving out
the point of the neck and all clotted pieces; fifty pounds of clean, fair, dry salt, and
four ounces of salt peter shall be put into each barrel; and when the barrel is packed
and headed, it shall be filled up with strong pickle.

7073. Grades of pork. Each barrel of ‘‘ prime pork’’ shall consist of twenty-five
pieces, weighing eight pounds each, as nearly as possible, making two hundred
pounds, which may include one head and a half, and six shanks, excluding the legs,
ears, and snouts, so as to be composed of the assorted meat of one hog and a half; or



@See also General Food Laws and Dairy Products.


OHIO. 487

in lieu thereof, three shoulders, one head and a half, exclusive of the legs, snouts,
and ears, and remainder in side pieces. Each barrel of ‘‘ mess pork”’ shall consist
of twenty-five pieces, of eight pounds weight, each, as nearly as possible, making
two hundred pounds of pork, taken from the middlings or sides of hogs weighing
upward of two hundred pounds each. Each barrel of ‘‘navy pork”’ shall consist of
twenty-five pieces, of eight pounds each, as nearly as possible, making two hundred
pounds of pork, assorted, excluding all shanks and faces, no hog to weigh less than
one hundred and fifty pounds net. The pieces of pork shall be packed on the edge,
with at least fifty pounds of clean, fair salt, and two ounces of salt peter, to each
barrel; and when thus packed and headed each barrel shall be filled up with strong
pickle.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 8, p. 1477.
SALT.

7170. Constructions of barrels; branding. All manufacturers of salt in the state
shall have the same well and sufficiently drained, and packed in good barrels, made
of good, sound, seasoned timber; the head and bilge hoops to be well nailed with
not less than four nails in each hoop; one head shall be bored with some metallic
instrument not Jess than one inch in size; the name of the manufacturer shall be
distinctly branded on the head of each barrel; and all salt sold at the manufactory
shall be marked with the net weight in figures, directly under the same, with good,
durable paint.

4171. Fine. Any manufacturer refusing to comply with the next preceding
section, shall be fined for each offense the sum of fifty cents per barrel, which may
be collected before any court having jurisdiction thereof, in a civil action, by any
person taking cognizance of the same.

4172. Exemption. Nothing in this chapter shall be so construed as to prohibit
the manufacturers from shipping salt in bulk.

7173. Inspection of imports. All salt manufactured out of and imported into this
state, in barrels or casks, at any place where an inspection of salt is established,
unless previously inspected before the same is sold, removed, or shipped from the
place of landing, or before the same shall be permitted to enter this state, shall be
inspected as hereinafter directed; but nothing in this chapter shall be so construed
as to subject salt to be inspected that is landed and intended to be reshipped to any
other state.

7174. Exemption. Nothing in this chapter shall be so construed as to require the
reinspection of any salt imported from, and previously inspected in accordance with
the laws of, any other state of the United States.

7175. Sampling; grades; branding. Every inspector of salt, appointed under the
provisions of this chapter, shall immediately thereafter, provide himself with an
auger, such as is used by the inspectors of flour, and shall bore a hole in the head of
each barrel or cask by him inspected, not exceeding one inch in diameter, and shall
run the auger through to the other end of such barrel or cask, in a diagonal direction,
and shall procure a fair sample of the salt; and if the salt is of the first quality, he
shall inscribe on the head thereof, in fair and legible characters, ‘‘ No. 1,’’ and if of
the second quality, he shall inscribe in like manner, ‘‘ No. 2,’’ and if of a very inferior
quality, he shall inscribe the letter ‘‘ R,’’ thereon, which will stand for ‘‘refused,’’
or ‘‘rejected,’’ which he shall cause to be branded above his name; and he shall
cause a brand to be made for that purpose.

7176. Fee. The inspector shall receive from the person who owns or has charge
of the salt, at the time of the inspection, three cents for each barrel or cask by him
inspected.

10945—No. 69, pt 6—06——3
488 FOODS AND FOOD CONTROL.

7177. Inspection of imported salt. Importers of salt shall call upon the inspector,
and place the salt in some convenient situation to be inspected; and the inspector
shall inspect and brand the same with all reasonable dispatch.

7178. Fine for selling without inspection. Any person who sells any salt, liable to
inspection by this chapter, at any place where an inspection is established, or
removes or permits the same to be removed from the place of landing, without
having the same inspected, shall forfeit and pay the sum of one dollar for each and
every barrel or cask by him sold, removed or permitted to be removed, to be
recovered in a civil action in the name of the state, by any person suing for the same,
before any justice of the peace of the county in which such offense is committed;
but if any salt is once regularly inspected by virtue of this chapter, by any inspector
of salt in this state, such salt shall not be required to undergo an inspection at any
other place.

7179. Tare regulations. The inspector of salt shall regulate the tare of barrels as
follows: all barrels weighing less than three hundred pounds shall be tared at thirty
pounds; all barrels weighing over three hundred and less than four hundred, shall
be tared thirty-five pounds; and all barrels weighing over four hundred pounds
shall be tared forty pounds.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 8, pp.
1490-1491.

VINEGAR.

7227. (1.) Standard. No person shall manufacture for sale, offer or expose for salé,
sell or deliver, or have in his possession with intent to sell or deliver, any vinegar
not in compliance with the provisions of this act. No vinegar shall be sold as
apple, orchard or cider-vinegar which is not the legitimate product of pure apple-
juice, known as apple-cider; or vinegar not made exclusively of said apple-cider; or
vinegar into which foreign substance, drugs or acids have been introduced, as may
appear upon proper test, and upon said test shall contain not less than two per cent.,
by weight, of cider-vinegar solids upon full evaporation at the temperature of boiling
water.

7228. (2.) Fermented and distilled vinegar; coloring; acetic strength. All vinegar
made by fermentation and oxidation without the intervention of distillation shall be
branded ‘‘ fermented vinegar,’’ with the name of the fruit or substance from which
the same is made. And all vinegar made wholly or in part from distilled liquor shalk
be branded ‘‘ distilled vinegar,’’ and all such distilled vinegar shall be free from col-
oring matter added during or after distillation and from color other than that
imparted to it by distillation. And all fermented vinegar not distilled shall contain
not less than two per cent., by weight, upon full evaporation (at the temperature of
boiling water), of solids, contained in the fruit or grain from which said vinegar is
fermented, and said vinegar shall contain not less than two-and-a-half-tenths of one
per cent. ash or mineral matter, the same being the product of the material from
which said vinegar is manufactured. And all vinegar shall be made wholly from
the fruit or grain from which it purports to be or is represented to be made, and
shall contain no foreign substance, and shall contain not less than four per cent., by
weight, of absolute acetic acid.

7229. (3.) Injurious ingredients; branding. No person shall manufacture for sale,
offer for sale, or have in his possession with intent to sell, any vinegar found upon
proper test to contain any preparation of lead, copper; sulphuric or other mineral
acid, or other ingredients injurious to health. And all packages containing vinegar
shall be branded on the head of the cask, barrel or keg containing such vinegar, or
if sold in other packages that each package be plainly marked with the name and


i ok —

OHIO. 489

residence of the manufacturer, together with brand required in section two [7228]
hereof.

7230. (4.) Penalty. Whoever violates any of the provisions of this act shall, upon
conviction, be fined not less than fifty dollars nor more than one hundred dollars, or
imprisoned not less than thirty days nor more than one hundred days, or both, and
shall be adjudged to pay in addition all necessary costs and expenses incurred in
inspection and analyzing such vinegar.

7231. (4.) Penalty;@ brands on casks of vinegar; manufacturing farmer. Whoever
violates any of the provisions of this act shall, upon conviction, be fined not less
than fifty dollars nor more than one hundred dollars, or imprisoned not less than
thirty days nor more than one hundred days, or both, and shall be adjudged to pay,
in addition, all necessary costs and expenses incurred in inspection and analyzing
such vinegar.

Every person making or manufacturing cider vinegar, who is not a domestic manu-
facturer of cider or cider vinegar, shall brand on each head of the cask, barrel or
keg containing such vinegar, the name and residence of the manufacturer, the date
when same was manufactured, and the words ‘‘cider vinegar.’’ And no vinegar
shall be branded ‘‘fruit vinegar’? unless the same be made wholly from apples,
grapes, or other fruit.

Provided, that nothing in this bill shall be construed to prevent any farmer from
manufacturing for his own private use, or offering for sale, not to exceed twenty-five
barrels in any one year, pure cider or other fruit vinegar, branding the same ‘‘domes-
tjc cider vinegar,’’ with name and date of manufacturer, and when so branded, shall
be sufficient guarantee of its purity.—As amended April 21, 1898, 93 O. L., 185.

7232. (5.) Penalty. Whoever violates any of the provisions of this act shall,
upon conviction, be fined not less than fifty dollars nor more than one hundred dol-
lars or imprisoned not less than thirty days, nor more than one hundred days, or both;
and shall be adjudged to pay in addition all necessary costs and expenses incurred in
inspecting and analyzing such vinegar. And all vinegar not in accordance with this
act shall be subject to forfeiture and spoliation.

Passed March 30, 1896. 920. L., 100; Laning’s Revised Statutes and Recodified
Laws, 1905, vol. 1, title 5, ch. 8, p. 1499.

WATER.

10568. Whoever maliciously puts any dead animal, carcass, or part thereof, or any
other putrid, nauseous, noisome, or offensive substance, into or in any manner
befouls, any well, spring, brook, or branch of running water, or any reservoir of
water-works, of which use is or may be made for domestic purposes, shall be fined
not more than fifty nor less than five dollars, or imprisoned not more than sixty
days, or both.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 1, ch. 7, p. 2068.

3709. Water supply—municipal. The jurisdiction of any municipal corporation to
prevent the pollution of itswater supply and to provide penalty therefor, shall extend
twenty miles beyond the corporation limits. Whoever pollutes any running stream,
the water of which is used for domestic purposes by any municipality by putting
therein any putrid or offensive substance, (other than fresh or salt water), injurious
to health shall be guilty of a misdemeanor, which shall be punishable by a fine of
not less than five nor more than five hundred dollars. It shall be the duty of the



4 Repetition of section 4 occurs in statutes.
490 FOODS AND FOOD CONTROL.

board of public service or board of trustees of public affairs of any municipal cor-
poration to enforce the provisions of this section.

Laning’s Revised Statutes and Recodified Laws, 1905, vol. 1, title 12, div. 8, ch. 1,
p. 779.

RULINGS OF ‘STATE DAIRY AND FOOD COMMISSIONER.

Artificial color in canned tomatoes.—Beginning with the tomato crop of 1905, the
attitude of the Ohio State Dairy and Food Department will be against the use of arti-
ficial coloring in canned tomatoes or tomato catsup. Harmful preservatives are
ALWAYS forbidden.

Coloring matter in noodles, vermicelli, etc.—After July 1, 1905, no coloring matter
will be permitted in noodles or egg noodles, spaghetti or egg spaghetti, vermicelli or
egg vermicelli, macaroni or egg macaroni, except such as may be imparted by the
eggs used in the manufacture of the articles above mentioned.


OKLAHOMA.

The Territory of Oklahoma has no officer charged with the enforce-
ment of its food laws with the exception of the powers of the board
of health, mentioned below.

GENERAL FOOD LAWS.

" Sc. 3. Condemning impure food. It shall be the duty of the board of health to
examine applicants and grant licenses to those found to be qualified, and entitled to
the same, to quarantine against outside territory known to be infected with conta-
gious or infectious diseases, to condemn and destroy impure and diseased articles of
food offered or exposed for sale in the Territory and to act in conjunction with the
county and municipal boards of health.
. Sec. 9. Repeal. Chapter eight of the statutes of Oklahoma, 1893, together with all
acts and parts of acts in conflict herewith, are hereby repealed.

Sec. 10. Date of taking effect. This act shall take effect and be in force from and
after its passage and approval.

Approved March 12, 1903. Session Laws, 1903, ch. 5, p. 89.

2355. (16) Adulterated or diluted food, drink, or drugs. Every person who adul-
terates or dilutes any article of food, drink, drug, medicine, strong, spirituous or malt
liquor or wine, or any article useful in compounding either of them, whether one
useful for mankind or for animals, with a fraudulent intent to offer the same, or
cause or permit it to be offered for sale as unadulterated or undiluted, and every per-
son who fraudulently sells or keeps or offers for sale the same as unadulterated or
undiluted, knowing it to have been adulterated or diluted, is guilty of a misdemeanor.

2356. (17) Spoiled or unwholesome food. Every person who knowingly sells, or
keeps or offers for sale, or otherwise disposes of any article of food, drink, drug or
medicine, knowing that the same has become tainted, decayed, spoiled or otherwise
unwholesome or unfit to be eaten or drank, with intent to permit the same to be
eaten or drank by any person or animal, is guilty of a misdemeanor.

Revised and Annotated Statutes, 1903, vol. 1, ch. 25, p. 622.

2534. (1) Sale of diseased or unwholesome provisions. Any person who shall sell
any kind of diseased, corrupted or unwholesome provisions, whether meat or drink,
without first making the fact fully known to the buyers, shall be punished by impris-
onment in the county jail not more than six months, or by fine not exceeding one
hundred dollars.

2535. (2) Fraudulent adulteration of liquors, candy, ete. Any person who shall
fraudulently adulterate, for the purpose of sale or shall offer for sale any substance
intended for food, or any wine, spirits, malt or other spirituous liquors, or any other
fluid, intended for drinking, or any candy or sweetmeat with any substance, coloring

491
492 FOODS AND FOOD CONTROL.

matter, or anything poisonous, deleterious or injurious to health, or any article of
food or drink that is not just what in its purity represented to be, or whoshall man-
ufacture, sell or offer for sale, any such adulterated food, liquor, candy or sweet-
meat, shall be punished by imprisonment in the county jail not more than one year
or by fine not exceeding two hundred dollars, and articles so adulterated shall be
forfeited and destroyed.

Revised and Annotated Statutes, 1903, vol. 1, ch. 25, p. 649.

ALCOHOLIC BEVERAGES.

3409. (15) Every person so licensed, or any other person, who shall intentionally
or otherwise sell or give away, or direct or permit any person or persons in his
employ to sell or give away, any malt, spirituous or vinous liquors which shall be
adulterated with strychnine, strontia, sugar of lead, or any other substance, shall
forfeit any “@ pay the sum of one hundred dollars for every such offense. An analysis
made by a practical chemist shall be deemed competent testimony under the provi-
sions of this section.

Revised and Annotated Statutes, 1903, vol. 1, ch. 49, p. 844.

DAIRY PRODUCTS.

2541. (8) Any person who shall bring or send to any other person or company
or corporation, to be used for the manufacture of butter or cheese, or who shall sell,
furnish or supply to any other person, to be used in any manner whatever any milk
drawn from a cow not in proper condition of health, or any milk adulterated by any
deleterious substances, or that has been adulterated with water, or colored by any
substance whatsoever, shall be punished by imprisonment in the county jail not more
than thirty days or by fine not exceeding fifty dollars, and shall be civilly liable to
to the party wronged in a sum of not less than fifty dollars.

Revised and Annotated Statutes, 1903, vol. 1, ch. 25, p. 650.

MEAT.

Src. 1. Procedure when regular inspection is not available. In rural districts, where
there is no convenient resident inspector or deputy inspector, when any resident
citizen of such district desiring to slaughter for sale to the public any cattle or other
animals for food within such district, may, instead of obtaining regular inspection,
call any two of his immediate neighbors, who are not related to him nor to each
other, nor owners of any interest in such cattle, nor in any other property in which he
owns an interest and who know his cattle, and who may consent to do so, to inspect
such cattle for slaughter; and if, immediately before slaughtering the same, such
inspectors find upon examination of the cattle and from their own prior knowledge
of the same, or of those with which it has long been associated that the cattle to be
slaughtered is not affected nor infected with any disease which would render it unfit
for human food and is otherwise fit for such food, such inspectors may deliver to
the person desiring to slaughter the same a written statement, over their signatures,
as to the facts so found and believed; and in such cases regular inspection may be
dispensed with: Provided, however, such cattle and other animals for food must be
slaughtered immediately after such inspection. And, provided, further, the privileges
of this Act shall only extend to and be available to the owners of cattle so slaughtered;
and only when regular inspection can not be reasonably had.





“So in Statutes.
OKLAHOMA. 4938




Sec. 2. Penalty. Any person called and inspecting any cattle and other animals
for food under the provisions of this Act who shall fail to exercise reasonable care
and diligence in examining the same and in making inquiries in that regard or who
shall willfully make any false or misleading statement authorizing or causing the
person desiring to slaughter such cattle or other animals for food for sale to the pub-
lic to do so, shall be deemed guilty of a misdemeanor and punished accordingly by
: fine of not less than fifty dollars and imprisonment in the county jail thirty days.

Sec. 3. Effect. This Act shall take effect and be in force from and after its passage
_ and approval.

Approved February 23, 1905. Session Laws of 1905, ch. 3, art. 2, pp. 47-48.
OREGON.

The Oregon dairy and food commissioner is charged with the enforce-
ment of all the food laws of the State. He is elected by popular vote,
as in the case of other State officers, and has authority to appoint
deputies and other employees. At the last meeting, the legislature
passed a new general food law which superseded all earlier legislation
on this subject. There has not yet been time to test the efficiency of

the new laws.
GENERAL FOOD LAWS.¢4

2118. Penalty for sale of unwholesome provisions. It any person shall knowingly
sell any kind of diseased, corrupted, or unwholesome provisions, whether for meat
or drink, without making the same fully known to the buyer, such person, upon
conviction thereof, shall be punished by imprisonment in the county jail not less
than three months nor more than one year, or by fine not less than fifty nor more
than five hundred dollars.

2119. Sale of adulterated foods. If any person shall adulterate for the purpose of
sale any substance intended for meat or drink with any substance injurious to health,
or shall sell or offefor sale any substance so intended, knowing the same to be so
adulterated, such person, upon conviction thereof, shall be punished in the manner
provided in section 2118.

Bellinger and Cotton’s Annotated Codes and Statutes, 1902, vol. 1, ch. 9, pp.
733-734.

2121. Unwholesome foods, etc., unlawful. It shall be unlawful for any person or
persons to sell or exchange, or expose for sale or exchange, any unwholesome, un-
clean, tainted, or diseased foods or medicines of any kind whatever.

2122. Penalty. Whosoever violates any of the provisions of this act shall be guilty
of a misdemeanor, and upon conviction thereof shall be punished by a fine of not
less than twenty-five dollars nor more than one hundred dollars, or by imprisonment
in the county jail not less than thirty days nor more than six months. Justices’
courts shall have jurisdiction of all cases arising under this act.

2123. Analysis of foods bought as pure; fee for analysis; disposition of such moneys.
If any person or persons shall have purchased foods, drinks, medicines, or fertilizers,
believing them to be pure and unadulterated, which shall prove by analysis or tests
to be adulterated, such person or persons shall not be deemed guilty under this act:
Provided, that such person or persons pay to the state dairy and food commissioner
the sum of ten dollars in case of analysis or five dollars for each test made by him to
determine the quality of such foods, drinks, medicines, or fertilizers, as the case may
be, and who shall, after being informed of such adulteration, at once mark the same
as required by section 2121; all moneys collected by the commissioner for making
analysis shall be paid by the commissioner to the state agricultural college for mak-
ing tests, to be credited to the state, and become a part of the state appropriation to
defray the expenses of the enforcement of this act.

Bellinger and Cotton’s Annotated Codes and Statutes, 1902, vol. 1, ch. 9, p. 734.





«See also Dairy Products.
404
OREGON. 495

ALCOHOLIC BEVERAGES.4@



Src. 48. Preservatives in cider prohibited. No person shall manufacture or sell cider,
or any preparation thereof containing salicylic acid, formaline preservative, antifer-
ment, or any other drug, chemical, or substance that is injurious to the human
system.

Sec. 54. Adulteration of wines defined. All wines containing alcohol, except such as
have been produced by natural fermentation of pure, undried fruit juices, or com-
bined with distilled spirits, whether denominated wines, or by any other name,
which may be used as a beverage, or combined with other liquors intended for use,
and all compounds of the same with pure wine, and all preserved fruit juices com-
pounded with substances not produced from undried fruit intended for use as a bey-
erage, 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 alum, baryta, salts, caustic lime, carbonate of soda, carbonic acid, salts
of lead, glycerine, salic acid, or any other antiseptic coloring matter not produced
from undried fruit, artificial flavoring, essence of ether, or any other foreign sub-
stance 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 the
State. All such wine and every such beverage shall be deemed a public nuisance
and forfeited to the State and summarily seized and destroyed by any health officer
_ within whose jurisdiction it shall be found, and the reasonable expense of such
seizure shall be a county charge.

Sec. 55. Pure wine defined. For the purpose of this article, pure wine shall be
deemed to mean the fermented juice of undried grapes or other undried fruits, but
the addition of pure sugar to perfect wine or distilled wine to preserve it, not to
exceed 8 per cent of its value, or the use of things necessary to clarify or refine the
wine, not injurious to health, shall not be construed as adulteration if such wine con-
tain at least 75 per cent of pure grape or other undried fruit juices.

Sec. 56. Half wine and made wine defined; stamps or labels. For the purpose of this
act, any wine that contains less than 75 per cent and more than 50 per cent of pure
grape or other undried fruit juice, and is otherwise pure, shall be known as half
wine, and upon each and every package of such wine manufactured with intent to
sell, sold or offered for sale within this State, if containing more than three gallons,
there shall be stamped on both ends of the package containing the same, in black
printed letters at least one inch in height, the proper proportion in width, the words
“Half Wine,” and if containing more than one quart and not more than three gal-
lons, there shall be stamped on each package in plain printed black letters at least
one-half inch high, and of the proper proportion as to width, the words “ Half
Wine,”’ and in a package or bottle of one quart or less, there shall be placed a label,
securely pasted thereon, having the words ‘‘Half Wine’’ plainly printed in black
letters, at least one-quarter of an inch high, and of the proper proportion as to width.
If any number of small packages is enclosed in a larger package, as a box, barrel, case,
or cask, such outside package shall have thereon the stamp ‘‘ Half Wine’’ in letters
of a size according to the size of such outer package. Every person who shall sell,
offer for sale, or manufacture with intent to sell any wine containing less than 50 per
cent 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
‘*Half Wine,”’ so required in this section to be stamped, marked and labeled, and all
such wine shall be known and sold as ‘‘ Made Wine.”

Filed February 22, 1905. Laws of 1905, ch. 209, pp. 359, 361-362.





@See Dairy Products for general provisions, penalties, appropriations, etc., apply-
ing also to these sections.
496 FOODS AND FOOD CONTROL.

CONFECTIONERY.

2124. Addition of injurious ingredients. No person shall, by himself, his servants,
or agent, or as servant or agent of any other person, persons, or corporation,
manufacture for sale, or knowingly sell or offer to sell any candy or other confection-
ery adulterated by the admixture of terra alba, barytes, tale, or any other mineral
substance, or by poisonous colors or flavors or other ingredients injurious or detri-
mental to the health of consumers.

2125. Penalty; destruction of candy; jurisdiction. Any person violating any of the
provisions of this act shall be deemed guilty of a misdemeanor, and, upon conviction
thereof, shall be punished by a fine not exceeding one hundred dollars, or sentenced
to the county jail for a period not exceeding six months; and, in addition to said fine
or punishment, the candy so adulterated shall be forfeited and destroyed by order
of the court having jurisdiction of the offense. Justices’ courts shall have jurisdic-
tion of all cases arising under this act.

2126. Enforcement. It shall be the duty of the Oregon state food and dairy com-
missioner to enforce the provisions of this act.

2127. Analyses. It shall be the duty of the chemist of the state agricultural col-
lege to correctly analyze any and all substances the said commissioner may send him
for the purpose of carrying out the provisions of this act.

Approved February 16, 1899. Laws of 1899, p. 45; Bellinger and Cotton’s Anno-
tated Codes and Statutes, 1902, vol. 1, ch. 9, p. 735.

DAIRY PRODUCTS.
4s

Sec. 1. Dairy and food commissioner; term of office; salary. At the general election
held in June, 1908, and every four years thereafter, there shall be elected by
the electors of the State of Oregon, a commissioner who shall be known as the
‘Oregon Dairy and Food Commissioner,’’ who shall hold his office for a term of
four years, and until his successor is elected and qualified, who shall qualify
within thirty days from the time of his election, by taking and filing an oath
to faithfully perform the duties of said office with the Secretary of State, who shall
receive for his salary the sum of two thousand dollars ($2,000) per year from and
after the passage of this act, and his actual traveling, office and other expenses
incurred in the discharge of the duties of his office, not to exceed twelve hundred
dollars ($1,200) per year, said money to be used for the expenses actually incurred in
the performance of duty connected with the execution of the work pertaining to
the office, and to be allowed and paid upon vouchers verified under oath and filed
with the Secretary of State; provided, that the present Dairy and Food Commissioner
elected at the general election held in June, 1904, shall continue to hold said office
until his successor is elected and qualified and shall have all the power and perform
all the duties of the Dairy and Food Commissioner herein provided; and the expense
fund of one thousand two hundred dollars per year herein provided for shall be
available at once.

Sec. 2. May appoint deputy—chemist—duties. Said commissioner may, at any time
after the passage of this act, appoint one deputy who shall have the qualifications of
a chemist; said deputy shall take and file with the Secretary of State an oath to
faithfully perform the duties of said office, and shall receive for his salary the sum
of one thousand two hundred dollars per annum, and shall hold his office during
the pleasure of said commissioner, and the said deputy shall perform such duties as
said commissioner may prescribe for carrying out of @ the provisions of this act.

Src. 3. Duties of commissidner defined—office at Portland. The said commissioner
may also appoint other deputies who shall take and file a like oath, and shall hold



“So in Statutes.
OREGON. 497



their office during the pleasure of the commissioner, and who shall perform the
duties prescribed by the commissioner, and who shall be compensated by the com-
missioner. It shall be the duty of said commissioner to visit and inspect, in person
or by deputy, every creamery and cheese factory operated within the State of Ore-
gon, as often as possible, and not less than once in each year, and he shall also visit
- and inspect as often as possible, the dairy herds of the State, and the methods of
feeding, caring for, and stabling the same. The person elected as Dairy and Food
Commissioner shall collect and disseminate such information as is calculated to
develop the dairy industry within the State. The said commissioner shall establish
his office in the City of Portland, in this State, and shall upon complaint being made
by any citizen of the State of Oregon, or without such complaint if in his opinion
necessary, examine into any case of violation or supposed violation of the provisions
of this act, or any of them. He shall keep a full and correct account of all business
done by him, or his deputies, chemists, or agents, and report the same to the
legislature.

Sec. 4. Adulterated food—unlawful to manufacture or sell. No person shall within
this State manufacture for sale, have in his possession with the intent to sell, offer,
or expose for sale, or sell any article of food which is adulterated, within the mean-
ing of this act.

Sec. 5. What the term shall include. The term ‘‘ food,’’ as used herein, shall include
all articles used for food or drink, or intended to -be eaten or drunk by men, whether
simple, mixed, or compound.

Src. 6. Adulteration defined. An article shall be deemed to be adulterated within
the meaning of this act:

First. If any substance has been mixed with it so as to lower or depreciate, or
injuriously affect its quality, strength, or purity.

Second. If any inferior or depreciating substance has been substituted wholly or
in part for it.

Third. If any valuable or necessary consistent ¢ or ingredient has been wholly or in
part abstracted from it.

Fourth. If it is in imitation of or sold under the name of another article.

Fifth. If it contains wholly @ or any part of the diseased, decomposed, putrid,
tainted or rotten animal or vegetable substance or article, whether manufactured or
not. Or in case of milk, if it is the product of a diseased animal.

Sixth. If it is colored, coated, polished, or powdered, whereby a damaged or
inferior article is sold, or if made to appear better or of greater value than it really is.

Seventh. If it contains any added substance or ingredients which is poisonous or
injurious to health. .

Eighth. Butter that contains more than 16 per cent water.

Ninth. Milk that contains more than 88 per cent water.

Tenth. Milk that contains less than 3.2 per cent butter fat.

Eleventh. Milk that contains Jess than 9 per cent solids, other than butter fat,
and less than 1.038 specific gravity after the cream has been removed.

Twelfth. Ice cream that contains less than 12 per cent butter fat.

Thirteenth. Cream that contains less than 20 per cent butter fat.

Fourteenth. Evaporated or condensed milk and cream that contains less than 22
per cent of pure milk solids, 25 per cent of which shall be pure butter fat; provided,
that evaporated condensed milk and cream that contains the solids therein provided
may be labeled ‘‘ Evaporated Cream.”’

Provided, that nothing in this act shall prevent the coloring of pure butter or
cheese with harmless coloring of which annatto is the principal ingredient; provided
further, that the provisions of this act shall not apply to a mixture or compound

4So in Statutes.
498 - FOODS AND FOOD CONTROL.

recognized as ordinary articles or ingredients of food in which every package sold
or offered for sale has the name and address of the manufacturer and be distinctly
labeled under its own distinctive name and in a manner to plainly and correctly
show that it is a mixture or compound.

Sec. 7. Butter—regulation of manufacture and sale. It shall be unlawful for any
person to offer or expose for sale, or sell reworked butter or mixed butter unless the
same is plainly marked “‘ process butter,’’ and it shall be unlawful for any person to
offer or expose for sale any tub or packed butter remolded into prints, or rolls, or
squares, unless the same is plainly marked ‘‘tub butter,’’ and it shall be unlawful
for any person to offer or expose for sale reworked, mixed, or remolded butter, and
to make or print said butter with the stamp of any creamery or with the words
‘‘creamery butter.’’ And it shall be unlawful to sell or expose for sale any diseased,
unclean, impure, or unwholesome food or drink of any description.

Sec. 8. Sale of adulterated butter prohibited—oleomargarine. No person by himself,
or his agent or employé, shall render, manufacture, or offer for sale, expose for sale,
take orders for future delivery, or have in his possession with intent to sell, or sell as
butter, any article, product, or compound made wholly or partly out of any fat, oil,
oleaginous or compound thereof not directly or wholly produced from pure, unadul-
terated milk, or cream of the same, which has been or is colored to imitate yellow
butter produced from pure, unadulterated milk or cream of the same; provided, that
nothing of this act shall be so construed as to prohibit the manufacture or sale of
oleomargarine in a separate and distinct form in such manner as will advise the con-
sumer of its real character, free from coloring matter and ingredients causing it to
look like butter.

Src. 9. Process or renovated butter, oleomargarine—notice of use in public dining-rooms.
In any public dining or eating room where oleomargarine or renovated butter, or
process butter are in use, the bill of fare shall state the fact in the same size type as
is used in printing the body of said bill of fare, and printed notice thereof shall be
posted in a conspicuous place in said dining-room so as to be easily and readily seen
and read by any one entering such room. Such notice shall be in letters not less
than one inch in size and known as full-faced type, and these notices shall state that
oleomargarine or process butter, or renovated butter, is used here, as the case may be.

Sec. 10. Creamery regulations—products to be stamped—storage butter. Any person
or persons, firm, association, or corporation who shall, within the State of Oregon,
manufacture butter under the separator process, for sale in said State, shall apply to
the Oregon Dairy and Food Commissioner for a stencil or plate with the number of
the creamery and the name of the manufacturer and where manufactured, and the
words ‘‘Oregon Creamery Butter. Full Weight.’’ And on each box of butter so
manufactured for sale in the State of Oregon there shall be an impression from said
stencil or said plate shall be attached thereto; and each roll or square of butter so
manufactured for sale in the State of Oregon shall bear a wrapper upon which shall
be the number of the creamery and where manufactured and the words ‘‘Oregon
Creamery Butter, Full Weight,’’ and the number of ounces in such roll or square,
and a device or motto to be adopted and furnished by the Oregon Dairy and Food
Commissioner, and such device or motto shall be known as the ‘‘Oregon State
Brand’’; provided, that all butter that has been in cold storage for thirty days, or
butter that is sold as a second or third grade shall not be sold in wrappers bearing
the Oregon State brand. All butter with the State brand label placed in cold storage
shall have the date when stored stamped in plain letters and figures on each box.

Sec. 11. Imitation butter—dealers to keep sale book. Every person or persons, firm,
or corporation who sells oleomargarine, butterine, or any imitation butter whatso-
ever, or other imitation dairy products, renovated or process butter in this State shall
keep a sale book in which all sales shall be entered at the time of sale; said sale book
shall state the amount sold and the date of sale, together with the name and address



OREGON. 499

f the purchaser, and said book shall be open to the inspection of the Dairy and

ood Commissioner or his deputy at all times.

Sec. 12. Butter made in other States—unlawful to sell as Oregon product. It shall be

wful for any person or persons, firm, or corporation to offer or expose for sale in

‘t e State of Oregon any butter put up in rolls or squares made in any State (other

than Oregon) in wrappers bearing the Oregon State brand or the words ‘‘Oregon

Creamery,” or any other words that will imply said butter was made in Oregon.

_ Sec. 13. Sale of adulterants and chemicals prohibited. No person, firm, or corporation
shall manufacture for sale, advertise, offer or expose for sale, or sell any mixture or
compound intended for use as an adulterant of or preservative of milk, butter, or
cheese, nor shall any person, firm, or corporation add to milk, or butter, or cheese,
or during the process of their manufacture, any borax, boric acid, dalicyclic @ acid,
formaldehyde, formalin, or any other substance or substances in the nature of adul-
terants, antiferments, or preservatives; provided however, that this section shall not
apply to pure salt added to butter and cheese.

Sec. 14. Rolls and squares—weights. Every square or roll of butter kept exposed
or offered for sale or sold in the State of Oregon shall contain not less than eight
ounces, sixteen ounces, or thirty-two ounces, and each square or roll shall be plainly

‘marked with the number of ounces they contain.

_ Sec. 15. Creamery label. It shall be unlawful for any person to use the brand or

label of any other creamery or dairyman without his consent for the purpose of sell-
ing the butter of any other creamery or dairyman.

Sec. 16. Filled cheese. Any person who sells or has in his possession with intent
to sell any substance in imitation of cheese not made exclusively and wholly of milk

or cream with salt, rennet, and with or without harmless coloring matter and con-
taining any fats, oils, or grease, not produced from milk and cream, shall have the
words ‘‘ Filled Cheese’’ stamped or printed thereon in a conspicuous manner.

Src. 17. Grade of cheese; brand. Every person or persons, firm, association or cor-
poration who shall at any creamery, cheese factory, or private dairy, manufacture
cheese in the State of Oregon shall, at the place of manufacture, brand distinctly and
durably on the bandage of every cheese and box containing the samie, the true grade
of said cheese as follows, to-wit: ‘‘Oregon Full Cream Cheese,’”’ or ‘‘ Oregon Half
Skimmed,”’ ‘‘ Oregon Quarter Skimmed Cheese,’’ or ‘‘ Oregon Skimmed Cheese,”’ as
the case may be. Full cream cheese shali contain not less than 30% butter fat;
cheese that contains 15% butter fat and under 30% shall be known as half skimmed
cheese. Cheese that contains 74% butter fat and under 15% shall be known as
three-quarter skimmed cheese; cheese that contains less than 74% butter fat shall
be known as skimmed cheese; provided, nothing in this section shall be construed
to apply to ‘‘Edam,”’ ‘‘ Brickstein,’’ ‘‘ Pineapple,’’ ‘‘ Limburger,’’ ‘‘ Swiss,’’ or hand-
made cheese not made by the ordinary Cheddar process.

Src. 18. Cheese labels for retailing. All cheese offered for sale at retail shall bear a
label or placard containing letters not less than one-half inch in height setting forth
whether such cheese is “‘Full Cream,’’ ‘‘ Half Skimmed,’’ ‘‘ Quarter Skimmed,”’

r ‘“‘Skimmed,”’ according to the percentage of butter fat therein contained, as pro-
ided in section 17 of this act. But this section shall not apply to ‘‘ Edam,” “ Brick-
n,’’ ‘“‘Pineapple,’’ ‘“‘ Limburger,’’ ‘‘Swiss,’’ or hand-made cheese not made by the
rdinary Cheddar process.

Sec. 19. Manufacturers of butter and cheese to make annual report. Every person or

mpany who manufactures for sale in quantities exceeding twenty-five pounds per
eek, butter or cheese in this State, shall report to the Dairy and Food Commis-
ioner annually at the end of each vear as follows:

First. Name and address of manufacturer.

Second. Name and address of owner or owners of cows.







—



@So in Statutes.
500 FOODS AND FOOD CONTROL.

Third. Number of pounds milk and cream purchased.

Fourth. Total number of pounds milk or cream used in the manufacture of butter
and the number of pounds used in the making of cheese.

Fifth. Number of pounds of butter and cheese made.

Sixth. Number of pounds of butter and cheese sold; provided, that the amount of
butter and cheese made by any such person shall not be published if the maker
requests that it shall not be done.

Sec. 20. Cheese factories to procure stencils. Every person, firm, or corporation, or
voluntary association who shall manufacture cheese in the State of Oregon shall
apply to the Oregon Dairy and Food Commissioner for a stencil giving the number
of the factory and quality or grade of cheese as provided in section 17 of this act,
and each box of cheese sold or offered for sale shall bear the impression from the
said stencil on the side of box and each cheese.

Sec. 21. Sanitation of cow stables. When cows are kept by any person for dairy
purposes, either for butter or for cheese or for the production of milk or cream for
sale, and are confined in stables, such cows so confined shall each be allowed at
least eight hundred cubic feet of air space, and such cows so stabled shall not be
confined facing each other closer than ten feet, and all stables where such cows are
kept shall be well ventilated and kept in a good healthful condition, and if there be
any suspected diseased cows or other animals belonging to or about any dairy, said
Dairy and Food Commissioner shall notify the State Veterinarian. And if any dairy
as above stated is found to be in a filthy or unhealthy condition, the Dairy and Food
Commissioner shall notify the proprietor that said dairy must be put in a healthful
condition; and in the event of the failure of said proprietor to put said dairy ina
healthful condition within a reasonable time from the receipt of said notice, he or
they shall be deemed guilty of a misdemeanor, and shall be punished as herein
provided.

Sec. 22. Milk dairies; inspection; certificates. Every person, firm, or corporation
engaged in the sale of milk or cream in any city of 10,000 or more inhabitants, who
keeps a cow or cows for the purpose of selling milk therefrom therein, shall, on the
first day of April each year, apply to the Dairy and Food Commissioner, or inspec-
tors appointed by him, for a certificate of inspection, and shall pay the sum of $2.50
for the same; provided always, that this certificate can be revoked at any time by
said commissioner or inspector when said dairy is found not to be in a proper condi-
tion as to healthfulness of the cow or cows, or as to cleanliness and proper sanitary
regulations of the stables, buildings, or grounds in which said cows are kept. No
certificate shall be issued to any person, firm, or corporation, as provided in this sec-
tion, where the same has been revoked, without payment of $2.50 for the same.
Each and every certificate issued as provided in this section shall be in the name and
owner of the person, firm, or corporation and shall be numbered, and the number
corresponding to the one on the certificate shall be placed in a conspicuous place on
the wagon or vehicle used by said person, firm, or corporation.

Sec. 23. Penalty. Any person, firm or corporation who offers for sale or sells milk
who has not procured a certificate as provided in section 22, or whose certificate has
been revoked, shall be guilty of misdemeanor and fined as provided for in this act;
provided, that any incorporated city of less than 10,000 inhabitants may, upon the
request of its mayor, council, board of aldermen, or board of health, made to the
the State Food and Dairy Commissioner, come within the provision of section 22 of
this act.

Src. 24. Babcock test; false determinations unlawful. It shall be unlawful for the
owner, manager, agent or any employé of a creamery, cheese or condensed milk fac-
tory to manipulate, or under-read, or over-read the Babcock test, or any other con-
trivance used for determining the quality or value of milk or cream, or to make any
false determination by said Babcock test or otherwise.


OREGON. 501

Sec. 25. Adulterated milk; penalty. Any person who shall be convicted of selling
adulterated milk under the provisions of this act shall upon the first conviction be
fined $25; upon the second conviction $50; upon the third conviction $100; and shall
upon every subsequent conviction be fined $100 and suspended from selling milk,
either retail or wholesale, for one year.

Sec. 26. Imitating or counterfeiting seal. Whoever makes, causes to be made, uses
or has in his possession, any imitation or counterfeit of the seal used by any inspec-
tor of milk, or other officer engaged in the inspection of milk, or whoever changes
or tampers with the sample taken on said seal as provided in this act, shall be pun-
ished as provided in this act.

Sec. 27. Milk inspector; violation of duty; how punished. An inspector of milk or
his agent, who unlawfully connives at or assists in the violation of the provisions of
this act, or whoever hinders or interferes with an inspector of milk or agent in the
performance of his duty, shall be punished by a fine as provided in this act.

Sec. 28. Milk dealers to register; license. Every person shall before selling milk or
offering it for sale in a store, booth, stand, or market place in any city or tewn in
which an inspector of milk is appointed, shall @ register in the books of such inspector
or commissioner his name and proposed place of business, and shall pay to him fifty
cents for said license.

Sec. 29. Milk taken for analysis; duty of officer. An officer of the State Board of

Health of [or] the Dairy and Food Commissioner, inspector, or other State, city, or
‘town officer who obtains a sample of milk for analysis, shall within ten days after
obtaining the result of said analysis send it to the person from whom the sample was
taken or to the person who is responsible for the condition of such milk, provided
that nothing in this act shall prohibit any person or persons from whom samples are
taken for proof and analysis requiring the State Dairy and Food Commissioner to
leave a similar sample with said person or persons duly sealed with the seal of the
Food and Dairy Commissioner.

Sec. 30. Prosecution of milk producer. A producer of milk shall not be liable to
prosecution for the reason that the milk produced by him is not of good standard
quality, unless such milk was taken from his premises or while in possession or under
his or his agent’s control by an inspector of milk or agent of the Dairy and Food
Commissioner, or of the State Board of Health, and a sealed sample thereof was
given to him if requested.

Sec. 31. Stencils for butter and cheese factories. Every butter or cheese manufac-
turer who applies to the State Dairy and Food Commissioner for stencils or plates as
provided in any section of this act shall pay the sum of one dollar for each.

Src. 32. Unclean, impure, and unwholesome milk defined. In all prosecutions under
the provisions of this act relating to the sale of diseased foods, or that which is
unclean, impure, and unwholesome; milk drawn from cows for fifteen days next
before and five days next after parturition; or from cows fed on unwholesome food;
or any calf that has been slaughtered under the age of four weeks, shall be deemed
and declared unclean, impure, and unwholesome.

Sec. 33. Adulterated food notice in public dining rooms. In any publie dining or
eating room where adulterated food or drink are used, the bill of fare shall state the
facts in the same sized type as used in printing the body of said bill of fare, or, if no
_ bill of fare is used, then, and in that case, printed notices thereof shall be posted in
a conspicuous place in said dining room, so as to be easily seen by any one entering
such room, in which notices shall be stated in large letters the fact that adulterated
foods and drinks are being used for food, or food and drink.

Sec. 46. False labels; penalty. Whoever shall falsely brand, mark, stencil, or
label any article required by this act to be branded, marked, ete., or shall remove,

4So in Statutes.
502 FOODS AND FOOD CONTROL.

alter, deface, mutilate, obliterate, imitate, or counterfeit any brand, mark, stencil,
or label so required, shall be deemed guilty of a misdemeanor and punished as pro-
vided in this act.

Sec. 47. American and foreign product; label. It shall be unlawful to label any
American manufactured food product with any label which purports or implies that
the product was made in a foreign country.

Sec. 49. Pure food fund; disbursements. In all prosecutions under this act, the fine
or fines collected by and under the same shall be transmitted by the officer collect-
ing the same to the State Treasurer at the State Capitol, and shall be kept by the
State Treasurer in a separate fund to be known as the pure food fund, and the State
Treasurer shall forward to the person remitting any such fine a proper receipt. Said
pure food fund shall be subject to orders drawn against the same by the said Dairy
and Food Commissioner for the purpose of enforcing the provisions of this act. Said
commissioner shall not draw against said fund except for the purpose of carrying
out the provisions of this act, nor shall he draw any order against said fund in
excess of the money actually in the hands of the State Treasurer to the credit of said
fund. In his regular reports to the legislature, the said commissioner shal] render
a full statement of the receipts and disbursements of the pure food fund, and the
purpose for which said fund has been disbursed. All licenses, fees, and payments
made to said commissioner shall be disposed of and accounted for in the same man-
ner as such fines.

Src. 50. Seizure of articles by commissioner; removal or concealment of label. It shall
be the duty of the Oregon Dairy and Food Commissioner to seize and hold any
article of food or drink sold, or kept, or offered for sale in violation of any of the
provisions of this act until the true character thereof may be determined in a judicial
proceeding, if any person shall have been arrested for having in his possession for
sale, or selling or offering for sale such article; and if no person shall have been
arrested, then by chemical analysis or other means to be determined by said com-
missioner or his deputy; and if any seized article be found to be unwholesome or
unfit for food, said commissioner shall cause the same to be destroyed. If any seized
article be found adulterated or prepared, or labeled in violation of this act, not being
unwholesome or unfit for food, and said commissioner shall brand or mark each
package thereof with its true character, and return the same to the person from
whose possession it was taken; in case any seized article be determined to be a char-
acter not contrary to any of the provisions of this act, the same shall be returned to
the possession of the person from whom the same was taken. It shall be unlawful
for any person to remove or deface or conceal any brand or label placed upon the
article by the Dairy and Food Commissioner under the provisions of this section, or
to sell or offer for sale, or have in his possession for sale any article so marked or
labeled without exhibiting such mark or label to the view of the public; otherwise
disposition shall be made of the seized property by order of the court.

Sec. 51. Cooperation of railroad or transportation companies. Every railroad com-
pany or transportation company in this State, upon application of the Dairy and Food
Commissioner, [or] his authorized agent, shall give the name and address of any
shipper or consignee of any supposed diseased or unwholesome meats or food of
any kind.

Sec. 52. Chemist state agricultural college to make analysis. It shall be the duty of
the chemist of the state agricultural college to correctly analyze any and all of the
substances the said commissioner may send him, and the certificate of analysis of
said chemist duly signed by him shall be prima facie evidence in all courts of justice;
provided, however, that the testing of milk and cream shall be done by the Dairy and
Food Commissioner and the certificate of said commissioner as to any such test,
duly signed by him, shall also be prima facie evidence in all courts of justice of the
facts therein stated.




OREGON. 5038



Sec. 53. Inspection authority. The said commissioner or his deputies, and such
experts and chemists as said commissioner shall duly authorize for the purpose, shall
have access to, egress and ingress to all places of business, factories, stores, farm
buildings, carriages, cars, vessels, and implements used in the manufacture, produc-
tion, or sale of any foods or drinks; and they shall also have the power and authority
to open any package, case, or vessel containing such articles which may be manufac-
tured, kept, exposed, or offered for sale, or sold, and any manufacturer, dealer, hotel
or restaurant keeper shall deliver to the commissioner or his deputy any sample of
food or drinks for analyzing or testing upon a tender of the price thereof in money.

Sec. 57. Conflicting laws repealed. That an act entitled ‘‘An act to provide for the
election of an Oregon Dairy and Food Commissioner, and to prescribe his duties and
qualifications, and to prevent the production and sale of unwholesome food, drink,
medicines, and fertilizers; and to repeal an act entitled ‘An act to prevent the pro-
duction and sale of unwholesome foods and medicines, and to regulate the sales of
adulterated foods, drinks, medicines, and fertilizers,’’’ approved February 16, 1899,
and to repeal an act to provide for the election of an Oregon Dairy and Food Com-
missioner, prescribing his duties and fixing his salary, and to provide for the pay-
ment of his expenses, and for the appointment of other deputies of the Dairy and
Food Commissioner; to regulate the manufacture and sale of food, drinks, medi-
cines, and fertilizers; to define what shall constitute adulterated food, drink, and
medicines, or fertilizers; to provide for the regulation of dairies and the proper
_ stabling of dairy cows, and the manufacture and sale of dairy products; to regulate
the sale of process butter and compound resembling butter, and imitation dairy pro-
ducts, approved February 27, 1901; and to provide penalties for the violation of this
act; to create a pure food fund, and declaring an emergency; and all acts and parts
of acts in conflict with the provisions of this act, to wit: Chapter III of Title XX XV
of Bellinger and Cotton’s Annotated Codes and Statutes of Oregon, being sections
3766, 3767, 3768, 3769, 3770, 3771, 3772, 3773, 3774, 3775, 3776, 3777, 3778, 3779, 3780,
3781, 3782, 3783, 3784, 3785, 3786, 3787, 3788, 3789, 3790, 3791, 3792, and 3793, be and
the same are hereby repealed.

Sec. 58. Appropriation. That there be-and hereby is appropriated annually, out of
any money in the treasury not otherwise appropriated, the sum of $4,400 for the pur-
poses of this act.

Src. 59. Must not be interested in business. It shall be unlawful for the Dairy and

Food Commissioner, or any deputy, chemist, clerk, or assistant under him, to be
directly or indirectly interested in any manner as proprietor, partner, salesman,
agent, or employé in the manufacture, sale, handling, or shipping of any food, drink,
or dairy product.
Src. 60. Penalties; jurisdiction. Any person violating any of the provisions of this
act where the punishment is not already provided shall be deemed guilty of a mis-
demeanor and upon conviction thereof shall be punished by a fine of not less than
$25 nor more than $100, or be imprisoned in the county jail not less than thirty days
nor more than six months, or both. Justices’ courts shall have concurrent jurisdic-
tion of all cases arising under this act.

Filed February 22, 1905. Laws of 1905, ch. 209, pp. 348-363.

FLAVORING EXTRACTS AND SPICES.¢

Sec. 42. Spices and condiments defined. The term ‘spices and condiments,’”’ as
used here, shall include all substances known and recognized in commerce as spices
and used as condiments, whether in their natural state or in the form which would





“See also Dairy Products for general provisions, penalties, appropriations, ete.,
applying also to these sections.

10945—No. 69, pt 6—06——4
5O4 FOODS AND FOOD CONTROL.

result from the grinding, mulling, or mixing, or the compounding of the natura
product. .

Sec. 43. Label of adulterated fluid extracts. All fluid extracts sold or offered for
sale n this State, if not pure, shall be labeled ‘‘ adulterated’’ on the cartoon@in which
the same is kept for sale, and also on the bottle containing the same, in the same
sized letters as the other lettering thereon with the per cent of adulteration.

Sec. 44. Label of adulterated spice. Any person selling or delivering any spice or
condiment adulterated as hereinbefore defined, shall label on the outside and face of
each package containing the same, upon the background of a single color, in the
English language, and in legible type no smaller than double pica, the name and
location of the manufacturer or person, firm, or corporation manufacturing same, and
the words ‘‘mixture’’ and ‘‘adulterated,’’ and the common English name of the
spice or condiment which said box or package contains; also the net weight of the
package shall be printed on the label.

Sec. 45. Possession of unlabeld articles. Any person having in their possession any
article adulterated as herein described and not labeled, is prima Hanae evidence of a
violation of this act.

Filed February 22, 1905. Laws of 1905, ch. 209, pp. 358-359.

FRUIT. .

4194, Infected fruit prohibited. It shall be unlawful for any person, firm, or cor-
poration to import or sell any infected or diseased fruit of any kind in the State of
Oregon.

4195. State or interstate commerce in infected fruit a misdemeanor. Every person who
packs or prepares for shipment to any point within the state, or who delivers or
causes to be delivered to any express agent or railroad agent or other person, or to
any transportation company or corporation, for shipment to any point without the
state, any fruit or fruits, either fresh, cured, or dried, that is infected with insect
pests or diseases injurious to trees, shrubs, plants, fruits, or vegetables, is guilty of a
misdemeanor.

4196. Penalty. Any person, firm, or corporation violating any of the provisions
of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine of not less than twenty-five dollars nor more than one
hundred dollars.

4197. Prosecution. It shall be the duty of the commissioner of the state board of
horticulture of the district in which a violation of this act occurs to present the evi-
dence of the case to the district attorney, whose duty it shall be to prosecute any
person guilty of a violation of this act, which prosecution may be brought in any
of the justice courts of this state.

Bellinger and Cotton’s Annotated Codes and Statutes, 1902, vol. 2, ch. 5, pp.
1389-1390.
JELLIES, PRESERVES, ETC. ? -

Src. 34. Fruit jellies; imitations must be plainly labeled. No person shall manu-
facture for sale, sell, offer or expose for sale, or sell, as fruit jelly or fruit butter, any
jelly or imitation fruit butter, or similar compound made or compounded in whole
or in part glucose, dextrin, starch, or other substances, and colored in imitation of
fruit jelly butter; nor shall any such jelly, fruit butter or compound be manufactured
or sold under any name or demignation whatever, unless the same be composed



«So in Statutes.
bSee also Dairy Products for general provisions, penalties, appropriations, etc.,
applying also to these sections.





OREGON. 505
entirely of ingredients not injurious to health, and not colored in imitation of fruit
jelly, and every can, pail, or package of such jelly or butter sold in this State shall
be distinctly and durably labeled ‘‘imitation fruit jelly or butter,’’ and state the
percentage of the various ingredients contained therein, and the place where made,
and name of manufacturer.

Src. 35. Adulterated jellies; users of must post notice. Any baker or other manu-
facturer of cakes, pies, or other foods, who uses or incorporates in such cakes, pies
or other foods, any jellies or fruit juices than that of pure fruit, shall place a con-
spicuous notice in his place of business stating that adulterated jellies and fruit juices
are used; provided, that this section shall apply to all restaurants or public eating
houses who sell or serve cakes, pies or other foods in which said imitation jellies or
fruit juices are used.

Src. 36. Preserved and canned fruits. No packer or dealer in preserved or canned
fruits, vegetables, or other articles of food, shall sell or offer for sale, such canned
articles, unless such articles shall be entirely free from substances or ingredients
deleterious to health.

Sec. 37. Pickles and sauces. Pickles and fruit sauces shall contain no other
sweetening matter than pure sugar.

Filed February 22, 1905. Laws of 1905, ch. 209, pp. 356-357.
MAPLE SYRUP. 4

Src. 41. Labeling of maple syrup. All maple syrup put up for sale that contains any
other ingredient than pure maple sugar shall bear but one label, which label shall
truly state the percentage of the various substances contained therein from which
said maple syrup is made, in type of equal size with any on said label.

Filed February 22, 1905. Laws of 1905, ch. 209, p. 358.
SALMON AND STURGEON.

4091. License. It shall be unlawful for any person or persons, firm, or corporation
to engage in the business of packing or dealing in salmon fish or sturgeon within the
State of Oregon without having obtained a license therefor from the fish warden as
hereinafter provided. All licenses issued under the provisions of this act shall
expire on the thirty-first day of December following the issuance of such license.

4094. License fees for 25 classes of canners. Any person, firm or corporation engaged
in the business of canning fresh salmon in hermetically sealed tins or cans in this
State shall pay license fees as follows: Those of the first class, $100; second class,
$150; third class, $200; fourth class, $250; fifth class, $300; sixth class, $350; seventh
class, $400; eighth class, $450; ninth class, $500; tenth class, $550; eleventh class,
$600; twelfth class, $650; thirteenth class, $700; fourteenth class, $750; fifteenth
class, $800; sixteenth class, $850; seventeenth class, $900; eighteenth class, $950;
nineteenth class, $1,000; twentieth class, $1,050; twenty-first class, $1,100; twenty-
second class, $1,150; twenty-third class, $1,200; twenty-fourth class, $1,300; twenty-
fifth class, $1,500. Canners of the first class are those whose pack of salmon fish for
the year next preceding the year that the license is applied for does not exceed 5,000
cases of salmon, forty-eight pounds to the case. Those of the second class are can-
ners whose pack for the year next preceding the year the license is applied for
exceeded 5,000 cases, but did not exceed 7,500 cases of salmon, forty-eight pounds to
the case. Those of the third class are canners whose pack for the year next preced-
ing the year the license is applied for exceeded 7,500 cases, but did not exceed 10,000



“See also Dairy Products for general provisions, penalties, appropriations, ete.,
applying also to these sections,
506 FOODS AND FOOD CONTROL.

cases, forty-eight pounds to the case. Those of the fourth class are canners whose
pack for the year next preceding the year the license is applied for exceeded 10,000
cases, but did not exceed 12,500 cases of salmon, forty-eight pounds to the case.
Those of the fifth class are canners whose pack for the year next preceding the year the
license is applied for exceeded 12,500, but did not exceed 15,000 cases of salmon, forty-
eight pounds to the case. Those of the sixth class are canners whose pack for the
year next preceding the year the license is applied for exceeded 15,000 cases, but did
not exceed 17,500 cases of salmon, forty-eight pounds to thecase. Those of the seventh
class are canners whose pack for the year preceding the year the license is applied
for exceeded 17,500 cases, but did not exceed 20,000 cases of salmon, forty-eight
pounds to the case. Those of the eighth class are canners whose pack for the year
next preceding the year the license is applied for exceeded 20,000 cases, but did not
exceed 22,500 cases of salmon, forty-eight pounds to the case. Those of the ninth
class are canners whose pack for the year next preceding the year the license is
applied for exceeded 22,500 cases, but did not exceed 25,000 cases of salmon, forty-
eight pounds to the case. Those of the tenth class are canners whose pack for the
year next preceding the year the license is applied for exceeded 25,000 cases, but did
not exceed 27,500 cases of salmon, forty-eight pounds to the case. Those of the
eleventh class are canners whose pack for the year next preceding the year the license
is applied for exceeded 27,500 cases, but did not exceed 30,000 cases of salmon, forty-
eight pounds to the case. Those of the twelfth class are canners whose pack for the
year next preceding the year the license is applied for exceeded 30,000 cases,
but did not exceed 32,500 cases of salmon, forty-eight pounds to the case. Those
of the thirteenth class are canners whose pack for the year next preceding the
year the license is applied for exceeded 32,500 cases, but did not exceed 35,000
cases of salmon, forty-eight pounds to the case. Those of the fourteenth class are
canners whose pack for the year next preceding the year the license is applied
for exceeded 35,000 cases, but did not exceed 37,500 cases of salmon, forty-eight
pounds to the case. Those of the fifteenth class are canners whose pack for the
year next preceding the year the license is applied for exceeded 37,500 cases, but
did not exceed 40,000 cases of salmon, forty-eight pounds to the case. Those
of the sixteenth class are canners whose pack for the year next preceding the
year the license is applied for exceeded 40,000 cases, but did not exceed 42,500
cases of salmon, forty-eight pounds to the case. Those of the seventeenth class
are canners whose pack for the year next preceding the year the license is applied
for exceeded 42,500 cases, but did not exceed 45,000 cases of salmon, forty-eight
pounds to the case. Those of the eighteenth class are canners whose pack for
the year next preceding the year the license is applied for exceeded 45,000 cases,
but did not exceed 47,500 cases of salmon, forty-eight pounds to the case. Those
of the nineteenth class are canners whose pack for the year next preceding the
year the license is applied for exceeded 47,500 cases, but did not exceed 50,000
cases of salmon, forty-eight pounds to the case. Those of the twentieth class are
canners whose pack for the year next preceding the year the license is applied
for exceeded 50,000 cases, but did not exceed 52,500 cases of salmon, forty-eight
pounds to the case. Those of the twenty-first class are canners whose pack for the
year next preceding the year the license is applied for exceeded 52,500 cases, but did
not exceed 55,000 cases of salmon, forty-eight pounds to the case. Those of the
twenty-second class are canners whose pack for the year next preceding the year the
license is applied for exceeded 55,000 cases, but did not exceed 57,500 cases of sal- ”
mon, forty-eight pounds to the case. Those of the twenty-third class are canners
whose pack for the year next preceding the year the license is applied for exceeded
57,500 cases, but did not exceed 60,000 cases of salmon, forty-eight pounds to the
case. Those of the twenty-fourth class are canners whose pack for the year next
preceding the year the license is applied for exceeded 60,000 cases, but did not
OREGON. 507
_—
~ exceed 65,000 cases of salmon, forty-eight pounds to the case. Those of the twenty-
fifth class are canners whose pack for the year next preceding the year the license is
_ applied for exceeded 65,000 cases, forty-eight pounds to the case. When more than
one cannery or plant is operated by the same person, firm, or corporation, each shall
be licensed separately and according to its class. Any person, firm, or corporation
desiring to engage in the business of canning salmon in this State shall make an
application in writing to the Master Fish Warden for a license therefor, which appli-
cation shall describe the location of the salmon cannery, as near as practicable, and
shall be accompanied by the affidavit of the applicant, stating the number of cases
of salmon that were packed in such cannery the year next preceding the year the
license is to be issued, and shall deposit with said application the license fee, accord-
ing to the class in which said cannery should be listed. No license shall be issued
until such affidavit is made and filed and such license fee paid; provided, that if any
person, firm, or corporation desires to obtain a license for a cannery which had not
been operated the year preceding such application, such cannery shall, upon appli-
cation, be classed by the Board of Fish Commissioners, and the license fee to be paid
shall be three times the regular fee according to that class; excepting in a case where
a cannery remained idle only one season, then in that case the license fee to be paid
shall be double the regular fee. All licenses issued under the provisions of this
section shall be good only in the district for which the same is issued, and shall
expire on the thirty-first day of March following the issuance of such license.—As
amended February 24, 1903, and February 10, 1905; General Laws 1905, ch. 56, pp.
116-119.

4095. Classification of dealers other than canners; applications and licenses. Any per-
son, firm, or corporation engaged in the business of buying, selling, packing, preserv-
ing, or otherwise dealing in salmon fish or sturgeon, other than canning thereof,
which is herein provided for, and whether said person, firm, or corporation catches
his or their or its own salmon fish or sturgeon or not, shall be and are classified as
follows: First-class dealers, handling less than three tons of fish per year; second
class dealers, handling three to six tons of fish; third class dealers, handling six to ten
tons of fish; fourth class dealers, handling ten to fifteen tons of fish; fifth class deal-
ers, handling fifteen to twenty tons of fish; sixth class dealers, handling twenty to
twenty-five tons of fish; seventh class dealers, handling twenty-five to thirty tons of
fish; eighth class dealers, handling thirty to forty tons of fish; ninth class dealers,
handling forty to fifty tons of fish; tenth class dealers, handling fifty to sixty tons of
fish; eleventh class dealers, handling sixty to seventy tons of fish; twelfth class
dealers, handling seventy to eighty tons of fish; thirteenth class dealers, handling

_ eighty to one hundred tons of fish; fourteenth class dealers, handling one hundred
to one hundred and forty tons of fish; fifteenth class dealers, handling one hundred
and forty to one hundred and seventy-five tons of fish; sixteenth class dealers, hand-
ling one hundred and seventy-five to two hundred and twenty-five tons of fish;
seventeenth class dealers, handling two hundred and twenty-five to three hundred
tons of fish; eighteenth class dealers, handling three hundred to four hundred tons
of fish; nineteenth class dealers, handling four hundred to five hundred tons of
fish; twentieth class dealers, handling five hundred to six hundred tons of fish;
twenty-first class dealers, handling six hundred to seven hundred tons of fish;
twenty-second class dealers, are those who handled over seven hundred tons of fish of
the dressed product. Any person, firm, or corporation desiring to obtain a license
for the purpose of engaging in the business of buying, packing, selling, preserving,
or otherwise dealing in salmon fish or sturgeon, or other than canning thereof, which
is herein provided for, and whether said person, firm, or corporation catches his or
their or its own salmon fish or sturgeon or not, shall file with the Master Fish
Warden an application therefor describing with convenient certainty the locality at
which the applicant proposes to engage in business, and the general character of
508 FOODS AND FOOD CONTROL.

such business, whether cold storage or otherwise, and shall accompany such appli-
cation with an affidavit of the applicant stating the total number of tons of salmon
fish or sturgeon handled by such applicant the year next preceding the year the
applicant desires the license, and shall deposit with the Master Fish Warden the
license fee as hereinafter provided. Such persons aforesaid of the first class shall
pay a license fee of $5.00; of the second class, $7.50; of the third class, $10; of the
fourth class, $15; of the fifth class, $20; of the sixth class, $25; of the seventh class,
$30; of the eighth class, $40; of the ninth class, $50; of the tenth class, $60; of the
eleventh class, $70; of the twelfth class, $80; of the thirteenth class, $100; of the
fourteenth class, $125; of the fifteenth class, $160; of the sixteenth class, $200; of the
seventeenth class; $270; of the eighteenth class, $360; of the nineteenth class, $450;
of the twentieth class, $540; of the twenty-first class, $630; of the twenty-second class,
$800; provided, that any person, firm, or corporation desiring a license that, during
the year preceding such application was not engaged in dealing in salmon fish or
sturgeon as a packer by the cold storage process or otherwise shall, upon application,
be classified by the board of fish commissioners, and the license fee to be paid shall
be three times the regular fee, according to the class named; excepting in a case
where a cold storage plant remained idle only one season, then and in that case the
license fee to be paid shall be double the regular fee. Persons desiring to engage in
the business of retailing salmon fish or sturgeon for home consumption, or peddling
such fish from house to house, shall be listed of the first class, and shall pay a license
therefor accordingly, whether said person caught his own salmon fish or sturgeon or
not. Where more than one shop or plant is operated by the same person, firm, or
corporation, each shall be licensed separately and according to its class. A peddler’s
license shall be good for one person or wagon, and no more. All licenses issued
under the provisions of this section shall be good only in the district for which the
same is issued, and shall expire on the thirty-first day of March following the issu-
ance of such license @—As amended February 24, 1903, and February 10, 1905; General
Laws, 1905, ch. 56, pp. 119-121.

4096. Duties of fish warden; prosecutions. The fish warden shall keep and preserve
a record of all applications for license filed. The fish warden is not bound by state-
ments therein made as to the amount of fish packed or handled, but for the purpose
of ascertaining the true class in which any cannery or dealer in salmon fish or stur-
geon, as herein provided, should be listed, such fish warden or any of his deputies
has full authority and is hereby authorized to inspect the cannery and places of busi-
ness of such parties, and the books of such parties showing the amount of their pack
or the amount handled (but the information derived therefrom shall not be made
public), and if in the opinion of the fish warden the facts set forth in the affidavit of
the applicant for a license are untrue, and the canner, packer, or dealer as herein
provided, is not properly classed, he shall immediately class the same and list the
same properly, and cancel the license already issued, and demand from such canner,
packer, or dealer, as herein specified, a new license fee necessary to bring it within
the class it should have been listed in in the first instance; but any person, firm, or
corporation feeling aggrieved by the decision of the fish warden may appeal from
the decision of the fish warden to the circuit court of the State of Oregon for the
county in which his or its business is situated. Such appeal is taken by serving a
written notice of such appeal on the fish warden, or his deputy residing in the county,
and filing same with proof of service indorsed thereon within ten days from receiy-
ing notice of such relisting by such fish warden, together with a bond with one or
more sufficient sureties, to be approved by the clerk of the circuit court, conditioned
to pay whatever judgment may be rendered against him on the appeal, in the office





“So in Statutes.




OREGON. 509

of the clerk of the circuit court of the State of Oregon for the county in which said

_ business is located; and the case shall be tried in the said circuit court as a suit in
equity, and judgment entered by the court accordingly, and the decision shall be
final, and the judgment of the court shall be enforced as other judgments are, and
shall have like force and effect. No costs shall be taxed against the fish warden in
any event. Nothing in this section shall be construed to prevent the board of fish
commissioners, or any one of the deputies, from giving in evidence at the trial of
of such appeal any fact or information derived by them from inspection of the books
or papers of any canner, packer, or dealer in fish, or from offering in evidence in
any court the affidavit of any person required by this act.

4102. Inspection by fish warden authorized. The fish warden is hereby authorized
to inspect all canneries, cold storage houses, boats, nets, wheels, traps, and other
fishing apparatus, and all property used in the catching and packing of fish, for the
purpose of enforcing the provisions of this act, and to that end said fish warden is
authorized to enter into said property and make inspection thereof.

Bellinger and Cotton’s Annotated Codes and Statutes, 1902, vol. 2, ch. 5, pp.
1356-1361.
VINEGAR.4@

Src. 38. Manufacture and sale regulated; cider vinegar. No person shall manufac-
ture, sell, offer or expose for sale, or possess with intent to sell or deliver any vinegar
not in compliance with the provisions of this act. No vinegar shall be sold as apple,
orchard, or cider vinegar which is not the legitimate product of pure apple juice,
known as apple cider or vinegar, not made exclusively of apple cider or vinegar, into
which foreign substances, drugs, or acids have been introduced, and upon test shall
contain not less than 13 per cent by weight of cider vinegar solids and 25 per cent
of ash, and not less than 4 per cent of absolute acetic acid.

Sec. 39. Distilled vinegar; fermented vinegar. All vinegar made wholly or in part
from ‘‘ grain of any kind, syrup, or refuse from sugar refineries by process of mash-
ing and distilling and then converting into vinegar,’’ shall be branded ‘Distilled
Vinegar,’’ and such vinegar shall be free from coloring matter added during or after
distillation, and from color other than that imparted to it by distillation. All fer-
mented vinegar other than cider vinegar not distilled shall contain not less than 1}
per cent by weight upon full evaporation (at the temperature of boiling water) of
solids contained in the fruit or grain from which said vinegar is fermented, and shall
contain not less than 2} tenths of 1 per cent ash. All vinegar shall be made wholly
from the fruit or grain from which it purports to be made, and contain no foreign
substance and contain not less than 4 per cent by weight of absolute acetic acid.

Sec. 40. Use of mineral acids prohibited. No person shall manufacture for sale, offer
for sale, or possess with intent to sell, any vinegar found upon proper test to con-
tain any preparation of lead, copper, sulphuric, or other mineral acids, or ingredients
injurious to health. All packages, bottles, and any other vessel containing vinegar,
other than pure cider vinegar, shall all be marked, stenciled, or branded on the cask,
barrel, keg, bottle, or any other vessel containing such vinegar with the name and
residence of the manufacturer, together with the brand.

Filed February 22, 1905. Laws of 1905, ch. 209, pp. 357-358.
WATER.

2128. Pollution of water by sewerage a misdemeanor. Any person who shall put any
sewerage, drainage, or refuse, or polluting matter, as either by itself or in connection
with other matter will corrupt or impair the quality of any well, spring, brook,



“See also Dairy Products for general provisions, penalties, appropriations, etc.,
applying also to these sections.
510 FOODS AND FOOD CONTROL.

creek, branch, or pond of water, which is used or may be used for domestic pur-
poses, shall be deemed guilty of misdemeanor.

2129. Pollution of water supply by decaying substances, etc., a misdemeanor. If any
person shall put any dead animal carcass, or part thereof, excrement, putrid, nau-
seous, noisome, decaying, deleterious, or offensive substance into, or in any other
manner not herein named befouls, pollutes, or impairs the quality of, any spring,
brook, creek, branch, well, or pond of water which is or may be used for domestic
purposes, or shall put any such dead animal carcass, or part thereof, excrement,
putrid, nauseous, noisome, decaying, deleterious, or offensive substance within one
half mile of any dwelling house or public highway and leave the same without
proper burial, or, being in the possession or control of any land, shall knowingly
permit or suffer any such dead animal carcass, or part thereof, excrement, putrid,
nauseous, noisome, decaying, deleterious, or offensive substance to remain without
proper burial upon such premises, within one half mile of any dwelling house or
public highway, whereby the same becomes offensive to the occupants of such dwell-
ing or the traveling public, he shall be deemed guilty of a misdemeanor.

2130. Penalty; jurisdiction. Any person violating the provisions of this act shall,
upon conviction, be fined not less than ten nor more than fifty dollars, or be impris-
oned not less than five days nor more than twenty-five days, or by both fine and
imprisonment. Justices of the peace shall have jurisdiction of offenses committed
against the provisions of this act.

2131. Penalty for violation of sec. 2129. If any person or persons shall put any dead
animal’s carcass, or part thereof, or any excrement, putrid, nauseous, decaying, dele-
terious, or offensive substance, in any well, or into any spring, brook, or branch of
running water, of which use is made for domestic purposes, or to which any cattle,
horses, or other kind of stock have access, every person so offending shall, on con-
viction thereof, be fined in any sum not less than three nor more than fifty dollars.

Bellinger and Cotton’s Codes and Statutes, 1902, vol. 1, ch. 9, pp. 735-736.


PENNSYLVANIA.

The State dairy and food commissioner, who is an officer of the
department of agriculture of Pennsylvania, is charged with the enforce-
ment of all dairy and food laws of the State with the exception of cer-
tain older laws which, while they remain in the statute books, are
practically superseded by more recent legislation. The commissioner
is appointed by the governor for a term of four years, and all of his
actions are subject to approval by the secretary of agriculture.

GENERAL FOOD LAWS.

5. Unwholesome or adulterated provisions; penalty. If any person shall sell or expose
for sale, the flesh of any dieased animal, or any other unwholesome flesh, knowing
the same to be diseased or unwholesome, or sell or expose for sale unwholesome
bread, drink or liquor, knowing the same to be unwholesome; or shall adulterate
for the purpose of sale, or sell any flour, meal or other article of food, any wine,
beer, spirits of any kind, or other liquor intended for drinking, knowing the same
to be adulterated; or shall adulterate for sale, or shall sell, knowing them to be so
adulterated, any drugs or medicines; such person so offending shall be guilty of a
misdemeanor, and upon conviction be sentenced to pay a fine, not exceeding one
hundred dollars, or undergo an imprisonment, not exceeding six months, or both,
or either, at the discretion of the court.

P. L., 1860, p. 401; Brightly’s Purdon’s Digest, 1894, vol. 1, p. 473.

1. Oath of clerks of markets. The clerks of the several markets within this prov-
ince, now in office, and all such clerks as shall hereafter be appointed, before they
enter upon the execution of their office, shall take the following oath or affirmation,
before some magistrate or justice of the city, borough or county wherein they shall
reside, viz: ‘‘ That he will well and truly, to the best of his skill and judgment, do

-and perform all the things joined and required of him as clerk of the market, by
the laws of this province.’’

2. Buying and selling of provisions. It shall and may be lawful for any person or
persons to sell or expose for sale provisions, vegetables or fruit, in the markets of
any city, borough or corporate town within this commonwealth: Provided always,
That such provisions, vegetables or fruit shall not have been previously purchased
within the limits of such city, borough or corporate town.

3. Unwholesome or tainted meat; penalty. It shall not be lawful for any butcher or
other person to expose for sale any tainted or unwholesome meat or fish, or any veal
less than three weeks old when killed, in any of the market-houses or other places
for vending meat, in any of the cities or boroughs in the several counties of this com-
monwealth, under a penalty of ten dollars for each offense, to be recovered as other
penalties are recoverable, before any alderman or justice of the peace; one-half of
said penalty to go to the informer, and the other half for the benefit of the poor.

Brightly’s Purdon’s Digest, 1700-1894, vol. 2, p. 1294.
511
519 FOODS AND FOOD CONTROL.

Sec. 13. Decayed or unwholesome provisions; penalty. It shall be unlawful for any
person, firm, or corportion to keep, expose, or offer for sale for food, or keep the same
_for the purpose of sale for food, within the limits of said cities (second class), any
emaciated, tainted, putrid, decayed, decaying, unwholesome or diseased meat. In
case of keeping, exposing, or offering such, the said bureau shall have the power and
authority to seize, condemn, and confiscate the same, and also all maimed and dis-
eased animals, or any that may be too young to be used for food. The keeping,
offering, exposure, or sale as aforesaid of any emaciated, tainted, putrid, decayed,
decaying, unwholesome or diseased meat, or of any maimed or diseased animal or
animals too young to be used for food shall be and is hereby declared to be unlaw-
ful, and the person so offending shall be subject to a fine of not less than twenty-five
nor more than one hundred dollars. The exposure or offering for sale for food, or
keeping for purposes of sale for food any decayed or unwholesome vegetable, or
other matter or thing, is hereby declared to be unlawful, and any person or persons
so offending shall be liable to a fine not exceeding one hundred dollars.

Approved June 26, 1895. Laws 1895, Act 258, p. 350.

Src. 1. Adulteration prohibited. No person shall, within this State, manufacture for
sale, offer for sale or sell any article of food which is adulterated within the meaning
of this act. ;

Src. 2. Food defined. The term ‘‘food,’’ as used herein, shall include all articles
used for food or drink by man whether simple, mixed or compound.

Src. 3. Adulteration defined. An article shall be deemed to be adulterated within
the meaning of this act:

(a). In the case of food: (1). If any substance or substances have been mixed with
it so as to lower or depreciate or injuriously affect its quality, strength or purity.
(2). If any inferior or cheaper substance or substances have been substituted wholly
orin part forit. (3). If any valuable or necessary constituent or ingredient has been
wholly or in part abstracted from it. (4). If it is an imitation of or is sold under the
name of another article. (5). If it consists wholly or in part of a diseased, decom-
posed, putrid, infected, tainted or rotten animal or vegetable substance or article,
whether manufactured or not,—or in case of milk if it is the produce of a diseased
animal. (6). If it is colored, coated, polished or powdered, whereby damage or
inferiority is concealed, or if by any means it is made to appear better or of greater
value than it really is. (7). If it contains any added substance or ingredient which
is poisonous or injurious to health: Provided, That the provisions of this act shall
not apply to mixtures or compounds recognized as ordinary articles or ingredients
of articles of food, if each and eyery package sold or offered for sale be distinctly
labeled as mixtures or compounds, and are not injurious to health.

Sec. 4. Samples for analysis. Every person manufacturing, offering or exposing
for sale or delivering to a purchaser any article of food included in the provisions of
this act shall furnish to any person interested or demanding the same, who shall
apply to him for the purpose and shall tender him the value of the same, a sample
sufficient for the analysis of any such article of food which is in his possession.

Sec. 5. Penalties. Whoever refuses to comply, upon demand, with the require-
ment of section four, and whoever violates any of the provisions of this act shall be
guilty of a misdemeanor and upon conviction shall be fined not exceeding one hun-
dred nor less than fifty dollars, or imprisoned not exceeding ninety nor less than
thirty days, or both, and any person found guilty of manufacturing, offering for sale
or selling any adulterated article of food under the provisions of this act shall be
adjudged to pay, in addition to the penalties herein provided for, all necessary costs
and expenses incurred in inspecting and analyzing such adulterated articles of which


a

PENNSYLVANIA. 513

oe — ———

said person may have been found guilty of manufacturing, selling or offering for
sale: Provided, That all penalties and costs for the violation of the provisions of this
act shall be paid to the Dairy and Food Commissioner, or his agent, and by him
paid into the State Treasury, to be kept as a fund separate and apart for the use of
the Department of Agriculture for the enforcement of this act and to be drawn out
upon warrant signed by the Secretary of Agriculture and the Auditor General.

Sec. 6. Enforcement of act. The agent of the Department of Agriculture, known
as the Dairy and Food Commissioner of this State, shall be charged with the enforce-
ment of all the provisions of this act and shall have the same power to enforce the
provisions of this act that is given him to enforce the provisions of the act by which
he receives his appointment.

Approved June 26, 1895. Laws,1895, p. 317; Brightly’s Digest of Laws 1893-1903,
pp. 29-30.

ALCOHOLIC BEVERAGES.

9. Use ef poison or harmful drugs in beverages. It shall be unlawful for any person
or persons to make use of any active poison, or other deleterious drugs, in any quan-
tity or quantities, in the manufacture or preparation, by process of rectifying or
otherwise, of any intoxicating malt or alcoholic liquors, or for any person or persons
to knowingly sell such poisoned or drugged liquors in any quantity or quantities; and
any person or persons so offending shall be deemed guilty of a misdemeanor.

10. Branding. It shall be the duty of any person or persons engaged in the man-
ufacture and sale of intoxicating malt or alcoholic liquors, or in rectifying or prepar-
ing the same in any way, to brand on each barrel, cask or other vessel containing the
same, the name or names of the person or persons manufacturing, rectifying or pre-
paring the same, and also these words, ‘‘containing no deleterious drugs or added
poison;’’ and shall also certify the same fact or facts to the purchaser, over his, her
or their own proper signature.

11. Possession of drugged liquors. If any barrel, cask or other vessel, containing
any such drugged or poisoned liquor, shall be found in the possession of any person
or persons designated in sections one and two [Seces. 9 and 10], it shall be deemed
prima facie evidence of a violation of the provisions of this act.

12. Analysis of suspected liquors. Any suspected article or specimen of intoxicating

malt or alcoholic liquor, shall be subjected to analysis by some competent person to
perform the same, under the direction of the court before which the case is tried;
and such analysis, duly certified under oath, shall be deemed legal evidence in any
court in this state: Provided, That upon any preliminary examination, before any
justice of the peace, mayor or other magistrate or competent authority, for the pur-
pose of binding over, such officer may order the inspection aforesaid to be made, and
make such order as may be necessary to preserve the evidence of the offence, until
the trial of the offender.
13. Penalty. Any person offending against any of the provisions of this act shall
be deemed guilty of a misdemeanor, and on conviction thereof, shall be sentenced to
pay a fine, not exceeding five hundred dollars, and to undergo an imprisonment, not
exceeding twelve months, or both, or either, in the discretion of the court.

14. Use of drugs, etc., in process of manufacture. Any and all persons engaged in
the business of brewing or manufacture of ale, beer or other malt liquors, or in the
fermentation, distillation or manufacture of any vinous or spirituous liquors, be and
they are hereby prohibited making use, in or about such business, or in any such
process of brewing, fermentation, distillation or manufacture, of any poisonous or
deleterious drugs or chemicals, or any impure or injurious materials, or such as are
prejudicial to the public health, or to the health of any person drinking or making
use of any such malt, vinous or spirituous liquors.
514 FOODS AND FOOD CONTROL.

15. Penalty. The use of any such poisonous or deleterious drugs or chemicais, or
impure or injurious materials, or of those prejudicial to health, as are prohibited by
the first section of this act, (14) is hereby declared to be a misdemeanor, and any
person convicted of so using the same, shall be punished by a fine of one thousand
dollars, and by an imprisonment of not more that one year.

Brightly’s Purdon’s Digest, 1894, vol. 1, p. 473.

46. Proof of adulteration. In all actions for the sale of any spirituous, vinous or
malt liquors, or any admixtures thereof, it shall be competent for the defendant, in
every such case, to prove that said liquors or admixtures thereof were impure, viti-
ated or adulterated; and proof thereof being made, shall amount to a good and legal
defence to the whole of the plaintiff’s demand.

Brightly’s Purdon’s Digest, vol. 2, 1894, p. 1233.
APPLE PRODUCTS.

7. (1) Enforcement of law. The State Dairy and Food Commissioner shall be
charged with the enforcement of all laws against fraud and adulteration or impurities
in vinegar, jellies, cider, evaporated apples and all apple products, and the unlawful
labeling of the same in the State of Pennsylvania.

8. (2) Inspection and prosecution. It shall be the duty of said Dairy and Food
Commissioner to inspect any articles of vinegar, jellies, cider, evaporated apples or
other apple products made or offered for sale in the State of Pennsylvania as an
article of food or drink, and to prosecute or cause to be prosecuted any person or
persons, firm or firms, corporation or corporations engaged in the manufacture
or sale of any adulterated article of food or drink, or adulterated in violation of
or contrary to any laws of the State of Pennsylvania now in force or hereafter to be
passed.

9. (3) Inspection and sampling privileges. The said Food Commissioner and such
assistants, agents, experts, chemists, detectives and counsel as he shall duly author-
ize for the purpose, shall have full access, egress, ingress to all places of business,
factories, mills, buildings, carriages, cars, vessels and barrels, tanks and packages
of whatever kind, used in the manufacture and transportation and sale of any
apple products, or of any adulteration or imitation thereof. They shall also have
power and authority to open any package, barrel or vessel containing apple products,
or any adulteration or imitation thereof, which may be manufactured, sold or
exposed for sale in violation of any of the provisions of any act now enacted or
which may be hereafter enacted in relation to apple products, or the adulteration
or imitation or unlawful labeling thereof, and they shall also have power to take
from such packages, barrel or vessel samples for an analysis, after tendering compen-
sation for said samples thus taken.

10. (4) Disposal of fines, etc. All penalties and costs shall be received by the
State Board of Agriculture for the violation of this act and of other acts now enacted
or hereafter to be enacted prohibiting or regulating the adulteration or imitation of
any apple product, and shall be appropriated by the said board to the payment only
of the necessary expenses incurred by the said Dairy and Food Commissioner and
his assistants and agents in the investigation, discovery and prosecution of violation
of this act.

11. (5) Lexpenses. That all charges, accounts and expenses of the said Com-
missioner, and all of the assistants, agents, experts, chemists, detectives and counsel
employed by him in carrying out the provisions of this act, shall be paid by the
Treasurer of the State in the same manner as other accounts and expenses of the said
Board of Agriculture are now paid, as provided by law.



PENNSYLVANIA. 515

42. (6.) Report of food commissioner. That the said Commissioner shall make an
annual report of his work and proceedings, and shall report in detail the number
and names of his assistants, agents, experts, chemists, detectives and counsel em-
ployed by him in carrying out the provisions of this act, together with their expenses
and disbursements, and be a part of his general report, not a separate one, to the said
_ State Board of Agriculture at its annual meeting.

_ Approved July 5, 1895. Laws 1895, p. 605. Brightly’s Digest of Laws 1893-1903,
pp. 30-31. :

BREAD, ETC.

Sec. 17. Sanitation of bakeries, etc. All persons, firms and corporations engaged in
the manufacture or baking of bread, cakes, crackers, pastry, pretzels or maccaroni,
for public sale, shall keep their room or rooms for baking, mixing, storing, or sale
of flour or other grain products separate and apart from any sleeping-room, water-
closet, urinal, defective drain or sewer pipe, and shall not permit the harboring of
any domestic animal therein. The floors of all baking, mixing, storing and sales-
rooms shall be kept clean and tightly joined and free from crevices, and the walls
and ceilings shall be painted, kalsomined or whitewashed as often as twice in each
year, and oftener if, in the opinion of the Chief Factory Inspector or his deputy, the
safety of the employes or the public shall require.

Sec. 18. Permit issued by inspector. When the fareging@ provisions of section sey-
enteen are complied with, the Chief Factory Inspector or his deputy shall issue to
the owner or person in charge of such bakeshop a permit, stating that the same is
in a clean and sanitary condition; which permit shall be posted and kept posted in
the office or salesroom of the bakeshop, aforesaid; but when any of the foregoing
provisions of section seventeen are not being complied with in any bakeshop, the
Chief Factory Inspector or his deputy shall issue to the person in charge, or his rep-
resentative, a written order to comply with the law aforesaid, within ten days; or
he may order the closing of any such bakeshop until the order shall have been com-
plied with, should the safety of the employes or the public, in his opinion, so require.

Approved May 2, 1905. Laws of 1905, No. 226, pp. 357-358.

CONFECTIONERY.

6. Penalty for addition of injurious ingredients. If any person shall manufacture for
sale, or sell or offer to sell any candy or confectionery adulterated by the mixture of
terra alba, barytes, talc, or other mineral substance, or by poisonous colors, or flavors,

_ or other ingredients, deleterious or detrimental to health, knowing the same to be so
adulterated, such person so offending shall be guilty of a misdemeanor, and, upon
conviction, be sentenced to pay a fine not exceeding one hundred dollars nor less
than fifty dollars, and the candy and confectionery so adulterated shall be forfeited
and destroyed by the order oi the court.

7. Possession of adulterated products. If any candy or confectionery adulterated in
violation of the first section of this act (6), shall be found in the possession of any
manufacturer, merchant or dealer, it shall be deemed prima facie evidence that the
same is offered for sale and that the person having it in possession knew that the same
was so adulterated.

8. No action shall be maintained or recovery had in any case for the value of any
candy or confectionery which may have been adulterated, as specified in the first
section of this act, (6) and it shall be competent for the defendant in every such case





“So in Statutes,
516 FOODS AND FOOD CONTROL.

to prove that the candy or confectionery was so adulterated, and proof thereof being
so made, shall amount to a good and legal defence to the whole of the plaintiff’s
claim therefor.

Approved May 23, 1887. Public Laws, 1887, 157; Brightly’s Purdon’s Digest, vol.
1, 1894, p. 473.

DAIRY PRODUCTS.

1. Milk inspection. The councils of cities and boroughs’ in this commonwealth be
and they are hereby authorized and empowered to provide for the inspection of milk,
under such rules and regulations as will protect the people from adulteration and
dilution of the same.

2. Penalty for sale of impure milk. Any person or persons, who shall knowingly
sell or exchange, or expose for sale or exchange, any impure, adulterated or unwhole-
some milk, shall be deemed guilty of a misdemeanor, and on conviction shall be
punished by a fine of not less than twenty dollars for each offense; and if the fine be
not paid, shall be imprisoned for not less than fifteen days, or until said fine shall
be paid.

3. Adulteration of milk; penalty. Any person who shall adulterate milk, with the
view of offering the same for sale or exchange, shall be deemed guilty of a mis-
demeanor, and on conviction shall be punished by a fine of not less than ten dollars
_for each and every offence; and if the fine be not paid, shall be imprisoned for not
less than eight days, or until said fine is paid.

4, Marking of milk wagons. Any person or persons who shall in any cities,
boroughs and villages, having a population of one thousand inhabitants and upwards,
engage in or carry on the sale, exchange or traffic in milk, shall have the carriage or
vehicle from which the same is vended conspicuously marked with his, her or their
names, also indicating the locality from whence said milk is obtained or where pro-
duced; and for every neglect of such marking, the person or persons so neglecting
shall be subject to the penalties provided for in section second of this act.

5. False marking of milk wagons. For marking wagons or vehicles, so as to convey
the idea that said milk is procured from, or produced in, a different locality than it
really is, the person or persons so offending shall be subject to a fine of fifty dollars,
or imprisonment not less than thirty days, or both, at the discretion of the cout.

6. Adulterated and unwholesome milk defined. The addition of water or of ice to the
milk, is hereby declared an adulteration; any milk obtained from animals fed on
distillery-waste or any substance in a state of putrefaction, is hereby declared to be
impure and unwholesome.

7. Sale of milk to butter and cheese factories. Uf any person or persons shall, with
intent to defraud, sell, supply or bring to be manufactured, to any butter or cheese
manufactory in this state, any milk, diluted with water, or in any way adulterated,
uncleanly or impure, or milk from which cream has been taken, or milk commonly
known as skimmed milk, or if any person or persons so furnishing milk as aforesaid,
who shall keep back any part of the milk known as “‘strippings,’’ or shall knowingly
bring or supply milk to any butter or cheese manufactory that is tainted or partially
sour, or shall knowingly bring or supply to any butter or cheese manufactory, milk
drawn from cows within fifteen days before parturition, or within five days after
parturition, shall for each offence forfeit and pay a sum not less than ten dollars nor
more than one hundred dollars, with costs of suit, to be sued for in any court of
competent jurisdiction for the benefit of the person or persons, firm or association or
corporation upon whom such fraud or neglect shall be committed.— Laws, 1869.

8. Sale of adulterated or impure milk in cities. In cities of the second and third
classes, whoever, by himself or by his servant or agent, or as the servant or agent of
any other person, sells, exchanges or delivers, or has in his custody or possession
with intent to sell or exchange, or exposes or olfers for sale or exchange, adulterated

a


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PENNSYLVANIA. 517

“milk, or milk to which water or any foreign substance has been added, or milk pro-

duced from cows fed upon any substance in a state of putrefaction, or from sick and
diseased cows, shall, for such offence, be punished by fine of not less than twenty,
nor more than one hundred dollars.

9. Diluted or skimmed milk. Whoever, by himself or by his servant or agent, or as
the servant or agent of any other person, sells, exchanges or delivers, or has in his
custody or possession, with intent to sell or exchange, or exposes or offers for sale as
pure milk, any milk from which the cream or any part thereof has been removed,
shall, for such offence, be punished by the penalty provided in the preceding section.

10. Skimmed milk must beso marked. No dealer in milk and no servant or agent of
such a dealer, shall sell, exchange or deliver, or have in his custody or possession,
with intent to sell, exchange or deliver, milk from which the cream or any part
thereof has been removed, unless in a conspicuous place above the center upon the
outside of every vessel, can or package, from or in which such milk is sold, the
words ‘‘skimmed milk”’ are distinctly painted in letters not less than one inch in
length. Whoever violates the provisions of this section, shall, for such offence, be
punished by the penalty provided in section one of this act.

11. Milk standard. If the milk mentioned in sections one and two of this act is
shown, upon analysis, to contain more than eighty-seven and fifty one-hundredth
per centum of watery fluid, and to contain less than twelve and fifty one-hundredth
per centum of milk solids, and less fat than three per centum, and if the spe-
cific gravity at sixty degrees Fahrenheit is not between one and twenty-nine one
thousandths to one and thirty-three one thousandths, it shall be deemed to be
adulterated.

12. Skimmed milk standard. If the skimmed milk mentioned in section three of

_ this act, is shown, upon analysis, to contain less than six per centum of cream by

volume, and less than two and five-tenths per centum of fat by weight, and if
the specific gravity at sixty degrees Fahrenheit, in not between one and thirty-two
thousandths, to one and thirty-seven thousandths, it shall be deemed to be
adulterated.

13. Milk tests. Whenever the inspector of milk has reason to believe that any
milk found by him is adulterated, he shall take specimens thereof and test the same
with such instrument or instruments as are used for such purpose, and if the result
of such test indicates that the milk has been adulterated or deprived of its cream,
or any part thereof, the same shall be prima facie evidence of such adulteration in
prosecutions under this act.

14. Milk analyses. If the said inspector shall deem it necessary, he shall cause
such milk to be analyzed, the result of which analysis he shall record and keep as

- evidence, and a certificate of such result, sworn to by the analyzer, shall be admis-

sible in evidence in prosecution under this act. The expense of such analysis, not
exceeding fifteen dollars in any one case, may be included in the costs of such prose-
cutions.

15. Prosecutions. It shall be the duty of the inspector of milk to commence pro-
ceedings in the name of the board of health for any violations of the provisions of
this act, from his own knowledge, or on information of any person giving satisfac-
tory evidence to him of such violations, before any mayor, deputy mayor or alder-
man of said cities.

16. Disposition of fines; nonpayment. The recovery of fines or penalties imposed
and inflicted on any person by the provisions of this act, shall be for the use of said
board of health, and upon nonpayment of the fines or penalties imposed and inflicted

as aforesaid, such person shall be committed to the county jail for a period not

exceeding thirty days.
17. Additional penalties. That in addition to the fines mentioned in the foregoing
sections of this act, any person or persons violating the same shall be deemed guilty
518 FOODS AND FOOD CONTROL. 3

of a misdemeanor, and, upon conviction thereof, shall be liable to a fine of not less
than fifty, nor more than one hundred dollars, or by imprisonment in the county
jail for not less than ten, nor more than thirty days, or both, or either, at the discre-
tion of the court.

Laws of 1885; Brightly’s Purdon’s Digest, vol. 2, p. 1332.

Sec. 1. Manufacture and sale of butter substitutes. No person, firm or corporate body
shall manufacture out of any oleaginous substance or any compound of the same, other
than that produced from unadulterated milk, or of cream from the same, any article
designed to take the place of butter or cheese produced from pure, unadulterated
milk, or cream from the same, or of any imitation or adulterated butter or cheese,
nor shall sell or offer for sale, or have in his, her or their possession, with intent to
sell the same as an article of food.

Sec. 2. Sales declared void. Every sale of such article or substance, which is pro-
hibited by the first section of this act, made after this act shall take effect, is hereby
declared to be unlawful and void, and no action shall be maintained in any of the
courts of this state to recover upon any contract for the sale of any such article or
substance.

Src. 3. Penalty; disposal of fines. Every person, firm or corporate body who shall

manufacture, sell or offer or expose for sale, or have in his, her or their possession, ©

with intent to sell, any substance, the manufacture and sale of which is prohibited by
the first section of this act shall, for every such offense, forfeit and pay the sum of
one hundred dollars, which shall be recoverable, with costs, by any person suing in
the name of the Commonwealth, as debts of like amount are by law recoverable, one-
half of which sum when so recovered shall be paid to the proper county treasurer
for the use of the county in which the suit is brought, and the other half shall be
paid to the Dairy and Food Commissioner, or his agent, and by him covered into
the State Treasury to be kept asa fund, separate and apart, for the use of the Depart-
ment of Agriculture for the enforcement of this act, and to be drawn out upon
warrants approved and signed by the Secretary of Agriculture and the Auditor
General.—As amended June 26, 1895.

Src. 4. Penalty for violation of sec. 1. Every person who violates the provisions
of the first section of this act, shall be deemed guilty of a misdemeanor, and, upon
conviction, shall be punished by a fine of not less than one hundred dollars nor more
than three hundred, or by imprisonment in the county jail for not less than ten nor
more than thirty days, or both such fine and imprisonment for the first offence,
and imprisonment for one year for every subsequent offence.

Sec. 5. Reports of violations of act. It shall be the duty of constables of the several
cities, boroughs, wards and townships of this commonwealth, to make quarterly
reports, under oath, to the courts of quarter sessions, of all violations of any of the
provisions of this act which may come or be brought to their notice ; and it shall be
the duty of the judges of the said courts to see that the said returns are made regu-
larly and faithfully.—Secs. 1-4, approved May 21, 1885.

Sec. 6 (1). Use of dairy products in charitable or penal institutions. It shall not be
Jawful for any charitable or penal institution in the State of Pennsylvania to use or
furnish to its inmates, any substance, the manufacture or sale of which is prohibited
by section one of the act, entitled ‘‘An act for the protection of the public health and

to prevent the adulteration of dairy products and fraud in the sale thereof,’”’ approved.

May twenty-first, Anno Domini one thousand eight hundred and eighty-five (p.
344).—Approved May 23, 1898.

Src. 7 (2). Penalty for buying. Any otticer, agent, steward or other official of any
such charitable or penal institution, who shall knowingly buy any substance the
manufacture or sale of which is prohibited by section one of the said act of May
twenty-one, Anno Domini one thousand eight hundred and eighty-five, for use in





PENNSYLVANIA. 519

such charitable or penal institution, or who shall knowingly cause such substance to
be used by the inmates of such charitable or penal institution, shall be deemed guilty
of a misdemeanor, and upon conviction shall be punished by a fine not exceeding
one thousand dollars, or imprisonment not exceeding two years for each offense, or
either or both, at the discretion of the court.—Approved May 23, 1893.

Src. 8 (2). Penalty for selling. Every person who shall knowingly sell or offer for
sale, to any officer, agent, steward or other official of any charitable or penal institution
any substance, the manufacture or sale of which is prohibited by section one of the
said act of May twenty-first, Anno Domini one thousand eight hundred and eighty-
five, for use in such charitable or penal institution, shall be deemed guilty of a
misdemeanor, and upon conviction, shall be punished by a fine not exceeding one
thousand dollars or by imprisonment not exceeding two years, or either or both, at
the discretion of the court.—Approved May 23, 1893.

Sec. 9 (1). Enforcement of dairy laws. The State Board of Agriculture be and is
hereby empowered and charged with the enforcement of the provisions of the act,
entitled ‘‘An act for the protection of the public health, and to prevent the adultera-
tion of dairy products and fraud in the sale thereof,’’ approved May twenty-first,
Anno Domini one thousand eight hundred and eighty-five, and with the enforcement
of all other laws now enacted, or hereafter to be enacted, prohibiting or regulating
the adulteration or imitation of butter, cheese or other dairy products.—Approved
May 26, 1893.

Sec. 10 (2). Dairy and food commissioner. For the purpose of securing the enforce-
ment of the provisions of the said laws concerning dairy products, the president of
the State Board of Agriculture be and hereby is authorized and empowered to appoint
an agent of the said Board, who shall be known by the name and title of the ‘‘ Dairy
and Food Commissioner,’’ who shall hold his office for the term of two years, or
until his successor shall be duly appointed and qualified, and shall receive a salary
of two thousand dollars per annum and his necessary expenses incurred in the dis-
charge of his official duties under this act. The said agent shall be charged under
the direction of the said Board with the execution and enforcement of all laws now
enacted, or hereafter to be enacted, in relation to the adulteration or imitation of
dairy products.—Approved May 26, 1893.

Sec. 11 (3). Assistants; salaries. The said agent of the said Board, the said Dairy
and Food Commissioner, is hereby authorized and empowered, subject to the
approval of the said State Board of Agriculture, to appoint and fix the compensation
of such assistants, agents, experts, chemists, detectives and counsel as may be
deemed by him necessary for the proper discharge of the duties of his office, and for
the discovery and prosecution of violations of the said laws: Provided, That the
entire expenses of the said agent and of all his assistants, agents, experts, chemists,
detectives and counsel (salaries included), shall not exceed the sum appropriated
for the purposes of this act.—Approved May 26, 1898.

Src. 12 (4). Inspection and sampling. The said agent of the State Board of Agri-
culture and such assistants, agents, experts, chemists, detectives and counsel, as he
shall duly authorize for the purpose, shall have full access, egress and ingress to all
places of business, factories, farms, buildings, carriages, cars, vessels and cans, used
in the manufacture, transportation and sale of any dairy products, or of any adul-
teration or imitation thereof. They shall also have power and authority to open
any package, can or vessel containing dairy products, or any adulteration: or imita-
tion thereof, which may be manufactured, sold or exposed for sale, in violation of
any of the provisions of any act now enacted or which may be hereafter enacted in
relation to dairy products, or the adulteration or imitation thereof, and they shall
also have power to take from such package, can or vessel, samples for analysis.—
Approved May 26, 1898.

10945—No. 69, pt 6—06——5
520 FOODS AND FOOD CONTROL.

Sec. 13 (5). Disposal of fines. All penalties and costs received by the said State
Board of Agriculture for violations of the said act of May twenty-first, Anno Domini
one thousand eight hundred and eighty-five, and of other acts now enacted or here-
after to be enacted, prohibiting or regulating the adulteration or imitation of butter,
cheese or other dairy products, shall be appropriated by the said Board to the pay-
ment only of the necessary expenses incurred by the said Dairy and Food Commis-
sioner and his assistants and agents in the investigation, discovery and prosecution
of violations of the said act.—Approved May 26, 1893.

Sec. 14 (6). Payment of accounts. All charges, accounts and expenses of the said
Commissioner, and of all the assistants, agents, experts, chemists, detectives and
counsel employed by him, shall be paid by the Treasurer of the State in the same
manner as other accounts and expenses of the said State Board of Agriculture are
now paid as provided by law.—
Sec. 15 (7). Commissioner’s reports. The said Commissioner shall make annual
reports of his work and proceedings, and shall report in detail the number and names
of the assistants, agents, experts, chemists, detectives and counsel employed by him,
with their expenses and disbursements, the number of prosecutions, the number of
convictions and the penalties recovered in each case, which report shall be pre-
sented to the said State Board of Agriculture at its annual meeting.—Approved May
26, 1893.

Brightly’s Purdon’s Digest, 1700-1894, vol. 2, pp. 1621, 1622.

57. (14.) Registration of dairies, etc. It shall be the duty of the Bureau of Health
to make a complete registration of all dairies and milk depots in the said cities, and to
require the names of the owners of the different dairies, or of the persons dealing in
milk, to be legibly placed upon each vehicle used for the conveyance of milk, and
any person or persons refusing or neglecting to give such information, or to place his
or their name or names on said vehicles as aforesaid, shall be liable to a fine of not
more than twenty dollars for each and every day the same shall be omitted.

58. (15.) Adulterated milk unlawful. It shall be unlawful for any person or persons
to offer for sale, exchange or delivery, or to have in their custody or possession, with
intent to sell, exchange or deliver, or expose or offer for sale or exchange, any milk
adulterated with water or other substance, or any milk from diseased cows or
goats; and if any person or persons shall violate any of the provisions of this section,
he, she or they shall be subject to all the penalties prescribed in section 114 of this
act, and, in addition thereto, said bureau of health shall have the power and author-
ity to seize, condemn and confiscate such milk.—As amended May 2, 1899, Laws
of 1899, No. 113, sec. 8, p. 172.

59. (16.) Enforcement of law. It shall be the duty of the said Bureau of Health to
see that the provisions of sections fourteen and fifteen of this act are enforced, and
for that purpose its officers shall have the right at all times to enter all places where
milk may be sold, or stop any vehicle used in conveying the same, and cause a sam-
ple to be tested or analyzed.

60. (17.) Marking of milk wagons. Any person or persons who shall in any of said
cities engage in or carry on the sale, exchange, or traffic in milk, shall have the
carriage or vehicle from which the same is vended conspicuously marked with his,
her or their names, also designating the locality from which said milk is obtained
or where produced, and for every neglect of such marking, the person or persons
so neglecting shall be subject to a fine not exceeding ten dollars. For marking
wagons or vehicles so as to convey the idea that said milk is procured from or pro-
duced in a different locality than it really is, the person or persons so offending shall
be subject to a fine not exceeding fifty dollars. The addition of welet.¢ or Eo ice to





«No penalty prescribed.
PENNSYLVANIA. 521




; milk, is hereby declared an adulteration, and any milk obtained from animals fed
on distillery waste or any substance in a state of putrefaction, is hereby declared to
be impure and unwholesome.

Approved June 26, 1895. Laws 1895, Act 258, p. 350; Brightly’s Digest of Laws,
1893-1903, p. 557.

Sec. 1. Preservatives in milk; penalty. The sale or offering for sale of milk for
human consumption in this Commonwealth, to which has been added boracic acid,
salt boracic acid, salicylic acid, salicylate of soda or any other acid drug, compound
or substance, shall be a misdemeanor and punishable by a fine of not more than one
hundred dollars, or an imprisonment not exceeding three months, or both, or either,
at the discretion of the court. ;

Law of June 26, 1895; Brightly’s Digest of Laws, 1893-1903, p. 439.

2. (1) Preservatives in milk. If any person, firm or corporate body, by himself,
herself or themselves, or by his, her or their agents or servants, shall offer for sale,
expose for sale, sell, or have in possession with intent to sell, for human consump-
tion, milk or cream to which has been added boracic acid salt, boracic acid, salicylic
acid, salicylate of soda, formaline, formaldehyde, sodium fluoride, sodium benzoate,
or any other compound or substance for the purpose of preserving or coloring the
same, shall be deemed guilty of a misdemeanor, and upon conviction thereof in the
Court of Quarter Sessions of the proper county shall be sentenced to pay a fine of
not less than fifty nor more than one hundred dollars, or to undergo an imprison-
ment not exceeding sixty days, or both, at the discretion of the court.—As amended
April 19, 1901, Laws 1901, Act 59, p. 85.

3. (2) Enforcement of act. The agent of the Department of Agriculture, known
as the Dairy and Food Commissioner, shall be charged with the enforcement of all
the provisions of this act, and shall have all the power to enforce this act that is
given him to enforce the provisions of the act by which he receives his appointment.

4. (3) Disposition of fines, etc. All penalties and costs for the violation of the pro-
visions of this act shall be paid to the Dairy and Food Commissioner or his agent,
and by him paid into the State Treasury, to be kept as a fund, separate and apart,
for the use of the Department of Agriculture for the enforcement of this act, and to
be drawn out upon warrant signed by the Secretary of Agriculture and the Auditor
General.

5. (4) Repeal. All acts or parts of acts inconsistent with the provisions of this act

_ are hereby repealed.

Approved June 10, 1897. Laws 1897, Act 118, p. 142; Brightly’s Digest of Laws,
1893-1903, pp. 439-440.

Sec. 1. Adulterated cheese. No person, firm or corporate body shall manufacture,
sell, offer for sale or have in his or their possession with intent to sell, any cheese
not the legitimate product of pure, unadulterated milk or cream, or any cheese into
which any foreign fats or substances have been introduced as may appear upon
proper test.

Sec. 2. Grades of cheese; branding. All cheese manufactured or sold within this
Commonwealth shall be divided into five grades, and shall be branded or stenciled
in ordinary bold-faced capital letters, not less than ONE-HALF inch in height on one
side of each cheese, and upon one side of the box or case containing the cheese, the
manufacturer's name and postoflice address, and the words ‘‘ Fut, Cream,” ‘‘ THrer-
rourTHS Cream,” ‘‘Ong-HALF Cream,’ “Onz-rourtH Cream,’ and “SkrmMep
Cueese.”’ All cheese branded ‘‘ Futt Cream”? shall contain not less than thirty-two
per centum of butter fat, as may appear upon proper test. All cheese branded
52? FOODS AND FOOD CONTROL.

‘“THREE-FOURTHS CREAM”’ shall contain not less than twenty-four per centum of
butter fat, as may appear upon proper test. All cheese branded ‘‘Onr-HALF CREAM”’
shall contain not less than sixteen per centum of butter fat, as may appear upon
proper test. All cheese branded ‘‘OnE-rouRTH CREAmM’’ shall contain not less than
eight per centum of butter fat, as may appear upon proper test. All cheese contain-
ing less than eight per centum of butter fat, as may appear upon proper test, shall be
branded ‘‘SkimmMeD CHEESE:’’ Provided, however, That all full-cream cheese sold,
shipped or consigned to dealers outside of the Commonwealth of Pennsylvania may
be branded, or stenciled, or not, as required by this act, at the option of the manu-
facturer.—Amendment of May 2, 1901, Laws 1901, Act 95, p. 128.

Src. 3. Penalties. Every person, firm or corporation who shall violate any of the

provisions of this act shall, for every such offense, forfeit, and pay the sum of not less”

than fifty dollars, nor more than one hundred dollars, together with all charges and
expenses for inspection and analysis connected therewith, by any person suing
therefor in the name of the Commonwealth, as debts of like amount are by law
recoverable; and justices of the peace and aldermen throughout this Commonwealth,
shall have jurisdiction to hear and determine all actions arising under the provisions
of this act, and all cheese not in accordance with this act shall be subject to forfeiture
and spoliation: Provided, That the Department of Agriculture, through its officers,
known as the Dairy and Food Commissioner, together with his deputies, agents and
assistants, shall be charged with the enforcement of the provisions of this act, and
shall have authority to enter any building or factory where the same is sold or manu-
factured or exposed for sale, and shall have the right to take samples sufficient for
analysis, upon tendering the value thereof. All fines and penalties, including also
all charges for inspection and analysis, shall be paid to the Dairy and Food Commis-
sioner, his deputies, agents or assistants, and by him immediately covered into the
State Treasury, and so much of said fund as may be necessary for the enforcement of
this act shall be drawn out upon warrants signed by the Secretary of Agriculture and
Auditor General: Provided, That the provisions of this act shall not be construed to
apply to such cheese as is known as ‘‘faney’’ cheese and is under five pounds in
weight, each; or to what is known as cottage cheese or pot cheese, and do not con-
tain anything injurious to health.

Src. 4. This act shall take effect sixty days after its approval by the Governor of
the Commonwealth.

Approved June 23, 1897. Laws, 1897, Act 164, p. 202; Brightly’s Digest of Laws,
1893-1904, pp. 111-112.

26. (1) Label for renovated butter. No person, firm, or corporate body shall,
within this State, sell, or offer or expose for sale, or have in his, her or their posses-
sion with intent to sell, any butter not labeled in compliance with the provisions of
this act. Butter produced by taking original packing stock and other butter and
melting the same, so that the butter oil can be drawn off, mixed with skimmed milk
or other material, and by emulsion or other process produce butter, and butter pro-
duced by any similar process, and commonly known as “‘ Boiled’’ or ‘‘ Process’’
butter, shall before sale, and before being offered or exposed for sale, and while
in the possession of any person, firm or corporate body with intent to sell the
same, be plainly labeled ‘‘ Renovated Butter,’’ in the manner prescribed by this act.
If sold, offered or exposed for sale, or in possession of any person, firm or corporate
body with intent to sell the same in prints or rolls, the prints or rolls shall be covered
by wrappers, on which shall be printed in conspicuous letters the words ‘‘ Renovated
Butter.’’ If packed in tubs or other receptacles, and sold or offered or exposed for
sale or held in the possession of any person, firm or corporate body with intent to
sell the same, the said words shall be printed in one-inch letters on the top and two

- aaa ie


PENNSYLVANIA. 523

sides of the tub or receptacle; if uncovered and not contained in a tub or other recep-
tacle, and sold or offered or exposed for sale, or held in the possession of any person,
firm, or eorporate body with intent to sell the same, a placard containing the said
words shall be attached to the mass, in a manner making them plain and prominent.

27. (2) Penalties; inspection authority. Every person, firm, or corporate body who
shall violate any of the provisions of this act shall, for every such offense, forfeit and
pay not less than twenty-five dollars nor more than one hundred dollars, which shall
be recoverable with costs, including expenses of inspection and analysis, by any per-
son suing in the name of the Commonwealth, as debts of like amount are by law
recoverable: Provided, That the Department of Agriculture, through its officer
known as the Dairy and Food Commissioner, together with the deputies, agents and
assistants, shall be charged with the enforcement of this act, and shall have full
access to all places of business, factories; buildings, carriages, cars, vessels, barrels,
and packages of whatever kind, used in the manufacture and transportation and sale
of any butter, or of any adulteration or imitation thereof. They shall also have
power and authority to open any package, barrel or vessel containing any butter, or
any adulteration or imitation thereof, which may be manufactured, sold, or offered
or exposed for sale, or held in possession with intent of the holder to sell; and they
shall also have full power and authority to take the samples therefrom for analysis
upon tendering the value of said samples. And all charges, accounts and expenses
of the Department for the enforcement of this act, through the said commissioner
and his deputies, agents, assistants, chemists and counsel employed by him in carry-
ing out the provisions of this act, shall be paid by the Treasurer of the State in the
same manner as other accounts and expenses of the said Department are paid. And
all penalties and costs for the violation of the provisions of this act shall be paid to
the said Dairy and Food Commissioner, or his agents, and by him immediately
covered into the State Treasury.

28. (3) Violation of act a misdemeanor; penalty. Every person who violates any
of the provisions of this act shall be deemed guilty of a misdemeanor, and upon con-
viction thereof shall be punished by a fine of not more than one hundred dollars, or
by imprisonment in the county jail for not more than thirty days, or both fine and
imprisonment, for the first offense; and a fine of one hundred dollars and imprison-
ment for thirty days, for every subsequent offense: Provided, That all fines and
costs, including the expense of inspection and analysis imposed under this section,
shall be covered into the State Treasury, as provided by section two of this act; and
all butter sold or offered or exposed for sale, or held in the possession of any one
with intent to sell the same, in violation of the provisions of this act shall be sub»
ject to forfeiture and spoliation.

29. (4) Jurisdiction. Magistrates and justices of the peace throughout this Com-
monwealth shall have jurisdiction to hear and determine actions arising for violations
of the provisions of this act, and to hold for court or impose the penalties provided
therein, subject to appeal as the law shall direct.@

Law of May 4, 1899; Brightly’s Digest of Laws, 1893-1903, p. 694.

1. Imitation butter prohibited; proviso. No person, firm or corporate body, by him-
self, herself or themselves, or by his, her or their agents or servants, shall render or
manufacture, sell, ship, consign, offer for sale, expose for sale, or have in his, her
or their possession, with intent to sell, 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, without the admix-
ture or addition of any fat foreign to the said milk or cream, and which shall be in

a

“This act, so far as inconsistent, is repealed by the act of July 10, 1901, see p. 537.
524 FOODS AND FOOD CONTROL.

imitation of yellow butter, produced from pure, auadulterated@ milk or cream of
the same, with or without coloring matter: Provided, That nothing in this act shall
be construed to prohibit the manufacture or sale, or offering or exposing for sale, or
having in possession with intent to sell, oleomargarine or butterine or any similar sub-
stance, free from coloration or ingredients that cause it to look like butter, andin a
separate and distinct form, and in such manner as will advise the consumer of its
real character, if the person, firm or corporate body who shall manufacture, sell or
offer, or expose for sale, or have in his, her or their possession, with intent to sell,
any of the said substances, shall first obtain a license, and pay a license fee, as herein-
after provided, and shall in all other respects comply with the provisions of this act.
2. Placards and labels for oleomargarine. It shall be unlawful for any person, firm
or corporate body to sell or offer, or expose for sale, or have in possession with intent
to sell, oleomargarine, butterine or any similar substance, not marked and distin-
guished on the outside of each tub, package or parcel thereof, in a conspicuous place,
by a placard with the word ‘‘oleomargarine”’ or ‘‘butterine,’’ and not having also
upon every open tub, package or parcel thereof, in a conspicuous place, a placard
with the word ‘‘oleomargarine’’ or ‘‘butterine,’’ such placard in each case to be
printed in plain, uncondensed gothic letters, not less than one inch long, and such
placard shall not contain any other words thereon, and every print or roll shall be
wrapped in wrappers plainly stamped on the outside thereof with the words ‘‘oleo-
margarine’’ or ‘‘butterine,’’ and where oleomargarine or butterine or other similar
product is sold from solid packages, before being delivered to the purchaser it shall
be wrapped by the seller thereof in a wrapper plainly stamped on the outside thereof
‘‘oleomargarine’’ or ‘‘butterine,’’ and said wrapper shall contain no other words.
3. License for sale of oleomargarine; display of same; expiration; definitions. Every
person, firm or corporate body, and every agent of such person, firm or corporate
body, who shall manufacture, sell or offer, or expose for sale, or have in his, her
or their possession with intent to sell, oleomargarine, butterine or any similar sub-
stance, shall first obtain from the Department of Agriculture through its agent,
the Dairy and Food Commissioner,'a license authorizing him, her or them to
engage in the manufacture or sale of oleomargarine or butterine or similar sub-
stance, for which said license he, she or they shall pay, if a manufacturer, the
annual sum of one thousand dollars; if a wholesaler, the annual sum of five hun-
dred dollars; and if a retailer, the annual sum of one hundred dollars; if a res-
taurant keeper, or a hotel proprietor, the annual sum of fifty dollars; and if a board-
ing-house keeper, the annual sum of ten dollars; and the said license fee when
received by the Dairy and Food Commissioner or his agent shall be by him imme-
diately covered into the State Treasury. And after obtaining the license required
by this section, before any person, firm or corporate body shall manufacture, sell or
offer, or expose for sale, or have in his, her or their possession with intent to sell,
oleomargarine or butterine or any similar substance, he, she or they shall be required
to procure from the Department of Agriculture, through the Dairy and Food Com-
missioner, a sign or signs, as the Dairy and Food Commissioner shall determine,
which in size and lettering shall be as the Dairy and Food Commissioner shall direct,
and shall be uniform throughout the Commonwealth, clearly setting forth that he,
she or they are engaged in the manufacture or sale of oleomargarine or butterine or
any other similar substance, as the case may be which said sign or signs, when pro-
cured, shall be hung up in a conspicuous place or places on the walls of the rooms or
store in which the oleomargarine or butterine or other similar substance is manufac-
tured or sold: Provided, That peddlers and others who may have obtained a license
as herein required, and who shall sell, offer or expose for sale, or have in their pos-

$e ee ee ——{V—_————————_,—__ — ———$__—__—.

«So in Statutes.


PENNSYLVANIA. 525

session with the intent to sell, oleomargarine or butterine or any similar sub-
_ stance, upon the public streets or ways, may sell or offer or expose for sale, or have in
their possession with intent to sell, the same, if the cart, wagon or vehicle, or recep-
tacle in which the oleomargarine or butterine or other substance is contained, is
marked or placarded on two sides of the exterior of said vehicle or receptacle in
uncondensed gothic letters, not less than four inches in length, with the words
‘* Licensed to sell oleomargarine’”’ or ‘‘ Licensed to sell butterine,’’ and if they shall
in all other respects comply with the provisions of this act. All licenses under this
act shall expire on the thirty-first day of December of each year; but licenses may
be granted the first of any month for the remainder of a year, upon the payment of
a proportionate part of an annual license fee. Wholesale dealers within the meaning
of this act, shall be all persons, firms, and corporate bodies who shall sell to dealers,
and persons who shall buy to sell again, and all persons, firms and corporate bodies
who make sales in quantities of ten pounds and over at any time; and retail dealers
shall be all persons, firms and corporate bodies who shall sell in quantities less than
ten pounds.

4. Penalties. Every person, firm, or corporate body who shall manufacture, sell or
offer, or expose for sale, or have in his, her or their possession with intent to sell,
oleomargarine or butterine or any similar substance, in violation of any@ the provi-
sions of this act, or who shall in any other respect violate any of its provisions shall
for every such offense forfeit and pay the sum of one hundred dollars, which shall
be recoverable, with the costs, including the expense of inspection and analysis, by
any person suing in the name of the Commonwealth, as debts of like amount are by
law recoverable; and justices of the peace and aldermen throughout this Common-
wealth shall haye jurisdiction to hear and determine all actions for recovery of pen-
alties, with the right of appeal in either party to the court of common pleas, as pro-
vided in existing laws in suits for penalties; and all penalties and costs imposed and
recovered under the provisions of this act shall be paid to the Dairy and Food Com-
missioner or his agent, and by him immediately covered into the State Treasury.
Any person, firm or corporation who shall manufacture, sell, or offer or expose for
sale, or have in his, her or their possession with the intent to sell, oleomargarine or
butterine or any other similar substance, in violation of any of the provisions of this
act, or who shall in any other respect violate any of its provisions, shall also be
guilty of a misdemeanor, and upon conviction thereof shall be punished for the first
offense by a fine of not less than one hundred dollars nor more than five hundred
dollars, and upon his conviction for any subsequent offense shall be punished by a
fine not less than one hundred and fifty dollars nor more than five hundred dollars,
or by imprisonment in the county jail for not less than ten days nor more than sixty
days, or by both fine and imprisonment, at the discretion of the court; and all fines
imposed upon any person after conviction shall be paid to the Dairy and Food Com-
missioner or his agent, and by him paid into the State Treasury.

5. Enforcement. The Dairy and Food Commissioner shall be charged with enforce-
ment of all the provisions of this act, and shall have the same power to enforce its
provisions as is given him to enforce the provisions of the act by which he receives
his appointment.

6. Fund for enforcement. The moneys paid into the Treasury under the provisions
of this act shall constitute a special fund for the use of the Department of Agricul-
ture in enforcing this law, and may be drawn out upon warrants signed by the Sec-
retary of Agriculture and approved by the Auditor General.

7. Repeal. All acts or parts of acts inconsistent with this act are hereby repealed,
but the repeal of said acts is not in any way to interfere with or prevent the prose-



«So in Statutes.
526 FOODS AND FOOD CONTROL.

cution to final termination of any actions, civil or criminal, now pending for viola-
tions of said acts.

Law of May 5, 1899; Brightly’s Digest of Laws, 1893-1903, pp. 687-689.

6. (1) Adulterated or diluted milk. Whoever by himself or by his servant or
agent, or as the servant or agent of any person, sells, exchanges or delivers, or has
in his custody or possession, with intent to sell or exchange or dispense, or offers for
sale, as pure milk, any milk from which the cream or any part thereof has been
removed, or which has been adulterated or changed in any respect by the addition
of water or other substance, shall be liable to the penalties hereinafter provided.

4. (2) Skimmed milk must be labeled. No dealer in milk, or agent of such dealer,
shall sell, exchange or deliver, or have in his custody or possession, with intent to
sell, exchange or deliver, milk from which the cream or any part thereof has been
removed, unless in a conspicuous place, above the center, on the outside of each
vessel, can or package from and in which such milk is sold, conveyed or delivered
the words ‘‘skimmed milk”’ are permanently soldered, in metallic letters, not less
than one inch in height: Provided, That in case of the delivery of skimmed milk in
glass bottles, the words ‘‘skimmed milk”’ shall be blown in the bottle, in letters of
not less than one inch in height.

8. (3) Standard for skimmed milk. No person shall sell, exchange or deliver, or
have in his custody or possession with intent to sell, exchange or deliver, skimmed
milk containing less than eight per centum of the milk solids, exclusive of butter fat.

9. (4) Care of milch cows. Every person who shall sell or offer for sale, or who
shall transport or carry for the purpose of sale, or shall have in his possession with
intent to sell, any impure, adulterated or unwholesome milk, and every person who
shall adulterate milk, or who shall keep cows, for the production of milk, in a
crowded or unhealthy condition, or feed the same on food that produces impure,
diseased or unwholesome milk, or who shall feed cows on distillery waste, usually
called ‘‘swill,’’ or upon any substance of an unwholesome nature, or who shall not
allow his cows free movement in the open air, at pasture (weather permitting), at
least four hours each day, shall be liable to the penalties provided.

10. (5) Adulterations and unwholesome conditions specified. The addition of water,
ice or any other substance or thing is hereby declared an adulteration; and milk
that is obtained from animals that are fed on distillery waste, usually called ‘‘swill,”’
or upon any substance in a state of decomposition, or upon any substance of an
unwholesome nature, or milk that has been exposed to or adulterated by the ema-
nations, discharges or exhalations from persons or animals having any contagious
diseases, by which the health or life of any person may be endangered, or milk from
tuberculous cows, or cows suffering from any febrile disease, is hereby declared to be
impure and unwholesome.

11. (6) Standard for milk. No person shall sell, exchange, or deliver, or transport,
or have in his, her or their possession for the purpose of sale of, any milk which con-
tains more than eighty-eight per centum of water, and less fat than three per centum,
and the specific gravity of which, at sixty degrees Fahrenheit, is not between one and
twenty-nine thousandths and one and thirty-three thousandths; and all milk of lower
grade or quality than is established by this section shall be deemed and taken and is
hereby declared to be adulterated and impure within the meaning of this act.

12. (7) Diseased cows; examinations and certificates. On and after the passage of
this act, for all milk brought into, or offered for sale in, the cities of the second class,
satisfactory evidence shall be furnished to the bureau of health by the producers or
dealers that said milk has been produced by healthy cows, and especially that they
are free from tuberculosis, which conditions of health shall be determined by exami-
nations and tuberculin tests to be made by the veterinarian who may be employed





i PENNSYLVANIA. 527

yy the proper authorities of the city. After examinations have been made, the vet-
rinarian shall place upon each animal found by him to be in a healthy condition
an ear tag, to be furnished by the bureau of health, and also furnish to said bureau
a certificate setting forth that each of said animals is free from disease, is being prop-
erly fed, and that the premises occupied by them are in good sanitary condition.
‘Subsequent examinations, tests and certificates, as aforesaid, may be required by the
superintendent, whenever in his opinion, based upon reliable information, any of
said animals are in an unhealthy condition, or the premises occupied by them are in
an unsanitary state; and the superintendent, his officers, agents and experts shall at
all times have full and free access to any place or places where such animals are
kept, for the purposes aforesaid, where such animals and the milk therefrom are
kept, whether such places be within or beyond the limits of such cities, and any per-
son impeding such access shall be guilty of a violation of this act.

13. (8) Licenses for milk wagons; records. The Superintendent of the Bureau of
Health shall, on or before the first day of September of each year, license all persons
who convey milk in wagons, or otherwise, for the purpose of selling the same within
the cities to which this act applies, said license to be renewed annually. He shall
also keep a record of the names, residences, places of business, number of wagons
or other vehicles used for the purpose, the name and residence of every driver or
other person engaged in carrying or selling milk and the number of the license. The
latter shall be legibly printed, together with the name of the owner, on each outer
side of all wagons or vehicle used in conveyance or sale of milk, in letters not less
than four inches in height. He shall also license and register every person selling
or offering milk for sale in a store, stand or market place within the city, which
license shall be displayed conspicuously in said place of business. The dealer or
vender shall, upon order of the superintendent of the bureau of health, pay into the
city treasury the sum of one dollar, and receive therefor a receipt, presentation of
which at the office of the bureau of health shall entitle him to license: Provided,
That all the provisions and requirements of section seven of this act have been com-
plied with.

14. (9) Penalty. Any person who shall engage in or continue the sale of milk in
said city without first having obtained such license, or who shall violate any of the
provisions of this act, shall be liable toa penalty of not less than ten dollars or more
than twenty-five dollars for the first offense, and a penalty of not less than twenty-
five dollars nor more than fifty dollars for the second offense, and for each offense
thereafter not less than fifty dollars nor more than one hundred dollars. All fines
and penalties imposed by this act shall be recoverable by summary proceedings
before any alderman or police magistrate in any of said cities, and all suits or actions

_at law instituted for the recovery thereof shall be in the name and for the use of the
city within or against which the offense is committed; and upon recovery thereof,
all such fines and penalties shall be paid to the city treasurer thereof. In default of
the payment of any fine or penalty imposed by any alderman or police magistrate,
under the provisions of this act, the person or persons so offending may be committed
to the jail, workhouse or other penal institution of the county in which said city is
situated, for a period not exceeding thirty days.

15. (10) Repeal. All acts or parts of acts inconsistent herewith be and the same
are hereby repealed.

Approved May 16, 1901. Laws 1901, Act 164, pp. 221-224; Brightly’s Digest of
Laws, 1893-1908, pp. 440-441.

8. (1) License necessary for imitation butter trade; coloring; labeling, etc. No person,
firm or corporation shall, by himself, herself or themselves, or by his, her or their
agent or servant, nor shall any officer, agent, servant or employe of any person, firm
528 FOODS AND FOOD CONTROL.




or corporation, manufacture, sell, ship, consign, offer for sale, expose for sale, o
have in possession with intent to sell, oleomargarine, butterine, or any simila
substance, article, product or compound, made wholly or partly out of any fats, oils
or oleaginous substance, or compound thereof, not produced from pure unadulterated
milk, or cream from the same, without the admixture or addition of any fat foreign
to the said milk or cream, and which shall be in imitation of yellow butter, pro-
duced from pure, unadulterated milk, or cream of the same, with or without coloring
matter, unless such person, firm or corporation shall have first obtained a license
and paid a license fee, as hereinafter provided; nor unless the said article, product
or compound, so manufactured, shipped, consigned, offered for sale, exposed for
sale, or had in possession with intent to sell, shall be made and kept free from all
coloration or ingredients causing it to look like yellow butter; nor unless the same
shall be kept and presented in a separate and distinct form, and in such manner as —
will advise the purchaser and consumer of its real character; nor unless such per-
son, firm or corporation shall in all other respects comply with and observe the pro-
visions of this act.

9. (2) Application for license; fees; wholesale dealers. Every person, firm or corpo-
ration, and every agent of such person, firm or corporation, desiring to manufacture,
sell or offer, or expose for sale, or have in possession with intent to sell, oleomarga-
rine, butterine, or any similar substance, not made or colored in imitation of yellow
butter, shall make application for a license so to do, in such form as shall be pre-
scribed by the Department of Agriculture through its agent, the Dairy and Food
Commissioner; which application, in addition to other matters which may be required
to be stated therein by said Dairy and Food Commissioner, shall contain an accurate
description of the place where the proposed business is intended to be carried on,
and the name and style under which it is proposed to conduct the said business. If
the said application is satisfactory to the said Dairy and Food Commissioner, and
said name and style shall not, in the judgment of the Dairy and Food Commissioner,
be calculated to deceive or mislead the public as to the real nature of the business so
proposed to be carried on, he shall issue to the applicant or applicants a license,
authorizing him, her or them to engage in the manufacture or sale of oleomargarine,
or butterine, or any similar substance, which shall not contain any coloration or
ingredient that causes it to resemble or be in imitation of yellow butter; for which
said license the applicant or applicants shall first pay: if a manufacturer, the annual
sum of one thousand dollars; if a wholesaler, the annual sum of five hundred dol-
lars; and if a retailer, the annual sum of one hundred dollars; if a proprietor of a
hotel, restaurant or dining-room, the annual sum of fifty dollars; and if a proprietor
of a boarding-house, the annual sum of ten dollars; and the said license fee, when
received by the Dairy and Food Commissioner or his agent, shall be by him immedi-
ately covered into the State Treasury. Such license shall not authorize the manu-
facture or sale, exposing for sale, or haying in possession with intent to sell, oleomar-
garine, butterine or any similar substance, at any other place than that designated
in the application and license; and the said license shall not authorize the manufac-
ture, sale, exposing for sale, or haying in possession with intent to sell, any oleomar-
garine, butterine or any similar substance, made or colored so as to resemble or be
in imitation of yellow butter.

10. Duration of licenses. All licenses under this act shall expire on the thirty-first
day of December of each year, but licenses may be granted to commence on the first
day of any month for the remainder of a year, upon the payment of a proportionate
part of the annual license fee; such licenses may be transferred by the Dairy and
Food Commissioner upon the application in writing of the person, firm or corporation
to which the same has been granted: Provided, The transferee shall comply with the
regulations made by the said Dairy and Food Commissioner in regard to the said
transfer, and shall thereafter comply with the provisions of this act.











PENNSYLVANTA. 529

11. Wholesale and retail dealers defined. Wholesale dealers, within the meaning of
this act, shall be all persons, firms and corporations who shall sell to dealers, and
‘persons who shall buy to sell again, and all persons, firms and corporations who
‘make sales in quantities of ten pounds and over, at any time; and retail dealers
‘shall be all persons, firms and corporations who shall sell in quantities less than ten

‘pounds. ;

12. (3) Display of license; signs, and placards. After obtaining the license required

by this act, the person, firm or corporation obtaining the same shall, beiore begin-

ning any business under the said license, hang up and display, in a conspicuous
place, on the walls of the room or store in which the olemargarine, butterine or
) oe similar substance is manufactured, sold or exposed for sale, the license so
obtained as aforesaid; and shall also procure from the Department of Agriculture,
through the Dairy and Food Commissioner, a sign or signs, which in number, size
and lettering shall be as the Dairy and Food Commissioner shall direct, and which
shall be uniform throughout the Commonwealth, clearly setting forth that he, she ~
or they are engaged in the manufacture or sale of oleomargarine; which said sign or

signs, when procured, shall be hung up in a conspicuous place or places on the walls
of every room or store in which the oleomargarine, butterine or other similar sub-
stance is manufactured or sold. And in addition to such sign or signs, so hung up
as aforesaid, every proprietor of a hotel, restaurant, dining-room or boarding-house,
shall also have conspicuously placed, upon every counter or table at which food,

‘meals or refreshments are served to customers a placard plainly printed, in letters

not less than one-half inch in length, stating that oleomargarine is used and served
to customers.

— 18. (4) Oleomargarine placards. Itshall be unlawful for any person, firm or corpo-
ration, or any agent thereof, to sell, or offer or expose for sale, or have in possession
with intent to sell, any oleomargarine, butterine or similar substance, not in imita-
tion of yellow butter, which is not marked and distinguished, on the outside of each
tub, package or parcel thereof, in a conspicuous place, by a placard with the word
“OLEOMARGARINE”’ printed thereon; such placard to be placed in a conspic-
uous position, in full view of the purchaser, and the said word ‘““OLEOMARGA-
RINE” on such placard shall be printed in plain, uncondensed, Gothic letters, not
less than one inch long, and such placard shall not contain any other words thereon.
And there shall also be displayed upon every open tub, package or parcel containing
such oleomargarine, butterine or similar substance, not in imitation of yellow butter,
in the same manner, in a conspicuous position, a placard with the word ‘‘OLEO-
MARGARINE” printed thereon, in the same form as above described in this sec-
tion; and when oleomargarine, butterine or other similar substance, not in imitation
of yellow butter, is sold from tub or package, or otherwise, at retail, in print, roll
or other form, before being delivered to the purchaser it shall be wrapped in
wrappers, plainly stamped on the outside thereof with the word ‘‘ OLEOMARGA-
RINE,” printed or stamped thereon in letters one-fourth inch square; and said
wrapper shall also contain the name and address of the seller and the quantity sold,
and no other words thereon, and the said word ‘‘OLEOMARGARINE,”’ so stamped
or printed on the said wrapper, shall not be in any manner concealed, but shall be
in plain view of the purchaser at the time of purchase.

14. (5) Records of oleomargarine sales. Every licensed manufacturer of oleomarga-
rine, butterine or other similar product, not in imitation of yellow butter, and every
licensed wholesale dealer therein, shall keep a book in which shall be entered accu-
rately every sale and shipment of oleomargarine, butterine or other similar substance,
not in imitation of yellow butter; giving the date of sale and shipment, the quantity,
the person to whom sold and shipped, the place to which shipped, and the name of
the transportation line by which shipped; which book shall always be open to the
examination of the Dairy and Food Commissioner, his agents, attorneys and repre-
sentatives.
530 FOODS AND FOOD CONTROL.















15. Records of dealers in oleomargarine. Every licensed retail dealer in ol
margarine, butterine or similar substance, not in imitation of yellow butter, sh
keep an accurate account, in a book open to the examination of the Dairy and Fo
Commissioner, his agents, attorneys and representatives, in which shall be enter
the date of the receipt of all purchases of oleomargarine, butterine or any simil
substange, made by such retail dealer; stating therein where, when and from who
purchased, and the quantity; and the said books, so to be kept by manufacturers
wholesale and retail dealers, shall be in such form as the Dairy and Food Commi
sioner shall direct.

16. (6) Penalties; jurisdiction; costs. Every person, firm or corporation, and every
officer, agent, servant and employe of such person, firm or corporation, who shall
manufacture, sell or offer, or expose for sale, or have in possession with intent to sell,
oleomargarine, butterine or any similar substance, in violation of any of the pro-
visions of this act; or who shall sell oleomargarine, butterine, or any similar sub-
stance, as or for butter; or who shall fail to keep a book, in accordance with the las
preceding section; or who shall, in any other respect, violate any of the provisions
of this act, shall for every such offense forfeit and pay the sum of one hundre
dollars, which shall be recoverable, with the costs, including the expense of analysis,
by any person suing in the name of the Commonwealth, as debts of like amount are
by law recoverable; and justices of the peace and aldermen throughout this Com-
monwealth shall have jurisdiction to hear and determine all actions for recovery of
said penalties, with the right to either party to appeal to the court of common pleas,
as provided in existing laws in suits for penalties. And all penalties and cos
imposed and recovered under the provisions of this act shall be paid to the Dairy
and Food Commissioner, or his agents, and by him immediately covered into the
State Treasury, to be paid out and used as hereinafter provided.

17. (7) Additional penalties. In addition to the above penalty, every person, firm
or corporation, and every officer, agent, servant or employe of such person, firm or
corporation, who violates any of the provisions of this act shall also be guilty of a
misdemeanor; and upon conviction thereof, shall be punished for the first offense by
a fine of not less than one hundred dollars, nor more than five hundred dollars, or
by imprisonment in the county jail for not more than three months, or both, at the
discretion of the court; and upon conviction of any subsequent offense, shall be
punished by a fine of not less than five hundred dollars, nor more than one thousand
dollars, and by imprisonment in the county jail for not less than six months nor
more than twelve months.

18. (8) Evidence of granting of license. In any proceeding under this act, either for
the collection of a penalty or a prosecution for a misdemeanor, the certificate of the
Dairy and Food Commissioner and the Secretary of Agriculture, under the seal of
the Department of Agriculture, shall be accepted by justices of the peace, aldermen, |
and court of record, as evidence of the granting of licenses to manufacture or sell
oleomargarine or butterine, or of the fact that no such license has been granted to |
any particular person, firm or corporation.

19. (9) Restraining order while trial is pending. Whenever a suit for the collection
of a penalty, under the provisions of this act, shall be appealed to any court of
record, or whenever any prosecution for a misdemeanor on account of any violation
of the provisions of this act has been returned to any court of quarter sessions, it
shall be lawful for the Dairy and Food Commissioner, his agent or attormeys, in
case the person or persons who have been sued for such penalty, or prosecuted for
such misdemeanor, have since the commencement of such suit or prosecution again
violated any of the provisions of this act, to apply to the court, having jurisdiction
of such appeal or of such prosecution, or to any law judge thereof, by petition, set-
ting forth the facts, and asking the said court to make an order commanding and
restraining the person or persons, so sued or prosecuted as aforesaid, from further
PENNSYLVANIA. 531




violating any of the provisions of this act until such time as the said suit for penalty
or the said prosecution shall have been finally decided and determined; and there-
upon the said court, or any law judge thereof, after such notice to such person or
ersons, so sued or prosecuted as aforesaid, as to the said court or judge may appear
proper, and after inquiring inte the facts alleged in said petition, shall, if satisfied
that any violation of the provisions of this act has been committed by such person
or persons since the commencement of said suit or prosecution, make an order com-
manding and restraining the said person or persons from any further violation of the
provisions of this act until such time as the said suit or prosecution shall have been
finally decided and determined; and in case, upon the final determination of said
suit or prosecution, it shall appear that the said person or persons had incurred the
liability to payment of the penalty for which suit had been so brought, or has been
duly convicted of a misdemeanor in the prosecution so commenced as aforesaid, the
said court or law judge thereof shall make the aforesaid order, restraining the said
persoa or persons from the further violation of the provisions of this act, continuing
and permanent; and any violation by any person or persons of any such restraining
order of such court or judge, whether the said restraining order shall be made during
the pendency of a suit for penalty or of a prosecution as above stated, or after the
final determination of such suit or prosecution in the manner aforesaid, shall be
punishable as a contempt of the court so making the said order; and the said court
is hereby authorized to take such steps for the punishment of such contempt as may
by law be now taken for disregarding any injunction or other order of the courts of
common pleas of this Commonwealth, sitting in equity and exercising equity juris-
diction. No security shall be required on the part of the petitioner for such restrain-
ing order, and the costs of the application and subsequent proceedings thereon shall
be in the discretion of the court.

20. (10) Report of violations of law; prosecutions. It shall be the duty of every
constable in any city, borough, ward or township of this Commonwealth, having
knowledge of any violation of this act, or whenever requested so to do by the Dairy
and Food Commissioner, his agent, or attorney, or by any citizen of this Common-
wealth, to make report to the court of quarter sessions of the proper county, as part
of his quarterly report and return to said court, of the name of every person, firm or
corporation known by him to have violated any of the provisions of this act, or
alleged by the person so giving notice as aforesaid to said constable to have violated
any of the provisions of this act, and of the names of all witnesses furnished to said
constable, whose testimony it is alleged will sustain or prove the fact of such viola-
tion; and it shall be the duty of the judge of the said courts to make inquiry of
all constables, at the time of the making of their quarterly returns to the court of
‘quarter sessions, as to whether they have knowledge, and whether notice has been
given to them, respectfully, of any violation of this act, in accordance with the terms
of this section; and whenever such quarterly reports shall contain the name of any
person alleged to have violated the provisions of this act, together with the names of
witnesses to prove such violations, as also the name of the person giving notice to
the constable as aforesaid, the said court shall direct the district attorney to prepare
an indictment against every person so named, and call and send the witnesses, whose
names have been so returned, before the grand jury then sitting, in support of the
said indictment; and if a true bill shall be returned by the grand jury, thereupon to
issue a summary process to bring in the person so charged to answer the matters
alleged in such prosecution, and thereupon proceed to trial as speedily as possible,
according to the course of practice in the said court of quarter sessions.

21. (11) Prosecutions instigated by citizens; collaboration of dairy and food commis-
sioner. The Dairy and Food Commissioner shall be charged with the enforcement
ofall the provisions of this act; but any citizen of the Commonwealth, having knowl-
edge or information of the violation of any of the provisions of this act, may, in the










4
52 FOODS AND FOOD CONTROL.




name of the Commonwealth, begin asuit for penalty or prosecution for misdemeanor,
in accordance with the provisions of this act, and may prosecute to final judgment
any such suit or prosecution, giving notice in writing, however, to the Dairy and_
- Food Commissioner of the commencement of such suit or prosecution, immediately —
upon the commencement of the same, stating the nature of the proceeding and the ~
magistrate before whom commenced; and shall, in like manner, report to the Dairy —
and Food Commissioner each successive step taken in such suit or prosecution; and —
such citizen shall, upon complying with the provisions of this section, be entitled to
receive one-half of any penalty or fine which may be recovered in such proceeding —
and paid to the Dairy and Food Commissioner; and immediately upon the receipt —
and covering into the treasury of any such penalty or fine, recovered and paid in
any proceeding commenced by a citizen as aforesaid, the Dairy and Food Commis-
sioner shall pay the one-half thereof to the said citizen, so commencing said pro- —
ceeding and complying with the provisions of this section. Such citizen shall also
be entitled to recover from the defendant his witness fees and other legal costs as
fixed by law, in said proceeding.
22. (12) Disposition of fines, etc. The money paid into the Treasury under the pro-
visions of this act shall constitute a special fund, for the use of the Department of
|
:

tae

Agriculture in enforcing this law; and may be drawn out upon warrants signed by
the Secretary of Agriculture and approved by the Auditor General, subject, how-
ever, to the payment to any citizen commencing and successfully prosecuting a pro-
ceeding for any violation of this act, under the last preceding section, of one-half of
the penalty or fine so recovered in such proceeding and paid into the State Treasury. —

23. (13) Inspection and sampling. The Dairy and Food Commissioner, his assist-
ants, agents, experts, chemists, detectives and counsel, duly appointed by him for
the purpose, shall have full access, egress and ingress to all places of business, fac-
tories, farms, buildings, carriages, cars, vessels and cans, used in the manufacture,
transportation and sale of any dairy products, or of any adulteration or imitation
thereof; and shall also have power and authority to open any package, can or vessel
containing, or which may be supposed to contain, oleomargarine, butterine or other
similar substance, or any adulteration or imitation of butter, which may be manu- |
factured, sold or exposed for sale in violation of any of the provisions of this act, or |
of any act which may be hereafter enacted in relation to butter or the adulteration
or imitation thereof; and they shall also have power to take from such package, can —
or vessel samples for analysis, upon paying or tendering the value of such samples.

24. (14) Bulletin of dairy and food commissioner. The Dairy and Food Commis-
sioner shall publish a semi-annual bulletin, and distribute the same in the same
manner as other bulletins of the Department of Agriculture are published and dis-
tributed; which semi-annual bulletin shall contain the name and address of every
person, firm or corporation to whom a.license has been issued for the manufacture
or sale of oleomargarine, butterine or other similar substance; and, also, a tabulated
statement of all the actions, civil or criminal, which have been brought for the
violations of this act, giving the name and address of the defendant, and the dispo-
sition of every such case.

25. (15) Repeal. All acts or parts of acts inconsistant with this act are hereby
repealed; but the repeal of said acts shall not in any way interfere with, or prevent
the prosecution to final termination of, any actions, civil or criminal, now pending
or which may hereafter be commenced, for any violation of said acts which has
already been committed.

Approved May 29, 1901. Laws, 1901, act 208, pp. 327-335; Brightly’s Digest of
Laws, 1893-1903, pp. 689-693.

80. (1) ‘‘ Boiled’’ or ‘process’? butter defined. For the purposes of this act certain
food products, usually known as ‘‘ boiled’’ or “‘ process’? butter, produced by taking


PENNSYLVANIA. 533

original packing stock and other butter and melting the same so that the butter oil
can be drawn off, mixed with milk or skimmed milk or other material, and by
emulsion or other process produce butter, and butter produced by any similar pro-
cess, and commonly known as ‘‘boiled”’ or “‘ process’’ butter; and which ‘“‘boiled”’
or ‘‘process’’ butter for the purpose of this act shall be known and designated as
“renovated butter.’’

31. (2) License for trade in ‘‘ renovated butter;’’ fees; display of signs and license.
Every person, firm or corporation, and every agent of such person, firm or corpo-
ration, who shall desire to engage in the business of manufacturing or selling ‘‘reno-
vated butter,’ shall first make application to the Department of Agriculture for a
license, authorizing him, her or them to engage in the manufacture or sale of ‘‘ ren-
ovated butter,’? and such application for license shall be in such form as shall be
prescribed by the Department of Agriculture through its agent, the Dairy and Food
Commissioner; which application, in addition to other matters which may be
required to be stated therein by the said Dairy and Food Commissioner, shall con-
tain an accurate description of the place where the proposed business is intended to
be carried on, and the name and style under which it is proposed to conduct the
said business, which name and style shall not, in the judgment of the Dairy and
Food Commissioner, be calculated to deceive or mislead the public as to the real
nature of the business so proposed to be carried on; and if the said application is
satisfactory to the said Dairy and Food Commissioner, he shall issue to the applicant
or applicants a license, authorizing him, her or them to engage in the manufac-
ture or sale of ‘‘Renovated Butter,’’ for which said license the applicant or appli-
cants shall first pay, annually, the following sum: if a manufacturer, the annual
sum of one thousand ($1,000) dollars; if a wholesale dealer, the annual sum of
five hundred ($500) dollars; if a retailer, the annual sum of one hundred ($100)
dollars; if a restaurant keeper or dining-room proprietor, or a hotel proprietor, the
annual sum of fifty ($50) dollars; if a boarding house keeper, the annual sum of ten ($10)
dollars; and the said license fees, when received by the said Dairy and Food Com-
missioner or his agent, shall be by him immediately paid into the State Treasury.
All licenses under this act shall expire the thirty-first day of December of each year,
but licenses may be granted to begin on the first of any month, for the remainder
of a year, upon the payment of a proportionate part of the annual license fee.

32. Wholesale dealer defined. Wholesale dealers, within the meaning of this act,
shall be all persons, firms or corporations who shall sell to dealers, and persons who
shall buy to sell again, and all persons, firms and corporations who make sales in
quantities of ten pounds and over at any time. Anagent of a manufacturer located
outside of the State, and taking orders within this State for such ‘‘ Renovated But-
ter,’’ to be delivered from the factory or from a storage house, or from one place of
business to another within this State, shall be, within the meaning of this act, a
wholesale dealer.

33. Retail dealer; defined. And retail dealers shall be all persons, firms or corpo-
rations who sell in quantities of less than ten pounds. Every restaurant keeper or
dining-room proprietor or hotel proprietor or boarding house keeper, who furnishes
“Renovated Butter’’ as part of the meal served to customers or guests, shall be
regarded as a dealer in ‘‘ Renovated Butter.’’

$4. Transfer of license. Such license may be transferred by the Dairy and Food
Commissioner, upon the application in writing of the person, firm or corporation to
which the same has been granted, provided the transferree shall comply with the
provisions of this act, and with the regulations made by the said Dairy and Food
Commissioner in regard to said transfer. Such license shall not authorize the man-
ufacture or sale, exposing for sale or haying in possession with intent to sell,
‘Renovated Butter’’ at any place other than that designated in the application and
license. The license, procured as aforesaid, shall be hung up in a conspicuous place,
534 FOODS AND FOOD CONTROL.

in the place of business, room or store where such ‘‘ Renovated Butter’? is author-
ized to be sold.

35. (3) Sale of renovated butter on the street. That no person, firm or corporation
shall sell or offer or expose for sale, or have in his, her or their possession with
intent to sell, any ‘‘ Renovated Butter’’ from a wagon or other vehicle, or upon the
public streets or roads, or from house to house.

36. (4) Signs and stencils. Every person, firm or corporation who shall obtain
a license for the manufacture or sale of ‘‘ Renovated Butter’’ shall also be required,
before engaging in such manufacturing or sale, to procure from the Dairy and Food
Commissioner a sign or signs, of such form, size and lettering as the Dairy and Food
Commissioner shall determine, and which shall be pniform@ throughout the Com-
monwealth; which said sign or signs shall clearly set forth that he, she or they are -
engaged in the manufacture or sale of ‘‘ Renovated Butter,’’ and which sign or signs
when procured shall be hung up in a conspicuous place or places, on the wall of each
room or store or place of business in which ‘‘ Renovated Butter’’ is manufactured or
sold; and in addition to such sign or signs, so hung up as aforesaid, every restaurant
keeper or dining-room proprietor, or hotel proprietor or boarding-house keeper, shall
also have conspicuously placed upon every counter or table, at which food, meals or
refreshments are served to customers, a placard, plainly printed in letters not less
than one-half inch in length, stating that ‘‘ Renovated Butter’”’ is used and served
to customers. Every person, firm or corporation who shall obtain a license as a
manufacturer or wholesale dealer, for the manufacture or sale of renovated butter,
shall also be required, before engaging in such manufacture or sale, to procure from
the Dairy and Food Commissioner a stencil, of such form, size and lettering as the
Dairy and Food Commissioner shall determine, and which shall be uniform through-
out the Commonwealth; which said stencil shall designate the number of the said
license, and the name and address of the holder thereof; which said stencil shall be
used by the manufacturer or wholesale dealer, and said stencil brand shall be placed
on each and every package, before being sold by the manufacturer or wholesale
dealer to the retailer. If any package of renovated butter shall be found in the pos-
session of any manufacturer or wholesale dealer or retail dealer, without the said
stencil brand being found thereon, such package shall be seized by the Dairy and
Food Commissioner or by any of his agents, and said package shall be forfeited, and
shall be sold by the Dairy and Food Commissioner or his agents, and the proceeds
thereof paid to the State Treasurer, for the use of the Department of Agriculture.

37. (5) Placards, wrappers, etc.,to be marked ‘‘ Renovated Butter.’’ It shall be unlaw-
ful for any person, firm or corporation, or any agent thereof, to sell, or offer or expose
for sale, or have in his, her or their possession with intent to sell, any ‘‘ Renovated
Butter,’’ not marked and distinguished on the outside of each tub, package or parcel
thereof, in a conspicuous place, by a placard with the words ‘‘ Renovated Butter;”’
and such placard shall be printed in plain, uncondensed gothic letters, not less than
one-half inch long, and such placard shall not contain any other words, printing or
device thereon; and also, upon every open tub, package or parcel, containing such
‘‘Renovated Butter,’’ there shall be displayed in the same manner, in a conspicuous
place, a placard with the words ‘‘ Renovated Butter’’ printed thereon, in the same
form,as above described in this section; and when ‘‘ Renovated Butter’’ is sold from
such package, or otherwise, at retail, in print, roll or other form, before being deliy-
ered to the purchaser it shall be wrapped in wrappers, plainly stamped on the out-
side thereof with the words ‘‘Renovated Butter,’’ printed or stamped thereon in
letters one-quarter of an inch square, and such wrapper shall contain no other words
or printing thereon; and the said words ‘‘ Renovated Butter,’’ so stamped or printed
on the said wrapped,@ shall not be in any manner concealed, but shall be in plain
view of the purchaser at time of purchase.

¢So in Statutes,
PENNSYLVANIA. 535



88. (6) Record of sales of renovated butter. Every person, firm or corporation who
shall have obtained a license, and be engaged in the business of manufacturer or
wholesale dealer in ‘‘ Renovated Butter,’’ shall keep a book, in which shall be
entered accurately every sale and shipment, the quantity and person to whom sold
and shipped, the place to which shipped and the name of the transportation line by
which shipped; which said book shall be always open to the inspection of the Dairy
and Food Commissioner, or his agents, attorneys and representatives. Every retail
dealer in ‘‘ Renovated Butter’’ shall keep an accurate account, in a book open to the
examination of the Dairy and Food Commissioner, or his agents, attorneys and
representatives, in which said book shall be entered the date of the receipt of all
purchases of ‘‘ Renovated Butter’’ made by such retail dealer, stating therein where
and from whom purchased, and the quantity so purchased.

39. (7) Penalties; costs, etc. very person, firm or corporation, and every agent
of such person, firm or corporation, who shall manufacture, sell or offer, or expose
for sale, or have in his, her or their possession with intent to sell, ‘‘ Renovated But-
ter,’’ in violation of the provisions of this act, or who shall in any other respects
violate any of the provisions of this act, shall for every offense forfeit and pay
the sum of one hundred ($100) dollars, which shall be recoverable with the
costs, including the expense of the inspection and analysis, by any person suing in
the name of the Commonwealth, as debts of like amount are by law, recoverable;
and justices of the peace and aldermen, throughout this Commonwealth, shall have
jurisdiction to hear and determine all actions for recovery of penalties for violations
of the provisions of this act, with the right of appeal in either party to the court of
common pleas, as provided in existing laws in suits for penalties; and all penalties
and costs, imposed and recovered under the provisions of this act, shall be paid to
the Dairy and Food Commissioner or his agents, and by him immediately covered
into the State Treasury to be paid out and used as hereinafter provided.

40. (8) Additional penalties. In addition to the above penalty, every person, firm
or corporation, and every agent of such person, firm or corporation, who violates
any of the provisions of this act shall be deemed guilty of a misdemeanor, and, upon
conviction, shall be punished for the first offense by a fine of not less than one hun-
dred ($100) dollars, nor more than three hundred ($300) dollars, or by imprison-
ment in the county jail for not more than thirty (30) days, or both, at the discretion
of the court; and for the second offense, by a fine of not less than three hundred
($300) dollars and not exceeding five hundred ($500) dollars, and imprisonment not
exceeding two (2) years.

41. (9) Proof of license for renovated butter trade. In any proceedings under this act,
either for the collection of a penalty or prosecution for a misdemeanor, the certificate
of the Dairy and Food Commissioner and the Secretary of Agriculture, under the
seal of the Department of Agriculture, shall be accepted by justices of the peace,
aldermen and courts of record as evidence of the granting of a license to manufac-
ture or sell ‘‘ Renovated Butter,’’ or of the fact that no such license has been granted
to any particular person, firm or corporation.

42. (10) Restraining order pending trial. Whenever a suit for the collection of a
penalty, under the provisions of this act, shall be appealed to any court of record, or
whenever any prosecution for a misdemeanor, on account of any violation of the
provisions of this act, has been returned to any court of quarter sessions, it shall be
lawful for the Dairy and Food Commissioner, his agents or attorneys, in case the
person or persons who have been sued for such penalty or prosecuted for such misde-
meanor haye, since the commencement of such suit or prosecution, again violated
any of the provisions of this act, to apply to the court having jurisdiction of such
appeal or of such prosecution, or to any law judge thereof, by petition setting forth
the facts, and asking the said court to make an order commanding and restraining

- 10945—No. 69, pt 6—06——6
536 FOODS AND FOOD CONTROL.

the person or persons, so sued or prosecuted as aforesaid, from further violating any
of the provisions of this act until such time as the said suit for penalty or the said
prosecution shall have been finally decided and determined; and thereupon the said
court, or any law judge thereof, after such notice to such person or persons, so sued
or prosecuted as aforesaid, as to the said court or judge may appear proper, and after
inquiring into the facts alleged in said petition, shall, if satisfied that any violation
of the provisions of this act has been committed by such person or persons since the
commencement of said suit or prosecution, make an order, commanding and restrain-
ing the said person or persons from any further violations of the provisions of this
act, until such time as the said suit or prosecution shall have been finally decided and

determined; and in case, upon the final determination of said suit or prosecution, it~

shall appear that the said person or persons had incurred the liability to payment of
the penalty for which said suit had been so brought, or has been duly convicted of a
misdemeanor in the prosecution so commenced as aforesaid, the said court or law
judge thereof shall make the aforesaid order, restraining the said person or persons
from the further violation of the provisions of this act, continuing and permanent;
and any violation by any person or persons of any restraining order of such court or
judge, whether the restraining order shall be made during the pendency of a suit for
penalty, or of a prosecution as above stated, or after the final determination of such
suit or proseeution in the manner aforesaid, shall be punishable as a contempt of the
court so making the said order. And the said court is hereby authorized to take such
steps for the punishment of such contempt as may by law be now taken for disre-
garding any injunction or other order of the courts of common pleas of this Com-
monwealth sitting in equity and exercising equity jurisdiction. No security shall be
required on the part of the petitioner for such restraining order, and the costs of the
application and subsequent proceedings thereon shall be in the discretion of the court.

43. (11) Reports of violations of law; prosecutions. It shall be the duty of every con-
stable in any city, borough, ward or township of this Commonwealth, having knowl-
edge of any violation of this act, or whenever requested so to do by the Dairy and
Food Commissioner, his agent or attorney, or by any citizen of this Commonwealth,
to make report to the court of quarter sessions of the proper county, as part of his
quarterly report and return to said court, of the name of every person, firm or corpo-
ration known by him to have violated any of the provisions of this act, or alleged by
the person, so giving notice as aforesaid to said constable, to have violated any of the
provisions of this act, and of the names of all witnesses, furnished to said constable,
whose testimony it is alleged will sustain or prove the fact of such violation. And
it shall be the duty of the judge of the said court to make inquiry of all constables,
at the time of the making of their quarterly returns to the court of quarter sessions,
as to whether they have knowledge, and whether notice has been given to them,
respectively, of any violation of this act, in accordance with the terms of this sec-
tion; and whenever such quarterly reports shall contain the name of any person
alleged to have violated the provisions of this act, together with the names of wit-
nesses to prove such violations, as also the name of the person giving notice to the
constable, as aforesaid, the said court shall direct the district attorney to prepare an
indictment against every person so named, and call and send the witnesses, whose
names have been so returned, before the grand jury then sitting, in support of the
said indictment; and if a true bill shall be returned by the grand jury, thereupon to
issue summary process to bring in the person so clrarged, to answer the matters
alleged in such indictment, and thereupon proceed to trial as speedily as possible,
according to the course of practice in the said court of quarter sessions.

44, (12) Prosecution instigated by citizen; collaboration of dairy and food commis-
sioner; fines, costs, etc. The Dairy and Food Commissioner shall be charged with the
enforcement of all the provisions of this act; but any citizen of the Commonwealth,

i ts
PENNSYLVANIA. 537

having knowledge or information of the violation of any of the provisions of this act,
may, in the name of the Commonwealth, begin a suit for penalty or prosecution for
misdemeanor, in accordance with the provisions of this act, and may prosecute to
final judgment any suit or prosecution, giving notice in writing, however, to the
Dairy and Food Commissioner of the commencement of such suit or prosecution
immediately upon the commencement of the same, stating the nature of the pro-
ceeding and the magistrate before whom commenced, and shall in like manner
report to the Dairy and Food Commissioner each successive step taken in such suit
or prosecution; and such citizen shall, upon complying with the provisions of this
section, be entitled to receive one-half of any penalty or fine which may be recovered
in such proceeding and paid to the Dairy and F ood Commissioner; and immediately
upon the receipt and covering into the treasury of any such vennlle or fine, recov-
ered and paid in any proceeding commenced by a citizen, as aforesaid, the Dairy and
Food Commissioner shall pay the one-half thereof to the said citizen, so commenc-
ing said proceeding and complying with the provisions of this section. Such citizen
shall also be entitled to recover from the defendant his witness fees and other legal
costs, as fixed by law, in said proceeding.

45. (13) Disposition of fines, etc. The money paid into the treasury under the pro-
visions of this act shall constitute a special fund, for the use of the Department of
Agriculture in enforcing this law, and may be drawn out upon warrants signed by
the Secretary of Agriculture and approved by the Auditor General; subject, however,
to the payment to any citizen commencing and successfully prosecuting a proceeding
for any violation of this act, under the last preceding section, of one-half of the penalty
or fine so recovered in such proceeding and paid into the State Treasury.

46. (14) Inspection and sampling. The Dairy and Food Commissioner, his assist-
ants, agents, experts, chemists, detectives and counsel, duly appointed by him for
the purpose, shall have full access, egress and ingress to all places of business, facto-
ries and farm buildings, carriages, cars, vessels and cans, used in the manufacture,
transportation and sale of any dairy products, or of any adulteration or imitation
thereof; and shall also have power and authority to open any package, can or vessel
containing, or which may be supposed to contain, renovated butter, which may be
manufactured, sold or exposed for sale in violation of any of the provisions of this
act; and they shall also have power to take from such package, can or vessel samples
for analysis, upon paying or tendering the value of such samples.

47. (15) Bulletin of dairy and food commissioner. The Dairy and Food Commis-
sioner shall publish a semiannual bulletin, and distribute the same in the same
manner as other bulletins of the Department of Agriculture are published and dis-
tributed; which semiannual bulletin shall contain the name and address of every
person, firm or corporation to whom a license has been issued for the manufacture
or sale of renovated butter, and also a tabulated statement of all the actions, civil or
criminal, which have been brought for the violations of this act; giving the name
and addréss of the defendant, and the disposition of every case.

48. (16) Repeal. All parts of the act approved the fourth day of May, Anno
Domini one thousand eight hundred and ninety-nine, entitled ‘‘An act to regulate
the sale of butter, produced by taking original packing stock and other butter and
melting the same so that the butter oil can be drawn off, mixed with skimmed milk
or other material, and by emulsion or other process produce butter, and butter pro-
duced by any similar process, and commonly known as ‘ Boiled’ or ‘ Process’ butter;
providing for the enforcement thereof, and punishment for the violation of the same,”’
inconsistent with this act, are hereby repealed.

Approved July 10, 1901. Laws, 1901, Act 327, p. 643; Brightly’s Digest of Laws,
1893-1903, pp. 695-699.
538 FOODS AND FOOD CONTROL.

Monthly report of Dairy and Food Commissioner to Secretary of Agriculture; publica-
tion. Resolved, By the House of Representatives (if the Senate concurs), That the
Dairy and Food Commissioner be and he is hereby directed to furnish monthly to
the Secretary of Agriculture a list of the oleomargarine and renovated butter licenses
issued, the results of analyses of food commodities examined by the chemists
employed by him, a complete list of all convictions, with the names and addresses
of defendants, together with reproductions of brands and labels of pure and adulter-
ated or illegal food products examined and reported upon by said chemists, and
that the Secretary of Agriculture be and is hereby directed to publish said list, in
addition to editorial matter, in a bulletin of the Department of Agriculture, which
shall be published monthly, containing the information mentioned herein, and, in
the quantity designated by the second section of the act of April 22, 1903, amending
the second and sixth sections of the act establishing the Department of Agriculture,
approved March 13, 1895.

Approved April 11, 1905. Laws of 1905, Resolution No. 31, p. 621.

FRUIT SYRUPS.

Sec. 1. Addition of preservatives, dyes, etc., a misdemeanor. Any person, firm, or
corporate body who shall, by himself, herself or themselves, or by his, her or their
agents or servants, manufacture, sell, ship, consign, offer for sale or expose for sale,
or have in possession with intent to sell, any fruit-syrup which contains formalde-
hyde, sulphurous acid or sulphites, boric acid or borates, salicylic acid or salicylates,
saccharine, dulecin, glucin, betanaphthol, abrastol, asaprol, fluorides, fluoborates, fluo-
silicates or other fluorine compounds; also any coal tar dyes, sulphate of copper, or
any other coloring matter injurious to health, or any preservatives or their com-
pounds injurious to health, shall be deemed guilty of a misdemeanor.

Sec. 2. Penalty. Every person, firm or corporation, and every officer, agent, serv-
ant or employe of such person, firm or corporation, who violates any of the pro-
visions of this act shall be deemed guilty of a misdemeanor, and, upon conviction
thereof in the court of quarter sessions of the proper county, shall be sentenced to
pay a fine of not less than sixty nor more than one hundred dollars, with the costs,
or to undergo an imprisonment not exceeding sixty days, or both, at the discretion
of the court.

Sec. 3. Enforcement of act by dairy and food commissioner. It shall be the duty of
the Dairy and Food Commissioner to enforce the provisions of this act, for which
purpose he shall have the same power which is given him to enforce the provisions
of the act authorizing his appointment.

Sec. 4. Disposition of fines. All penalties or fines which may be recovered in any
proceeding to enforce the provisions of this act shall be paid to the Dairy and Food
Commissioner, or his agent, and by him paid into the State Treasury for the use of
the Commonwealth.

Sec. 5. Repeal. The act, entitled ‘‘ An act relative to adulteration of natural fruit
juice, and providing penalties for violations thereof,’’ approved the second day of
May, Anno Domini one thousand nine hundred and one, be and the same is hereby
repealed.

Approved April 26, 1905. Laws of 1905, Act No. 217, pp. 311-312.
ICE. .

1. Defiling of ice; prosecution; penalty. Any person or persons who shall willfully
throw, place or cast upon the ice forming, formed or being upon any pond, stream,
river, creek or canal in this commonwealth, owned or leased in whole or in part for
the production of ice for sale, any timber, stone, earth or other substance, or enter

Oe nt

ia
:



PENNSYLVANIA. 539
upon, in anywise injure or defile the ice thereon forming, formed or being, such per-
son or persons shall be deemed guilty of a misdemeanor, and shall and may, upon
the information of any such owner, lessee, his agent or attorney, on conviction thereof
before any alderman or justice of the peace in the county where the offence is com-
mitted, be fined in a sum not less than five dollays or more than fifty, dollars, with
costs of suit; the fines to go to the school fund of the district in which the offence
was committed; and in default of payment of said fine, with costs of the suit, the
party convicted may and shall, by said alderman or justice of the peace, be committed
to the jail of the said county, for not less than twenty nor more than sixty days,
there to remain until discharged by due course of law: Provided, That in all cases
the person or persons complained against, may appeal from the decision of said alder-
man or magistrate, to the court of quarter sessions of said county, upon entering bail
as in all other misdemeanors, by recognizance in the usual manner, for his appear-
ance at said court, and said alderman or magistrate shall transmit said recognizance
forthwith to the district-attorney of said cgunty; and thereupon it shall be the duty
of the district-attorney of said county to prepare a bill of indictment for said offence
against said person or persons, and send the same before the grand jury of the said
court, and all further proceedings therein shall be in like manner as now directed by
law in other cases of misdemeanor: And be it further provided, That in case of convic-
tion of such person or persons in said court, such person or persons shall be sentenced
to pay a fine of not less than ten dollars nor more than one hundred dollars.

Brightly’s Purdon’s Digest, 1700 to 1894, vol. 1, p. 1010.
LARD.

Src. 1. Compound lard must be so labeled. No manufacturer or other person shall
sell, deliver, prepare, put up, expose or offer for sale any lard or any article
intended for use as lard, which contains any ingredient but the pure fat of swine,
in any tierce, tub, bucket, pail or other vessel or wrapper or under any label bearing
the words ‘‘pure,’’ ‘“‘refined,’”’ ‘‘family,’’ or either of them alone, or in combina-
tion with other words, nor unless every vessel, wrapper or label in or under
which the article is sold or delivered or prepared, put up or exposed for sale, bears
on the top or outside thereof, in letters not less than one-half inch in length and
plainly exposed to view, the words, ‘COMPOUND LARD.”’

Sec. 2. Penalty. Any person who violates any provision of this act shall be
punished by a fine not exceeding fifty dollars for the first or one hundred dollars for
any subsequent offense.

Sec. 3. This act shall take effect on the first day of October, one thousand eight
hundred and ninety-one.

Approved June 8, 1891. Brightly’s Purdon’s Digest, 1700-1894, vol. 1, p. 1205.

MEAT.

63. (1.) Examination for tuberculosis. Whenever it comes to the knowledge of the
secretary of the State Live Stock Sanitary Board, or an agent of that board who is
authorized to inspect animals, that a meat-producing animal, killed for food, was
found to be infected with tuberculosis, or with a disease resembling tuberculosis, it
shall be the duty of the secretary of the State Live Stock Sanitary Board, either
himself or by deputy, or of an authorized agent of the State Live Stock Sanitary
Board, to make an inspection of the said dead animal and its parts, for the purpose
of ascertaining whether it is or was infected with tuberculosis, and, if infected, to
what extent.

64. (2.) Condemning of meat so infected. If it shall be found that the animal, from
which the carcass or meat came, was infected with tuberculosis, or other infectious
540 FOODS AND FOOD CONTROL.

disease, and to a degree that renders the flesh unfit for use as food, the said dead
animal, carcass or meat, shall be condemned and shall be disposed of by the use of
any method that is approved by the State Live Stock Sanitary Board. For the
guidance of inspectors of animals and meats, and of agents of the State Live Stock
Sanitary Board rules for the inspection of the carcasses of meat-producing animals
may be promulgated by the State Live Stock Sanitary Board, or, in the absence of
such rules, the rules of the United States Bureau of Animal Industry, that cover
the inspection of animals and carcasses for tuberculosis in abattoirs under federal
inspection, shall be observed.

65. (3.) Appraisement of condemned meat. When it is decided by a meat inspector,
approved in respect to competency and reliability by the secretary of the State Live
Stock Sanitary Board, or by a member or agent of the State Live Stock Sanitary
Board, and certified by him in writing on an official form that shall be provided for
this purpose by the State Live Stock Sanitary Board, that the flesh of a meat-
producing animal is unfit for use as food, on account of the fact that the animal from
which it came was infected with tuberculosis to an injurious degree, the said meat
or carcass may be appraised, by agreement between a member or agent of the State
Live Stock Sanitary Board and the owner or his agent, or, if an agreement cannot be
made, three appraisers shall be appointed, one by the owner or his agent, one by the
State Live Stock Sanitary Board or its authorized agent, and the third by the two so
appointed, who shall, under oath or affirmation, fairly and impartially appraise the
meat or carcass, taking into consideration its apparent market value at the time of
appraisement: Provided, however, That such appraised valuation shall not exceed
five cents per pound, nor twenty-five dollars for the entire carcass.

66. (4.) Payment of appraised valuation. The amount of the agreed or appraised
valuation shall be paid by the State Live Stock Sanitary Board, in the same manner
as other expenses of said board are paid, upon the presentation of satisfactory cer-
tificates of condemnation and valuation, and satisfactory evidence in writing that
the condemned animal has beén continuously in the State of Pennsylvania for not less
than four months prior to slaughter, and that the carcass was disposed of in a way
that had been approved by the State Live Stock Sanitary Board.

Approved March 25, 1903. Laws, 1903, No. 60, p. 60; Brightly’s Digest of Laws,
1893-1903, pp. 46-47.
PRESERVATIVES.

16. (1.) Formaldehyde, etc., prohibited; penalty. Any person, firm or corporate
body who shall, by himself, herself or themselves, or by his, her or their agent or
servants, manufacture, sell, ship, consign, offer for sale, expose for sale, or have in
possession with intent to sell, any article of food which contains formaline, formalde-
hyde, sodium fluoride, or any of their compounds, shall be deemed guilty of a misde-
meanor; and upon conviction thereof in the court of quarter sessions of the peace of
the proper county, shall be sentenced to pay a fine of not less than fifty nor more
than one hundred dollars, or to undergo an imprisonment not exceeding sixty days,
or ae at the discretion of the court.

i ) Repealed April 20, 1905, Laws of 1905, Act No. 171, p. 234.

a (3.) Limit of metallic copper; penalty. Any person, firm or corporate body who
shall, by himself, herself or themselves, or by his, her or their agents or servants,
manufacture, sell, ship, consign, offer for sale, expose for sale, or have in possession
with intent to sell, any article of vegetable food containing any coloring matter yield-
ing on analysis more than one-fiftieth of one per centum of metallic copper, shall be
deemed guilty of a misdemeanor; and upon conviction thereof in the court of quarter
sessions of the proper county, shall be sentenced to pay a fine of not less than fifty
dollars nor more than one hundred dollars, or be imprisoned in the jail of the county
for not exceeding sixty days, or both, at the discretion of the court.
PENNSYLVANIA. 541

19. (4.) Enforcement. Itshall be the duty of the Dairy and Food Commissioner to
eniorce the provisions of this act, for which purpose he shall have the same power
which is given him to enforce the provisions of the act authorizing his appointment.

20. (5.) Disposition of fines. All penalties or fines which may be recovered in any
proceeding to enforce the provisions of this act shall be paid to the Dairy and Food
Commissioner or his agent,-and by him paid into the State Treasury; and the money
so paid shall constitute a special fund, for the use of the Department of Agriculture
in enforcing this act, and may be drawn out upon warrants signed by the Secretary
oi Agriculture and approved by the Auditor General.

Approved April 27, 1903. Laws, 1903, No. 254, p. 325; Brightly’s Digest of Laws,
1893-1903, pp. 31-352.

Sec. 1. Preservatives or coloring matter in meat, game, or shellfish prohibited; penalty.
if any person, firm or corporate body shall, by himself, herself or themselves, or by
his, her, or their or its, agents or servants, sell, ship, consign, offer for sale, expose
for sale, or have in possession with intent to sell, as fresh, any meat, poultry, game,
or shell fish which contains any substance, article or ingredient possessing a presery-
ative character or action, or which contains any coal-tar, dye, or any other substance
or ingredient possessing a coloring character or action, shall be deemed guilty of a
misdemeanor; and, upon conviction thereof in the court of quarter sessions of the
peace of the proper county, shall be sentenced to pay a fine of not less than one
hundred doliars nor more than two hundred dollars, and all costs, or to undergo an
imprisonment in the county jail not less than sixty days nor more than ninety days,
or both, at the discretion of the court; and, upon conviction of any subsequent
offense, shall be punished by a fine of not less than two hundred dollars nor more
than five hundred dollars, or be imprisoned not less than sixty days nor more than
four months, or both or either, at the discretion of the court: Provided, That nothing
in this section shail prohibit the use of ice as a preservative, or proper refrigeration.

Sec. 2. Dairy and food commissioner to enforce act. The Dairy and Food Commis-
sioner shall be charged with the enforcement of all provisions of this act; and all
penalties which may be recoverable, and all fines which may be paid, in any pro-
ceedivg or proceedings to enforce the provisions of this act, shall be paid to the
Dairy and Food Commissioner, or his agent, and by him paid into the State Treas-
ury; and the money so paid shall constitute a special fund, for the use of the Dairy
and Food Commissioner in enforcing this act, and may be drawn out upon warrants
signed by the Dairy and Food Commissioner or Secretary of Agriculture, and
approved by the Auditor General.

Sec. 3. Repeal All acts or parts of acts inconsistent with this act are hereby
repealed; but the repeal of said acts shall in no way interfere with, or prevent the
prosecution to final termination of, any action or prosecution now pending, or which
may be hereafter commenced for any violation of said acts, which has already been
committed.

Approved March 28, 1905. Laws of 1905, Act No. 46, pp. 64-65. )
VINEGAR.

See. 1. Various vinegars prohibited. From and after the passage of this act no per-
son, firm or corporate body shall manufacture for sale, offer for sale or expose for
sale, sell or deliver. or have in his, her or their possession with intent to sell or
deliver, any vinegar not in compliance with the provisions of this act. No vinegar
shall be sold or exposed for sale as apple or cider vinegar which is not the legitimate
product of pure apple juice, or vinegar not made exclusively of said apple cider, or
vinegar in which foreign substances, drugs or acids shall have been introduced, as
542 FOODS AND FOOD CONTROL.

may appear upon proper test; no vinegar shall be branded fruit vinegar unless the
same be made wholly from grapes, apples or other fruits.—Amendment of May 21,
1901. Laws 1901, Act 183, p. 275.

Src. 2. Fermented and distilled vinegar to be so branded; foreign substances. All vinegar
made by fermentation and oxidation, without the intervention of distillation, shall
be branded ‘‘fermented vinegar,’’ with the name of the fruit or substance from
which the same is made. And all vinegar made wholly or in part from distilled
liquor shall be branded ‘‘distilled vinegar,’’ and all such distilled vinegar shall be
free from coloring matter, added before, during or after distillation, and from color
other than that imparted to it by the process of distillation, and shall contain not
less than four per centum, by weight, of absolute acetic acid. And all vinegar shall
be made wholly from the fruit or grain from which it is represented to be made, and
shall contain no foreign substance: Provided, That this shall not be construed to
prohibit the use of such an amount of spices as are necessary for flavoring, provided
such spices do not color the vinegar.- -Amendment May 21,1901. Laws 1901, Act 183,
p- 276.

Sec. 3. Injurious ingredients; branding. No person, firm or corporate body shall
manufacture for sale, offer for sale, or have in his, her or their possession with intent
to sell or expose for sale, any vinegar found upon proper test to contain any prepara-
tion of lead, copper, sulphuric or other mineral acid, or other ingredients injurious
to health. And all packages containing vinegar shall be plainly and distinctly
marked on each head of the cask, barrel or keg containing such vinegar, or if sold in
other packages; each package shall be plainly and distinctly marked with the name
and residence of the manufacturer, together with the brand required in section two
thereof.

Sec. 4. Penalties and costs; enforcement of law. Every person, firm or corporate
body who shall violate any of the provisions of this act shall, for every such offense,
forfeit and pay not less than fifty dollars nor more than one hundred dollars, which
shall be recoverable, with costs, including expense of inspection and analysis, by
any person suing in the name of the Commonwealth as debts of like amount by
law recoverable: Provided, That the Department of Agriculture, through its officer
known as the Dairy and Food Commissioner, together with the deputies, agents and
assistants, shall be charged with the enforcement of this act, and shall have full
access to all places, of business, factories, mills, buildings, carriages, cars, vessels,
barrels, tanks and packages of whatever kind used in the manufacture and transpor-
tation and sale of any vinegar, or of any adulteration or imitation thereof, or any
package in which vinegar is mixed with articles of food, They shall also have power
and authority to open any package, barrel or vessel containing any vinegar, or any
adulteration or imitation thereof, which may be manufactured, sold or exposed for
sale, and they shall also have full power and authority to take the samples there-
from for analysis upon tendering the value of saidsamples. And all charges, accounts
and expenses of the Department for the enforcement of this act, through the said
Commissioner and his deputies, agents, assistants, chemist, and counsel employed
by him, in carrying out the provisions of this act, shall be paid by the Treasurer of
the State in the’same manner as other accounts and expenses of the said Department
are paid. And all penalties and costs for the violation of the provisions of this act
shall be paid to the said Dairy and Food Commissioner, or his agents, and by him
immediately covered into the State Treasury, to be kept as a fund for the use of the
Department, and to be drawn out upon warrant signed by the Secretary of Agricul-
ture and the Auditor General. 5

Sec. 5. Further penalties; disposition of fines. Every person who violates any of the
provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine of not less than fifty dollars, nor more than one
hundred dollars, or by imprisonment in the county jail for not less than ten nor

<
PENNSYLVANIA. 543

more than thirty days, or both fine and imprisonment for the first offense, and a
fine of one hundred dollars and imprisonment for thirty days for every subsequent
offense: Provided, That all fines and costs, including the expense of inspection and
apalysis imposed under this section, shall be covered into the State Treasury as pro-
vided by section four of this act, and all vinegar sold or offered for sale in violation
of the provisions of this act shall be subject to forfeiture and spoliation.

Sec. 6. Jurisdiction. Magistrates and justices of the peace throughout this Com-
monwealth shall have jurisdiction to hear and determine actions arising for violations
of the provisions of this act, and to hold for court, or impose the penalties provided
therein, subject to appeal as the law shall direct.

Src. 7. Repeal. All acts or parts of acts inconsistent with the provisions of this act
are hereby repealed.

Approved June 18, 1897. Laws 1897, Act 140, p. 168; Brightly’s Digest of Laws,
1893-1903, pp. 872-873.

RULINGS AND REGULATIONS OF THE STATE DEPARTMENT OF
AGRICULTURE.

1. All foods manufactured, sold, offered or exposed for sale are held to be repre-
sented as pure, unless accompanied by adequate notice to the contrary, in which case
they must be distinctly labeled as ‘“‘mixtures’’ or ‘‘compounds,”’ or as ‘‘artificial’’
preparations.

2. Food sold as pure must be true to name, of standard strength, quality and
purity, and not a compound, mixture or an artificial preparation or imitation.

3. Where no standard of strength, quality or purity is fixed by law, the standard
required shall be that adopted by the highest recognized authorities, such as the
United States Pharmacopoeia, or the Association of Official Agricultural Chemists.

4. No food shall have added to it any substance or ingredient ‘‘ which is poisonous
or injurious to health.”’

5. No fraudulent or worthless article having little or no food value, shall be mixed
with standard goods or substituted for them, and be sold as food under the label
““compound”’ or ‘‘mixture;’’ but all foods sold under this designation must be com-
posed of substances recognized as ‘‘ ordinary articles or ingredients of articles of food.”’

6. The question of the admissibility of a nonpoisonous or harmless foreign sub-
stance in a food, may depend upon whether the substance introduced is necessary in
order to improve the value or quality of the food, or is fraudulently added asa
diluent and cheapener.

+. No food shall be sold under the name of a substance of which it contains none
or only an inconsiderable quantity, and when a name is ‘‘coined’’ therefor such name
shall not be suggestive of any substance not contained therein.

8. Foods manufactured in Pennsylvania, except where exempt by statute from
such requirement, should, for the purpose of identification, be labeled with the name
and address of the person or firm manufacturing them. Foods not so marked are
_ regarded with suspicion.

9. Artificial preparations or imitations shall not be labeled ‘‘extracts,’’ as ‘‘ artifi-
cial vanilla extract,’’ ete.

10. Where such words as ‘‘compound,’’ *‘mixture,’’ ‘‘artificially colored,’’ ete.,
are required upon a label, they shall be in conspicuous places and be printed in bold,
clean-faced type in letters as large and conspicuous as any upon the package, and the
same designation, both as to substance, size and conspicuousness, shall be printed
upon the carton.

11. The use, in food, of a moderate quantity of coloring matter that is not poison-
ous or injurious to health, is not prohibited, provided the goods are otherwise pure
544 FOODS AND FOOD CONTROL.

and of standard quality; except in the case of oleomargarine, milk, cream and dis-
tilled vinegar, in which the use of certain colors is prohibited by statute; but if used
in foods below the established standard of strength and quality, the words ‘‘artifi-
cially colored’’ and ‘‘compound”’ or ‘‘mixture’’ must be printed upon the label.

12. Articles of food that can be prepared by the use of improved processes, so as
to preserve them from decay or change, shall have no preservative added, other than
salt, syrup, sugar, saltpetre, spice, vinegar or wood smoke.

13. When an ‘‘extract’’ is below standard, and yet contains a sufficient quantity
of ~ substance after which it is named to entitle it to be labeled as a ‘‘compound”’
or ‘‘mixture,’’ the percentage of its distinguishing ingredient or ingredients should
be stated on its label.

14. Dry mustard must be pure. A preparation of mustard, vinegar and spices may
be sold if labeled ‘‘ prepared mustard.’’ Mustard may also be sold when mixed
with vinegar, spices and sufficient starch to secure a mild flavor, if labeled ‘‘ pre-
pared mustard, compound.”’

15. Mixtures of a spice with one or more of its valuable Reaiediarth as pepper
with pepper hulls, or pure cloves with cloves from which part of the essential oil has
been removed, must be labeled ‘‘compound’’ or ‘‘mixture.’’ Spice by-products,
themselves possessed of spice value, must be sold under their own, distinctive
names. Spice preparations with which any foreign material has been mixed shall
not be sold as ‘‘compounds’’ or ‘‘mixtures.”’

16. Coffee mixed with chicory, wheat, rye, peas, etc., cannot be sold as ‘‘ coffee
compound.’’—Decision of Attorney General, January 29, 1896. Packages containing
such articles may be sold if they have the name of the adulterant plainly printed on
He label.

. Candy and confections must be free from inert mineral matter, and not colored
a substances poisonous or injurious to health.

18. The distinctive character of a baking powder should be stated on the label, as
cream of tartar, alum, acid phosphate, ete.

19. Tin on cans in which food is presery ed, and the portion of the metal tops of
glass jars which is in contact with food contents, should not contain more than two
per centum of lead.

Norre.—Under the statute a dealer is liable for selling an adulterated article,
although he may have no knowledge that the same is adulterated.

A guarantee of purity received from the manufacturer or jobber does not relieve
a person handling adulterated goods from liability.

FOOD DEFINITIONS AND STANDARDS.

MEAT.



Meat is the dressed and properly prepared edible parts of animals, in good
health at the time of slaugbter, and of the kind designated.

2. Refrigeration is the only method of preservation allowable for fresh meats.

3. Canned meats shall contain no preservative other than salt, sugar and salt-petre,
except smoked meat, which contains the products added by the process of smoking.

4, Pickled and salted meats shall contain no preservatives other than salt, sugar,
salt-peter, vinegar, spices or other condiments.

5. Sausage must be prepared from meat of the quality above indicated, and must
contain no preservatives other than sugar, salt, salt-peter, smoke and condiments;
artificial color must not be introduced without notice of the fact.

6. Meat extracts must be true toname. No antiseptic, other than salt, may be used.
PENNSYLVANIA. 545

MILK AND BUTTER.

1. Milk is the normal secretion, taken by complete milking, from the udder of a
healthy cow, properly fed and kept. Colostral milk is excluded. .

2. Cream shall contain not less than 15 per centum of butter-fat.

3. Skim-milk, except in cities for which a different standard has been established
by law, shall contain not less than 8.5 per centum of total solids not fat, and shall
be free from all kinds of additions.

4. Butter-milk. The acid fluid of milk or cream left after the removal of the but-
“ter fat by churning. It must be free from preservatives other than the salt employed
in the manufacture of butter.

5. Condensed milk shall be prepared from pure and wholesome normal milk, by
removal of water by evaporation; sugar may be added, but no other substances.

6. Butter must contain not less than 83 per centum of butter-fat.

FRUIT PREPARATIONS.

1. Fruit-butter must be prepared wholly from the designated fruit without addition
of any substance other than cider, glucose or cane-sugar and spices.

2. Fruit preserves, jams, marmalades and jellies must be prepared from the designated
fruits and cane-sugar, with or without the addition of glucose, but without the
addition of any other substance.

3. Fruit juice, fresh, is the juice, or pulp, or both, of fresh, sound fruit of the
variety specified on the label, without addition of any other substance.

4. Fruit juice, sweet, is fresh fruit juice to which sugar or glucose has been added.

SACCHARINE PRODUCTS.

1. Molasses is that part of the cane juice, or sugar solution, that is left upon the
removal of part of the sugar. It must contain no added substance.

2. Syrup is the purified or evaporated juice of the cane or maple sap, insufficiently
evaporated to cause crystallization of the sugar. It must contain no added substance.

3. Glucose is the solid, sweet, purified substance obtained by the action of acid on
starch. It must be free from intermediate products.

4. Glucose syrup, is syrup obtained by the action of acid on starch.

5. Honey is the nectar of flowers and saccharine exudations of plants, gathered by
bees. Honey made by feeding bees sugar, glucose, syrup or other saccharine sub-
stances, is not considered pure honey. The mixing of sugar, syrup, glucose or other
similar substance with honey, is considered an adulteration.

SPICES AND CONDIMENTS.

1. Allspice or pimento, is the dried fruit of Pimenta officinalis.

2. Black pepper is the dried, immature berry of Piper nigrum. Pepper shells, pep-
per dust, and other by-products from pepper are adulterants.

3. White pepper is the dried mature berry of Piper nigrum from which the outer,
or the outer and inner, coatings have been removed.

4. Cayenne pepper, red pepper, is the dried fruit of Capsicwm fastigiatum, C. frutes-
cens, C. baccatum or other small-fruited species of Capsicum.

5. Cinnamon is the dried bark of any species of the genus Cinnamomum, from
which the outer layers may or may not have been removed.

6. Ground cinnamon or ground cassia: A powder consisting of cinnamon, cassia
buds or a mixture thereof.

7. Cloves are the dried flower-buds of Jamboso caryophyllus; should contain no
more than 5 per cent. of clove stems.
546 FOODS AND FOOD CONTROL.



8. Ginger is the washed and dried or decorticated and dried rhizome of Zingiber
officinale. Ground ginger shall not contain any added substance, but whole ginger
coated with carbonate of lime may be sold as limed or bleached ginger. q

9. Horse-radish, the root of Cochlearia armoracia; the grated or ground horse-
radish may be mixed with vinegar, but with no other foreign material.

10. Mace is the dried arillus of Myristica fragrans; Macassar or Papua mace, the
dried arillus of M. argeneta, should be sold under its own name; Bombay mace,
M. malabarica, has no spice value and is therefore an adulterant.

11. Mustard, seed, the seeds of Sinapis alba (white mustard), Brassica nigra (black
or brown mustard), S. juncea (sarepta mustard).

12. Mustard, ground, is the powdered mustard seed, of one or more varieties, with
or without the removal of the hulls and a portion of the oil, but without addition of
any other substance.

13. Nutmeg is the dried seed of Myristica fragrans, deprived of its testa; ground
nutmegs should contain no added substance; ‘‘liming’’ whole nutmegs is not to be
considered an adulteration.

FLAVORING EXTRACTS.

1. Lemon extract shall contain at least 5 per centum of the pure oil of lemon dis-
solved in alcohol. ‘

2. Vanilla extract is the solution prepared by the maceration of the vanilla bean
with alcohol and sugar. ;

TABLE BEVERAGES.

1. Tea is the dried leaves of Thea sinensis or other species of Thea, without addition
of the leaves of other plants or of coloring materials injurious to health, and with-
out having been exhausted by steeping or other means. .

2. Coffee is the fruit of Coffea arabica. ‘‘ Roasted coffee’’ is coffee that has been
subjected to dry heat to develop the aroma.

3. Chocolate is the ground pulp of the roasted seeds of Theobroma cacao, from which
none of the fat has been removed.

4. Cocoa is the ground pulp of the roasted seeds of Theobroma cacao from which a
part of the fat has been removed, but to which nothing except the usual flavoring
material has been added.

5. The addition of sugar to either chocolate or cocoa should be indicated on the
label. :


PHILIPPINE ISLANDS.

The board of health for the Philippine Islands is authorized to
‘‘make inquiry and investigation into * * * employments, con-
ditions, habits, foods, beverages and medicines, etc.” In addition
to this, city councils are authorized to control the establishment of
slaughterhouses and markets and to ‘‘provide for and regulate the
inspection of meats, fruits, poultry, milk, fish, vegetables, and all
other articles of food.”

MEAT.

Src. 1. Public slaughterhouse. No person shall slaughter any four-footed animal
for sale or food or cause or allow the same to be done, except in the public slaugh-
terhouse maintained under the supervision of the City Assessor and Collector: Pro-
vided, That suckling pigs may be slaughtered on private premises, for personal use
only and not for sale.

Sec. 2. Appointment of superintendent, etc. The City Assessor and Collector shall
appoint one of the employees in the Department of Assessments and Collections
superintendent of the public slaughterhouse and shall employ as many laborers
therein as may be necessary.

Sec. 3. Duties of superintendent. The superintendent of the public slaughterhouse
shall have entire charge thereof and shall enforce this ordinance and such regula-
tions for the slaughterhouse, not in conflict with the provisions hereof, as may be
adopted from time to time by resolution of the Municipal Board; shall be respon-
sible for the good order, cleanliness, and sanitary condition of the slaughterhouse
and for the collection of the fees hereinafter fixed; shall be present whenever meat
is being weighed or fees collected; shall pay to the cashier at the office of the City
Assessor and Collector before nine o’clock on each morning all fees collected during
the previous day; and shall see that the animals and meat at the slaughterhouse are
inspected each day by the authorized inspector of the Board of Health, and imme-
diately report in writing to the City Assessor and Collector whenever such author-
ized inspector fails to appear at the slaughterhouse and make such inspection.

Src. 4. Regulations. No animal, the ownership of which is in dispute, shall be
admitted to the slaughterhouse; nor shall any animal remain in the slaughterhouse
for over twenty-four hours. No person shall slaughter any animal except an expert
butcher regularly assigned to that duty.

Sec. 5. Condemning of animals or meat. The decision of the authorized inspector
of the Board of Health condemning any animal for slaughter, or any meat, as unfit
for food, shall be final. No such animal shall be slaughtered, and all such meat
shall be cremated at the slaughterhouse.

«Public Laws and Resolutions passed by the United States Philippine Commis-
sion, Act 157, section 4, subsection B, page 335.
547
548 FOODS AND FOOD CONTROL.

Sec. 6. Fees. There shall be charged and collected for each kilogram of meat,
including the tongue, heart, and liver of any animal, a fee of three cents, Mexican
currency, and no meat shall be taken from the slaughterhouse until such fee has
been paid to the superintendent, or in any transportation other than that authorized
by the Municipal Board. |

Sec. 7. Sanitation. The slaughterhouse shall be kept at all times in an orderly and
sanitary condition and shall be thoroughly cleaned at least once in the morning and
once in the evening of each day. The skull and all other discarded parts or contents
of any animal shall be removed from the slaughterhouse as soon as practicable after
such animal has been slaughtered. ‘

Sec. 8. Resisting superintendent. Noperson shall resist, obstruct, or molest the super-
intendent of the public slaughterhouse or any employee therein in the exercise of
his duties as superintendent or employee.

Sec. 9. Superintendent must not be financially concerned in transactions. No superin-
tendent or other person in charge of the public slaughterhouse, or employed in or
about the same, shall purchase, sell, or be directly or indirectly interested in the
- purchase or sale of any animal for slaughter, or of any meat taken from such slaughter-
house.

Sec. 10. Penalty. Any person violating any provisions of this ordinance shall,
upon conviction thereof, be punished by a fine not to exceed one hundred dollars, or
imprisonment not to exceed six months, or both, for each offense.

Sec. 11. Repeals. All ordinances, orders, and regulations and parts thereof incon-
sistent herewith are hereby repealed and this ordinance shall take effect and be in
force on and after the first day of September, nineteen hundred and two.

Enacted, August 23, 1902, by the Municipal Board of the ‘city of Manilla, Ordi-
nance No. 36.

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