SEC. 32. Penalty. Any person violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be sentenced to pay a fine of not less than fifty dollars nor more than three hundred dollars, or by imprisonment in the county jail for a period not to exceed six months, or by both such fine and imprisonment.-Mill's Annotated Statutes (Supplement), 1891–1896, p. 109. SEC. 33. Justices of the peace have jurisdiction. Justices of the peace shall have jurisdiction for any violations of sections 1 (27), 2 (28) and 4 (30) of this act, to try the same, and impose sentence as herein provided; but where the complaint shall be a violation of section 5 (31) of this act, the party, upon hearing, if not discharged, shall be held to bail or committed to jail until the next term of the district court of the proper county, to answer to an indictment.

SEC. 34. Fines paid to complainant. For the period of two years, and until otherwise provided by law, all moneys collected for fines, for violation of any of the provisions of this act, shall belong and be paid to any person who shall make complaint, furnish the necessary evidence, and, as prosecuting witness, prosecute the offender to conviction. The district attorney, or his deputy, in the judicial district wherein such violation was committed, shall appear and prosecute in all cases arising under this act, and shall have the usual statutory fees, as in other cases.-Mill's Annotated Stat., 1891, vol. 1, p. 404.

DAIRY PRODUCTS.

8. Appointment of dairy commissioner; salary; reports. The governor, by and with the advice and consent of the Senate, shall appoint a commissioner, who shall be a practical dairyman, actually engaged in the business and who shall be at the time of his appointment and for at least one year preceding his appointment known as the Colorado State dairy Commissioner, who shall be a citizen of the State, and who shall hold his office for the term of two years, or until his successor is appointed and qualified; and who shall receive the sum of twelve hundred dollars ($1,200) per year, payable monthly. Said commissioner shall be appointed within ten days after the passage of this act, and shall be charged, under the direction of the governor, with the enforcement of the various provisions thereof; said commissioner may be removed from office for cause, to be assigned by the governor, and his successor appointed as above provided for. Said commissioner shall make semi-annual reports to the governor, not later than June 20, and December 20, of each year, of his work and proceedings, and the Secretary of State shall furnish said dairy commissioner with a proper office, office furniture and all stationery etc., necessary to the proper conduct of said office.

Sa. Deputy; chemist. The said commissioner shall have the power to appoint a deputy, whose salary shall not exceed one thousand dollars ($1,000) per year, to be paid monthly. He is also authorized and empowered, by and with the consent and approval of the governor, to employ a practical chemist, who shall receive ten dollars for each day necessarily engaged.

Sb. Traveling expenses. Said commissioner and his deputy shall be entitled to their necessary and actual traveling expenses incurred in the discharge of their official duties, to be paid at the end of each calendar month upon duly certified and itemized bills, to be approved by the governor.

Sc. Manufacture and sale of butter and cheese. Every person, who by himself or by his agents or servants, shall render or manufacture, sell, offer for sale, expose for sale, or have in their possession with intent to sell or use or serve to patrons, guests, boarders or inmates in 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 oleaginous substance or compound thereof not produced directly and at

the time of manufacture from unadulterated milk or cream from the same, which shall be in imitation of cheese or yellow butter produced from pure unadulterated milk or cream from the same; shall be deemed guilty of a misdemeanor and punished as hereinafter provided; Provided, That nothing in this act shall be construed to prohibit the manufacture or sale of oleomargarine or filled cheese 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 look like cheese or yellow butter.

Sd. Branding of cheese. Every person who shall at any cheese factory in the state, manufacture cheese and shall fail, at the factory where it was made, to distinctly and durably stamp on the bandage every such cheese, and on the box containing the same, in full faced capital letters, the grade of the same, as "Colorado full cream,' "skim," or "imitation" cheese as hereinafter defined, shall be deemed guilty of a misdemeanor and punished as hereinafter provided. Brands and stencils for stamping shall be procured of the state dairy commissioner.

Se. Grading of cheese. The state dairy commissioner is hereby authorized to issue to each cheese factory in the state, upon proper application therefor, uniform stencils or brands to be used as hereinafter a provided, in section 5 [8d]. All cheese containing not less than 35 per cent of butter fat in comparison with the total solids shall be branded "Colorado full cream cheese." All containing less than the above prescribed amount of fat shall be branded "skim cheese." All cheese into which any foreign fats or other oleaginous substance or substances or the fats from stale, rancid, foul or impure butter have been introduced shall be branded “imitation cheese.” Sf. Record of cheese brands. The State dairy commissioner shall issue the brands provided for in section 6 [8c] upon proper application therefor, and shall keep a book in his office, which book shall contain a record of the number of each brand issued, and the names and location of the factory receiving the same; and no factory other than the one to which such brand is issued shall use the same.

Sg. Power to collect evidence. The Colorado dairy commissioner shall have power, in the discharge of the duties of his office, to examine under oath or otherwise any person whom he may believe has knowledge concerning the sale or use of imitations of butter or cheese; he is empowered to issue any subpoena requiring the appearance of witnesses and the production of books and papers, and administer oaths with like effect as is done in courts of law in this State; and it shall be the duty of any district court or the judge thereof, or county court or judge thereof, upon application by said commissioner, to issue an attachment for such witnesses, and compel him or them to attend before the commissioner and give testimony upon such matters as he or they shall be lawfully required by such commissioner; and said court or judge shall have power to punish for contempt as in other cases of refusal to obey the order and process of the court.

Sh. Inspection of milk and prosecution of law breakers. Inspectors of milk in cities and corporated towns and the Colorado State dairy commissioner, or his deputy, shall, and any other person who knows the facts may, institute complaint before any justice of the peace, or county court, and the district attorney or his deputies shall file information in the district court, for the violation of the provisions of this act, whenever they have reasonable cause to believe that any of its provisions have been violated, and it shall be the duty of the district attorney or his deputies to prosecute any such complaints or informations to conviction in the courts where the same may have been instituted.

9. Analysis. It shall be the duty of said dairy commissioner or his deputies, or any inspectors of milk in cities, to enter all places where they have good reason to believe that butter or cheese or imitations thereof may be stored or kept for sale, or

a So in statutes.

kept for the purpose of being offered for the use of patrons or customers, and to take samples of suspected butter or cheese or the imitation thereof, and cause them to be analyzed, or otherwise satisfactorily tested, by a practical chemist, and such analysis or test shall be recorded and preserved as evidence; and the certificate of such result, sworn to by such chemist, shall be admitted in evidence in all prosecutions under this act: Provided, That the person accused may by subpoena compel the attendance in court of such chemist; the expense of such analysis or test to be determined by the court, not exceeding twenty dollars in any one case, may be included in the cost of such prosecution.

9a. Interference. Whoever hinders or obstructs or in any way interferes with the said dairy commissioner or his deputies, or with such inspectors of milk, in the performance of his or their duty, as aforesaid, shall be punished by a fine of fifty dollars for the first offense, and one hundred dollars for each subsequent offense, and stand committed to the county jail till such fine is paid, as provided by law.

9b. Penalty. Whoever violates any of the provisions of sections 4 [8c] and 6 [8e] of this act shall be punished by a fine of not less than one hundred dollars, nor more than five hundred dollars, and shall stand committed to the county jail until such fine is paid, as provided by law, or by imprisonment in the county jail for a term not exceeding one year.

9c. Pre-existing violations of laws. This act shall not be construed to impairor prevent the prosecution and punishment of any violations of law existing at the time of its passage and committed prior to its taking effect.

9d. Fines. All fines imposed by this act, or by the authority thereof, shall be paid, when collected, into the general school fund of the county wherein the conviction shall be had.

9e. Appropriation for salaries, etc. There is hereby appropriated out of money in the State treasury, not otherwise appropriated, the sum of four thousand dollars ($4,000), or so much thereof as may be necessary for the purpose of paying the salaries and expenses of the State dairy commissioner, deputy dairy commissioner, as follows: For the salaries and expenses of said State dairy commissioner, deputy dairy commissioner, for the year 1895, the sum of two thousand dollars ($2,000). For the salaries and expenses of said State dairy commissioner, deputy dairy commissioner, for the year 1896, the sum of two thousand dollars ($2,000).-Mill's Annotated Statutes (Supplement), 1891–1896, pp. 102–106.

SEC. 11. Adulterated milk; penalty. Whoever shall, for the purpose of sale for human food, adulterate milk with water or any foreign substance, or whoever shall knowingly sell for human food milk from which the cream has been taken without the purchaser thereof being informed or knowing the fact, or whoever shall knowingly sell for human food milk from which what is commonly called "strippings” has been withheld without the purchaser thereof being informed or knowing the fact, or whoever shall knowingly sell for human food milk drawn from a diseased cow, knowing her to be so diseased as to render her milk unwholesome, or whoever shall knowingly sell for human food milk so tainted or corrupted as to be unwholesome, or whoever shall knowingly supply or bring to be manufactured into any substance for human food to any cheese or butter factory or creamery without all interested therein knowing or being informed of the fact milk which is adulterated with water or any foreign substance, or milk from which cream has been taken, or milk from which what is commonly called "strippings" has been withheld, or milk drawn from a diseased cow, knowing her to be so diseased as to injure her milk, or milk so tainted or corrupted as to be unwholesome, or whoever shall knowingly add any foreign substance to the milk or cream whereby it or the products thereof shall

become unwholesome for human food, shall be guilty of an offense, and on conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the penitentiary not exceeding one year, or both such fine and imprisonment.-Mill's Annotated Statutes, 1891, vol. 1, p. 399.

3597p. Sale of impure and unwholesome milk. It shall be unlawful for any person, either by himself or his agent, to sell or expose for sale within the State of Colorado any unwholesome, watered or adulterated or impure milk, or swill milk or colostrum, or milk from cows kept upon garbage, swill or any substance in a state of fermentation or putrefaction, or other deleterious substances, or from cows kept in connection with any family in which there are infectious diseases. The addition of water or ice to the milk is hereby declared an adulteration.

3597q. Penalty. Any person who shall violate any of the provisions of the preceding section shall, upon conviction, be punished by a fine not to exceed one hundred dollars, or by imprisonment not to exceed three months, or by both such fine and imprisonment, in the discretion of the court.

3597r. Inspectors. Authority is hereby given the Board of Health of any county, city or town, to appoint an inspector of milk in any such city or village, and to fix their (his) compensation, and when appointed said inspectors shall perform all the duties required of inspectors as provided herein, and such other powers and duties as may be confered (conferred) or imposed by the ordinances of said cities or villages. 35978. Skimmed milk. Any dealer in milk who shall by himself, or by his servant, or agent, sell, exchange or deliver, or have in his custody or possession with intent to sell or exchange the same, or exposes or offers for sale as pure milk any skimmed milk, from which, the cream or part thereof has been removed, shall be guilty of a misdemeanor, and shall for such offense, be punished by the penalty provided in the preceding section.

3597t. Manufacture and sale of adulterated butter. Every person who shall manufacture for sale, or who shall offer or expose, for sale, by the tub, firkin box or package or any greater quantity, any article or substance in semblance of butter not the legitimate product of the dairy, and not made exclusively of milk or cream, but into which the oil or fat of animal enot (not) produced from milk enters as a component part, or into which melted butter or any oil thereof has been introduced to take the place of cream, shall distinctly and durably stamp, brand or mark upon the top and also upon the side of every such tub, firkin, box or package of such article or substance the word "Oleomargarine" where it can be plainly seen in Roman letters which shall be burnt on, or printed therein with permanent black paint, in a straight line, and each letter shall not be less than one inch in length: and in case of retail sales of such article or substance, in parcels; the seller shall, in all cases, sell or offer for sale from a tub, firkin, box or package, stamp branded or marked as herein stated and shall also deliver therewith to the purchaser a printed label bearing the plainly printed word "Oleomargarine" or Butterine" as the same may be, with the name of the manufacturer, in Roman letters not less than one half inch in length, which shall be printed in a straight line, and every sale of such article or substance by tub, firkin, box or package or in any greater quantity not so stamped, branded or marked as "Oleomargarine or Butterine" as the same may be, and every sale of such article or substance at retail in parcels that shall not be sold from a tub, firkin, box or package so stamped, branded or marked, or without delivery of a label therewith as above stated, is declared to be unlawful and void, and no action upon any contract shall be maintained in any of the courts of this state to recover upon any contract for the sale of any such article or substance not so stamped, branded marked labeled or sold. --Mill's Annotated Statutes (Supplement), 1891-1896, pp. 946–948.

46

CONNECTICUT.

The dairy commissioner is charged with the enforcement of a portion of the food and drug laws, and the State experiment station with the examination of samples. The State experiment station is also authorized to establish standards of purity, quality, or strength, when such standards are not specified by law.

In response to a letter of inquiry, Mr. J. B. Noble, the dairy commissioner of the State of Connecticut, writes as follows:

I have examined proof you sent of the food laws of the State of Connecticut and find no mistakes to be corrected. The pure-food law which I marked (chapter 235 of the Public Acts of 1895. See pp. 55 and 56) is the one under which the most of the general work is done. This is under the charge of the experiment station in New Haven, in connection with the dairy commission. The dairy commissioner has charge of all prosecution under this law.

The imitation-butter law, vinegar and molasses law, are special laws, and under the direct charge of the dairy commission. The other laws I have no connection with and can not speak officially as to the work carried on in connection with them. Dr. E. H. Jenkins, director of the State experiment station, writes as follows:

At the beginning of the food report for 1900 (see below) you will find a discussion of certain defects of the law, and I have nothing to add to the memoranda there given. Regarding the food laws of Connecticut, as given in your schedule, I have never heard of any prosecutions brought under sections 2648, 2649, and 2650. They have always been dead letters. I have never heard of any prosecutions under the laws relating to alcoholic beverages, candy, or dairy products. The trouble with these laws has been that it has not been made the business of anyone to enforce them. The laws regarding vinegar, butter, and molasses have been pretty well enforced.

The discussion of defects in the Connecticut law, referred to above, occurs in the letter of submittal of the fifth annual report of the experiment station on food products. It is as follows:

It may not be inappropriate in this connection to call attention to certain defects in the food law of Connecticut, which the experience of the last five years has made apparent, and to suggest some changes which would remedy these defects and thus better protect the public against frauds in food.

1. After "fully," in the second line from the end of section 2, as it is printed on page 108 of this report, insert the words and conspicuously. The manufacturers of "mixtures" and "compounds" quite commonly print on the package or label, in type so small as to be scarcely legible, or in a place not likely to catch the eye of the buyer, those words which the law requires, but which the venders do not wish to have seen.

2. The last five paragraphs of section 3 tend to favor the misbranding or adulteration of food products, being, in fact, contrary to other specifications in sections 2 and 3. For instance, in regard to paragraph (a), there are a considerable number of