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cheese is offered or exposed for sale or sold cards upon the face of which is distinctly and legibly printed in the English language and in letters of sufficient size to be visible from all parts of the room the words "Skim cheese sold here."

Any person or firm violating any of the provisions of this section shall be Penalty. deemed guilty of a misdemeanor, and upon conviction shall be subject to a fine of not less than twenty-five dollars nor more than one hundred dollars, or to imprisonment for not less than thirty nor more than ninety days for each offense: Provided, That nothing contained in this section shall be deemed to conflict with section six of said chapter two hundred and forty-seven.

SEC. 18. In all prosecutions under this act the cost thereof shall be paid in the manner now provided by law and the rest placed to the credit of the State dairy and food commissioners' fund.

GENERAL LAWS OF 1891, Chapter 11.

AN ACT relating to the sale of imitation butter. (Approved April 21, 1891.)

SECTION 1. Whoever, by himself or his agent, Butter substitutes shall be colored bright shall sell, expose for sale, or have in his possespink; penalty. sion with intent to sell, any article or compound made in imitation of butter, or as a substitute for butter, and not wholly made from milk or cream, and that is of any other color than bright pink, shall be subject to the payment of a penalty of fifty dollars, and for a second and each subsequent offense a penalty of one hundred dollars, to be recovered with costs in any court in this State of competent jurisdiction.

SEC. 2. Samples or specimens of any articles in imitation of Analyses of samples. butter, suspected of being of a spurious character, shall be analyzed or otherwise satisfactorily tested as to color and compounds; and a certificate of the analysis, sworn to by the analyzer, shall be admissible as evidence in all prosecutions under this act.

Possession evidence of guilt. SEC. 3. The having in possession by any person or firm of any articles or substance prohibited by this act shall be considered prima facie evidence that the same is kept by such person or firm in violation of the provisions of this act, and the State dairy and food commissioner shall be authorized to seize upon and take possession of such articles or substance, and upon the order of any court which has jurisdiction under this act he shall sell the same for any purpose other than to be used for food. The proceeds derived from fines and the sale of imitation butter shall be paid into the State treasury to be placed to the credit of the State dairy and food commissioner's fund.

Proceeds from fines and sales of imitation butter.

Butter defined. SEC. 4. For the purpose of this act the term butter shall be understood to mean the product usually known by that name, and which

is manufactured exclusively from milk or cream, or both.

GENERAL LAWS OF 1887, Chapter 141.

AN ACT to prevent fraud in dairy products and to preserve health.

"Quinness patent" and other adulterated butter to be marked.

SECTION 1. Any person or firm who shall make or manufacture imitation butter, or butter made of part cream and part casein and other ingredients under what is known as the "Quinness patent" or process, or any other similar process, whereby the casein of milk and other ingredients are made to imitate and resemble genuine butter made from cream, shall stamp each package of the same on the top and sides with lampblack and oil the words “Patent butter" in letters at least one-fourth of an inch wide and one-half of an inch long. Whoever violates the provisions of this section is guilty of a misdemeanor, Penalty. and shall be punished for each offense by a fine of not less than twentyfive dollars nor more than one hundred dollars.

Printed card to purchaser. SEC. 2. Whoever sells or offers for sale any imitation or patent butter, as described in section one of this act, shall give to each purchaser of said goods a printed card stating correctly the different ingredients contained in the said compound.

Penalty.

Whoever violates the provisions of this section is guilty of a misdemeanor, and shall be punished for each offense by a fine of not less than twentyfive dollars nor more than one hundred dollars.

GENERAL LAWS OF 1895, Chapter 202.

Milk vessels from trains and boats

to be cleaned.

AN ACT to preserve the public health by requiring dealers in certain cases to empty and wash cans, bottles, and vessels used in transporting milk or cream. (Approved April 25, 1895.) SECTION 1. Any person or persons, firm or corporation who receives any milk or cream, in cans, bottles. or vessels. which has been transported over any railroad 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 contained therein shall become sour, and shall cause the said cans, bottles, and vessels to be immediately washed and thoroughly cleansed and aired.

SEC. 2. Whoever violates any of the provisions of this act shall be deemed Penalty. guilty of a misdemeanor, and shall be punished by a fine of not less than twenty-five dollars or more than fifty dollars, or by imprisonment of not less than fifteen or more than thirty days for the first offense, and by imprisonment of sixty days for the second and each subsequent offense.

SEC. 3. It shall be the duty of the State dairy Powers of State dairy commissioner and food commissioner and his assistants, experts, chemists, and agents by him appointed, to

and his assistants.

enforce the provisions of this act.

Disposition of fines.

SEC. 4. In all prosecutions under this act the costs thereof shall be paid in the manner now provided by law; and such fines shall be paid into the State treasury and placed to the credit of the State dairy and food commissioner's fund.

In effect.

SEC. 5. This act shall take effect and be in force from and after its passage.

GENERAL LAWS OF 1895, Chapter 203.

AN ACT relating to the inspection of milk and of dairies and dairy herds, and to provide for the licensing and regulation of the sale of milk in cities. (Approved April 26, 1895.)

SECTION 1. The city council of any city may by ordinance provide

Dairy inspection. for the inspection of milk and of dairies and of dairy herds kept

for the production of milk within its limits, and issue licenses, for which no fee shall be charged, for the sale of milk within its limits and regulate the same, and may authorize and empower the board of health to enforce all laws and ordinances. relating to the production and sale of milk and the inspection of dairies and dairy herds producing milk for sale or consumption within such city, and to appoint such inspectors, experts, and chemists as are necessary for Inspectors, experts, etc. the proper enforcement of such laws and ordinances, their compensation to be fixed by the city council; and such inspectors, experts, and chemists shall be possessed of such necessary power within the limits of such city as shall be prescribed by ordinance, but no such ordinance shall conflict with any law of this State.

SEC. 2. Nothing in this act contained shall affect or interfere with any of the powers and duties conferred upon the State dairy and food commissioner or his deputies and agents by any law of this State.

In effect.

SEC. 3. This act shall take effect and be in force from and after its passage.

MISSISSIPPI.

LAWS OF 1882, Chapter 50.

AN ACT to regulate the sale of oleomargarine and to promote the public health. (Approved March 9, 1882.)

Sale of oleomargarine, etc.; brand required. SECTION 1. That every person dealing in oleomargarine, or any other similarly manufactured butter, in this State, before offering the same for sale, shall distinctly and plainly mark or brand each package or parcel oleomargarine, or with whatever name it may be known, and shall offer and sell same by and according to its mark or brand.

Privilege tax of $50.

SEC. 2. That every such person, before offering for sale the article of butter named in section one of this act, shall pay a privilege tax of fifty dollars, and any person selling or offering for sale the same,

before complying with the provisions of this act, upon conviction before a justice of the peace, shall pay a fine of not less than twenty-five nor more than Penalty. one hundred dollars for each and every offense, the same to be paid into the county treasury.

effect.

SEC. 3. That this act take effect and be in force from and after its passage.

PRIVILEGE TAXES and other revenue laws in force 1898, chapter 5.

AN ACT creating privilege taxes on certain industries in Mississippi, and repealing all laws in conflict with same.

SECTION 1. That a tax on privileges is levied as follows:

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Oleomargarine tax.

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On each vender of oleomargarine or similar manufactured butters, five dollars. And this shall apply even though the party has paid a tax as other dealers.

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Confining or milking the cow of another. SECTION 1187 (2912). Any person who shall milk the cow of another, knowingly, without his consent, or who shall pen or confine by any means any milch cow, or the calf of any such cow, not his own, with intent to procure milk from such cow, without the consent of the owner, shall, on conviction, be fined not more than one hundred dollars, or by imprisonment in the county jail not more than three months, or both; and proof that anyone penned or confined any cow or her calf not his own shall be deemed prima facie evidence of an intent to procure milk in violation of this act.

MISSOURI.

LAWS OF 1891, page 163.

AN ACT to empower cities and towns, by ordinance, to license and regulate milk dairies and the sale of milk, and provide for the inspection thereof, and to repeal an act entitled "An act to prevent the adulteration of milk and cream in all cities that now have or may hereafter have a population of three hundred thousand inhabitants or over," approved June 14, 1889. (Approved April 18, 1891.)

Power of cities and towns over dairies, etc. SECTION 1. All cities and towns in the State shall have power, by ordinance, to license and regulate milk dairies and the sale of milk, and provide for the inspection thereof. SEC. 2. An act entitled "An act to prevent the adulteration of milk Repealing clause. and cream in all cities that now have, or may hereafter have, a population of three hundred thousand inhabitants or over," approved June 14, 1889, and incorporated in the Revised Statutes of Missouri for A. D. 1889, as sections 5658 to 5670, inclusive, article 4, chapter 87, is hereby repealed.

LAWS OF 1897, page 104.

AN ACT requiring the branding or labeling of skim-milk cheese when offered for sale.

(Approved March 24, 1897.)

Cheese not made from pure milk to be branded. SECTION 1. No person or persons, corporation, company, or other association or congregation of individuals shall manufacture, sell, or offer for sale, directly or indirectly, at retail or at wholesale in this State any article to be known or denominated cheese not made from pure cream or unskimmed milk or cream of the milk, unless such person or persons, corporation, company, or association of individuals manufacturing the same, or offering the same for sale, or selling the same, shall brand or label such cheese or article so offered for sale denominated a cheese, with black letters not less than one inch in length, in a conspicuous place and of large size, in the English language, as follows: "Skimmed-milk cheese," or with the words "Not full-cream cheese," giving the true name of such article called cheese so manufactured or offered for sale, clearly and indelibly branded, marked, or labeled thereon, so that the same can be distinctly read and fully comprehended, at all stores or places or factories where the same may be offered for sale.

SEC. 2. All cheese manufactured, sold, or offered for sale in Full-cream cheese defined. this State at retail or wholesale made from milk or cream of same, which tests not less than three per cent of butter fat, shall be deemed to be a full-cream cheese; and all cheese manufactured, sold, or offered for sale at Skimmed-milk cheese defined. any place or in any manner by any person or persons in this State at retail or wholesale made from milk or cream of same testing less than three per cent of butter fat, shall be deemed "skimmedmilk cheese," or cheese not made from pure unskimined, unadulterated milk or cream of same.

SEC. 3. Any person or persons who shall violate any of the provisions of Penalty. sections 1 or 2 of this act shall be deemed guilty of a misdemeanor, and shall, on conviction thereof in any court of competent jurisdiction, be confined in the county jail not exceeding one year, or fined not less than $10 nor exceeding $500, or both.

Shippers must label. SEC. 4. No person, by himself or another, shall ship, consign, or forward by any common carrier, whether public or private, any substance designed to be used as a cheese not made from pure unskimmed milk, or cream of the same, testing at least three per cent butter fat, unless such cheese is marked or labeled "Skimmed-milk cheese," or with the words "Not full-cream cheese," labeled thereon: Provided, That this act shall not apply to any goods in transit between foreign States across the State of Missouri. Any person Penalty. violating this section shall be deemed guilty of a misdemeanor, and, upon conviction, shall be fined a sum not less than $10 nor more than $500. No action for sale. SEC. 5. No action can be maintained on account of any sale or other contract made with the manufacturer or person offering any cheese for sale, in violation of or with intent to violate this act, by or through any person who is knowingly a party to such wrongful sale, or other contract for the sale of unbranded skimmed-milk cheese or cheese not full-cream cheese.

Removing marks; penalty. SEC. 6. Whoever shall efface, erase, cancel, or remove any marks or label on any such article or cheese, provided for by this act, with intent to mislead, deceive, or to violate any of the provisions of this act, shall be deemed guilty of a misdemeanor, and, upon a conviction, be fined in a sum not less than $50 or more than $500.

Board of agriculture to enforce. SEC. 7. The State board of agriculture shall be and is hereby charged with the enforcement of this act: Provided, That all fines collected under the provisions of this act shall be covered into the State treasury. Action under this act may be brought by Disposition of fines. information or indictment in any court of competent jurisdiction. SEC. 8. All acts and parts of acts inconsistent with this act are Repealing clause. hereby repealed.

REVISED STATUTES OF 1889.1

SECTION 3885. Whoever manufactures out

Substitutes for butter and cheese to be marked. of any oleaginous substances, or any compounds of the same, resembling butter in appearance, manufactured from cattle fat or hog fat, or such substances heretofore known as oleomargarine, oleo, oleomargarine oil, butterine, lardine, suine and neutral, all lard extracts and tallow extracts, and all mixtures and compounds of tallow, beef fat, suet, lard, lard oil, vegetable oil, annatto and other coloring matter, intestinal fat and offal fat, other than that produced from unadulterated milk, or cream from the same, any article designed to take the place of butter or cheese, produced from pure, unadulterated milk, or cream of the same, or any article made in imitation of butter, or when so made, calculated, or intended to be sold as butter or for butter, unless said manufacturers shall pack said imitation substitute in firkins, tubs, or wooden or paper packages, with the true name of said imitation substitute clearly and indelibly branded, marked or labeled thereon, or whoever shall sell or offer for sale the same as an article of food, unless said imitation substitute is properly packed in firkins, tubs, or wooden or paper packages, with the true name of said imitation substitute clearly and indelibly branded, marked, or labeled thereon, shall be guilty of a misdemeanor, and shall on conviction thereof be conPenalty. fined in the county jail not exceeding one year, or fined not exceeding one thousand dollars, or both.

1 Section 3885 - Revised Statutes 1879, section 1599; Amended Laws 1887, page 173. Section 3886 Laws 1885, page 149.

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Hotels, etc., to give notice of use of this State who shall set before his guests at any SEC. 3886. Any hotel or boarding-house keeper in oleomargarine, etc. meal any compound resembling butter in appearance, manufactured from cattle fat or hog fat, or such other articles, known to the trade as oleomargarine and shall not clearly and legibly mark the vessel in which such compound is served with the words "Oleomargarine," or "Impure Penalty. butter" shall be deemed guilty of a misdemeanor, and upon conviction

shall be fined in a sum of not less than one hundred nor more than five hundred dollars.

LAWS OF 1895, page 26.

AN ACT prohibiting the coloring yellow of any substance designed to be used as a substitute for butter; to prohibit the manufacture, sale, keeping for sale and fraudulent use of substances designed as imitation butter; to regulate the manufacture, sale, and keeping for sale, of any substance designed to be used as a substitute for butter, and making an appropriation for carrying out the provisions of this act. (Approved April 19, 1805.)

Imitation butter defined.

SECTION 1. That for the purpose of this act, every article, substitute or compound, other than that produced from pure milk, or cream from the same, made in the semblance of butter and designed to be used as a substitute for butter made from pure milk, or cream from the same, is hereby declared to be imitation butter.

Coloring prohibited. SEC. 2. No person shall combine any animal fat or vegetable oil or other substance with butter, or combine therewith or with animal fat or vegetable oil or combination of the two, or with either one, any other substance or substances whatever, any annatto or compound of the same, or any other substance or substances, for the purpose or with the effect of imparting thereto a yellow color, or any shade of yellow, so that such substitute shall resemble yellow or any shade of genuine yellow butter, nor introduce any such coloring matter or such substance or substances into any of the articles of which the same is composed: Provided, Nothing in this act shall be construed to prohibit the use of salt and harmless coloring matter for coloring the substitutes for butter manufactured for export or sale outside the State. No person shall, by himself, his agents, or employees, produce or manufacture any substance in imitation or semblance of natural butter, nor sell, nor keep for sale, nor offer for sale, any imitation butter made or manufactured, compounded or produced in violation of this section, whether such imitation butter shall be made or produced in this State or elsewhere. This section shall not be construed to prohibit the manufacture and sale, under the regulations hereinafter provided, of substances designed to be used as a substitute for butter, and not manufactured or colored as herein prohibited. Substitutes to be marked. SEC. 3. Every person who lawfully manufactures any substance designed to be used as a substitute for butter shall mark, by branding, stamping or stenciling upon the top and side of each tub, firkin, box or other package in which such article shall be kept, and in which it shall be removed from the place where it is produced, in a clean and durable manner, in the English language, the words, "Substitute for butter," in printed letters. in plain Roman type, each of which shall not be less than one inch in length and one-half inch in width.

Transportation of substitutes. SEC. 4. No person, by himself or another, shall ship, consign, or forward by any common carrier, whether public or private, any substance designed to be used as a substitute for butter, and no carrier shall knowingly receive the same for the purpose of forwarding or transporting, unless it shall be manufactured and marked as provided in the preceding section of this act, and unless it be consigned by the carrier and receipted for by its true name: Provided, That this act shall not apply to any goods in transit between foreign States across the State of Missouri.

Possession of unmarked substitutes.

SEC. 5. No person shall have in his possession or under his control, any substance designed to be used as a substitute for butter, unless the tub, firkin, box, or other package containing the same be clearly and durably marked, as provided by section 4 of this act: Provided, That this section shall not be deemed to apply to persons who have the same in their possession for the actual consumption of themselves and family, Every person having in possession or control of any substance designed to be used as a substitute for butter, which is not marked as required by the provisions of this act, shall be presumed to have known during the time of such possession or control, the true character and name, as fixed by this act, of such product.

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