^// U. S. DEPARTMENT OF AGRICULTURE, BUREAU OF CHEMISTRY— BULLETIN No. 69 (Revised), PART VUI. ^i^trp^ WiL£Y, Chief, ~~ T u£oe?5siToaY FOODS AND FOOD CONTROL REVISED TO J"TJ3L,~2" 1, 1905. VIII. LAWS OF VIRGINIA, WAS1II \< ,T< >\. WKST VIRGINIA, WIsbONSIN, AM) WYOMING. By \V. I). BIGELOW, Chief, Division <>f F<>oi>h. WASH I \ GOVERNMEN i PRINTING OFFICE. I • i ' U. S. DEPARTMENT OF AGRICULTURE, BUREAU OF CHEMISTRY— BULLETIN No. 69 (Revised), PART VIII. H. \V. WILEY, Chief. FOODS AND FOOD CONTROL. EEVISED TO JUL1T 1, 1905. VIII. LAWS OF VIRGINIA, WASHINGTON, WEST VIRGINIA, WISCONSIN, AND WYOMING. By W. I). BIG ELOW, ( !hibk, I Division of 1- a. WASHINGTON: (,<>yi RNMENT PRINTING OFFICE i 906 LETTER OF TRANSMITTAL U. S. Depabtmbnt of Agriculture, Bureau of Chemistry, Washington, D. CI, October 25, 1906. Sir: I have the honor to transmit herewith for your approval a compilation of the food laws of Virginia, Washington, West Virginia, Wisconsin, and Wyoming, which has been revised to July 1, L905. I recommend that this manuscript be published as Bulletin No. 69, Revised, Part VIII, of the Bureau of Chemistry. Respectfully, H. W. Wiley, Chief. Hon. James Wilson. Si airy products 670 Water 671 Wisconsin 672 General food laws 672 Baking powders 673 Bread 073 Canned goods 675 Dairy products and other food supplies 070 Flavoring extracts Flour ( I tuck w heat ) Honey Lee 687 Meat 687 Preservatives 68' Syrups Vinegar Rulings made t>\ the commissioner Wyoming 093 < General food laws Alcoholic i'<-\ erages 897 Candy Canned n Ls hairy products 700 Maple products 702 Meal 70S Vinegar 703 in Digitized by the Internet Archive in 2013 http://archive.org/details/wyowilltrolOObige FOODS AND FOOD CONTROL— VIII Revised to July 1, 1905. VIII.— Laws of Virginia, Washington, West Virginia, Wisconsin, and Wyoming. VIRGINIA. The State department of agriculture is charged with the enforce- ment of the food laws of Virginia. In reply to a letter of inquiry, the following statement was received from Mr. G. W. Koiner, commis- sioner of agriculture: No prosecutions have yet been made under the provisions of the pure-food law, as it was deemed best to publish the first bulletin and give the merchants and con- sumers an opportunity to learn what the law is and what rulings and standards have been adopted before putting it in full operation. Already, however, the law is having an excellent effect, as many letters have been received in regard to labeling and branding, discussing what will and will not be allowed to he sold in this State. There is a decided disposition manifested to comply with the law, and the good effects are being seen. Many of the old laws passed prior to the general food law of 1900 should be repealed, as they tend to much confusion. GENERAL FOOD LAWS." 3811. I'ntrltolesome provision* ; penalty. If any person knowingly sell any diseased, corrupted, or unwholesome provisions, whether meal or drink, without making the same known to the buyer, he shall be confined in jail not exceeding six months, and lined not exceeding one hundred dollars. 881 la. To prevent the gelling of unwholesome meat, Unconstitutional. *{sl2. Addition of injurious ingredients to food or drugs. If any poison fraudulently or knowingly adulterate, for the purpose of sale, any drug or medicine, or any article of food or drink, w ith any BUbstance that may be injurious to health, or with barytes or any substance intended to Increase the weight or quantity of such food or drink, he shall be confined in jail not exceeding one year, and fined not exceeding five hundred dollar-; and the adulterated articles -hall he forfeited and destroyed. Code L904, vol. •_', title 52, ch. 186, p. 2098. 1898a, (1 ) Examination / agriculture to publish exemptions li?}t standards. That it shall be the duty of the board of agriculture to prepare and publish from time to time lists of the articles, mixtures or compounds declared to be exempt from the provisions of tin- act in accordance with r-r.-ti.pn si\. The board of agriculture shall also from tune to time fix and publish the Limits of variability permissible in any article of food, beverage Or condiment, an. 1 these standards, when so published, shall remain the standards before all courts: provided, that when standards ha\ e or may be fixed by the secretary of agriculture of the United State- the] shall be accepted l»y the hoard of agriculture, and published as the standard- for Virginia. [9) Samples. That every person who expo-,- [or sale or delivers to a purchaser any condiment, beverage, or article of food shall furnish, within business hours, and upon tender and full payment of the selling price, a sample of such condiments, beverages or articles ol food to any person duly authorized by the board of agricul- ture to secure the same, and who shall apply to -uch liianulact urei or Vender Or 642 FOODS AND FOOD CONTROL. person delivering to a purchaser such beverage or article of food, for such sample for such use in sufficient quantity for the analysis of such article or articles in his — ion. (10) Obstructing t nforcemt ni of law; penult;/. That any manufacturer or dealer who refuses to comply upon demand with the requirements of section nine of this act, or any manufacturer, dealer or person who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent any chemist, inspector or other person in the per- formance of his duty in connection with this act shall be guilty of a misdemeanor, and shall, upon conviction, be fined not less than ten dollars nor more than one hundred dollars, or be imprisoned not more than one hundred days, or both, and said fines less legal costs shall be paid into the treasury of the state. (11) Interference with commerce, etc. That this act shall not be construed to inter- fere with commerce, or any interstate commerce laws of the United States. Approved February 27, 1900. Acts of Assembly, 1899-1900, ch. 655, pp. 694-697; Code of 1904, vol. 1, title 25, ch. 84, pp. 983-986. 1898b. Prosecutions; fees. For the purpose of a more rigid enforcement of the law prohibiting the sale of adulterated and misbranded foods in the State of Virginia, it shall be the duty of the judge of the circuit or corporation court for each county and city of this State to bring to the attention of the grand juries of his county or city the. act approved February twenty-seventh, nineteen hundred, entitled an act to prevent the sale of adulterated and misbranded food in the State of Virginia, and upon the finding of an indictment against the manufacturer or vender of such adul- terated or misbranded food, beverages, or condiments, or at any time prior thereto, the Commonwealth's attorney may, if he deem it proper, forward a sample of the same to the commissioner of agriculture, to be analyzed or examined, microscopically or otherwise, by the chemists or other experts of the department of agriculture, who shall render a report thereon to said Commonwealth's attorney, which report may be used in evidence before said grand jury or at the trial of said person or persons so indicted. For each conviction under said act said Commonwealth's attorney shall be entitled to a fee of ten dollars, which shall be paid by the city or county in which said conviction was had upon an order from the judge of said court, and said tee shall he paid, notwithstanding the provisions of any law to the contrary limiting the salary or fees of Commonwealth's attorney; and said fee shall be taxed as a part of the eci-is againsl the defendant, and when collected shall be paid into the treasury of said county or city. \< N of L904, Ch. I<>, p. 14; Code of 1904, title 'J.'), ch. 84, p. *. pt 8 <"'■ —2 644 FOODS AND FOOD CONTROL. of yellow butter produced from pure unadulterated milk or cream of the same: provided, that nothing in this act shall be construed to prohibit the manufacture or sale of oleomargarine, buttcrine, or kindred compounds in a separate and distinct form, and in such manner as will advise the customer of its real character, free from coloration or ingredient that causes it to look like butter. (2) Use of imitation butter in hotel*, etc. That it shall be unlawful for any keeper or proprietor of any bakery, hotel, travern, licensed boarding-house, restaurant, saloon. lunch counter, or place of public entertainment, to use oleomargarine, butterine, or kindred compound either in baking, making, or cooking of bread, cakes, pies, crackers, meat, fish, fowl, or other edibles; or to serve the same to guests or patron-. without first posting and exhibiting in their respective bakeries, stores, restaurants and dining-rooms in a conspicuous public place, in large Roman letters not less than one inch square, a sign or placard, with this inscription: Imitation butter used here. (3) Penalties. Whoever violates any of the provisions of section one or two of this act shall be punished by a fine not less than fifty nor more than two hundred and fifty dollars, or by imprisonment in the jail of the county or corporation in which the offense is committed for a term not exceeding six months. (4) Sampling and analyses. It shall be the duty of the commissioner of agriculture of this state to have samples taken of butter, oleomargarine, or butterine, or any adulteration of batter, wherever offered for sale in this state, and have these samples analyzed by the chemist employed by said commissioner of agriculture, and where the analysis of the sample or samples so taken show that any adulterated article has been sold or offered for sale, it shall be the duty of the commissioner oi agriculture to report the fact to the commonwealth's attorney in the county or city where said samples were taken. A copy of said chemist's analysis, when certified to by him, shall be admissible as evidence in any court of this state on the trial involving the purity of any butter. (o) Jurisdiction. Justices of the peace shall have jurisdiction to impose the penalty herein prescribed. Laws of L897 and L898, ch. 16, p. 147, as amen. led by Acta of Assembly 1899-1900, eh. 008, p. 1606; Code of L904, vol. 1, title 25, ch. 84, pp. 990-991. FISH. See Flour, etc., Inspection law FLOUR, ETC. (INSPECTION OF FISH, MEAT, salt, AND BARRELED PRODUCTS IN GENERAL). 1 ^."iO. Requirements for flours. All wheat Hour offered for inspection shall be well bolted and merchantable, of due fineness, and without mixture o dour, or of any other grain than wheat; and all corn meal BO offered Bhall be well sifted, made of corn well kiln-dried and merchantable, of due fineness and without mixture of any other material. 1. 851, Construction of flour barrets, etc. All barrels containing Hour, meal, and bread, offered for inspection, shall be made of ■_">< d seasoned timber, either split or -awed, with ten hoops, well nai led w it h four nai Is in each chine hoop and three nails in each bilge hoop. The stave shall be twenty-seven inches long, and the bead seventeen inches and a naif in diameter. In half barrels the staves shall be twenty- three inches long and the head twelve and a half inches in diameter. 1 8 •"»-. Standard weightof barrel of flour , etc; penalty. Bach barrel of flour or corn meal shall contain one hundred and ninety-sis pounds of flour or meal, and each half barrel ninety-eight pound-; and in case of deficient quantity, any person offer- ing such Hour or meal for inspection Bhall forfeit eighl cents for each pound of such deficiency nol exceeding three, and seventeen cents for each pound over three. VIRGINIA. 645 1853. Inspection of four from outside of State. The acts repealing this section pro- vide: " Nothing in this act shall deprive the vendor or the purchaser of any package of flour or fish of the right to require the inspection of the same if he bo desires." Repealed 1887-1888, pp. 52, 102. 1854. Penalty for sale without inspection. The acts repealing this section provide: "Nothing in this act shall deprive the purchaser of any package of flour or fish of the right to require the inspection of the same if he so desires." Repealed 1887- 1888, pp. 52, 102. 1861. Barreled products that must be inspected and branded. Every barrel of flour, corn meal, bread, fish, pork, beef, tar, pitch, or turpentine; every barrel, box, or bag of salt, and every bale of hemp made, packed, <>r filled in this State, and offered for inspection, shall have the weight and tare thereof marked thereon by the manufac- turer, packer, or filler thereof. 1862. Brand for exported products. Every manufacturer of flour, corn meal, bread, or salt, for exportation, shall keep a mark by which his own manufactory may be distinguished, with which he shall brand or mark distinctly each barrel of flour, meal, or bread, and each barrel, box, or bag of salt, before the same is removed from the place where manufactured; but no such manufacturer shall use or permit to be used on any such commodity more than one such brand or mark within one year from the first day of June annually, other than a private mark indicating the quality of the article. 1863. Penalty for not branding. For every barrel, box, bag, or bale of any of the commodities mentioned in the two preceding sections, offered for inspection, or removed from the manufactory contrary to either of said sections, the prison offering the same for inspection, or the manufacturer, shall forfeit fifty cents; and if any per- son wilfully put a false tare or weight on any such barrel, box, bag, or bale, he shall forfeit one dollar on every such barrel, box, bag, or bale. 1 Mil. Duty of inspector. Every inspector, by himself or a deputy, shall attend when required, at such time or place, within his county or inspection district, as the owner of any commodity of which lie is inspector may appoint, and examine such commodity, either by boring through the head, in case of a barrel, with an auger not exceeding half an inch in diameter, or in some other satisfactory manner as to barrels and all other parcels. 1865. Brand of location , ch. 84, pp. < .':•- , 975. L898£ Combination flour must in so lt her adul- teration, nor shall receive <>r solicit any order for the manufacture, sale, exchange, or delivery within this state oi any wheat flour adulterated with corn starch, corn Hour, barley (lour, or other adulteration unless he or they shall plainly and durably brand, stamp, or mark each package, parcel, DOX, or barrel containing BUch adul- terated wheat flour with the word ••combination,'' and beneath this word shall be plainly stamped on ever] barrel, box, or other package the name and percenta 646 FOODS AND FOOD CONTROL. each ingredient need therein, and any such person or persons who shall fail to stamp each barrel, box, or package as aforesaid, or who shall misstate the percentage of every ingredient in such combination shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not less than twenty-rive dollars or exceeding one hundred dollars for each offence or imprisoned in jail not less than sixty days, or both in the discretion of the court. The possession by any person who is either manufacturer, merchant, wholesale or retail dealer of any packages, parcels, or boxes containing any of the combination flour defined by this act that is not plainly and durably marked with the word "combination " shall be prima facie evidence that the order upon which such flour was obtained was for such flour; provided, that if packages, and so forth, containing combination flour shall be plainly and durably marked as required by the provisions of this act before or when the same are sold or exchanged or exposed for sale or exchange, then the person or persons so selling or exposing for sale or exchange the same shall be exempt from the penalties of this act. Code of 1904, vol. 1, title 25, ch. 84, p. 988. 1898g. (1). Com meal ground outside of Virginia. No person shall sell, offer for sale, expose for sale, or have in his possession with intent to sell, any meal ground or milled outside of the State of Virginia from Indian corn, knowing the same to be ground or milled outside of said State, under the name of Virginia or Old Dominion mill, or under other name, or with any character, designed, marked, or name on the sacks, bags, or packages intended to create the impression that such meal has been ground or milled within the State of Virginia: provided, that nothing in this act shall be construed to prevent the sale, within the State of Virginia, of meal ground or milled without the State of Virginia from Indian corn not marked in such mannei as to create the impression that such meal was ground or milled within the State of Virginia from Indian corn. (2). Meal made of "western corn." That no person shall sell, offer, or expose i<>r sale any meal ground or milled inside the State of Virginia under the name of Vir- ginia or Old Dominion meal manufactured from Indian corn grown west of the boundaries of this State and known as "western corn," nor bearing or under any character, design, or mark on the sacks, bags, or packages containing said meal intended to create the impression that such meal has been ground or milled from Indian corn grown within the State of Virginia: provided, that nothing in this act shall be construed to prevent the sale within the State of Virginia of meal ground or milled within the State of Virginia from Indian corn grow n wot of the boundaries of this State, and known as "western corn," not labeled or branded with such characters or marks as to create the impression that such meal was ground or milled from Indian corn grown within the State of Virginia. (3). Penalty. Any person violating any of the provisions of this act shall he deemed guilty of a misdemeanor, and he punished by a tine of not less than ten dollars nor more than two hundred dollars, or by imprisonment in the jail of the county or corporation in which the offense is committed for a term not exceeding six months. I Evidence, violation of tec. /. In any prosecution of a person for a violation of Section one <>f this act, proof of the sale, or offer for sale or exposure for sale, or pos- session with intent to sell, shall he prima facie evidence of knowledge that such meal was ground or milled outside of the State of Virginia. Evidence, violation of sec. P. in any prosecution of a person for a violation of Section tWO Of this act, proof of the .-ale, or offer or exposure for sale, shall he prima facie evidence of knowledge that such meal was ground or milled from Indian corn grown west of the I .on ndaries of t h is Stat < • a n< I know n as "western corn." J^iws L901-1902, p. 7(); Code "i L904, voL I. title 25, ch. 84, pp. 988-900. VIRGINIA. 647 1855. Regulations for packing fish. All fish offered for inspection shall be packed, all of one kind, in barrels of well-seasoned strong timber, clear of sap, not less than five-eighths of an inch thick, made tight, with at least twelve hoops, containing not less than twenty-eight gallons. The barrels shall be well nailed and pegged, and full of fish, well salted, cleaned, sound, and merchantable. But nothing in this sec- tion or chapter shall require salt fish packed as aforesaid, brought into the city of Alexandria, from any other state or country to be inspected unless the merchant importing such fish so desires. 1856. Regulations for packing pork or beef. All barrels containing pork or beef offered for inspection shall be made of the same kind of timber, and of the same thickness and strength, as is prescribed for fish barrels, and shall contain at least two hundred and four pounds net of good, clean, fat, sound, merchantable meat, well salted between each layer, and well pickled. There shall not be more than two heads in any one barrel of pork, and the whole shall be well salted and cured before it is packed. 1858. Construction of salt barrels. All barrels containing salt offered for inspection shall be made of good, seasoned materials, with at least ten hoops, with four nails in each chine hoop, and three nails in each upper bilge hoop, and not exceeding thirty inches in length and eighteen inches in diameter across the head within the chine. 1866. Branding of fish, pork, beef, as toqualiti/, etc. If an inspector of fish, pork, beef, tar, pitch, or turpentine, shall judge the same to be sound and merchantable, and as to fish, pork, or beef, that it is properly packed and salted, and in proper barrels, he shall brand or stamp each barrel with the letter " V ", with the first Letter of the name of his county or town, and with his own name; and in respect to fish, pork, or beef, with the number "one" or "two", as he may judge it to be of first or second quality, either as to the quality of the article, or the order in which the barrel is found; and in respect to pork, with the letter "L", for large pork, or the letter "S", for small pork, as the case may be; and the head of each barrel of tar, pitch, or turpentine, with a mark distinguishing the article it contains. ls(>7. Branding of salt asto quality, weight, etc. If an inspector of salt judge the same to l>e merchantable, and if packed in barrels, that they are such as are required, he shall mark or brand each barrel, box, or bag, in a durable way, with the name of his county, and with the quality thereof, as number "one", "two*', or "three". He shall also weigh each barrel, box, or bag, and mark the same in like maimer. with the gross weight, and with the tare, allowing for each barrel of salt twenty- eight pounds for the tare. But if he finds that the barrel exceeds that tare, he shall cause the true tare to be marked thereon, for which he shall have an extra fee of one cent on each barrel, bag, or box. ls(js. Inspection and branding of alum saU. In the case of alum salt (not to be exported in hulk), the inspector may examine the same in hulk, if desired, hut shall, after it is packed, weigh and mark and brand the game, as directed in the preceding section, and also with the words "alnni salt." L869. 8iteofsaU barrelt; time of inspections. No inspector shall pass any salt in a barrel of larger dimension! than i- prescribed; nor shall any salt he weighed by him until it lies twenty-four hours, at least, and su.h additional time after packing, as the inspector shall deem sufficient for draining it. IsTO. Inspection certtycatt for exported soft. In the case of salt intended to be export* d in hulk, if the inspector And the same t<» be of final quality, he shall grant to the owner a certificate stating the quality and probable quantity of the salt, the name of the vessel in which it is loaded, and the market to which it is destined. 1 s 7 1 . Branding of <->>m I, mm j, so deemed unlit to pass, with the word "condemned " ; and if he B48 FOODS AND FOOD CONTROL. judge such commodity merchantable and in good condition, except that the barrel is under the size required, he shall brand on such barrel the word "undersize", and at the same time brand thereon the true quality of the said commodity; and in the case of lumber or salt inspected in bulk, shall refuse the certificate required when the article is passed; and in the case of hemp, shall annex to each bale a label, stamped with the word "condemned". But such inspector shall, if required by the owner of such commodity, secure the same for a further examination. If no each examination, as hereinafter provided, be had within twenty days, or on such review the inspector's judgment be confirmed, he shall brand the same, if not previously done, acccording to his judgment. 1876. Barrels judged to be damaged bat not condemned. If any inspector find any such barrel of any such commodity damaged or out oi order, though not to such extent as to make it proper on that account to condemn it, he shall state, in writing, the cost of patting the same in good order, with the block or cooper's mark on the same, the grade of the article, and the maker's or packer's brand thereon, and deliver such statement to the owner of such article. The amount of damage thus ascertained shall be deducted from the price, if it has been sold, unless otherwise agreed, or unless the seller shall cause such barrel to be put in good order. 1is7(>. Appeal from inspector's decision; costs. Any person offering for inspection any such commodity, which is judged of inferior quality, or condemned or refused by any inspector, may apply within twenty days alter each inspection, to a justice of the county or corporation for which he is inspector, who shall thereupon issue a warrant directed to three disinterested persons selected by him to review the inspect- or's judgment. They shall take an oath to discharge their duty faithfully; and if they declare such commodity to be merchantable or of better quality than it was judged to be by the inspector, he shall thereupon erase the mark or brand with which he may have marked the same, and mark, brand, or label it, as the said reviewers may direct; and in the case of lumber or salt inspected in bulk, grant a certificate or note in conformity with the reviewers' judgment; and in such cases the inspector shall pay the costs of the review, including three cents to each of the reviewers for each barrel of any commodity, or for every five bushels of salt, not in barrels, or fifty cents for each bale of hemp, or seventy-live cents for each thousand pieced of lumber, or six cents for each parcel of butter or lard reviewed. Hut if the judgment of the inspector lie confirmed by the reviewers, then the complainant shall pay the coste of the review, including the same compensation to the reviewers, besidee the fees of inspection to the inspector, except that in the ease of salt he shall pay the inspector- ten cents for each barrel or every li\e bushels of salt. 1 n 7 7. Rei " " ' r*i penalty. If any person so appointed as a reviewer refuse to act, he shall forfeit to the person applying for such warrant live dollars. Is7s. Fees for various inspections, [nspectoreof the several commodities herein- before mentioned, and cullers of lumber, shall have the following fees: it For each barrel of flour, corn meal or bread inspected, two cents; Becond. For each barrel of fish, pork, and beef, six cents; and for- each barrel of tar, pitch, and t urpent ine, four cents; Third. For each barrel of salt, and fo* every five bushels thereof, when it is inspected in boxes, in bags, or in bulk, one cent; Fourth. For each tub, firkin, keg, or barrel of butter or lard, four cents; * * * Is 71). Payment of fees. The said \<-v^ shall be paid by the person offering the commodity for inspection, except in the case of lumber, and in that case one-half shall be paid by the buyer and one-half by the seller, unless the siinc be not sold at the time of inspection, in which case the whole shall he paid by the 060800 offering it for inspection. Isso. Assistants. While the inspector is engaged in examining and weighing any Commodity, the person offering the same lor inspection shall furnish as many hands at his own charge to a net the inspector as may he necessary. YIKGINIA. 649 1881. False tare suspected; expense of unpacking. An inspector, if he suspect any commodity on which the tare is marked to be falsely marked, or if the purchaser request it, shall unpack any barrel or other parcel of such commodity, and if he find the tare greater than is marked, the manufacturer or packer and filler who sold the same, shall pay the expense of unpacking or repacking, in addition to any pen- alty imposed by law. But if otherwise, the said expense shall be paid by the inspector, if he acted on his own suspicion, or by the purchaser, if the trial was made at his request. 1882. Prosecution. Every inspector shall endeavor to enforce the law as to the inspection of commodities of which he is inspector, and in every case in his knowl- edge of any violation thereof, shall inform the attorney for the commonwealth of his county or corporation. 1883. Inspectors not to trade in commodities inspected; penalties. If any inspector, deputy inspector, or culler of lumber, trade in or purchase, otherwise than for his own consumption, any commodity of which he is inspector or' culler, he shall forfeit. if an inspector of flour, corn meal, bread, fish, pork, beef, tar, pitch, or turpentine, seven dollars for every barrel, cask, bag, or box, or for every five bushels of salt in bulk, so traded in or purchased; if an inspector of butter or lard, live dollars for each tub, lirkin, keg, or barrel; and if an inspector of lumber or hemp, or a culler of lumber, one hundred dollars for every such offence, lint nothing in this section shall be construed to prevent an inspector or culler of lumber from selling any com- modity which he may have received in payment of his fees. 1884. Right to require inspection. The acts repealing this section provide: ''Noth- ing in this act shall deprive the vendor or the purchaser of any package of Hour or fish of the right to require the inspection of the same if he so desires." Iss5. Imitation or falsifying of brands. If any person willfully use or imitate the brand or mark of any other person on any Buch commodity, or pack any Buch com- modity in a barrel, cask, box, bag or bale, tub, lirkin, or keg. previously branded or marked with the name or brand of any other person, or alter the brand or mark made by an inspector on such commodity, or shift or change the contents of any such barrel, cask, box, bag or bale after it has been inspected, or mark or brand with the brand or mark of the inspector, <>r in imitation thereof, any not inspected, and sell or offer to sell the same, he shall be lined twenty dollars for every such offence. lss<>. I 'malt;/ for underweight, li any person sell, or offer to sell, any such com- modity in barrels, of other package or parcel, known by him to be of less weight, size, and gauge (after allowing lor ordinary shrinkage and loss of weight) than is required by law, or tban is marked or branded thereon, or than i- stated in the cer- tificate of the inspector thereof, h<- shall forfeit ten dollars for everj such barrel, package, or parcel so sold or offered for sale. L887. Recovery of penalty. If any penalty hereinbefore imposed Bhall be recovered of any person other than the manufacturer or packer of the article for any default of said manufacturer or packer, such person may recover the amount paid by him from Mich manufacturer or packer. L88S. Penalty for neglect or. omission on pari of inspector. If any inspector or culler mark or brand anj barrel <>r other package of any Buch commodity, or give a certifi- cate of his having inspected any lumber or sail in bulk, without having actually inspected the same, or pass -i brand any such commodity as merchantable which he knows to be unfit to [.ass i unless ordered by re> iewers, according to law (, or permit any other person t«. use hi- mark or brand for that purpose, or be guilty of any wil- ful neglect Or "ini — ion of his dut\ a- inspector, he shall be lined fifty dollai every such offence. |ss?>. Tnspa -tor's record; toft manufacturer's report. Every inspector --hall keepa book, in w Inch he shall enter an account of the quantity and description of the com- modities inspected by him; and each manufacturer of -alt Bhall return monthly, to 650 FOODS AND FOOD CONTROL. the inspector of salt in the county, city, town, or district to which he belongs, a statement of the salt removed from his manufactory without being inspected, to be entered by said inspector in his said book. IsiM). Inspector's quarterly statements. Each inspector of salt shall deliver quar- terly, under oath, an abstract of all salt so inspected by, or stated to him, to the clerk of the court of his county or corporation; and each inspector of flour, meal, or bread shall publish, quarterly, a statement of the quantity and quality of the said commodity Inspected by him. Codes of 1904, vol. 1, title 25, eh. 84, pp. 972-981. 1844. Appointment of various inspectors. Inspectors may be appointed of any of the following commodities, to-wit: flour, corn meal, bread, salt, fish, pork, beef, tar, pitch, turpentine, lumber, hemp, butter, or lard, but no inspection shall be required or made of lumber exported from the state by the party who shall have cut the same on his own land, except at the request of such party. Such appointment shall be made annually, in September or October, by the Governor, for the several counties, cities, and towns in which it may be necessary to appoint such inspectors. The same person may be appointed inspector of two or more of said commodities; but there shall not be in the same city or town more than one, nor in the same county more than six inspectors of the same commodity. 1S45. Vacancy. In case of a vacancy in the office of inspector, the Governor shall appoint one for the residue of the year. 1S4(>. Deputy inspectors. Any inspector (other than an inspector of lumber), with the approbation of the Governor, may appoint one or more deputies to assist him, for whose acts his principal shall be liable, and be entitled to the same fees as for his own. 1S4N. Removal from office. The Governor may remove from office at any time an inspector or deputy inspector, for neglect of duty, incapacity, or misconduct. Is45). Inspection districts. Where more than one inspector shall be appointed in the same county for the same commodity, the court shall lay off the county into as many districts as there are inspectors, and assign one to each Inspector; and no inspector shall be authorized to inspect such commodity in the district assigned to any other, except when that other shall fail, on being required by the owner, promptly to inspect the same. Code of 1904, vol. I, title 25, CIDER. Is'.'sc. i l i Standard. No person shall manufacture, produce, sell, keep for sale or offer lor Bale any vinegar w hich shall not have ;in acidity equivalent to the pres- ence of at least four and one-half per centum by weight of absolute acetic acid, or any cider vinegar which shall have less than such amount of acidity or less than two per centum by weight of cider vinegar solids upon full evaporation overboiling water. (2) Imitation cider vinegar. No person shall manufacture, produce, sell, keep for sale, or offer for sale any vinegar or product in imitation or semblance of cider vinegar which is not cider vinegar. {:',) 8aU of imitation cider vinegar. No person shall sell, keep for sale, or offer for sale as or- for cider vinegar any \ inegar or product which is not cider vinegar. VIRGINIA. 651 (4) Injurious ingredients. No person shall manufacture, produce, sell, keep for sale, or offer for sale any vinegar which shall contain any preparation of lead, cop- per, sulphuric acid, or other ingredients injurious to health or any artificial coloring matter. (5) Brand for cider vinegar. Every manufacturer or producer of cider vinegar shall plainly brand on each head of the cask, barrel, keg, or other package contain- ing such vinegar his name and place of business and the words "cider vinegar;" and no person shall label or brand as for cider vinegar any package containing vine- gar which is not cider vinegar. (6) Penalty. Whoever by himself or another violates any of the provisions of any of the foregoing sections shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars. (7) Cider vinegar defined. For the purpose of this act the term "cider vinegar'' shall be understood to mean vinegar made exclusively of pure apple juice. Sections one, two, and four shall not apply to any vinegar or produce manufactured or in process of manufacture at the time of the passage of this act, but the provisions of law existing at the time of the passage of this act shall apply thereto. ls9Sd. ( 1) Branding of pure apple cider. Every person selling or exposing to sale any cider which is composed of nothing but pure apple juice and such ingredients as may be necessary to preserve same shall label or brand so as to be conspicuously seen by the buyer each and every barrel, cask, keg, or other vessel of whate kind in which the same is kept or from which it is sold or otherwise disposed with the won Is "pure apple cider." (2) Branding of '" chemical cider. ^ Every person selling or exposing to sale any cider which is not composed of pure apple juice and such ingredients as may be necessary to preserve it shall label or brand so as to be conspicuously seen by tin- buyer each and every barrel, cask, keg, or other vessel of whatsoever kind in which it is kept or from which it is sold or otherwise disposed with the words "chemical cider." (3) Penalty. Any person violating the provisions of the foregoing sections or either of them shall be guilty of a misdemeanor, and upon conviction shall be pun- ished by a fine of not less than twenty dollars nor more than fifty dollars. Code of 1904, vol. 1, title 25, ch. 84, pp. 986-987. WATER. 3813. Penalty for polluting water. It any person knowingly orwilfully cast any dead animal, or any other noxious substance or matter, or what is commonly known a> bait, into any water course of the state, above tide-water, by which the health of any person along said water course is' affected or the water is rendered impure or Offensive, be shall be lined nol less than ten QOr more than fifty dollars. 8818a. Defiling of sources of water supply; penalty. It shall be unlawful except as hereinafter provided tor any person to defile or render impure, turbid, or offensive the water used for the supply of any city or town of this Mate or the bouto stream- used for furnishing such supply or to endanger the purity thereof by the following means or any of them, to wit: By washing or bathing therein, orb] ing into any spring, well, |>ond, lake, or reservoir from which such supply is drawn. or into any stream so usedorthe tributary thereof above the point where Buch supply il taken out of such stream or is impounded tor the purposes of sueh supply, or into any canal, aqueduct, or other channel or receptacle for water connected with any work- for famishing a public water supply any offal, dead fish, or carcass of any animal, or any human or animal tilth or other foul Or Waste animal matter, or any waste vegetable or mineral substance, or the refuse of any mine, manufactory, or L8622 v.. 80, pt s— oti :i 652 FOODS AND FOOD CONTROL. manufacturing process, or by discharging or permitting to flow into any such source, spring, well, reservoir, pond, stream, or the tributary thereof, canal, aqueduct, or other receptacle for water the contents of any sewer, privy, stable, or barn-yard, or the impure drainage of any mine, any crude or refined petroleum, chemicals, or any foul, noxious, or offensive drainage whatsoever, or by constructing or maintaining any privy-vault or cesspool, or by storing manure or other soluble fertilizer of an offensive character, or by disposing of the carcass of any animal, or any foul, noxious, or putreseible substance, whether solid or fluid, and whether the same be buried or not, within two hundred feet of any water course, canal, pond, or lake aforesaid, which is liable to contamination by the washing thereof or percolation therefrom: provided, that nothing in this act contained shall be construed to authorize the pollu- tion of any of the waters in this state in any manner now contrary to law: and pro- vided, further, that this act shall not apply to streams the drainage area of which above the point where the water thereof is withdrawn for the supply of any city or town or is impounded for the purposes of such supply shall exceed fifty square miles. That any person knowingly or wilfully violating the terms of this act shall be deemed guilty of a misdemeanor, and shall be punished for each offence by a fine not exceeding one hundred dollars or by imprisonment not exceeding thirty days or by both at the discretion of the court: and provided, further, that nothing herein contained shall be so construed as to prevent the washing of ore or minerals in any of the streams or waters of this commonwealth other than such as may be used for the water supply of any city or town. .'J^l.'Jb. Dead animals placed in reservoirs, etc.; penalty . Any person or persons who shall knowingly and wilfully throw or cause to be thrown into any reservoir or other receptacle of drinking water or spring or stream of running water ordinarily for the supply of drinking water or domestic purposes of any person or family, town or city in this commonwealth the dead body of any animal, or shall drown and leave or cause to be drowned and left any animal therein shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding one hundred dollars or imprisoned not exceeding six months or both at the discretion <>i the court in which such conviction is made. Code of 1004, vol. 2, title 52, ch. 186, pp. 2036-2038. 103*. Municipal jurisdiction for protection of waterworks. In addition to the pow- ers conferred by other general Statutes, the council of every city and town shall have power * * * to prevent the pollution of the water and injuries to the water works, for which purpose their jurisdiction shall extend to live miles above the same; * * * . Oode of L904, vol. l, title L6, eh, 44, p. 498. WASHINGTON." The food laws of this State were modeled in a general way after the proposed National laws, to which so much attention has been given. The State dairy and food commissioner is charged with their enforcement. It is made the duty of the chemist of the State experiment station to examine all samples referred to him by the commissioner. In reply to a letter of inquiry, the following statement was received from Mr. L. Davies, the dairy and food commissioner: Our legislative enactments touching the pure-food question are not so full in this State as might be desired, but as far as they go they have been very well enforced. One thing to be desired especially is the proper labeling of our food packages, and along that line work is being especially directed at present. GENERAL FOOD LAWS. 727."). Diseased or unwholesome provisions. Every person who 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, shall, on conviction thereof, be imprisoned in the county jail not more than one year, and be lined not eding one thousand dollars, or fined only. Ballinger's. Annotated Codes and statutes, L897, vol. 2. 2865i. (1) Adulterated food prohibited. Nbperson, linn or corporation shall, within this state, sell, offer lor sale, have in his possession with intent to sell, or manufacture for Bale, any article of food which is adulterated within the meaning of this act. (2) Tains "food" and "misbranded" defined. The term "food" as used herein shall include all articles used for food, drink and condiment by men, whether mixed, simple or compound. The term "misbranded" as used herein includes all articles of food or articles which enter into the composition of food or condiment-, the pack- age or label of which shall bear any statement purporting to name any ingredient or substances nol contained in such article, which statement shall be false in any par- ticular, or any statement purporting to name the substance of which such article is made, which statement shall not fully give the names of all the substances con- tained in the article in any measureable quantities, or which names as a single article of food aUy mixture Or compound. The term "drink" as used herein, shall not include liquids containing two per cent or more of alcohol. (8) Adulteration defined. That for the purpose of this act an article shall be deemed adulterated in the case of foods or drinks — ■ . It' any Bubstance or substances has or have been mixed and packed with it so as to n duce or lower or injuriously affect its quality or strength so that such pn d- uct when offered for sale shall deceive or tend to deceive the purcha 2d), [f any inferior or cheaper substance or substances has or have been substi- tuted wholly or in pari for the article so that the product when Bold shall deceive or tend to deceive the pure!:. o The dairy law given in Bailing© i ted Codes ai vol. I, sections 2842 28< •. is omitted, as its repeal api>ears to have been intended by the pa ssi the law Of Man!: 7. 1899. 654 FOODS AND FOOD CONTROL. . If any valuable constituent of the article has been wholly or in part abstracted BO that the product when sold shall deceive or tend to deceive the purchaser. i 4th ). If it be an imitation of or sold under the specific name of any other article. ">ih i. If it be mixed, colored, coated, powdered or stained in a manner whereby damage or inferiority is concealed, so that such product when sold shall deceive or tend to deceive the purchaser. (6th). If it contains any added poisonous ingredients or any ingredients which may render such article injurious to the health of the persons consuming it. 7th). If it be misbranded, labeled or branded bo as to mislead or deceive the purchaser. 8th). If it consists of the whole or any part of a diseased, filthy, decomposed, or putrid animal or vegetable substance or any portion of any animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal or of any animal that has died otherwise than by slaughter: Provided, That an article of food which does not contain any added poisonous ingredient shall not be deemed to be adulterated in the following cases: First, in the case of mixtures or compounds which may l>e now or from time to time hereafter known as articles of food under coined oamee and not included under definition four of this section. Second, in the ca articles labeled, branded or tagged so as to plainly indicate that they are mixture-. compounds, combinations, imitations or blends: Provided, That the same shall be labeled, branded or tagged so as to show the character and constituents thereof. Third, when any article or ingredient has been added to foods because the same is required for the preparation or production thereof as an article of commerce, in a state tit for carriage, consumption, and not fraudulently to increase the bulk, weight or measure of the food, or conceal the inferiority thereof: Provided further, That no dealer shall be convicted under the provisions of this acl if he shall prove a written guaranty of purity in a form approved by the dairy and food commissioner: And provided further , That the guarantor is a resident of the state of Washington. Fourth, when food is inevitably mixed with some extraneous substance in the process of collection or preparation. • (4) Guaranty. The guaranty referred to in subdivision eight of section 3 herein, shall contain the full name and address of the person, firm or corporation making the .-ale to the dealer, and such person, firm or corporation shall be held liable to all CUtions, lines and other penalties which would attach to the dealer under the provisions of this act. (5) Seizure of Ulegcd products. Possession by any person, firm or corporation of any article of food, the sale of which is prohibited by this act, or being the consignee thereof, shall beprimafacu evidence that the same is kept or shipped to the said a, firm or corporation in violation of the provisions of this act, and the hairy and Pood < 'ommissioner is hereby authorized to seize upon and take into his pi sion such article- of food and thereupon apply to the Superior ( lourt of the ( lounty in whicb BUCh food i> seized for an order directing him to dispose of or sell the same and apply the proceeds to the general fund, Less the amount required to reimburse the purchaser for actual I--- a- shown by the bill, provided he or they have a guar- antee as required bisection I; Provided, however, That the said hairy and Food Com- missioner-shall first give notice to the person, linn or corporation in whose DOG such g found, or if the same are found in the possession of a common car- rier, then to the consignee of such f 1, notifying such person, firm or corporation that he has seized the said I Is and the reai >ns therefor, and that he ha- made an application to the Superior ( 'on it for an order to -ell or dispose of the .-anie. and that he will call up said application for hearing on a day certain, \\ bicb shall noi I i than ten days from the » ich notice, and thai at the hearing of said appli- cation tic .ii, firm or corporation shall .-how cause, if any they have, why WASHINGTON. 655 the prayer of the petition should not be granted. Upon the hearing of said petition the affidavits or oral testimony may be introduced to establish the contention of the respective parties. Hearing, however, may be had at an earlier day by mutual consent of the parties to said application. — As amended March 2, 1905, Laws of 1905, ch. 51, pp. 80-81. (6) Sampling. Every person selling, exhibiting or offering for sale, manufacturing or having in his possession with intent to sell or serve, or delivering to a purchaser, any article of food included in the provisions of this act, shall furnish to any ; demanding the same, who shall apply to him for the purpose and shall tender him the price at which the article of food is sold, a sample sufficient for the anal any such article of food which is in his possession. All food packages shall be marked, stenciled or branded on the package in a con- spicuous manner with the name of the purporting contents. — As amended March 2, 1905, Laws of 1905, ch. 51, pp. 81-82. Sec. 7. State food commissioner; salaries. The state dairy commissioner shall also be the state food commissioner and shall be known as the dairy and food commis- sioner, and he shall receive in addition to his salary as state dairy commissioner $600 per year as extra compensation for enforcing the provisions of this act. He shall also have power to appoint such deputies as may be necessary, and pay therefor not to exceed three dollars per day: Provided, however, That the aggregate services of all deputies employed by him shall not exceed the appropriation made therefor. Sec. B. ' hemist. It shall be the duty of the chemist of the state agricultural experiment station to analyze any and all substances that the dairy and food com- missioner may send to him, and report to the commissioner, without unnecessary delay, the result of any analysis so made and when called upon by the said commis- sioner, the chemist shall assist in the prosecution of violations of the law by giving testimony as an expert or otherwise. Sec. '.'. Prosecutions. It shall be the duty of the attorney general and the | cuting'attorney in any county in this state, when called upon by the dairy and food commissioner, to render any legal assistance in their power to execute the law and prosecute the case arising under the provisions of this act; Provided, That the dairy and food commissioner may employ special counsel. 8bc. 10. Inspection of hotels, institutions, etc The dairy and food commissioner or his deputies, -hall ha'.- power in the performance of their official duties to enter any restaurant, eating house, hotel, public conveyance, public or private hospitals, asylum, school, eleemosynary or penal institution, where foods are served, and take for analysis any article of food or ingredients which enter into the composition of the food there used. Any article- of food or ingredients which enter into the composi- tion of foods therein used and BO taken, if found to he adulterated, shall he prima fade evidence thai the same is kepi to be used or served to patrons, guests, ho or inmates of such institution, and the person, firm or corporation owning and oper- ating restaurant, said eating-house, hotel, public conveyance, publico! private hos- pital, asylum, school, eleemosynary or. penal institution, and having in his or its possession adulterated foods, shall he deemed to have such adulterated I trary n> the provisions of this act Sac. 11. Penalties. Every person, firm or corporation violating the provisions of this a« i "i- refusing to comply upon demand with any of the provisions thereof, shall he guilty of a misdemeanor, and upon conviction Bhall be fined not less than twenty- five dollars ($25) and not to exceed one hundred dollars $100 . or. in second be imprisoned nol Less thirty days a and qoI t<> exceed ninety da] both Buch tine and imprisonment Any person found guilty of Belling, offering for Bale, having in his possession with intent to sell or serve, or manufartur: i! Statutes. 656 FOODS AND FOOD CONTROL. any adulterated article of food under the provisions of this act, shall pay in addition to the penalties herein provided for. all necessary costs and expenses incurred in inspecting and analyzing such adulterated articles of food in addition to the costs of such action: Provided, That all penalties and costs for the violation of the provisions of this act shall be paid to the board of state dairy and food commission, or to their \ and by them paid into the state treasury and applied to the general fund. _ v board of dairy and food commission. The state hoard of dairy com- ae n ex officio shall be the state board of dairy and food commission and said board shall hereafter be known and described as the "state board of dairy and food commission." - . 13. Expenses. All expenses incurred under the provisions of this act shall be paid out of the general fund, and shall be audited by the state auditor upon bills being presented, appropriately certitied by the board of dairy and food commission, and the state auditor shall from time to time draw warrants upon the state treasury [treasurer] for the amounts audited. Bbc. 14. Report of coiiimissioner. The dairy and food commissioner shall publish each month a report of the work of his office, including the brand, name and address of manufacturer, analysis and fines of foods found to be adulterated. 15. Law repealed. An act entitled "An act to provide against the adultera- tion of food," approved March 13, 1S99, is hereby repealed. Approved March 16, 1901. Laws of 1901, ch. 94, p. 194; Ballinger's Annotated Codes and Statutes Supplement 1899-1903, pp. 313-317. 1. Addition of formaldehyde, etc., a felony; penalty. Any person who shall sell, offer to sell, or have in his possession for the purpose of sale, either as owner. proprietor, or assistant, or in any manner whatsoever, whether for hire or other- wise, any milk or any loud products, containing the chemical ingredient commonly known as formaldehyde, or in which any formaldehyde or other poisonous sub- Btance has been mixed, for the purpose of preservation or otherwise, shall be guilty of a felony, and upon conviction thereof shall be imprisoned in the penitentiary for the period of not less than 01 • IT nor more than thn MS. 2 E in, id. This act shall be supplementary to the laws of this -tale now in force prohibiting the adulteration of food and fraud in the sale thereof; and the state dairy and food commissioner, the chemist of the state agricultural ex- periment station, t. ueral and the prosecuting attorneys of the il counties of this slate are hereby required, without additional compensation, gist in the execution of this act, and in the prosecution of all persons charged with the violation thereof, in like manner and with like powers as they are now authorized and required by law to enforce the laws of this state against the adulter- ation of food and fraud in the sale thereof. »ved March 2, 1906. U 15, ch. 60, pp. 7 BREAD/ ! !' *Js<)">j. Sanitation of bakeries; penalties. Ail buildings or rooms occupied as biscuit, bread or cake bakeries .-hall be drained or plumbed in a manner conducive to the proper healthful and sanitary condition thereof, and constructed with air shafts and window.- or ventilating pip< s sufficient to insure ventilation as the commissioner of labor shall direct, and no cellar or basement, not now used as a bakery, shall here- after be used and occupied SS B bakery and a cellar or basement heretofore occupied as a bakery shall, when one- closed, not be reopened for '^•- as a bakery. * * * ry room used for the manufacture of flour or meal food shall beat least eight feet in height, the side walls of such room shall be plastered or wainscoted, the ceil- WASHINGTON. ing plastered or ceiled with lumber or metal, and it required by the commissioner of labor, shall be whitewashed at least once in three months; the furniture and utensils of such room shall be so arranged as to be easily moved in order that the furniture and floor may at all times be kept in proper healthful sanitary condition. The manufactured flour or meal food products shall be kept in perfectly dry and airy rooms, so arranged that the floors, shelves and all other facii: storing the same can be easily and perfectly cleaned. The sleeping places for persons employed in a bakery shall be kept separate from the room or rooms where flour or meal food products are manufactured or stored. After an inspection of a bakery has been made by the commissioner of labor and it is found to conform to the provisions of this act, said commissioner shall issue a certificate to the owner or operator of such bakery, that it is conducted in compli- ance with all the provisions of this act, but where orders are issued by said commis- sioner to improve the condition of a bakery, no such certificate shall be issued until such order and the provisions of this act have been complied with. The owner, agent or lessee of any property affected by the provisions of this act, shall, within thirty days after the service of notice upon him, of an order issued by the commissioner of labor requiring any alterations to be made in or upon each premises, comply therewith, or cease to use or allow the use of such premis. bake shop; such notice shall be in writing and may be served upon such owner. agent, or lessee, either personally or by mail, and a notice by registered letter, post- age prepaid, mailed to the last known address of such owner, agent, or lessee shall be deemed sufficient for the purposes of this act# * * * Any person who violates the provisions of this act or refuses to comply with the requirements of the commissioner of labor, as provided herein, shall be guilty of a misdemeanor, and on conviction thereof before any court of competent jurisdiction, shall be fined not less than twenty-five nor more than fifty dollars or imprisoned not more than ten days for the first offense; and shall be fined not less than fifty nor more than one hundred dollars and imprisoned not less than ten nor more than thirty days for each offense after the first Ballinger's Annotated Codes and Statutes, Supplement 1899-1903, pp. 317-318. Shc. 1. Unlawful to add poison* to bread, etc It shall be unlawful for any person to Bell, offer for sale, use, distribute, or leave in any place, any crackers, biscuit, bread or any other preparation resembling or in similitude, of any edible product, contain- ing arsenic, strychnine or any other poison. 2. Penalty. Any person violating the provisions of this act shall upon con- viction be punished by a line of not less than ten $10.00 dollars nor more than live hundred dollars ($500.0 Approved March 9, L905. Law- of L906, ch. 141, p. \ DAIRY PRODI l 2842. I I Tmpun or adulterated milk. It shall be unlawful for any person to sell or offer for sale, or furnish or deliver t«> any creamery, cheese factory, corporation, per- son <>r persons w batsoever, as pure, wholesome and unskimmed, any unmerchantable, adulterated, skimmed, impure or unwholesome milk. 2s4:{. (2) Impure or adulterated milk defined. In all prosecution- or other proceed- ings under this or any other law of this state, relating to the Bale or furnishing milk, if it shall be proven that the milk sold or offered for sale, or furnished <>r delivered or had in possession with intent to sell or offer for sale, or to furnish or deliver, as aforesaid, as pure, wholesome or unskimmed milk, contain Less than three per centum of pure batter fat, or less than eight per centum of milk solids other than fat, when subject to chemical analysis or other satisfactori U -■ 658 FOODS AND FOOD CONTKOL. that it, or any part of it, was drawn from cows known by the person complained of, to have been within fifteen days before or four days after parturition, or to have any disease or ulcere, or other running sores, then and in either case, the said milk shall be held and judged to be unmerchantable, adulterated, impure, or unwholesome, as the case may be, and if it shall appear that cows kept for the pro- duction of milk, or cream, for market or for sale or exchange, or for manufacturing their milk into articles of food, are kept in a crowded or unhealthy condition, or are being fed on distillery waste or other substance in a state of putrefaction or rotten- ar upon any substance of an unhealthful nature, the milk or cream from same ie hereby declared impure and unwholesome. Any milk or cream from the same that has been exposed to or contaminated by emanations, discharges or exhalations from persons or animals, or to which has been added any borax, boracic acid, saly- cillic" acid, or any other poisonous substance which prevents or tends to prevent the normal bacterial actions of milk, is hereby declared to be impure and unwholesome. 2S44-. (3) Cheese brands. The Washington state dairy commissioner is hereby authorized and directed to procure and issue to the cheese manufacturers of the state, and under any regulations as to the custody and use thereof as he may prescribe, a uniform stencil brand bearing a suitable device or motto and the words " AVashing- ton State Full Cream Cheese." Every brand issued shall be used on the outside of the cheese, and shall have a different number for each separate manufactory, and the commissioner shall keep a book in which shall be registered the name, Location and number of each manufactory using the said brand, and the name or names of tin- persons at each manufactory authorized to use the same. It shall he unlawful to use or permit such stencil brand to be used upon any other than full cream cheese or packages containing the same, and such cheese only a-: shall contain thirty per cen- tum of pure butter fat and have been manufactured from pure and wholesome milk, from which no portion of the butter fat shall have been removed by skimming or by other process, and in the manufacture of which neither butter nor any substance for butter, or any animal or vegetable fats or oils, have been used, or any fat which has been extracted from milk in any form and returned for the purpose of filling said cheese, shall be stamped with the "state brand." All cheese containing less than thirty per centum of pure butter fat shall be marked "skimmed cheese" in full-face capital letters not less than one inch high, with such ink as is not easily removed by moisture. The manufacture or sale of any cheese containing less than fifteen per centum of pure butter fat, or so-called "tilled cheese," is hereby prohibited: Pro- vided, Thai nothing in this section shall be construed to apply t" Edam, Brickstein, Pineapple, [imburger, Swiss or hand-made cheese, or an; other fancy cheese: Pro- vided further, Thai cheese nol made in this state, but which shall besold or offered for -ale in this state, shall be BQ Stamped as to indicate its t rue character: And pro- i uh ,i furih* r, Thai do cheese shall be stamped " full cream " w lii.h does not in every particular comply with the requirements of " Washington full cream" cheese, as hereinbefore Bel forth, except as to place of manufacture. Mhi. in Reports from creameries, cheese factories, etc. The dairy commissioner shall furnish blanks to ail proprietors or managers of creameries, cheese factories, or milk dairies that ship milk and all the vendors and peddlers of milk within the ior the purpose of makings report of the amount of milk and dairy goods handled, and all <>w tiers <-r managers of such creameries and cheese factories, and all milk dairies, milk vendors Or milk peddlers, shall till out the blank, giving a full and accurate repoii of the business done during the year, and send it to the dairy com- missioner before the firsl day of November of each j ear, every person or corporation who shall engage in the business of purchasing or dealing in milk shall attach in a permanenl manner to each can furnished by him or it to the producer a tag contain- "So in Statute-. WASHINGTON. 6 5 9 ing in plain figures a correct statement of the capacity thereof. Any neglect or failure or false statement on the part of any proprietor or manager of such creamery, cheese factory, dairy or milk vendor or milk peddler, shall be considered a mi-de- meanor, and upon conviction thereof shall be punished by a fine as provided i tion 13: Provided, That any information thus furnished shall be published only in such forms as to show totals and averages, and not the details of the business of any individual or concern. 2846. (5) Regulating use of imitation butters. No person, by himself, his agents or his servants, shall render or manufacture, sell, offer for sale, expose for sale, or have in his possession with intent to sell or serve for patrons, guests, boarders or inmates of any hotel, eating house, restaurant, public conveyance or boarding house or public or private hospital, asylum, school or eleemosynary or penal institution, any article, product or compound made wholly or partly out of any fat, oil or oleag- inous substance or compound thereof, not produced directly and wholly at the time of manufacture from unadulterated milk or the cream from the same, with or with- out harmless coloring matter, which shall be in imitation of yellow butter produced from pure, unadulterated milk or the cream from the same: Provided, That nothing in this act shall be construed to prohibit the manufacture and sale of oleomargarine in a separate and distinct form, and in such manner as will advise the consumer of its real character, free from coloration or ingredient that causes it to resemble butter. or the use of the same by patrons, guests, boarders or inmates of any fcotel, eating house, restaurant, public conveyance or boarding house, when signs are displayed in a conspicuous place that may be easily read from any part of the room. *2s47. (<> ) Pure cheese. It shall be unlawful for any person to sell, or offer for sale or exchange, or have in his possession for sale, any cheese containing any substance except salt, rennet and harmless coloring matter, other than that produced from pure milk or cream, or both, or from pure skimmed or pure half-skimmed milk. 'Js-iS. (~) Dairy commissioner. There shall be appointed by the governor, by and with the consent and advice of the senate, one competent person who shall be denominated the dairy commissioner, whose term of office shall continue four years from and after the first Monday in April after his appointment, subject to removal for cause by the governor, or until his successor be appointed and qualified. 2s-h>. (8) ( 'omm'issioni r'a ho, id. Before entering upon his duties said dairy com- >ner shall file with the secretary of siatc a good and sufficient bond in the sum of five thousand dollars ($5,000) conditioned for the faithful discharge of his duties under this act. 2s.")(). (9) Appointment of deputies. Said dairy commissioner may appoint one or more deputies whenever he is unable to perform all the duties of his office with- out assistance. They shall hold office at the pleasure of the dairy commissioner who may summarily remove any such deputy whenever in his judgment the public service calls for Buch removal.— •wla amended March 6 y t906. Lous of 1906, ch. '.<:, p. 196. 2851. (10) Duties of commissioner. It shall be the duty of the dairy commissioner to devote his entire time and attention to the daiiy interest of the state of Washing- ton, to enforce all law- that QOW exist or that may he hereafter enacted in this state ding the production, manufacture or Bale of dairy produce, and personally to inspect any articles of milk, butter, cheese, or imitation- thereof, made or offered tie within the Btate, which he may Buspect or have reason to believe to be impure, unhealthful, adulterated or counterfeit; and to prosecute or cause to be prose- cuted any person or persons, firm or firms, corporation or corporations engaged in the manufacture or sale of any adulterated or counterfeit dairy product- contrarj to law. 2852. Mi Analyses, tt shall be the daty of the chemist of any state institution to tly analyze, wit lent extra compensation, and w iihout other charge to the .-tat e L8622— No. 89, pt B 06 4 660 FOODS AND FOOD OONTKOl! than necessary traveling expenses, any and all substances that the dairy commis- sioner may Bend to any of them and to report to him without unnecessary delay the of any analysis so made, and when called upon by said dairy commissioner, any such chemist shall assist him in prosecuting violators of the law, by giving testi- mony, either expert or otherwise. -*~)2&. (12) Inspection and sampling. The dairy commissioner or his deputies shall have power, in the performance of their official duties, to enter any creamery, cheese or condensed milk factory, store, salesroom, warehouse, or any place or building where he has reason to believe that any dairy products or imitations of dairy prodncts are kept, made, prepared, sold, or offered for sale or exchange; and D any cask, tub, package or receptacle of any kind, containing or supposed to contain any such article, and to examine or cause to be examined and analyzed, the contents thereof; he may seize or take any such article for analysis: Provided, That if the person from whom such sample is taken shall request him to do bo, he shall at the same time and in the presence of the person from whom such property was taken, seal up two samples of the articles seized or taken, one of which shall be for examination or analysis under the direction of said commissioner, and the other of which shall be delivered to the person from whom the article i< taken. 2855. (13) Penalties for violating /""■ or obstructing enforcement. Any person who shall violate any of the provisions of this act, or who shall obstruct the dairy com- missioner in the performance of his duties under this act by refusing him entrance to any place enumerated in the preceding section, or by refusing to deliver to him any dairy products or imitations thereof upon demand, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a tine of not Less than twenty-five dollars ($25), nor more than one hundred dollars ($100), or by imprisonment for not less than one month or more than six (6) months, or by both such fine and imprisonment. 2857. (14) Salary of commissioner. The dairy commissioner shall receive an annual Salary of twelve hundred dollars ($1,200) and his necessary expenses in the discharge of his duties under this act: Provided, That such expenses -hall not ea one thousand dollars ($1,000). 2858. (15) Prosecutions. It shall be the duty of the attorney general or the prose- cuting attorney in any county of the state, when called upon by the dairy commis- sioner, to render any Legal assistance in their power to execute the laws and to prose- cute cases arising under the provision- of this act: Provided, That the dairy commis- sioner may employ special counsel when necessary. 2859. i L6) State board of dairy commissioners. The secretary of state, the professor of agriculture of the agricultural college and the dairy commissioner are hereby created a state hoard of dairy commissioners i i officio. 2860. i 17) Expenses of board. The state board of dairy commissioners shall receive no compensation for their services as such hoard, hut shall he allowed necessary traveling expenses. All accounts for expenditure incurred or made pursuant to the provisions of this ad shall he approved and certified by said state hoard of dairy commissioners before presentation to the state auditor. 2861. 18 Report. The state board of dairy commissioners shall biennially, on December first, report to the governor of this Btate a full account of their actions under this act: also the operations and results of this and any other Laws pertaining to the dairy industry of the state; a full account of all expenses and disbursements of the hoard; as full and complete statistics as it is in their power to collect pertain- ing to manufacture, imports and exports of dairy products within the state for die biennial term; and -hall make suggestions as to the need of further Legislation on this subject l's(;i>. (19) Auditing oft 111 expenses incurred under the provisions of this act shall be audited by the state auditor upon hills being presented, properly WASHINGTON. 661 certified by the board of dairy commissioners, and the said auditor shall, from time to time, draw warrants upon the state treasurer for the amounts thus audited. 2862a. (20) Appropriation. ^ To carry out the provisions of this act. th< hereby appropriated out of the general fund of the state for the term beginning April 1, 1899, six thousand dollars (st>,000). 2863. (21) Disposition of fines. One-half of all lines collected under the provis- ions of this act shall be paid to the state treasurer and placed to the credit of the general fund and the remainder to be paid forthwith into the treasury of the county in which the conviction is obtained. 2864. (22) Penalty for refusing aid. All clerks, bookkeepers, express agents, rail- road officials, employes, or employes of common carriers shall render to the dairy commissioner and his deputies all the assistance in their power in tracing, finding, i r discovering the presence of any article named in this act. Any refusal or neglecl on the part of such clerks, bookkeepers, express agents, railroad officials, emploj employes of common carriers to render Buch friendly aid, shall be a misdemeanor, punishable by fine of not less than twenty-five ($25) nor more than one hundred dollars ($100), or by imprisonment for not less than one month or more than six months, or by both such fine and imprisonment for each and every offense. 2s(».'>. (23) Standard cream; penalty. No person shall sell or offer for sale any cream taken from impure or diseased milk, or any cream that contains less than eighteen per centum of pure butter fat. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by fine of not less than twenty-five dollars ($25) aor more than one hundred dollars ($100), or by imprisonment for not less than one (1) month nor more than six (6) months, or-by both such line and imprisonment. 2865a. (24) Licenses for milk wagons; penalty. Every person who conveys milk in carriages, carts or other vehicle for the purpose of selling the same in any city or town -in the state of Washington, shall annually on the ti r>t day of June, or within thirty (30) days thereafter, procure from the state dairy commissioner a license to sell milk within the limits of said city or town, and shall pay to the said dairy com- missioner the sum of one dollar i si i for each carriage, cart or other vehicle to be used as provided for in section Lit. Licenses shall be issued only in the names of the owner- of carriages, carts and other vehicles ami shall, for the purpose of this act, be conclusive evidence of ownership. No license shall be Bold, assigned or trans- ferred; each license shall contain the name, residence, place of business, Dumber of carriages, carts or other vehicle- used, and the number of the license. Each license " shall, before engaging in the Bale of milk, cause his name, the number of the license and his place Of bUBineSS to be legibly placed on each outer side of all carriage-, carts or other vehicles used by him in the conveyance or sale of milk. Whoever, without being first licensed under the provisions of this section, sells milk or exposes it for sale from carriages, carts or other vehicles, or has the same In his custody or p sion with intent to sell, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a tine of not less than twenty-live dollars r each offense, nor more than one hundred dollars by imprisonment for not less than one mouth or more than six months or by both such line and imprisonment: Provided, That nothing in this section shall apply to persons handling or using the milk from not more than two COW s. '■< .it 7/ in ilk ; penalty. Every person before selling milk or offering i f for Bale In a Btore, booth, stand or market place in any town or city, -hall procure a license from the state dairy commissioner and -hall pay to -aid commissioner the sum of one dollar ($] i yearly, within thirty days after June I. Any person who neglects to procure such license -hall be deemed guilty of a misdemeanor, and upon □ Statutes. 662 FOODS AND FOOD CONTROL. conviction shall be punished for each offense by a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) for each and every offense or by imprisonment for not less than one month or more than six months or by both such fine and imprisonment. 2865b. (26) Shimmed milk must be labeled; penally. ~So person shall sell or expose for sale in any store or place of business or in any wagon or other vehicle used in the transportation or sale of milk from which cream has been removed or milk com- monly called "skimmed milk" without first marking the can or package containing said milk with the words "skimmed milk" in large plain black letters, each Letter being at least one inch high and one-half inch wide, said words to be on the side not below the middle of said can or package, where they can be easily seen. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) for each and every offense, or by impris- onment for not less than one month or more than six months or by both such line and imprisonment. 2865c. (27) Disposition of license fees, etc. That all moneys received for licenses or from the sale of any and all goods confiscated by the dairy commissioner under this act shall be received by said commissioner and deposited the first of every month with the state treasurer, to be placed in the general fund. 2865d. (28) Seizure of adulterated provisions. Possession by any person or firm of an article or substance the sale of which is prohibited by this act shall be considered prima facia evidence that the same is kept by such person or firm in violation of the provisions of this act, and the commissioner shall be authorized to seize upOD and take posession of such articles or substances, and upon the order of any court which has jurisdiction thereof, he shall sell the same for any purpose other than to be used for food, the proceeds to be paid to the state treasurer and placed to the credit of the general fund. 2865c. (29) Butter brands; penalty. The state dairy commissioner is hereby authorized and directed to procure and issue to the manufacturers of creamery butter of the state and under such regulations as to the custody and use thereof as he may prescribe a uniform brand bearing a suitable device or motto, and the words "Wash- ington Creamery Butter." Every brand Issued shall be used on the wrapper of each package and also on the outside of every package used by him, and shall contain a differenl number for each separate manufactory, and the commissioner shall keep a hook in which .-hall be registered the name, location and number of each manu- facturer using the said brand. It shall he unlawful to use or permit such brand to be used upon any other than Washington creamery butter or packages containing the same. Any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction .thereof shall be fined for each offense not Less than twenty-five dollars ( $25 > nor more than one hundred dollars ($100) or by imprisonment for tiol less than one month or more than >i\ months, or by both such line and imprisonment. 2865f. 80 Renovated butter must i» so labeled; penalty. No person, firm or cor- poral ion shall manufacture, Bell or offer for sale or have in his possession with intent to sell butter known as process butter, unless the package in which the butter is sold has marked on the side of it the word- "renovated butter" in capital letters one inch high and one-half inch wide with ink which is not easily removed: l'r<>- vided, That it shall be unlawful for any retailer- to sell said butter and unless a card played on the package from which he is selling butter with the following words printed there. hi bo that it may be easily read by the purchaser •■renovated butter," or if it is sold in packages on which a w rapper is used the words "renovated butter" shall be plainly printed on each and every wrapper: Provided further, That all pro- ■ utter shipped from other states shall be subject to the same regulations as WASHINGTON. 663 provided in this section. Whoever violates the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined for each and every offense not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) or by imprisonment for not less than one month or more than six- months, or by both such fine and imprisonment. (31) Repeal. All acts and parts of acts in conflict with the provisions of this act are hereby repealed. (32) Emergency. An emergency exists, and this act shall take effect immedi- ately. — Sees. 1-32 approved March 7, 1899. Session Lavs, 1899, ch. 45, p. 56. Sec. 33. Cancellation of brands. The Commissioner is hereby authorized and directed to cancel all State brands issued to creameries where the butter manufac- tured does not scoreninety a points. — Added March 6, 1905, Laws of 1905, ch. 92, p. 197. Sec. 34. Butter score. The Commissioner or Instructor shall have the power to score the butter and the score made by them shall be final. — Added March 6, 1905, Laws of 1905, ch. 92, p. 197. ■ Sbc. 35. Care of dairy products. It shall be the duty of the Commissioner or Instructor to give instructions in the care of milk and cream, and in the manufacture of butter and cheese. — Added March 6, 1905, Laws of 1905, ch. ui, p. 197. Bb . 36. Inspection of barns and factories. It shall be the duty of the Commissioner or Instructor to inspect dairy barns, butter and cheese factories and condensories, and he shall have the power to condemn the same where the sanitary conditions are not conducive to a high quality of milk and cream, and to the manufacture of a high grade of butter. He may conduct the test of any creamery where he lias reason to believe that, the cream or milk is not tested accurately and shall condemn milk or cream arriving on the market at a temperature above seventy degrees Fahrenheit or that which is too old or in such condition as to be detrimental to the production of high grade goods.— 'Added March 6, 1905, Laws of 1905, ch. 92, p. 197. 37. Inspection of apparatus. All apparatus used for the purpose of testing milk or cream furnished to any creamery Bhall be Inspected and tested by the Dairy Commissioner, or his deputies, and any found to be faulty or defective, to be replaced through the Dairy Commissioner at cost to the user. — Added March 6, 1905, Laws of 1905, ch. 92, p. 197. 8ec. 38. Unlawful manipulation of Babcock test, etc. It shall be unlawful for the owner, manufacturer, agenl or any employe of a butter or cheese factory or conden- sory to under <>r overread the Babcock test, or to manipulate for the purpo deception any other contrivance used for detennining the quality or value of milk or cream. Added Match 6, 1906, Laws of 1906 % eh. 92, />. 197. :;d. StaU dairy instructor; salary. The Commissioner shall appoint one of his deputies who shall be known as State Dairy Instructor. He shall be a graduate of a recognized dairy school or shall bave completed a course in dairying in a college w here Mich instruction ifl given; he shall receive as compensation for his service-; one hundred dollars ($100.00) per month. — Added March 6, 1905, Laws of 1905, ch. 92, p. 198. Sec. id. Penalties. Any person who shall violate any of the provisions of this act or who shall obstruct the Commissioner or Instructor in the performance of their duties under this act, by refusing him entrance to any place enumerated in the pre- ceding Elections, or by refusing to deliver to him any dairy products or imitations thereof upon demand, Bhall he deemed guilty of a misdemeanor, and upon convic- tion thereof -hall he punished by a tine of not Less than twenty-five dollar- nor more than one hundred dollar- or by imprisonment for not leas than one month or more than six months, or by both such tine and imprisonment .{/ 1906, ch. 92, />. 198. •i Statutes. 664 POODS AXD FOOD CONTROL. 41. Appropriations. To carry out the provisions of this act there is hereby appropriated out of the general hind, not otherwise appropriated the sum of two thousand dollars ($2,000.00) .—Added March 6, I i of 1905, eh. 92, p. 198. 2865g. Milk cam to be marked with their liquid capacity. That all milk cans or other - used for the shipping, salt- or dispensing of milk >hall have their liquid capacity United states standard, measured and plainly sealed or stamped thereon by any county auditor, as ex-officio county sealer, or any of his deputies, in the manner already provided for the sealing of weights and measures. 2865h. Penalty for using unstamped cans. That any individual or corporation own- ing and using milk cans or other vessels or shipping, selling or -dispensing of milk by measurement for a consideration in a can or vessel that has not been officially sealed and its liquid capacity plainly stamped thereon, shall be subject to a tine of live dollar.- for every offense, and the forfeiture of all unsealed milk cans or vessels found in his or its possession. That any county sealer shall charge a fee of ten cents for each milk can or vessel BO -tamped or sealed. Ballinger's Annotated Codes and Statutes, Supplement 1899-1903, pp. 305-313. FISH. :>:>42c. * * * License to dealers in fish; fee. Every person, firm or corporation engaged in the business of buying and selling, packing and preserving or otherwise dealing in trout or other food fish obtained from private hatcheries of this state, shall procure a license for such business from the fish commissioner of the state and shall pay an annual license fee of $2.50. 335 If. License to salmon dealers other than tanners; fees. Every person, firm or cor- poration engaged in the business of buying and selling, packing and preserving or otherwise dealing in salmon other than canners thereof , shall pay as a license the -urn of thirty cents per ton gT086 weight or in the round of said tishes bought and sold, packed or preserved or otherwise dealt in: Provided, No person engaged in the busi- tforesaid shall pay Less than two dollars and fifty cents per annum. It shall be the duty of each person, firm or corporation affected by the provisions of this section to render to the fish commissioner of the state of Washington, on or before the tenth day of each month, on blanks to be furnished by the said fish commissioner, a detailed Btatemenl Bhowing gross amount of fresh fish in the round bought and sold, packed and preserved or otherwise dealt in during the preceding month, and each person shall pay to the said commissioner the amount due under the provisions hereof, on or before the tenth day <>f each month, and a Eailuae or neglect to do so shall constitute a misdemeanor, and upon conviction thereof the offender may be punished as hereinafter provided. :{:{.">lu. License to salmon conn* rs; fees. Every person, firm or corporation engaged in caiining salmon shall procure a License before commencing the season's packing, a- follow - For each cannery packing less than 10,000 cases per annum $100.00 ach cannery packing from 10,000 to 15,000 cases per annum L50. 00 For each cannery packing from 15,000 to 20,000 cases per annum 200.00 For each cannerj packing from 20,000 to 26,000 cases per annum 250.00 lot- each cannery packing from 25,000 to 30,000 cases per annum .sou. on ach cannery packing from 30,000 to 10,000 cases per annum 400. 00 each cannery packing from 10,000 to 50,000 cases per annum 600.00 ach cannery packing from 50,000 t" 60,000 cases per annum 800. oo ach Cannery parking from 60,000 to 70,000 cases per annum ' Too. on ach cannery packing from 70,000 to 80,000 cases per annum • 800.00 For each cannery packing from 80,000 to 90,000 cases per annum 900. 00 ach canners packing from &0,000 to 100,000 cases per annum 1,000.00 . WASHINGTON. 665 33511i. Basis of a license fee. Rates on all canneries to be based upon pack of each preceding year. New canneries shall pay a license of $250 until their pack is defi- nitely known. 3357. Definition of word " salmon." Whenever the term salmon is used in this act it shall be construed to include and apply to chinook, steelhead, blueback, silver- side, and all other species of salmon. 3359. Report* of fish taken. It shall be the duty of all persons who purchase salmon or food fishes from fishermen or takers or catchers of salmon, or other food fishes, for the purpose of selling or canning them or the product of the same for profit, to report to the fish commissioner on blanks furnished by him, on or before the fifteenth day of November of each year hereafter, the number of each spe< fish, stated separately, so purchased by them, or if purchased by weight, the number of pounds of each species, and the average price per pound; such statement or report shall be made under oath. 3360. Commissioner may administer oaths. The fish commissioner is hereby authorized to administer oaths, and may require any statement made to him in application for license, or in any report submitted to him, or in any matter connected with the discharge of his official business, to be made to him under oath. 3301. Definitions. The term "person or persons," when used in this act, shall be taken to include partnerships, associations and corporations. The term "seine" in this act, is intended to cover all forms of nets known as seines, purse seines or purse nets, trawls, beam trawls, stow nets, draw nets, bag nets, drag nets, Mrift nets, reef nets and dredge nets. 3361a. Reports confidential; penalty for publishing. All reports showing the status of the business of any person required under the provisions of this act to report to the fish commissioner, shall be treated by said commissioner as confidential and shall not be open to public inspection, nor shall they be published in any way by the com- missioner <>r communicated with any person unless their publication shall be neces- sary in some civil or criminal proceeding against said person or persons for the pur- pose of enforcing the provisions of this act: Provided, That the fish commissioner may utilize any and all statistics furnished him in any annual, biennial or other report made by him where the use of said statistics or information will not disclose to the public the condition of business of any person: And provided further. That if the fish commissioner or anyone in his employ shall willfully publish the said infor- mation orstatistics disclosing the condition of business of any individual in violation of this section, he shall be guilty of a misdemeanor and shall be punished by a tine of any amount not exceeding one thousand dollars. 8361b. Penalties for violation. Any person violating any of the provisions of this act, whether or not such violation is otherwise specifically declared to he a misde- meanor, either by neglecting to observe the requirements of this acl or violating any of the provision^ thereof, shall be deemed guilty of a misdemeanor, and shall upon conviction therefor for each and every offense, be subject to a tine of not lead than ten dollars nor more than two hundred and fifty dollar-. 8361c. Repeal, All acts and parts of act- in conflict with the provisions of this act are hereby repealed: Provided, That all licensee now existing under the laws heretofore in force shall be continued for the time Buch Licensee may have t" run or for the unexpired portion thereof, the same as ii this ad had not taken effect, and such licensee shall be renewed upon application upon the payment of the lioensi as provided by this act. An emergency exists, and this ad shall he in effect immediately. Approved March 1:'.. L899, Bollinger's Annotated C Supplement 1899-1903, pp. 372-381. 6<56 FOODS AND FOOD CONTROL. RULES AND REGULATIONS. The term "mis-branded" may be defined as follows: An article shall be consid- ered mis-branded if there is a false statement printed upon the label. The brand or label on every article of food shall be printed in English, except where t lie foods are manufactured in a country not speaking the English language. All mixtures, compounds, combinations, limitations, or blende shall he labeled, branded or tagged so a- to plainly indicate that they are mixtures, compound-, binations, imitations or blends, and the character and constituents thereof shall be plainly printed on the label. Third, a coin name is defined as a word to designate any mixture, compound, com- bination or blend used as an article of food, which is, or has been, in addition to the vocabulary of the English language. All drinks containing less than two per cent, alcohol, soda water syrups and fruit syrups, shall not contain any saccharine, salicylic, benzoic or boric acid. All soda fountain syrups and fruit syrups, if artificial, sha-11 have the word "artificial" printed on the label of the package, in the same size, style and color of Letter and background as the name of the article. All soda fountains, or places when drinks are sold or served shall have printed on a placard the words " Artificial Prinks'" and hung in front of the fountain, or in a conspicuous place. The use of coal tar dyes in coloring food products is prohibited. Saccharine cannot be used in food products. All eating houses, hotels, restaurants, etc., shall be subject to the same rules and regulations as provided for dealers of food products. Refilling bottles, cans or dishes of any description with a different product than they contained originally, without removing the label, will be considered a violation of the law. Saving on the table will be an evidence of serving. All compound bulk goods shall be put up in packages which will show that they are compounds, with a statement of the character and constituents printed thereon. The use of salicylic acid as a preservative is prohibited. All decomposed, putrid, infected or rotten animal, vegetable or fruit Bubstance, and artiHes, whether manufactured or not, cannot be sold without violating the law. Baking powders. Baking powders can be sold without formula, but if labeled "Cream of Tartar" "Phosphate Powder" etc., shall state the character and con- stituents thereof , and shall contain no ingredients injurious to health. Buckwheat flour, if labeled "Buckwheat Flour," shall be true to name. It can be mixed with a substance not injurious to health it" sold as "Buckwheat Flour Com- pound," with the character and constituents printed on the label. Buckwheat flour containing no other substance hut for leavening and seasoning purposes may he sold if labeled "Self Rising Buckwheal Flour." Butter. It must be made exclusively of milk and cream. It may he colored with coloring matter not injurious to health. Every creamery shall secure a state brand from the commissioner. It shall he unlawful to use such brand upon any other than Washington creamery butter, or packages containing the same. Process butter in tubs or cases shall be marked "Renovated Butter" in capital letters one inch high and one half inch wide, with ink which is not easily removed. Every print shall have on it a u rapper containing the words "Renovated Butter' 1 printed thereon bo that it mayeasil} be ''cad by the purchaser, and every tub from which it is sold -hall have on it a card on which are the WOrdc "Renovated I'.ntter" so that it may be read from any part of the room. All butter shipped into the state from other states b subject to the -ami- rules and r<"_ r nlati<.n-. Candy must not contain terra alba, barytes, talc or other earthy or mineral sub- stances ( >i' any colors, flavors or ingredients injurious to health. WASHINGTON. 667 Catsup shall contain no ingredient injurious to health. Tomato catsup shall be the product of the tomato. ( /'/>/. sv shall be made exclusively of milk or cream. Every cheese factory is required to secure from the commissioner the state brand. The brand shall be used on the outside of the cheese and shall have a different number for each separate manufac- tory. The said brand shall not be used on any other but full cream cheese, contain- ing not less than 30 per cent, of butter fat. All cheese containing less than 30 per cent, of butter fat shall be marked "Skimmed Cheese" in full faced capital letters not less than one inch high and one-half inch wide. The manufacture and sale of any cheese containing less than 15 per cent, of butter fat or filled cheese is prohibited. Coffee if sold as such shall be. true to name. It maybe mixed with chicory or other substances not injurious to health, if marked so as to plainly indicate that it is a compound, with the character and constituents thereof printed on the label or package. Coffee substitutes. Mixtures of cereals or other articles sold as a eul >stitute f< >r coffee shall be sold as a mixture or compound under an original or coin name. Chocolate and cocoas if containing no other than cocoa mass, sugar and flavoring, will not be classed as an adulteration. Cream of tartar shall be pure and true to name. If compounded with any other article the character and the constituents of the compound shall be stated on the package. Extracts. Vanilla shall be made from the vanilla bean. Extracts made of more than one principle shall be labeled with the name of each principle or with the name of the inferior or adulterant. For example, an extract made from vanilla and tonka shall be labeled "Extract of Vanilla and Tonka" or "Extract of Tonka.*' In all cases it is understood that when an extract is labeled with more than one name the type used is to be similar in size, and thename of any one of the articles shall not be given greater prominence than the other. Extracts that are not made from the fruit, berry or bean and are made artificially, such as raspberry, strawberry, pine- apple or banana, shall be labeled "Artificial Flavor." Farinaceous goods shall be true to name. Barley, hominy, cracked or rolled wheat or oats, tapioca and like articles shall be pure and unadulterated. If mixed or com- pounded with other articles shall be sold as a mixture or compound and not under the name of any ingredient contained therein. The compound shall show the char- acter and constituents thereof. Honey shall be pure. If mixed with glucose, cane sugar, or other substances shall be labeled so as to show that it is a compound, with the names of the constituents printed on the package. .AZ/'/shall be true to name. Imitation fruit jellies, butters or other similar com- pounds, made or composed in whole or in part of glucose, dextrine, starch or other substances may be sold if uncolored and are distinctly labeled "Imitation Fruit, .Icily or Butter' 1 with the character and constituents printed on the label or package. Lard shall be true to name. . Imitation lard in the manufacturers' packages shall be distinctly branded or labeled BO as to BUOW that it is a compound. The character and constituent- of the compound shall be printed on the label. This also applies to small quantities when put up for immediate d« liverj . MapU sugar of 1 pel- cent, ash or mineral matter, the same being the material from which said vinegar is manufactured. All vinegars made w holly or in pari from distilled Liquor shall he branded "Distilled Vinegar," and shall he free from artificial coloring matter. Only vinegar made from pure apple juice, free from foreign substances, products or acids, ami containing not less than I, per cent, of cider solids, may he -..Id as apple, orchard or cider vinegar. Peas and pickles colored with copperas will be considered a violation of the law. These rulings musl not he considered as law, hut as an interpretation ><\ the law by the Commissioner. The law is also published so that you may use your judg- ment a- to it- meaning. In case of -nit the law ami not my rulings will he consid- ered by the court. WHOLESALERS' \M» MANUFACTURERS' I i \K\vrv. ( Blank & Blank ), the undersigned, wholesalers (or manufacturer- |, Ln consideration of (Jones cc Brown, Blank, Wash.), retail merchants, purchasing food from us, hereby guarantee that all f I sold to them shall he gucn as is permitted to he used by that certain act oi' the Legislature of the state ol Washington, entitled " in act to provide against adulteration of food and fraud in the sale thereof; creating a state Board of rood < Commissioners, defining their duties, ami providing for an officer to be known as the State 1 toiry and Pood < ommissioner; providing for the enforcement WASHINGTON. 669 of the law and fixing a penalty for the violation thereof, and making an appropria- tion, declaring an emergency, repealing 'An act to provide against the adulteration of food,' approved March 13, 1899," which said act was approved March 16, 1901, This guaranty to remain in force until revoked in writing. Blank & Blank, , Wash., Wholesalers (or Manufacture Dated at this day of , 190— Note. — This guaranty will not be accepted when signed by an agent who has no authority to make such an agreement. The state has made no provision for printing the guaranties required by law, Real- izing the importance of having a regular form and also a place where the guaranties may be secured I have had printed at my own expense 3,000 copies of the guaranty, which will be furnished to dealers at the following rates: 2 cents apiece, 10 for 25 cents, 25 for 50 cents, 100 for $1.00. Stamps or postal money order for the amount required must accompany the order for the guaranties. E. A. McDonald, State Dairy and Food Gynmission WEST VIRGINIA. No special provision has been made for the enforcement of the laws of West Virginia which relate to the manufacture and sale of foods. GENERAL boon LAW. 11). Unwholesome provisions; penalty. If a person knowingly sell any diseased, cor- rupted or unwholesome provisions, whether food or drink, without making the same know n to the buyer, he shall be confined in jail not more than six months, and lined not exceeding one hundred dollars. 20. Adulterated provisions. It a person fraudulently adulterate, tor the purpose of sale, anything intended for food or drink, or if he knowingly sell or barter anything intended for food or drink, which is not what it is represented to he, or what it is sold for, he shall be confined in jail not more than one year, and lined not exceeding live hundred dollars; and the adulterated or other articles shall be forfeited and destroyed. Code 1899, ch. 150, p. 986. DAIRY PRODUCTS. 20a. Imitation butter or cheese; penalty. Any person who manufactures, sells or offer- for sale, any substance purporting to he, or having the semblance of, butter or cheese, which substance is not made wholly from pure cream or pure milk, unless each package, roll or parcel thereof, and each vessel containing one or more pack- : the same, has been distinctly, legibly and durably printed, stamped or marked thereon, the true and appropriate name of each substance, and also the fact that it Lfi not wholly made from pure cream, or pure milk, as the case may be, or any person who sells to a consumer, any such substance not so marked or stamped!] or without delivering to the consumer a written or printed statement, that it is not wholly made of pure cream, or pure milk, as the case may he, shall he lined not less than ten dol- lar- nor more than one hundred dollars, and at the discretion of the court, he con- fined in jail until the line and csts are paid, not exceeding, however, three months. Bui nothing contained in this act shall be so construed as to prevenl the use "i Bkimmed milk, salt, rennet or harmless coloring matter, in the manufacture of but- ter and cheese. Code L899, ch. L50, |'. 986. 1. [rtificial butter to be colored pink. That from and after the passage of this act, it shall he unlawful for any manufacturer or vender of oleomargarine, artificial or adulterate. I butter, to ma i intact ii re or offer for sale within the limits of this State. an\ ileomargarine, artificial or adulterated butter, whether the same be manufactured within or without t he state, unless the same shall be colored pink. 2, Penalty. Any person violating any provision of this act, shall he guilty of a misdemeanor and upon conviction thereof he lined not Less than twenty nor more than one hundred dollar- for each offence, :{. Jurisdiction, An) penalty arising under this act may he en forced by any magis- trate within the county in which the offence occurs. \.i- of L891, «h. 8; ( lode L899, p. 1 1 15. 670 WEST VIRGINIA. 67 1 WATER. 20b. If any person or persons shall knowingly and wilfully throw or cause to be thrown into any well, cistern, spring, brook or branch of running water which is used for domestic purposes, any dead animal, carcass or part thereof, or any putrid, nauseous or offensive substance, he or they shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than live dollars nor more than one hundred dollars, and may, at the discretion of the jury, be confined in the jail of the county not exceeding ninety days, and shall moreover be liable to the party injured in a civil action for damages. Code 1899, p. 987. WISCONSIN. The dairy unci food commissioner is charged with the enforcement of all of the dairy and food laws of the State. The samples taken in connection with the enforcement of the law are examined by a chemist who is appointed by the commissioner with the approval of the gov- ernor. At the last meeting of the legislature material changes were made in the food legislation of the State of Wisconsin. GENERAL FOOD LAWS. 4599. 20) Unwholesome provisions; penalty. Any person who 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, shall he punished by imprisonment in the county jail not more than six months or by line not exceeding one hundred dollars. 4i //;, 1905; Laws of 1905, ch. 907, pp. .".< 4601. Adulteration defined. An article shall be deemed to he adulterated within the meaning of the preceding section: l. [n the case of drugs: hirst, if, when sold, or offered or exposed for sale or had in possession with intent t«> sell, under or hy a name recognized in the United States pharmacopaeia, & it differs from the standard of strength, quality or purity laid down in the latest cm rent edition thereof; ,-econd, if when sold, or offered or exposed for sale or had in possession with intent to sell, under or hy a name not recognized in said pharmacopoeia, but which is found in the pharmacopoeia of some other country, the national formulary or other standard work on materia medica, it differs materi- ally from the standard of Btrength, quality or purity laid down in the latest current reporl of BUch work; third, if it- strength, quality or purity falls below the professed Btandard under- which it is sold. '1. In the case of 1 . .... 1 : First, if any suh-taiicr or sill >stain es ha\e heen mixed with it, so as to lower or depreciate or injuriously affect its Btrength, quality or purity; second, if any inferior or cheaper Bubstance or substances have been Bubsti tuted wholly or in part for it; third, if any valuable or necessary ingredient has wholly or in part abstracted fr it; fourth, if it is an imitation of, or sold under the name of, anot her art icle; fifth, if it consists, wholly or in part, of a dis- eased, infected, decomposed, putrid, tainted or rotfc n animal or vegetable Bubstance Or article, whether manufactured or not; -i\th, if it is colored, coated, polished or powdered, whereby damage or inferiority is concealed, or if by any means it is made "See also Dairy Products, etc &So in Statutes. 672 Wisconsin. 673 to appear better or of greater value than it really is; seventh, if it contains any added substance or ingredient which is poisonous, injurious, or deleterious to health, or any deleterious substance not a necessary ingredient in its manufacture; provide d, that articles of food which are labeled, branded or tagged in a manner showing their exact character and composition and approved by the dairy and food commissioner of the state, and not containing any poisonous or deleterious ingredient, shall not be deemed adulterated in the case of mixtures or compounds sold under their own distinct names or under coined names and which articles, if substitutes, are not in imitation of, or sold under, the name of any other article of food; and provided further, that nothing in this act shall be construed as requiring or compelling pro- prietors or manufacturers of proprietary foods to disc-lose their trade formulas, except bo Ear as may be necessary to secure freedom from adulteration, imitation or fraud. — As amended April 29, 1903, Laws of 1903, ch. 133, p. 192, and as further amended May 16, 190o, Laws of 1905, ch. .107, pp. 297-298. Statutes 1898, vol. 2, ch. 187, p. 2783. Sec. 1. Use of wood alcohol. No person, firm or corporation shall require or wil- fully permit the use of wood alcohol, or shellac or other material dissolved in or mixed with wood alcohol, or Columbian spirits within any vat or tank, in such manner as to cause injury to, ©r endanger the life or health of the person so using it, or of any other person or persons. Sec 2. Penalty. Any person who violates any of the provisions in section 1 of this act shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars for each such offense. Sec. 3. Enforcement. It shall be the duty of the commissioner of labor, the fac- tory inspector, or any assistant factory inspector, t<> enforce this act. Sec 4. Effect. This act shall take effect and be in force from and after its pae and publication. Approved June 1, 190. r >. Laws of L905, ch. 274, p. "415. BAKING POWDERS. 46011). (24) Any person who shall, by himself, his servant or agent or by the servant or agent of any other person, make or manufacture baking powder or any mixture or compound intended for use as a baking powder, or sell, exchange or deliver, or have in his possession with the intent to sell or exchange, or exp< offer for -all- of exchange such bilking powder, or any mixture or compound intended for use as a baking powder, which contains alum in any form or shape, unless the presence of the same be distinctly show ii by a label on the outside and face of which i< printed with a black ink in legible type, not smaller than brevier heavy gothic cap-, the name and residence of the manufacturer and the words: "THIS BAKING POWDER CONTAINS ALUM/' shall be punished as provided in the preceding section. Statutes 1898, vol. 2. ch. 187, p. -. BREAD. Sec. l . Si i ni tat ion of bakeru s and conf ctionerUs. All buildings occupied for bakery 1 confectionery establishments shall be well drain* d Ind all plumbing therein .-hall be constructed in accordance with well established sanitary principles and of good workmanship, and the rooms thereof used for the manufacture or sale of bread, and other food products shall be light, dry and airy. The room or rooms used for the manufacture of bread and oth< r food products shall have floors and side 674 FOODS AND FOOD CONTROL. walla BO constructed as to exclude rats, mice and other vermin and said floor and side walls shall at all times be free from moisture and kept in a good state of repair. Said floor shall have a smooth surface and be impermeable and may be constructed of wood, cement or tile. laid in cement. But no floor shall be constructed in a n>. >m used for the manufacture of Hour or meal products where the floor of said room i- more than eight feet below the level of the street, sidewalk or adjacent ground. The walls and ceilings of such rooms used for the manufacture of bread and other flour and meal products shall he whitewashed at least as often as once in six months and the floors, utensils and furniture of such rooms as are used for the manufacture. storing or sale of said food products, and the wagons used for the delivery of said food shall at all times he kept in a sanitary clean condition. The furniture and uten- sils of such rooms shall also he so arranged so that the same can he easily ami perfectly cleaned. 2. Toll, i and deeping arrangements. No water closet, earth closet, privy or ash pit shall he within or communicate directly with the hake room or any other room used in the manufacture of bread or other flour or meal products. The sleeping places for workmen employed in hakeries shall he separate and distinct from the places used in the manufacture of hread or other food products. While engaged in the manufacture of hread or other .flour or meal products the workmen in bakeries shall provide themselves with caps and slippers or shoes and an external suit of coarse linen, used for that purpose, only, and these garments shall at all time- he kept in a clean condition. All hakeries shall he provided with ample toilet facilities apart from the utensils used in the preparation of said foods to enable the workmen employed therein to keep their persons clean. Said hakeries shall also he provided with a separate dressing room to enable the workmen to change their clothes and keep the same in the proper condition. :;. Bakeries in basements j>r<>hihitr. Prosecution. It shall be the duty of ever}- occupant, whether owner or of every premia ■ used as a bakery or other establishment for the manufacture of food pro. hats to .airy out the provisions of (his act and make all changes ami additions necessary therefor. In case BUch changes Or additions are made upon the order of an officer or employe of the bureau of labor or of a board of health by the • of the premises he may at any time within thirty days after the completion thereof bring an action before any justice of the peace, municipal or district court. having competent jurisdiction against any person having an interest insuchprera- .nd may recover such proportion of the expense of making Buch changes and additions as the court adjudges should justly and equitably he borne by such defendant. . »;. Enforcement; inspectors; licen es. It shall be the duty of the state bureau of labor and boards of health, both Btate and local, to see that the provisions of this act are enforced and the commissioner of labor shall appoint a proper and competent n to act as bakery inspector for two years, who shall perform his duties under the direction of the said commissioner. The state factory inspector or any assistant a So in Statutes. Wisconsin. 675 state factory inspector shall have the same power as the bakery inspector. The said bakery inspector shall receive a salary of $1,000 per annum together with nee traveling expenses, to be paid out of the general fund not otherwise appropriated. In cities of five thousand inhabitants or over the common councils thereof may for the more perfect enforcement of the provisions of this act, provide by ordinance for the issuing of licenses to the owners or managers of bakeries and other establish- ments for the manufacture or sale of bread and other food products, provided, how- ever, that the license fee to be required shall not exceed one dollar for any single establishment per annum. Sec. 7. Penalty; notification. Any person who as owner or manager of a bakery or other establishment for the manufacture of food products or as a member of a firm or officer of a corporation owning or operating such establishment, or as an employe in said establishment, violates or fails to comply with any of the foregoing provisions of this act shall be guilty of a misdemeanor and shall be punished by a fine of not less than twenty dollars nor more than fifty dollars or by imprisonment in the c< unity jail for not more than thirty days. No criminal prosecution shall be made for any violation of the provisions of this act until thirty days alter notice, in writing, by an officer or inspector of the bureau of labor or some officer or agent of the board of health, of any change necessary to be made to comply with the provisions of this act, has been served upon the owner, n ianager or officer operating said establishment, and not then, if in the meantime, such changes have been made in accordance with such notification. >i.< . 8. Repeal. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. t. This act shall take effect and be in force from and after its passage and publication. Approved May 12, 1903; Laws of 1903, ch. 230, pp. 342-345. CANNED GOODS. 4601a. (23) Labels; preservatives, penalty. Any person who shall, himself, or by his servant or agent, or as the servant or agent of any other person, pack, can or pic--, rvc within this state, for use or consumption therein, fruits, vegetables, meats, fish or shell-fish, Or who shall sell, exchange, deliver or have in his possession with intent t<> sell, or exchange or expose for sale, or offer for sale or exchange tor consumption within this state such canned articles containing saccharin, formalde- hyde, sulphurous acid or sulphites, salicylic acid, or salicylates or any substance, article or ingredient other than sugar, salt, vinegar or spices, possessing a preservative character or action, or any copper compound or other artificial coloring, «.r any bleach- ing compound, or any article injurious to health; or any person who shall, himself, or by his servanl or agent, or as the servant or agent of any other person, pack, can or preserve within this state tor use or consumption therein, fruits, vegetables, meats, fish or shell-fish, or who shall Bell, exchange, deliver, or have in his \ si. in with intent to sell or exchange, <>r expose for sale, or otter for sale or exchange for use or consumption within this state such canned articles, unless each can con- taining such articles shall hear a label On which shall he printed the true n.< mtents and the name and address of the producer or packer, canning or pr< ing the -a i lie, or the dealer whosells the same, shall he guilty of a misdemeanor, and. upon conviction thereof, shall he lined not less than twenty-five dollars nor more than on,' hundred dollar- or he imprisoned in the county jail not less than thirty days nor more than sixty da\ 9. Is amended April 22, L905; Laws of 1905, ch. L04, pp. L70-171; Statutes 1898, vol. 2, ch. L87, p. 21 in Statutes, 6 < 6 FOODS AND FOOD CONTROL. DAIRY PRODUCTS AND OTHEB FOOD SUPPLIES. 14-10. (1 ) Appointment of dairy and food commission* r; assistants and report. The dairy and food commissioner shall be appointed by the governor, by and with the advice and consent of the senate, for a term of two years from the date of his appoint- ment and until his successor qualities. Vacancies occurring from any cause shall he filled for the remainder of the term by the governor, with the advice and consent i<\ - nate if it shall be in session, or if it is not in session, subject to approval at the :i next held after snch appointment is made, if the term for which it was made has not expired. Such commissioner may, with the advice and consent of the governor, appoint an assistant, who shall be an expert in dairy products, and a chemist who shall be a practical analytical chemist; he may also, with such advice and consent, appoint an agent for the inspection of milk dairies, factories aim* creameries, and to in the work of the dairy and food commission at such times and for such periods of time as may be required in the enforcement of the dairy and food law-. The compensation of such agent shall be three dollars per day for each day of actual service, ami his expenses, to be audited by the secretary of state on the presentation of accounts approved by the dairy and food commissioner. Said commissioner may also appoint a stenographer and confidential clerk. The commissioner shall be fur- nished with a suitable office in thecapitol, and with such supplies and printing as may be necessary. lie shall as Boon a- practicable after the thirtieth day of September in each even-numbered year make a report to the governor and give therein an itemized statement of all expenses incurred by him, and of all fines collected, with such statistics and other information and suggestions as he may regard of value. 1410a. (2) Power* and duties of commissioner. It shall be the duty of the commis- sioner to enforce the laws regarding the production, manufacture and sale of dairy products, the adulteration of any article of food or drink, or condiment or of any drug and personally or by his assistants to inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article of food, drink, condiment or drug made or offered for sale within this state which he may suspect or have reason to believe to be impure, unhealthful, adulterated or counterfeit, and to prosecute Or cause to be pros- ecuted any person, linn or corporation engaged in the manufacture or sale of any adulterated or counterfeit article or articles of food or drink, or condiment or drug in violation of law. The district attorney of the county in which a violation of any such law ha- occurred shall, when called upon by the commissioner or either of his nit- to do so, give all the aid he can to secure the execution of the law and shall ute cases arising under the provisions of this chapter or other provisions of these statutes relating to the adulteration of food, drinks, condiments and drugs and their sale. Such commissioner -hall have power t-» appoint, with the approval of the governor, special counsel to prosecute or a— i-t in the prosecution of any case arising under the provisions of these Btatutes imposing a penalty for adulterating dairy products, or foods, drinks, condiments or drugs or practicing deception or fraud in the manufacture and -ale thereof. All tines collected in prosecul ions begun or caused to be begun by the dairy and food commissioner or either of hi- a— i.-tant- shall be paid into the state treasury.- As amended Man /.', t906; Laws of 1906, eh. 193, p, llloii. t>> buildings; samples; cheea stencils. The commissioner, his agent or a — brant -hall have free access to any ham or stahle where any cow is kepi or milked, or to any factory, building, dairy or premises where any dairy product is manufactured, handled or stored, when the milk from such cow or such product is to he sold or shipped, and may enforce -ix-h measure- a- ate mce-saiy to secure perfect cleanliness in and around the Bame and of any utensil used therein, and to prevent the sale of milk from cows diseased or fed upon unwholesome food. Either of them may enter any place or building in which there is reason to heheve that any food, Wisconsin. 677 drink or drug is made, prepared, sold or offered for sale, and may open any package or receptacle of any kind containing, or which is supposed to contain, any article of food, drink or drug, and examine or analyze the contents thereof. Any such article or a sample thereof may be seized or taken for the purpose of having it analyzed; but if the person from whom it is taken shall so request, at the time of taking, the officer shall then and in the presence of such person securely seal up two samples of such, article, one of v»hich shall be for analysis under the direction of the commissioner, the other shall be delivered to the person from whom the sample or article was obtained. Said commissioner shall adopt a uniform stencil, bearing a suitable device or motto, a number and the words "Wisconsin full cream <•!, and a space for a number, and upon proper application therefor and under such regu- lations as to the custody and use thereof as he may prescribe, issue the same, with the proper number inserted, to the proprietor or manager of any cheese factory in this state; he shall enter in a book kept for that purpose the name, location and number of each factory using such stencil, no number being duplicated, and the name of the person thereat authorized to use the same. 1410c. (4) Submission of articles for analysis; evidence. The state board of health, medical officers of local boards of health, town and village boards or common councils may submit to the dairy and food commissioner samples of water or other drink.-, of food or drugs for analysi.-, and the same shall be examined and reports made of the analysis thereof to the body or officer submitting the same as soon as practicable; such reports shall fully specify the results of the analysis and be signed by such commissioner; they shall be accepted in all courts and places as prima facie evidence of the properties or condition of the articles analyzed. 1410d. (5) Farmer*' instlhiirs; expense of analyses. The governor may authorize the commissioner or his assistants, when not engaged in the performance of other official duties, to give such aid in farmers' institutes, dairy and farmers' conventions and the agricultural department of the state university as may be deemed advisable. For the necessary expenses of making the analyses contemplated in the foregoing sections the commissioner may incur an annual expense of not to exceed six hun- dred dollar-, the accounts for which, when verified and itemized, and approved by the governor shall be audited by the secretary of state. Statutes of 1898, vol. 1, pp. 1058-1060. 14!>4a. [19) Fraudulent accounts; penalty. Any butter or cheese manufacturer who -hall knowingly use or allow any other person to use for the benefit of himself or any other person than he who is entitled to the benefit thereof any milk or cream from the milk brought to him. without the consent of the owner thereof, or who shall refuse or Qeglect to keep or cause to he kept a correct account ' which shall he open to the inspection of any person furnishing milk to him | of the amount of milk daily received, or of the number of pounds of butter, and the number and aggregate weight of cheese made by him eaqj) day, or of the number of cheese cut or other* wise disposed of and the weight of each, -hall for each and every offense forfeit not leSfl than twenty-five nor more than one hundred dollars, one-half of which -hall be paid to the person upon whom any such fraud has been committed and who tir-t made complaint thereof; the remainder shall he paid to the school fund. Statutes of 1898, vol. i, c h. 61, p. l LOS. 44:{s Btate and bearing the words "Wisconsin full cream cheese," other- 678 FOODS AND FOOD CONTROL. wise than upon the bandage on the side of full cream cheese and upon the package containing the Bame, shall be punished by tine of not more than fifty dollars nor less than twenty-live dollars. Statutes of 1898, vol. 2, eh. 182, p. 2701. 4007. Adulterated milk; penalty. Any person who shall sell or offer for sale, furnish or deliver, or have in li is possession with intent to sell or offer for sale or furnish or deliver to any creamery, cheese factory, corporation or person, any adul- terated milk or any adulterated cream shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a tine of not less than twenty-live dollars nor more than one hundred dollars, or be imprisoned in the county jail not less than thirty days nor more than sixty day.-. — As amended April 99, 1906; Laws of 1905, ch. 1S8, p. 209. 4607a. Adulterated or unsanitary milk and cream defined. In all prosecutions under the preceding section, or any other section of these statutes, or laws amendatory thereof or supplementary thereto, relating to the sale of adulterated milk or adulter- ated cream, the term adulterated milk shall mean: Milk containing less than three percentum of milk fat, or milk containing less than eight and one-half percentum of milk solids not fat, or milk drawn from cows within eight days before or four days after parturition, or milk from which any part of the cream has been removed, or milk which has been diluted with water or any other fluid, or milk to which bus been added or into which has been introduced any coloring matter or chemical or pi ative or deleterious or filthy substance or any foreign substance whatsoever; or milk drawn from cows kept in a filthy or unhealthy condition, or milk drawn from any sick or diseased cow or cow having ulcers or other running sores, or milk drawn from cows fed unwholesome food, or milk in any stage of putrefaction, or milk con- taminated by being kept in stables containing cattle or other animals. The term adulterated cream shall mean cream containing 1« ss than eighteen percentum of milk fat, or cream taken from milk drawn from cows within eight days before or four days after parturition, or cream from milk to which has been added or introduced any coloring matter or chemical or preservative or deleterious or filthy substance or any foreign substance whatsoever, or cream from milk drawn from cows kept in a filthy or unhealthy condition, or cream from milk draw u from any sick or diseased cow or cow having ulcers or other running sores, or cream from milk drawn from cow- ic<\ unwholesome food, or cream contaminate d by being kept in stables containing cattle or other animals, or -cream to which has been added or into which has been intro- duced any coloring matter or chemical or preservative or deleterious <>r filthy sub- stance or any foreign substance whatsoever, or cream in any stage of putrefaction; led, thai nothing in this act shall be construed to prohibit the Bale of pasteurized milk or cream to which viscogen or sucrate of lime has been added solely for the pur- of restoring the viscosity, if the same be distinctly labeled in such a ma unci' as to advise the purchaser of its true character; and providing that nothing in this act shall be construed as prohibiting the sale of mirk commonly known as "skimmed milk," when the same is sold afl and for " sk iuiined milk.'' Milk drawn from COW8 within eight days before or four days after parturition, or milk to which has been added or into which has been introduced any coloring matter or chemical or preserv- ative or deleterious or filthy substance or milk drawn from cows kept in a tilths or unclean condition, or milk drawn from any sick or diseased cow or cow having ulcers or other running sores, or milk drawn if »wa fed unwholesome food, or milk contaminated by being kept In .-tables containing cattle or other animals and cream from any such milk, or cream in an\ stage of putrefaction are hereby declare. 1 to be unclean and unsanitary milk or unclean and unsanitary cream, as the case may be. — nended .!/'/•■ //. Wisconsin. 679 4607b. Adding antiseptics to milk, etc. Any person who shall sell or offer for sale, consign or have in his possession with intent to sell any milk, cream, butter, cheese or other dairy products, or who shall deliver to any creamery or cheese factory milk or cream to be manufactured into butter or cheese- to which milk, cream, butter, cheese or other dairy products, boracic acid, salicylic acid or compounds containing them, or other antiseptics injurious to health have been added, shall be punished In- fine not exceeding one hundred dollars nor less than twenty-five dollars. 4(>07c. Skimmed- m il 'k cheese; 'imitation butter; penally. Any person who shall by himself, his agent or servant manufacture, buy, sell, offer, ship, consign, exp' have in possession for sale within this state, any cheese manufactured from or by the use of skim milk to which there has been added any fat which is foreign to such milk, or who shall by himself, his agent or servant manufacture, buy, sell, offer, ship, con- sign, expose or have in possession for sale within this state, any skimmed-milk cheese or cheese manufactured from milk from which any of the fat originally contained therein has been removed, exceptsuch last mentioned cheese is ten inches in diameter and nine inches in height, or who shall, by himself, his agent or servant, render or manufacture, sell or solicit or accept orders for, ship, consign, offer or expose for sale or have in 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, and without the admixture or addition of any fat foreign to said milk or cream, which shall be in imitation of yellow butter produced from such milk or cream with or without coloring matter, shall for the first offense be punished by line of not more than live hundred dollar-. nor less than fifty dollars, and for each subsequent offense, by imprisonment in the county jail not to exceed sixty days nor less than ten days, or by fine of not more than live hundred dollars nor less than one hundred dollars, or by both such line and imprisonment. Nothing in this section shall be construed to prohibit the manufac- ture or sale of oleomargarine in a separate and distinct form and in such manner as will advise the consumer of it- real character, and free from coloration or ingredient that causes it to look like butter. — As amended April 9, 1901. 160 7 d. Branding of imitation butter. Any persou who shall sell or offer for sale to any person who asks, sends or inquires for butter, any oleomargarine, hutterine or any similar Bubstance made in imitation or Bemblance of pure butter, not made entirely from the milk of cows, with or without coloring matter, or w ho shall expose for -ale oleomargarine, butterine, or any similar substance not marked and dis- tinguished on the outside of each tub, package Or parcel thereof by a placard with the word "oleomargarine," and not having also upon every open tub, package or parcel thereof a placard with the word "oleomargarine," such placard in each case to be printed iii plain, unconden-ed gothic letters not less than one inch long, and not containing any other word- thereon, Or who shall sell oleomargarine, butterine or any similar substance from any dwelling, -tore, office or public mart, without having conspicuously posted thereon the placard or sign, in letters not Less than four Inches in length, "oleomargarine sold here," or "butterine Bold here." which pla- card <.r Bign Bhall be approved by the dairy and food commissioner of this state, or who shall sell or deliver from any cart, wagon or other vehicle, upon the public streets or ways, oleomargarine, butterine or any Bimilar Bubstance, without having on the outside of both Bides of -aid cart, .wagon or other vehicle a placard, in uncondensed gothic letters not Less than three inch.-- in length, " licensed to sell oleomargarine," or who -hall furnish or canst- to be furnished in any hotel, boarding-house, re-tau- rant or at any lunch counter, oleomargarine, butterine or any similar substance to any guest or patron thereof, without first notifying Such gUOSl or patron that the Bubstance so furnished is not butter. -hall be punished as provided in the last pre- ceding section. 680 foods and food control. 4607e. Imitation butter and chee» v institutions; penalty. Any person who shall knowingly or negligently buy or procure for use as food in any of the char- itable, correctional or penal institutions of this state any butter or cheese not made wholly and directly from pure milk or cream, salt and harmless coloring matter, shall be lined not exceeding fifty dollars nor less than twenty-five dollars for the rsl ae, and tor each subsequent offense shall be punished by imprisonment in the county jail not more than ninety days nor less than ten days, or by line not exceed- ing one hundred dollars nor less than fifty dollars, or by both fine and imprisonment, -H»07h. Obstructing performance of commissioner's duty; penalty. Any person who shall obstruct the dairy and food commissioner of this state or either of his assistants in the performance of their duty, by refusing him entrance t<> any place he is authorized to enter or by refusing to deliver to him a sample of any article of food, drink or drug made, sold, offered or exposed for sale by the person to whom request therefor is made, if the value thereof is tendered, shall be punished for the first offense by fine not exceeding twenty-five dollars, and for each subsequent offense by line not exceeding live hundred dollars nor less than fifty dollars. 4<><)7,j. Sanitation of cow stables, utensils, etc; penalty. Any person owning or man- aging a dairy, the product of which is sold for family use, who shall feed his COWS upon unwholesome food or keep them in unclean stables or handle the milk with unclean utensils shall be deemed guilty of a misdemeanor and upon conviction thereof be fined not less than twenty-live (lobars nor more than one hundred dollars for the first offense, and not less than one hundred dollars nor more than two hun- dred dollars for each subsequent offense. Statutes, 1898, vol. 2, ch. 187, pp. 2787-2792. Sec. 1. Appointment of assistant commissioner, chemist, and inspectors; salaries. In addition to the officials and appointees provided for by section 1-1 K»" of the statutes of L898, and of chapter 144 of the laws of 1903,* the dairy and food commissioner may, with the advice and consent of the governor, appoint a second assistant dairy and food commissioner, an assistant chemist and eight agents <>r inspectors, whose duties shall be to assist in promoting the work of the dairy and food commissioner in the manner herein provided and in such way as maybe required by the dairy and food commissioner in the enforcement of the dairy and food laws. Of the eight agents or inspectors herein provided for, three shall be creamery, dairy and food inspectors, whose duties, in addition to the general duties hereinbefore provided, shall be to inspect creameries, dairies, foods and drugs, under the direction and supervi- sion of the dairy and food commissioner; four shall be cheese factory, dairy and food inspectors, whose duties in addition to the general duties hereinbefore provided, shall be to inspect cheese factories, dairies, foods and drugs, under the direction and super- vision of the dairy and food commissioner, and one shall be chief food inspector. The second assistant dairy and food commissioner and the cream cry, dairy and food inspect- ors herein provided for, shall be expert creami ry butt< r makers, skilled in the tech- nical work of creameries, competent judges of creamery products, and versed in modern scientific and practical dairy husbandry. The cheese factory, dairy and f 1 inspect- ors herein provided for shall beexperl cheese makers, skilled in the technical work of cheese factories, competent judges of cheese factory products and versed in modern scientific and practical dairy husbandry. The chief food inspector shall be experienced in modern grocery business. The assistant chemist shall be a competent analytical chemist and shall devote his time exclusively to the work of the Commission. The annual salary of the second assistanl commissioner shall be sixteen hundred dollars; the annual -alary of the assistanl chemi-t, of the creamery, dairy and food inspectors and of the chief food inspector shall be each twelve hundred dollars; the compensa- tion of each of the cheese factory, dairy and f 1 inspectors shall be one hundred dol- "See p, 677. ''See p. 688. WISCONSIN. 681 lars per month. The aforesaid salaries and compensation shall be paid in the same manner as is provided by law for the payment of salaries of other state officers and employees. There shall also be paid to the second assistant commissioner and to each, of the agents or inspectors and assistant chemist herein provided for, their neo and actual expenses incurred in the discharge of their official duties, on the approval by the dairy and food commissioner and the governor, of verified and itemized accounts therefor. Sec. 2. Powers of officers. The officers designated in section 1 of this act shall have all the powers -that are conferred by law upon any agent, inspector or assistant of the dairy and food commissioner. Sec. 3. Effect. This act shall take effect and be in force from and after its passage and publication. Approved June 17, 1905. Laws of 1905, ch. 390, pp. 629-630. Sec. 1. Labeling of renovated butter. No person, shall, himself, or by his agent or servant, sell, offer or expose for sale, or have in his possession with intent to Bell, or exchange or deliver renovated butter, or butter which has been melted and its rancidity removed or masked, and which has been regranulated, colored and pre- pared in imitation or in semblance of genuine creamery butter, unless the subfi shall have the words "Renovated Butter" conspicuously stamped, labeled or marked in one or two lines and in plain Gothic letters, at least three-eights" of an inch square, so that the words cannot be easily defaced, upon two sides of each and i. very tub, firkin, box or package containing said renovated butter; or, if such butter is exposed for sale uncovered, or not in a case or package, a placard containing said words in the same form as above described in this section shall be attached to the mass in such a manner as to be easily seen and read by the purchaser: and when renovated butter is sold from such 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 words "Renovated Butter," printed or stamped thereon in one or two lines and in plain Gothic letters at least three- eights" of an inch square, and such wrapper shall contain no other words or printing thereon, and said words "Renovated Butter" bo 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 the purchase. — As amended March /;. 1905. Laws of ch. 34, ]>. 86. Sec. 2. Penalty. Any person who shall violate any of the provisions of this act [the preceding paragraph] shall be guilty of a misdemeanor, and upon conviction thereof, be fined not less than twenty-live nor more than one hundred dollars. Approved March 30, L899. Laws of L899, eh. 76, p. 104. Sac. 1. Standard for condensed milk. No person shall manufacture for sale within this stat*-. or offer or expose for sale, have in his possession with intent to sell. or exchange, any condensed milk, Bweetened or unsweetened, unless the same -hail contain not Less than twenty-eight percentum, by weight, of milk solids, of which not less than one-fourth shall he milk fat. Sec. 2. Standard for condensed or evaporated cream. No person shall manufacture for sale within this state, or offer or expose for Bale, have in his possession with intent to sell, or Bell or exchange, as and for evaporated or condensed cream, any Bubstance except the product obtained bj the evaporation of a portion of water from cream containing nol less than eighteen percentum, by weight, of butter Eat. vided, that nothing in this act shall apply to goods manufactured for -ale and ship- ment outside of the state. —^^————. — — — _^^^_ — __^^_ " So in Statuti 682 FOODS AND FOOD CONTROL. 3. Penalty. Whoever shall violate 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, or by imprisonment in the county jail not less than thirty days nor more than sixty days. 4. This act shall take effect and be in force from and after January 1st, 1906. Approved -May 25, 1905. Laws of 1905, ch. 247, p. 352. 8ec. 1. Milk of diseased and improperly fed cows. No person by himself or agent shall offer for sale, furnish or deliver, or have in possession with the intent to sell ; or offer for sale, or furnish or deliver milk or cream drawn from sick or diseased cow or cows kept in filthy and unsanitary condition, or cows fed on refuse or slops from distilleries or vinegar factories, unless such refuse or slop be mixed with other dry sanitary grain or food to a consistency of a thick mush. Sec. 2. Foreign substance not to be added to milk or cream not pasteurized. No person by himself or agent shall offer for sale or furnish or deliver or have in possession with the intent to sell, offer for sale, or furnish or deliver, any milk or cream having therein or containing in any amount any foreign substance or coloring matter or any chemical or preservative, whether for the purpose of increasing the quantity of milk or cream or for improving its appearance, or for preserving the condition of sweetness thereof, or for any purpose whatever, provided that nothing in this act shall be construed to prohibit the sale of pasteurized milk or cream, to which vis- cogen or sucrate of lime has been added solely for the purpose of restoring the viscosity, if the same be distinctly labeled in such manner as to advise the purchaser of its true character. Sec 3. Penalty. Any person violating any of the provisions of this act shall, upon conviction, be fined not less than twenty-five dollars nor more than one hun- dred dollars for each and every offense, or be confined in the county jail not less than thirty days nor more than sixty days. — As amended April 8,1905; Laws of 1905, ch. 66, p. 125. Approved -May 2, 1899. Laws of L899, ch. 313, p. 579. - . i. Biennial report ; quarterly bulletins. In lieu of the twenty thousand copies of the biennial reportof the dairy ami food commissioner, as provided in sectioD 335c of the statutes of L898, the number of copies of the said biennial reportof the dairy and food commissioner shall be five thousand bound in cloth, and the said daiiy and food commissioner may also, with the consent of the governor, and in accordance with the laws regulating the printing and publication of public documents or bulletins, prepare, print and distribute to such persons as may be interested, or may apply therefor, a quarterly or semi-annual bulletin in suitable paper covers, con- taining results of inspections, results of analyses made by the chemist for the dairy and food commission, with popular explanations of the Bame and such other infor- mation as may come to him in his official capacity, relating to the adulteration of food, drug and drink products and of dairy products, bo far as he may deem the same of benefit and advantage to the public; also a brief Bummary of the work done during the quarter by the commissioner and bis assistants in the enforcement of the dairy and fo.»d laws of the state; bul aol more than fifteen thousand copies of each such quarterly bulletin shall be printed. As amended May IB, 1906; Laws of 1905, ch. 188, p. •_'. DaU of effect. This art shall take effect and he in force from and after its : '•■ and publication. Approved April28, L903, Law-, L903, ch, LSI, p. L90. Wisconsin. 683 Sec. 1. Assistants to the commissioner ; salaries. In addition to the provisions of section 1410« of the statutes of 1898, the dairy and food commissioner may, with the advice and consent of the governor, appoint an assistant chemist for the dairy and food commission, when needed, who shall be paid not to exceed fifty dollars per month, in the same manner as the analytical chemist is paid; he may also, with such advice and consent, appoint two agents for the inspection of foods, milk dairies, cheese factories and creameries, and to assist in the work of the dairy and food com- mission at such times and for such periods of time as may be required in the eni ment of the dairy and food laws. The compensation of each of said agents shall he three dollars per day for each day of actual service and his expenses to he audited \>y the secretary of state on the presentation of accounts approved by the dairy and food commissioner. In addition to the foregoing, the dairy and food commissioner may appoint one expert agent or more for the special inspection of cheese factories and creameries and so far as may be deemed practicable their sources of supply, for such times and periods of time as may be deemed necessary, provided that no cost for compensation or traveling expenses of said expert agents shall thereby be incurred by the dairy and food commissioner. Sec 2. Date of effect. This act shall take effect and be in force from and after its passage and publication. Approved May 2, VM). Laws, 1903, ch. 144, p. 208. Bbc. 1. Collection of dairy statistics by assessor. It shall be the duty of the ass of each town, village and city, at the time of making the annual assessment of prop- erty, to collect dairy statistics as follows: Of creameries: The number, the value thereof, the number of patrons contributory, the number of cows contributory, the number of pounds of milk received, the num- ber of pounds of butter made, the amount of money received for products sold during the preceding twelve months; Of cheese factories: The number, the value thereof, the number of persons con- tributory, the number of cows contributory, the number of pounds of milk received, the number of pounds of cheese made, the amount of money received for products sold during the preceding twelve months; Of milk condensing factories: The number, the value thereof, the number of patrons contributory, the number of cows contributory, the number of pounds of milk received, the number of pounds of condensed milk produced, the amount of money received for the products sold during the preceding twelve months; Of butter: The Dumber of pounds made on farms, the value thereof; Of cheese: The number of pounds made on 'farms, the value thereof; Of milk: The number of gallons sold by producers other than thai furnished or sold to creameries, cheese factories or condensed milk factories. And said assessor shall make duplicate certificates of such statistics, one of \\ hich lie shall file in the office of the town, village or city clerk, of his town, \ilL. city as the case may, he, and the other, with the clerk of his county, on or before the lii'M day of A.UgUSl of the -ame year. The county clerk shall, 00 01 before the fifteenth day of August of each year, forward to the secretary of state to be kept in bis office, a certificate of the aggregate number of each of said items or products in his county as ascertained and compiled from the certificates of said a Bbo. 2. Duplicali records; where filed. It -hall be the further duty of each said assessor at the aforesaid time, to make duplicate li-t< comprising the name and loca- tion of each creamery, cheese factory and milk condensing factory located in his town, village or city, and the name and postoffice address of each owner or manager thereof , and the name and postoffice address of each buttermaker or cheeeemaker See p. « i77. 684 FOODS AND FOOD CONTROL. thereof. He shall file one of raid duplicate lists in the office of the town, villa. city clerk of his town, village or city, as the case may be, and the other with the clerk of his county, on or before the first day of August of the same year. The county clerk shall, on or before the fifteenth day of August of each year, forward to scretary <>f state, a corresponding complete list for his county as ascertained from the li-ts of said . For the purposes of this act, the term creamery or cheese factory, shall mean a creamery or cheese factory, in winch the milk or cream from not less than three sepa- rate herds of cows, is manufactured into butter or cheese respectively. .'!. ( 'ampliation of report*. The secretary of state shall compile in suitable form the information by him received, as provided in the preceding sections, and certify the same to the dairy and food commissioner before the fust day of September of each year. Sec. 4. Secretary of state to furnish blanks, etc. The secretary of state shall prepare and furnish to the proper officers, all blanks and instructions necessary for carrying out the provisions of this chapter. 5. Bate of effect This act shall take effect and be in force from and after its passage and publication. Approved May 9, 1903. Laws 1903, ch. 187, p. 267. - . 1. Use <>f Babcock tests; standard capacity of measures. In the use of the Bab- cock test, the standard milk measures 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; cream shall be tested by weight and the standard unit 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 creameries 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, or wherever the value of milk or cream is determined by the per cent, of butter fat contained in the same by the Babcock test. .l'. »//, of falsely graduated measures. 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 guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in section 1 of this act. :;. False tests unlawful. It shall be unlawful for the owner, manager, agenl or an\ employee of a cheese factory, creamery, or condensed milk factory to falsely manipulate or under-read or over-read the Babcock test or any other contrivance OSed for determining the quality or value of milk or cream or to make any false determination by -aid Babcock test or otherwise. — As amended April :p 1906; Laws Of 1906, Ch. !'!>, p. 166. i. Penalty. Whoever shall violate any oi the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall he punished by a line of not less than tuenty-li\e dollars nor more than one hundred for each and every Offense, <>r be Imprisoned in the county jail not Less than thirty days nor more than sixty days. As amended April M, 1906; Laws of 1906 , ch. 99, p. 167. ... Date of effect. This act shall take effect and be in force from and after its ge and publication. Approved March l'7. L903. Laws, L908, ch. 43, p. 64. i. Sanitation of cow stables; addition of visoogen to milk. Milk which shall be drawn from cows that are kept in barns or stables which are not well Lighted and Ventilated, Or that are filthy from an accumulation of animal refuse <>r from any other Cause, <>r from cows which are themselves in a filthy condition, and milk in or from can- or other utensils that are not kept in a clean and sanitary condition, or milk to Wisconsin. 685 which has been added any unclean or unsanitary foreign substance, is hereby declared to be unclean and unsanitary milk; provided, that nothing in this act shall be con- strued to prohibit the sale of pasteurized milk or cream to which viseogen or sucrate of lime has been added solely for the purpose of restoring the viscosity, if the same be distinctively labeled in such manner as to advise the purchaser of its true character. Sec. 2. Sale of unclean milk prohibited. Xo person, firm or corporation, shall know- ingly offer or expose for sale, or sell, or deliver for sale or consumption, or to any creamery or cheese factory or milk condensing factory, or have in his possession with intent to sell any unclean or unsanitary milk. Sec 3. Use of unclean milk in factories prohibited. Xo person, firm or corporation, shall knowingly manufacture for sale any article of food from unclean or unsanitary milk or from cream from the same. Sec. 4. Sanitary utensils in cheese factories, etc. All premises and utensils employed for the manufacture or sale or offering for sale of food products from milk or cream from the same which shall not be kept in clean and good sanitary condition are hereby declared to be unclean and unsanitary. Any milk dealer or any person, firm or corporation furnishing milk or cream to such dealer, or the employee of such milk dealer, and any person, firm or corporation or the employee of such person, firm or corporation, who operates a creamery, cheese factory or milk condensing factory, or manufactures, re-works or packs butter for sale as a food product, shall maintain his premises and utensils in a clean and sanitary condition. Sec 5. Cleansing of milk cans. Any person, firm or corporation, who receives any milk or cream in cans, bottles or vessels, which has been transported over any rail- road, or boat line, where such cans, bottles or vessels are to be returned, shall cause the said cans, bottles or vessels to be emptied before the said milk or cream con- tained therein shall become sour, and shall cause said can-, bottles and vessels to be immediately washed and thoroughly cleansed and aired. '. Whoever violates any provision of this act shall, upon conviction thereof , be punished by a fine of not less than twenty-live dollars nor more than one hundred dollars for each and every offense, or shall be imprisoned in the county jail not less than thirty days nor more than sixty days. — As amended May -A 1906; Laws of 1906, ch. 164, p. 1*9. f effect. This act shall take effect and be in force from and after its _-• and publication. Approved April 3, L903. Laws L903, ch. 67, p. 105. FLAVORING EXTRACTS. 1. Standards for 1, ■,,,>,,, ami rmi'dln > .rfr, honey dew and natural saccharine exu- dations of plants gathered and stored in the comb by bees. 2. Penalty. Any person who shall violate any of the provisions of this act shall be deemed guilt) of a misdemeanor and, upon conviction thereof, shall be punished by a tine of not Less than twenty-five dollars nor more than one hundred dollars or by imprisonment in t he county jail not less t han thirty days nor more than days. Bbo. 3. Repeal, Section L607f of the statutes of 1898 is hereby repealed. Sbc. h Effect. This art shaH take effect and be in force on and after October 1st, L906. Approved May 22, L906. haws of L905, ch. 220, p. 829. Wisconsin. 687 ICE. 4(>07k. (30. ) ]So person or corporation shall sell or offer for sale or cause the same to be done within thin state for domestic, culinary or drinking purposes, any ice which contains mud, decayed vegetation, animal or foreign matter or malarial sub- stance. Every person or corporation offering ice for sale shall have posted on his or its wagons, in a conspicuous manner, the name of the place from which the ice so offered for sale was cut, harvested or manufactured, and all persons or corporations dealing in or handling impure ice, to be used for cooling purposes only, shall have their wagons bo labeled. Any person who or corporation which violates any of the provisions of this section shall be deemed guiky of a misdemeanor and upon con- viction thereof shall be punished by a fine not less than fifty dollars or more than one hundred dollars. Statutes, 1898, vol. 2, ch. 187, p. 2792. MEAT. 4007g. (28.) Diseased and unwholesome meat. Any person who shall sell or expose for sale, or give away for use as a food, or can or pack for the purpose of transporta- tion to and sale in any market or place any unwholesome, stale, emaciated, blown, tainted, putrid or measly meat, or the flesh of any diseased animal or of any animal not slaughtered for the purpose of food> knowing or having good reason to believe that such meat is as above described, or that such flesh is the ilesh of a diseased ani- mal or of an animal not slaughtered for such purpose, and any person or corporation owning or operating any slaughter-house or packing establishment in this state who shall receive for the purpose of killing, or kill, any diseased animal, or render the carcass of any animal that shall die by disease or in consequence of exposure, or that shall not have been slaughtered for food, knowing or having good reason to believe that such animal was diseased, or had died from disease or in consequence of expo- sure, or had not been slaughtered for food, such person shall be punished by impris- onment in the county jail not exceeding six months nor less than ten days, or by fine oi n<>t more than one hundred dollars nor less than ten dollars, or both, and such corporation shall be fined not more than five hundred dollars nor less than ten dollars. Statutes 1898, vol. 2, ch. 187, p. 2791. >k< !. 1. Penalty for use of antiseptics. Any person who by Himself or hisagenl shall offer or expose for sale, take orders for, or sell, or have in his possession with intent to sell for use or consumption within the stun- any Baosage or chopped meat com- pound containing any artificial coloring, or chemical preservative or antiseptic, except common salt, saltpetre, Bpicefi or w I smoke shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be lined not less than twenty-five dollars nor more than one hundred dollars. — As arm nded May I ch. /'r glucose, unless the same be true to the name under which it is sold, and as defined in the standards of purity for f<»od products as adopted by the United states Department of Agriculture, and unless the barrel, cask, keg, can, pail or pacakge 6 containing the same be distinctly branded or Labeled with the true name of its contents as defined in the above named standards; and no person .-hall sell, offer or expose for Bale Or have in his possession with intent to sell any syrnp, BUgar-cane syrnp, BOrghum syrnp, or niola--.- mixed with gluCOSC unless the mixture he -old as and for compound glucose mixture 0/ corn syrnp, and unless the barrel, cask, ke^r, can, pail <>r package containing the same be distinctly branded or labeled "Glucose Mixture" or "Corn Syrup," in plain Gothic type not less than three-eights 6 of an inch square, with the name and percentum by weighl of each ingredient contained therein plainly stamped, branded or stenciled on each package in plain Gothic Letters not less than one-quarter of an inch square. Each and every . p. 1172. ''So in Statute.-. Wisconsin. 689 package of syrup, either simple or mixed, shall bear the name and address of the .manufacturer. Such mixtures or syrups shall have no other designation or brand than herein required that represents or is the name of any article which contains a saccharine substance; and all brands or labels required shall be an inseparable part of the general or distinguishing label, and the general or distinguishing label shall be the principal and conspicuous sign under which it is sold; nor shall any of the aforesaid glucose, syrups, molasses or mixtures contain any substance injurious to health, nor any other article or substance otherwise prohibited by law in articles of food. Sec. 2. Penalty. Whoever shall do any of the acts or things prohibited, or neglect or refuse to do any of the acts or things required by this act, or in any way violate any of the provisions, shall forfeit to the state of Wisconsin, the sum of not less than twenty-five dollars nor more than one hundred dollars. Sec. 3. Effect. This act shall take effect and be in force on and after October 1st, 1905. Approved May 3, 1905. Laws of 1905, ch. 152, pp. 223-224. • VINEGAR. 4:607i. (29.) Standards; brands; penalty. No person shall sell, manufacture for sale, offer or expose for sale or have in his possession with intent to sell as apple, orchard, or cider vinegar, any vinegar which has not been made exclusively by the fermentation of pure apple juice, known as apple eider; or vinegar which contains any foreign substance whatsoever; or vinegar which shall contain less than 4 per centum by weight of absolute acetic acid; or vinegar which shall be found to contain less than one and three-fourths per centum by weigh! of pur*' cider vinegar solids upon full evaporation at two hundred a»d»twelve degrees Fahrenheit; and no person shall sell, offer or expose for sale or have in his possession with intent to sell any cider vinegar unless each barrel, cask or keg containing the same be plainly stenciled or branded on one head of said barrel, cask or keg, in black letters and figures at least one inch in height, with the words "Cider Vinegar," together with the name and place of business of the manufacturer thereof, and the strength <>l* the vinegar contained in said barrel, cask or keg, which strength shall be denoted by the per centum by weight of absolute acetic acid contained in said vinegar. And no person shall manufacture for sal<\ offer or expose for sale, or have in his possession with intent fco sell, or Bell, any vinegar which shall he adulterated within the meaning of sections 4600 and 4601 of the statutes of L 898,a and laws amendatory thereof; or any vinegar which shall contain less than four and one-half per centum by weight of absolute acetic arid; or vinegar which shall contain any artificial coloring matter, or any preparation of lead, copper, sulphuric or other mineral acids, or any acid made from the distillation of WOOd or any ingredient injurious to health. And no | -hall sell, offer or expose for Bale or have in his p088e88ior) with intent to sell any vinegar (except cider vinegar) made by fermentation without the intervention of distillation unless each barrel, cask or keg containing the same be plainly stenciled or branded on one head of said barrel, cask or keg, in black letters and Bgun least one inch in height, with the name ami place of business of the manufacturer of said vinegar and the strength of the vinegar contained in said barrel, cask oi winch Btrength shall he denoted by the per centum by weight of absolute acetic acid contained in said vinegar, together with the words •• Fermented Vinegar" and the true name of the fruit or substance from which said \ inegar is made. And no p< shall sell, offer "i- expose for Bale or have in hi- poateeeion with intent to sell any vinegar made wholly or in part from distilled liquor unless each barrel, cask or keg Bee i'. 672. 690 FOODS AND FOOD CONTROL. containing the same be plainly stenciled or branded on one head of said barrel, cask _. in black letters and figures at least one inch in height, with the words " Hi- tilled Vinegar," together with the name and place of business of the manufacturer thereof and the strength of the vinegar contained in said barrel, cask or keg, which strength shall be denoted by the per centum by weight of absolute acetic acid con- tained in said vinegar. Any person who shall be found guilty of violating any of the provisions of this section shall forfeit to the state of Wisconsin the sum of not less than twenty-live dollars nor more than one hundred dollars for each such violation. Provided that this act shall not be construed as prohibiting the sale of any vinegar by the manu- facturer for shipment and use outside the state. Provided, however, that nothing herein contained shall be held to prohibit the coloring of vinegar by the use of burnt . or the sale or offering for sale of the same until on and after July 1st, 1906. As amended June 3, 1905; Laws of 1905, eh. 297, p. 454: Statutes 1898, ch. 187, p. 27. vm of tartar. Cream of tartar must be pure and true to name. All compounds are unlaw fill. Extracts. ■ cial Law, page 886. i artificial extracts can he manufactured and sol. I only in cases w here it is not possible to produce an extract iv<<\\\ the fruit it -elf. I • is case must be distinctly labeled as "Artificial Extracts." WISCONSIN. 691 Extract of lemon, essence of lemon or spirits of lemon, sold as such, must contain at least five per cent, of pure oil of lemon dissolved in ethyl alcohol. Such mixtures or compounds as " Water Soluble Lemon Flavor" or "Terpeneless Lemon Flavor," made from lemon peel or from oil of lemon, or from both, must not be sold as "Extract of Lemon" or "Essence of Lemon" or "Spirits of Lemon;" but if of equivalent strength and labeled, branded or tagged in a manner showing their exact character and composition and approved by the dairy and food commissioner of the state, and not containing any poisonous or deleterious ingredients will be recognized as Legitimate substitutes and when sold as articles of food under their own distinct names as stated above and not under the name of any other article of food, such sale will not be contested by this commission as unlawful. Extract of vanilla must be made wholly from vanilla beans, and must contain no artificial coloring. The color of vanilla extract is considered an indication of its strength and artificial coloring in such case would be used tor the purpose of conceal- ing inferiority and of making the article appear better than it really is. When other flavoring substances are used, such as vanillin, coumarin or tonka, the extract must be labeled so as to show the purchaser its true character, as, "Com- pound Extract of Tonka and Vanillin." The label "Compound Extract of Vanilla" will not be deemed sufficient notice of the character and composition of the article. In all cases, it is to be understood that when an extract is labeled with more than one name, the type used is to be similar in size, and the name of anyone of the articles used is not to be given greater prominence than another. Farinaceous goods. Farinaceous goods, must be true to name. Barley, hominy, cracked or rolled wheat or oats, tapioca and like article.-, must be pore and unadul- terated. If mixed or compounded their true or coined name. Packages containing mixtures or compounds of this kind should be labeled with the name and address of the manufacturer or compounder thereof. Honey. See special law on page 686. Jellies. Artificial fruit jellies, jams, preserves, fruit butter, so-called " I'ie Filling," or other similar mixtures or compounds, made or composed, in whole of in part, of glucose, dextrin, starch or other substances must not he colored in imitation of natural fruit products; but if uncolored, may he sold for what they are when labeled ina manner showing their exact character and composition and approved by the dairy and food commissioner of the state and when they are free from ingredients deleterious to health. Such artificial mixtures or compounds must he labeled with, (first), the word "Compound," (second), the won! "Glucose" and (third), the name of the fruit or dextrin, or starch, or other substance, entering into the artificial product. To illustrate: In the case of artificial jelly consisting of glucose with an apple base, the label should he '•Compound < rlucose Apple Jelly." If the fruit is cur- rant, the label should he "Compound Glucose Currant .Icily." It' the has»> is starch, the label should be "Compound Glucose Starch Jelly." En case of other mixtures or compounds, as mentioned above, the label should he "Compound < ilucose starch I'ie Filling," "Compound Glucose Apple Jam," etc., according to their true char- acter and composition. Mi I. -tit ute mixtures or compounds cannot lawfully he sold in imitation of or under the name of any other article of food. '. Substitutes for lard mustnol he sold under the name of lards. Compounds containing lard can be sold when labeled in a manner showing their true character and composition and approved by the dairy and f I commissioner of the state, such :t-. "Compound Lard and ." Maplt sugar. See special law on maple sugar and maple syrup. Meat, chopped and sausage*. See special law on chopped meat- and sauss page ( >n7. 692 FOODS AND FOOD CONTROL. Milk. All milk offered for sale or sold or delivered to creameries or cheese facto- ries musl be from clean, healthy cows, of clean, pure and wholesome character, free from preservatives or any foreign substance, and must contain not less than three per cent, batter fat. Producers and dealers in milk and cream are especially warned against the use of preservatives. The preparations for keeping milk and cream sweet that are widely advertised in this state as being harmless, have been condemned by Leading authorities, both in this country and in Europe, as being prejudicial to the public health. Their use is prohibited by a plain statute which fixes a minimum penalty of $25 for its violation. Preservatives are used to avoid the effect- of careleSB and unclean methods. Milk and cream will remain-sweet without the use of poisonous drugs long enough for sale and consumption if produced from clean cows, in clean barns, by clean men, using clean utensils. The health of invalids and of children is of more importance to the state than tin- prosperity of manufacturers and dealers in the makeshifts of uncleanlinesB. Mustard. Dry mustard must be pure. Prepared mustard must be free from starch or adulterant of any kind, and, it con- sisting of mustard, vinegar, and spices, may be sold when labeled "Prepared .Mustard." A preparation of mustard, vinegar, spices and enough tilling or starch to make a mustard of mild flavor to meet a legitimate demand which undoubtedly exists, may be sold when labeled "Prepared Mustard Compound." Harmless coloring matter may be used in preparations of mustard only to secure uniformity of appearance. Oleomargarine. Oleomargarine which shall be in imitation of yellow butter can not he lawfully sold. Oleomargarine free from coloration or ingredient that causes it to look like butter can be manufactured and sold under its own name when prop- erly labeled. Each tub, package and parcel must be marked by a placard bearing the word "Oleomargarine" printed in plain, uncondensed gothic letters not less than one inch Long, and such placard shall contain no other words thereon. All Btores and places of business from which oleomargarine shall be sold must have conspicuously posted a placard to be approved by the dairy and food commis- sioner, containing the words, printed in Letters not less than four inches in Length, "Oleomargarine Sold lb-re." It is unlawful for hotel, restaurant or boarding-hoUSC keepers to furnish their guests with butter substitutes without notifying such guests that the substitutes BO furnished are not butter. A bill of tare furnished guests and containing a statement that oleomargarine is used will be deemed a Sufficient notice. No imitation butter or cheese can be used in any of the charitable or penal institu- tion- of this state. Renovated butter. Bee special law on renovated butter, page 681. Spices. All spices must be pure. Any mixture of any foreign article with any spice UB an adulteration. An adulteration of spices cannot be remedied by the Label " ( Sompound." Sirup. See special law on sirup, page 688. Vinegar. 8< i ipe< ial law on vinegar, ; Antiseptics, chemical preservatives. See special Law, page 687. Labels. Labels on mixtures ami compounds should disclose their true character and composition. Bee proviso to general law on adulteration. WYOMING. On April 1, 1905, the Legislature created the office of State dairy. food, and oil commissioner, who is charged with the administration of all food laws. Previous to this time the laws had been under the administration of the State chemist. In response to a letter of inquiry, Mr. E. W. Burke, the commissioner, replied that the work that has been done under the laws has been mainly educational. He suggests that a clause is desirable prohibiting interference with the food commissioner, and that special regulations should be enacted relating to colors, preservatives, and baking powder-. GENERAL FOOD LAW-. 5108. Diseased meat, adulterated liquor, etc. If any person or persons shall know- ingly sell any flesh of any diseased animal, or other unwholesome provisions, or any pernicious or adulterated drink or liquors, every person bo off ending sbJU he lined not more than two hundred dollars. 5109. Fraudulent adulteration of foods or medicine*. Every person who adulterates or dilutes any article of food, drink, drug, medicine, spirituous or malt liquor, or wine, or any article used in compounding them, with a fraudulent intent to offer the same for sale, or to cause or j>erniit the same to be offered for sale, as unadulter- ated and undiluted; and every person who fraudulently sells or keeps or offers for sale the same as unadulterated or undiluted shall be punished by a tine of not more than live hundred dollars, or imprisonment in the county jail not more than sixty days, or by both. 5110. Spoiled food or medicine. Every person who knowingly sells or keeps, or offers for sale, or otherwise disposes of, or tries to dispose 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 drunk shall be fined not more than fifty dollars, or imprisoned in the county jail not more than thirt\ or both. Revised Statutes, L899, p. 12U4. . l. 8taU ehemitt; dud,.--; $ala The office of State Chemist is hereby created for the State of Wyoming, and shall receive a salary of two hundred dollars per year. Such Chemist shall be the regular professor of chemistry in the University of Wyoming. He -hall enter upon his duties on the 30th dayol September, It shall )>«• his duty to make or cause to be made a chemical analysis of such drink-, drugs, illuminating: oils or other material relative to the enforcement of this art. a- shall be submitted to him or shall be deemed ad\ isable tor such anal\ >i>. and make a full and complete written report of the same, and when bo requested it .-hall be his duty to testify in court. Mr -hall receive his necessary travel iiiL' expei, l>e paid by the State of Wyoming when employed in performing the pi this act, w hich shall not include the chemicals and apparatus neces-ar\ lot the ] fulfillment of his duties. & • also Meat. p. 71 694 FOODS AND FOOD CONTROL. Sec. 2. Assistant professor of chemistry; salary; duties. The Board of Trustees of the University of Wyoming are hereby authorized and empowered to employ an assist- ant to the regular professor of chemistry who shall receive a salary of ten hundred dollars per year for his services, to be paid by the State of Wyoming out of any moneys not otherwise appropriated, the same to be paid by the State Auditor in the manner provided for the payment of other accounts against the State. The Assistant Chemist shall keep his office at the University of Wyoming, and the Board of Trustees of said University shall furnish the necessary room for the carrying out of the provisions of this act. The Assistant Chemist shall perform such duties as he may be required to perforin by the State Chemist, Sec. 3. Contingent expenses limited to appropriation. The necessary traveling expenses and expenses for the purchase of apparatus, chemicals, etc., shall be paid from any appropriation made by the Legislature as a contingent fund for the State Chemist, provided that the expense shall be limited to the appropriation made. Sec. 4. Annual rej>ort. The State Chemist shall keep a seal with which to attest official acts and documents. He shall make an annual report to the Governor on or before the first day of October of each year, which shall contain 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 to the administration or public at large, and said report may In* published annually as public documents of the State of Wyoming, as may be provided by law. Sec. 5. Slate chemist'' s bond. Before entering upon the discharge of his official duties, the State Chemist shall give bond in the sum of one thousand dollars ($1,000), to the State of Wyoming, which shall be furnished by some responsible surety com- pany, which shall be accepted by 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 performance 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. Sec. <>. Sale of adulterated drugs or articles of food prohibited. No person or persons shall within the State of Wyoming manufacture for sale, offer for sale, or sell any drug or article of food, drink or illuminating oil which is adulterated within the meaning of this act. 8b . 7. Terms "drug" "food" and "drinks' 7 defined. The term "drug" as used in this act, shall include all medicines for internal or external use, antiseptics, disin- fectants and cosmetics. The term "food" as used in this act, shall include all arti- cles used for food, whether simple, mixed or compound, the term " drinks" shall include all drinks whether distilled, brewed, simple, mixed or compound, including mineral waters whicb shall he used as food, medicines or beverages by any person, or persons, while in the State of Wyoming, whether a citizen or not. m « . S. Adult ration defined. An article shall be deemed to be adulterated within the meaning of this act — (a) In the case of drugB: (1) If, when sold under or by the name recognised in the United states Pharmacopoeia, it differs from the standard of strength, quality or purity laid down therein; (2 ) It, w hen sold under or by the name not recognized in the United states Pharmacopoeia, hut which may he found in some other pharma- copoeia, or other Standard work on Materia Medica, it differs materially from the standard of strength, quality or purity laid downin such work; (8) H its strength, quality or purity falls belon the professed standard under which it is sold. (1)) Ln case of food: ii) [f any substance or substances have been mixed with it, to lower or depreciate, or injuriously affect Its quality, strength or purity; (2) [f any inferior or cheaper substance or Bubstances have been substituted wholly or in part for it; (.'I) If any valuable Or necessary constituent or ingredient has been WYOMING. 695 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 the case of milk if it is the produce of a diseased animal; (6) If it is colored, coated, polished or powdered, whereby damage or infe- riority 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 poi- sonous 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 every package sold or offered for sale be distinctly labeled as mix- tures or compounds, with the name and per cent, of each ingredient therein, and are not injurious to health and illuminating oils shall be of not less than 120% [degrees] open air flash test. That no gasoline shall be sold in the State of Wyoming of less than seventy-four proof. Same shall be plainly marked on the can, barrel or other package containing gasoline. [See Chapter 109.] Sec. 9. Dealers must furnish samples for analysis. Every person manufacturing, offering or exposing for sale, whether a manufacturer or not, or delivering to a pur- chaser any drug or article of food or drink 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 or drink which is in his possession. Sec. 10. Penalties. Whoever refuses to comply upon demand, with the require- ments of this act, and whoever violates any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding three hundred dollars ($300) nor less than fifty dollars ($50), or imprisoned not exceeding one hundred nor less than thirty days, or both, at hard labor. Any person found guilty of manufacturing, offering for sale or selling an adulterated article of food, drugs or drinks 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 adulterated articles of which said person shall be found guilty of manufacturing, selling or offering for sale. Laws 1903, ch. 82, art. 1, p. 102. Sec. 3. Shortage in weight or measurement; penalty. It shall be unlawful within the State of Wyoming to sell direct. <>r permit any person, whether agent, employe or servant, to sell any property of whatsoever character that shall be short in weight or measure, and any person owning or having charge of any scales or steelyards for the purpose of weighing any property, or who knowingly reports any false or untrue weight, whereby any person may be defrauded or injured, or who shall sell any article of food, beverage or medicine that shall be short in measure by the prescribed and legal measurements of this state and shall represent the Mime t<> contain ■ certain quantity which it does not contain and thus defrauding the purchaser, shall be lined not more than fifty dollars nor imprisoned more than thirty days, or both, at the discretion of the court. Bbc. 5. Counterfeit brands or trade marks; penalty. Whoever vends or keeps for sale any goods, merchandise, mixture, or preparation npon which any forged or Counterfeit stamp, brand, imprint, wrapper, label or trade mark is placed or fixed and intended to represent the said goods, merchandise, mixture or preparation at the true and genuine goods, merchandise, mixture Or preparation of any other per- son, km.u ing the same to be counterfeit, and \\ hoover wilfully forges or counterfeits any representation, Likeness, similitude, copy or imitation of the private brand, wrapper, label or trade mark usually affixed by :iny person to or upon the goods, Wares, merchandise, preparation Or mixture of BUCh person, or by any maker of 696 FOODS AND FOOD CONTROL. wine from grapes, to the bottle or cask 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 representation, likeness, similitude, copy or imitation is affixed, or intended to be affixed as the work, goods, manu- facture, wine, compound, preparation or mixture of such person, shall be fined not more than two hundred dollars nor less than fifty dollars, or imprisoned not more than six months nor less than two months, *or both, at the discretion of the court. Sec. 6. Packages must be marked with weights; refilling branded eases; penalty. Who- ever 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 fraction 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 repack any case or package marked with the brand, mark or stamp of any manufacturer, with goods or articles 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. Laws 1903, ch. 82, art. 8, p. 112. Sec. 1. Persons selling deemed agents of manufacturer. For the purpose of this act, and for the purpose of getting service on foreign companies, corporations or firms, any agent or any person who shall sell, keep for sale, offer for sale or handle goods made, sold or handled by said firm, company or corporation shall be deemed the agent thereof, upon whom the process of any court of this State of competent juris- diction may be served for the purpose of carrying into effect the provisions of this act, and service upon such agent shall be binding upon his principal. Bbc. 2. Adulterated goods t<> he destroyed. Any drugs, liquors, wines, malt liquors or food of any character or illuminating oil that may be found adulterated or impure to such an extent as to make it injurious to the public health and dangerous to life and thus unfit by the provisions of this act to be sold, shall be confiscated and destroyed at the discretion of the court. Sec '.\. Siair cJiemist — oath and hand. It shall be unlawful for the State Chemist to enter upon his duties before having taken the oath of allegiance to the Lnited States of America, the State of Wyoming, and having tiled a satisfactory bond furnished by some competent and responsible surety company in the sum of one thousand dollars for the faithful and honest performance of his duties, which bond shall be accepted by the Secretary of State, and placed on tile in his office. Trial for the enforcement of the provisions of this act shall be brought before any District Court in the State of Wyoming, and their shall be nothing that shall be construed to prohibit an appeal from the decision of said court. Sec. 1. City health officer- duty. It shall be the duty of the ex-officio city health officer provided for by the State Board of Health and the state Board of Medical Examiners to collect samples and forward the same to the State Chemist for analysis and to otherw ise carry out t he provisions of this ad. >i'. 5. Repeal. A.11 acts or parts of acts thai shall be in conflict with this act of any part of it shall and are hereby repealed. m< . »>. DaU of effect. This act shall take effect and be in force from and after the 30th day of September, t903. Laws of 1903, art. «», ch. 82, p. I 1.".. 9io. l. Appointment of commissioner; salon/. The office of Pood and Oil Commis- sioner for the State of Wyoming is hereby created. Such Commissioner shall be appointed by the Governor, by and with t he consent of the Senate, and his term of Office Shall be for two years, from the lirst day of April, 1905, and vacancies occur- WYOMING. 697 ring in the office for any cause shall be filled by appointment for the balance of the unexpired term. The salary of the Commissioner shall be 81,200 per annum, together with his actual and necessary expenses incurred in the discharge of his official duty, which shall be paid in the same manner as other State officers. Sec. 2. Duties — inspection, sampling, etc. It shall be the duty of the said Commis- sioner to enforce all laws against frauds and adulteration or impurities in foods, drinks, drugs, or illuminating oils, and unlawful labeling of same; and in the per- formance of such duties said Commissioner and his assistants shall have power to enter into any creamery, factory, store, salesroom, drugstore, laboratory or place of business, or other place where they have reason to believe food or drink is made, prepared, sold or offered for sale, and t<> examine the books, and to examine any cask or package containing, or supposed to contain any article of food, drink or oil, and examine or cause to be examined and analyzed the contents thereof by the State Chemist, or some other competent person under his direction, and he shall at the same time, and in the presence of the person from whom such property is taken, securely seal up two samples of the article seized or taken, one of which shall be tor examination or analysis, under the direction of the Commissioner, and the other of which shall be delivered to the person from whom the articles are taken. Sec. 3. County attorneys to prosecute. It shall be the duty of the County Attorney in any County of the State, when called upon by the Commissioner, to render any legal assistance in his power to execute the laws, and to prosecute cases arising under the provisions of this Act : and all tines and assessments collected in any prosecution begun or caused to be begun under the provisions of this Act shall be paid into the State Treasury. Sec. 4. Office of commissioner. The necessary room or rooms shall be provided for said Dairy, Food and Oil Commissioner in the State Capitol building, which said rooms shall be set apart for his use. S» . 5. Seal. The State Dairy, Food and Oil Commissioner shall keep a seal with which to attest official acts and documents. Sec.*). Annual report The State Dairy, Food and Oil Commissioner shall make an annual report to the < rovernor on or before the 1st day of October of each year, which shall contain itemized statements of all receipts and disbursements, and all persons employed by him, together with such statistics and other matters as he may regard of value to the administration or to the public at large, and said report may be published annually as public documents of the State of Wyoming, as provided by law. Sec. 7. Bond for commissioner . Before entering upon the discharge of his official duties, the State Dairy, Food and Oil Commissioner shall give bond in the sum of two thousand dollars to the state of Wyoming, which shall be approved by 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 performance of the duties of bis office a> the same are prescribed by law; which bond, with his oath of office endorsed thereon, shall be filed with the Secretary of State. B. Repeal. A II acts or parts of acts in con diet with this act, or any pari of it, shall be and are hereby repealed. Sbi . ".». "Effect. This act shall take effect and be in force from and after Approved February L8, 1006. Session Laws of 1905, ch, 19, pp. 89 90. AI.c» >HOLI< BEVI RAGE8 1. Adulteration of spirituous liquors; penalty. Whoever adulterates, for the purpose of sale within the State of Wyoming any spirituous, alcoholic, vinous or malt liquors used or intended for drink or medicinal or mechanical purposes, with ( Soculua- lso i " ueral Food haw b, p. 093. 698 FOODS AND FOOD CONTROL. indieus, vitriol, grains of paradise, opium, alum, capsicum, copperas, laurel water, logwood, Brazil-wood, cochineal, sugar of lead, aloes, glucose, tannic acid, ot any other substance which is poisonous" adulterated or injurious to the health, or with any substance not a necessary ingredient in the manufacture thereof; and whoever sells or offers or keeps for sale any such liquors so adulterated, and whoever 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, and whoever engages in the manufacture and sale of intoxicating liquors and fails to brand on each package containing the same the name of the person or company manufacturing, rectifying, or preparing the same, whether a resident of the State of Wyoming or not, and also the words "containing no poisonous drugs, or other added poison," and any person guilty of violating any of the provisions of this act shall be adjudged to pay in addition to the penalties provided for by this act all necessary costs and expenses incurred in inspecting and analyzing any such adulterated liquors, whether alcoholic, vinous or malt, intended for drink of which said party may have been guilty of adulterating or selling or keeping for sale or offering for sale, shall be fined in any sum not less than twenty dollars nor more than one hundred dollars, or be imprisoned not less than twenty days nor more than sixty days, or both, at the dis- cretion of the court, excepting manufacturers who manufacture and place on sale liquors containing poisons or that are not labelled as provided for in this act, shall be fined not more than one thousand dollars and imprisonment not more than six months nor less than one month. Sec. 2. Adulteration of wines; penalty. It shall be unlawful to adulterate any wine made, or juice expressed, from grapes whether grown within or out of the State of Wyoming, by mixing therewith any drug, 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, and for the purpose of this act, adulterated wine shall consist in wine to which shall be added any glucose, or uncrystalized " grape or starch sugar, or cider, or pomace of grapes out of which the juice has been expressed or extracted known as grape cheese, or any other substance not natural to the pure expressed juice of the grape, excepting that such shall be plainly labeled and placed on the bottle, barrel, cask or container of any kind showing the quantity and qual- ity of such adulteration. Provided, That said adulteration shall not in any way be poisonous or injurious to the public health, and whoever violates this art, whether intentionally or otherwise, shall he lined in any sum not more than three hundred dollars nor less than fifty dollars and imprisoned for not less than sixty days nor more than ninety days and pay the cost of the prosecution. Laws 1903, ch. 82, art. 7, p. 111. (WDY. 2W»s. Addition of injurious ingredients. No person shall by himself, his servant or agent, or as the servant or agent of any person or corporation, manufacture for sale, or knowingly sell or offer to sell any candy adulterated by the admixture of terra alba, barytes, talc or any other mineral substance, by poisonous color or flavor or other ingredients deleterious or detrimental to health. 2<><>D. Penalty. Whoever violates any of the provisions of this chapter, shall he deemed guilty of a misdemeanor, and shall he punished l>\ line not exceeding one hundred dollars nor LeSfi than lilt \ dollars. The candy SO adulterated shall be for- feited and destroyed under direction of the courl in which conviction is had. 2(>70. Prosecution. It is hereby made the duty of the count} and prosecuting attorneys of this state to appear for the state and to attend to the prosecution of all complaints under this chapter in all the courts in their respective e. .unties. Revised Statutes, L899, p. 722. "So in Statute.-. WYOMING. 699 Sec. 1. Adulteration prohibited; penalty. It shall be unlawful for any person or persons, company or companies to manufacture for sale, or sell or offer to sell within the State of Wyoming any substance known as candy which shall be adulterated by the admixture of terra alba, barytes, talc, or other mineral substance, poisonous colors or flavors, or other ingredients, deleterious or detrimental to health. Any person who violates any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding one hun- dred dollars nor less than twenty-five dollars, or imprisonment not exceeding one hundred days nor less than thirty days, or both at the discretion of the court, 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. Laws 1903, ch. 82, art. 5, p. 108. CANNED GOODS. Sec. 1. Goods must be marked with date of canning. After the passage of this act, it shail be unlawful in the State of Wyoming for any packer, wholesale or retail dealer, or any other person who may sell or offer for sale in any respect whatever preserved or canned fruits and vegetables, or other articles of food, unless such articles bear a mark to indicate the grade or quality, together with the name and address of such person, or corporations that packed the same and the date in plain, unmistakable letters and figures, giving the month and year in which said goods were canned. Sec 2. "Soaked" goods, syrup, and molasses must be labeled. That all soaked goods, or goods put up from products dried 1 >efore canning, shall be plainly marked by adhe- sive label, having on its face the words " Soaked" in letters not less in size than two- line pica, of solid and legible type; and all cans, jugs, or other packages, containing maple Symp or molasses, shall be plainly marked by an adhesive label, having on ils face the name and address of the person or persons, firm or firms, corporation or corporations, who made or prepared the same, together with the name and quality of the goods, tin- month and year the same were prepared and canned, in fetters "l the size provided in this act. Sec. •'!. False stamp or label; penalty; prosecution by board of health. Any person or persons, firm or firms, corporation or corporations, agent or servant, who manufac- tures, sells in, or out of the State of Wyoming, or who shall falsely stamp or label Bach cans or jars containing preserved fruit or food of any kind, or knowingly permits such false stamping or labeling, any person or persons, firm or linns, corporation or Corporations, agent or servant, 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 fifty dollars in case of vendors, and in the case of manufacturers, or those falsely or fraud- ulently stamping or labeling Buch cans or jars, a fine of not Less than five hundred dollars nor more than one thousand dollars. And it shall be the duty of any Hoard of 1 lea It h of the State of Wyoming, or any other authorized person or persons, cogni- zant of any violation of this act, to prosecute, or cause to be prosecuted, any person or- persons, agent or servant, firm or firms, corporation or corporations, which it has reason to believe has or are violating any of the provisions of this act, and such per- son or persons, agent or servant, firm or firms, corporation or corporations, which have been found guilty of violating this act. shall. In addition to the fine imposed hereby, be liable for the cost of trial and conviction, and all moneys collected by such lines, after deducting the expense thereof, shall be covered into the general fund of the State. Laws, L903, ch. 82, art 6, p. LOB. 700 FOODS AND FOOD CONTROL. DAIRY PRODUCTS. Bb . 1. Imitation butter or cheese must be labeled. It shall be unlawful for any person to sell, expose or offer for sale, or exchange within the State of Wyoming any sub- stance 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, printed, stamped, stenciled or marked thereon the true name of such sub- stance 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 dis- pose of in any manner to another, any such substance without delivering with each amount sold or disposed of, a label on which is plainly or legibly printed in ordinary bold-faced capital letters, as above described, the true name of such substance, and also the name of such articles used and entering into the composition of such sub- stance in ordinary bold-faced letters, if the same be not math' wholly from pure milk or cream, salt and harmless coloring matter and the words " butter," "creamery," or "dairy " or any word or combination of words embracing the same, shall not be placed on any vessel, package, roll or parcel containing any imitation dairy product or substance not wholly made from pure milk or cream, salt and harmless coloring matter. Sec. 2. Manufacture of imitation l/utter or cheese prohibited ; "shimmed cliecse." It shall be unlawful for any person or persona within the State of Wyoming to manu- facture 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 color- ing matter, any article designed to be sold as butter or cheese made from pure milk oi- cream, salt and harmless coloring matter, but nothing in this section shall prevent the use of pure skimmed milk in the manufacture of cheese, provided said cheese is properly labeled showing that it is made from skimmed milk. SEC. 3. Falsely branded products. It shall be unlawful for any person within the State of Wyoming to sell, exchange or offer for sale or exchange or dispose of, or have in his possession, any substance or article made in imitation or semblance of or as a substance" for any dairy product which is falsely branded, stenciled or marked as to the place where made, the name or cream value thereof, its composition or ingredients, or in any other respect. Sec 4. Falsely packed products. It shall be unlawful for any person or persons, company or companies within the State of Wyoming to pack, box, inclose, ship, con- sign, or convey any substance, butter or cheese, purporting to have been 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. Sec 5. Sale of " skimmed " milk regulated. It Bhall be unlawful tor any person or persons, whether residing in or out of the Shite of Wyoming, to sell in the said State to any person, persona or company, or to deliver or carry, or cause to be carried to any cheese or butter- manufactory to be manufactured, any milk diluted with water or in any way adulterated, oc from which any cream has been taken, or milk com- monly know u as "skimmed milk," or milk from [which] the part know n as " strip- ping" has been taken or withheld, or keep or renders auv false account of quantity or weight of milk furnished at of to any factory for manufacture or sold to any manu- facturer except that it be properly labeled and reported in accordance with iis true character and value. hi Statutes. WYOMING. 701 Sec. 6. Care of cows. No person shall keep cows for the production of milk for any purpose, in a cramped or unhealthy condition, or feed them on unhealthy or unnatu- ral food or upon food that produces impure, unhealthy or unwholesome milk. Sec. 7. Condensed milk; labels; standard. It shall he unlawful for any person within the State of Wyoming to manufacture, Bell, exchange, expose or offer for sale or exchange, any condensed milk unless the package, can or vessel containing the the same shall be distinctly labeled, stamped or marked with its true name, brand, by whom [manufactured] and the date of manufacture, 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 contained in the condensed milk shall be in amount the equivalent of 12 per centum of milk solids in crude milk, and of such solids, 25 per centum shall be fat. Sec. 8. Adulterated or imitation butter and cheese prohibited ; exemptions. It shall be unlawful for any person by himself or his agent or his employe within the State of Wyoming to render or manufacture for sale out of animal or vegetable oils not pro- duced from unadulterated milk or cream from the same, any article in imitation or semblance of natural butter or cheese produced from 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 or vegetable oils not produced from milk or cream, so as to produce any article or substance, or any human food, in imitation of natural butter or cheese, nor shall sell, keep for sale, or offer for sale any article, sub- stance or compound made, manufactured or produced in violation of the provisions of this act, whether such article or articles, substance or compound shall be made or produced in this State or elsewhere. It is further provided that nothing in this act shall be construed to prohibit the manufacture or sale of oleomargarine or butterine in a separate and distinct form and the sale of such duly and properly labeled and in such manner as will duly advise the consumer of its real character and in no way to cause him to believe it to be pure butter as defined by this act. Si:c 9. Oleomargarine mnl butterine defined. The words "oleomargarine" or "but- terine" as used in this act shall be construed to mean any substance not pure butter, of not less than 80 per cent, butter Eats, which substance is made as substitute for, but not in imitation of, or in any sense to be used as butter. Bbc. lo. Penalties. Any person or persons violating any of these provisions of the sections of this act pertaining to dairy products shall, upon conviction thereof, be fined not less than titty nor more than two hundred dollars for the first offense, and for each subsequent offense not less than one hundred nor more than five hundred dollars, and be imprisoned not less than ten days nor more than ninety days, «>r both. haws 1903, eh. 82, art. 2, p. 105. BBC. 1. Filled and skimmed cheese. It shall be unlawful for any person or his agent or agents within tin- State of Wyoming to sell, expose for Bale or have in his posses- sion with intent to sell any article, substance or compound made in imitation or Semblance of cheese, or a- a substitute for cheese, and not made exclusively or wholly of milk or cream, with salt, rennet, and with or without harmless coloring matter, or containing any fats, oils or grea-e not produced from milk <>r cream, or shall have the words "tilled cheese" or anything thai will tend to deceive the public or to make believe that said cheese lias been made wholly from milk or cream, w ith salt) rennety and with or without harmless coloring matter, and when made to con tain less than twenty per cent, or" pure butter fat. it -hall be -tamped with the words a Statutes. 702 FOODS AND FOOD CONTROL. . "Skimmed Cheese" and duly labeled, or marked, in printed letters or plain, uncon- densed Gothic type, not less than one inch in length, and so that the words cannot easily be defaced, and upon the side of every cheese, cheese cloth or band upon the game, upon the top and side of every tub, tirkin, box or package containing any such article, substance or compound. And when such article is sold at retail, it shall be the duty of said retail dealer, or his agent, to so mark each broken package a- to convey to the purchaser its real name and true condition. Sec. 2. Penalty. 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," "skimmed cheese" or any substance made in imitation of or semblance of cheese, or as a substitute for cheese, not made wholly of milk or cream, with salt, rennet and with or without harmless coloring matter, or having been labeled in accordance with this act, shall be punished by a fine of not less than fifty nor more than one hundred dollars, or imprisoned at hard labor not less than ten days nor more than thirty days for the first offense and by a fine of not Less than one hundred dollars nor more than two hundred dollars, or imprisoned at hard labor for not less than twenty nor more than sixty days or both, for each sub- Beqnent offense. Laws, 1903, eh. 82, art. 3, p. 107. B«c. 1. Adulterated or unwholesome mdk. It shall be unlawful for any person or persons, agent or agents, or as the servant or agent or any other person within the State of Wyoming, to sell, exchange, or deliver, or have in his custody or possession with intent to sell or exchange or expose, or offer for sale or exchange, adulterate. I milk, or milk to which w r ater or any foreign substance, acid or so-called preservative has been added, or milk from diseased or sick cows. Sec. 2. Standard; preservatives prohibited; penalty. In all prosecutions under this act, if the milk is shown upon analysis, by a competent chemist, to contain more than eighty-eight per centum of watery fluid, or to contain less than twelve per cent, solids, not less than one-fifth of which must be fat, it shall be deemed, for the purpose of this act, to be adnlterated, and not of good standard quality, except during the months of May and June, when milk containing less than eleven and one-half per cent, of milk solids shall be deemed to be not of good quality. And any milk found to contain salicylic acid or other preservatives known to be injurious to health, shall be deemed adulterated, and any person or persons, company or companies, agent or servant thereof, who shall be found guilty of selling such milk shall be punished by a line of not less than fifty dollars nor more than two hundred dollars for the first offense, and for the second offense by a tine of not less than one hundred dollars nor mote than three hundred dollars, or by imprisonment at hard labor for not less than thirty days nor more than sixty days, and lor all Subsequent offenses by a line of fifty dollars or by imprisonment at hard labor for not less than sixty days nor more than ninety daj b Laws, L903, ch. 82, art. 4, p. 10*. MAPLE PBODUCT8. Skc 13. Standard maple tugar and ayrup; penalty. For the purpose of this act maple sugar, and maple Byrup, shall he the unadulterated product produced by the evaporation of pine sap from the maple or BUgai tree. The standard of weight of a gallon Oi BUCh maple Byrup of 231 CUbiG inches in the State <»i' Wyoming, shall he eleven pounds. Ami" other snbstame mixed w ith the maple BUgai or maple s\ nip or any other snhstanee purporting to be maple sugar or maple syrup shall he deemed to he an adulteration within the meaning of the laws of the State of Wyoming, " So in Statutes. WYOMING. 703 providing against the adulteration of foods, drugs, and drinks, and such party who makes or offers for sale such adulterated sugar or syrup shall be deemed guilty of a misdemeanor and fined as herein previously provided for.« Laws, 1903, ch. 82, art. 1, p. 105. MEAT. Sec. 11. Diseased or unwholesome provisions; age of calves for killing. Whoever sells or offers for sale within the State of Wyoming or has in his possession with a view to sell any kind of diseased, corrupted, adulterated or unwholesome provisions, whether 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 has in his 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 guilty of a misdemeanor, and when found guilty fined as hereinbefore prescribed. a Sec. 12. Feeding offal to animals prohibited. Whoever feeds swine or animals of any kind used for human food, the flesh of any old horse, or the flesh of any animal, whether old or young, infirm or sick, or of one that has died from any cause, or of any offal or flesh of diseased animals, shall be deemed guilty of a misdemeanor and subject to the penalty hereinbefore prescribed in this act.« Laws, 1903, ch. 82, art. 1, p. 104. VINEGAR. Sec. 4. Vinegar standards; fermented and distilled vinegar. This act shall also cover and be in force against any person or persons, firm or firms, or manufacturing estab- lishment for the manufacture of or sale, or exposing for sale or selling, or having in his possession with intent to sell, or delivering to any person any vinegar not in com- pliance with the provisions of this act, and 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 such 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 centum, by weight, of cider-vinegar solids upon full evaporation at the temperature of boiling water, and providing also that all vinegar made by fermentation and oxidation without the inter- vention of distillation shall be branded "Fermented Vinegar" with the name of the Emit 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 dis- tilled vinegar shall be free from coloring matter added during or after distillation and from color other than that imparted to it by distillation. And that all fermented vinegar not distilled shall contain not less than two per centum, by weight, upon full evaporation, at the temperature of boiling water, of BOlids, contained in the fruit Of 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 the said vinegar is manufactured. And further that all vinegar shall be made wholly from the fruit or grain from which it purports to have been made or is represented to be made, and shall contain not less than four per centum by weight of absolute acetic acid, which shall not be contaminated by any foreign Bubstance. Sec. 5. Adulterated vinegar prohibited; brands. No person Bhall manufacture for sale, offer for sale, or have in his possession with intent to sell within the State "i Wyoming, any vinegar found, upon proper test, to contain any preparation of lea. I, copper, sulphuric or other mineral add or other ingredients injurious to health, and 'Ait. l, sec 10, p. 095, 704 FOODS AND FOOD CONTROL. all packages containing vinegar shall be branded on the head of the cask, barrel, keg, or jug, or any other container containing such vinegar or if sold in other packages that each package be plainly marked with the name and residence of the manufac- turer, together with the brand required in the provisions of this act 6. Brands for cider and fruit vinegar. Every person making or manufacturing cider vinegar, who is not a domestic manufacturer of cider or cider vinegar, shall brand on each container, whether cask, barrel, keg or other container containing such vinegar, the name and residence of the manufacturer, the date when the 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 fruits. Provided, That nothing in this act shall be construed to prevent any farmer from manufacturing for his own private use or offering for sale not to exceed twenty-live barrels in any one year, pure cider or other fruit vinegar, branding the same "domes- tic cider vinegar," with name and date of manufacture, and when so branded shall be sufficient guarantee of its purity. 7. Penalties. Whoever violates any of the provisions of this Article 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 inspecting and analyzing such vinegar. Laws, 1903, ch. 82, art. (i, p. 109. o