SEC. 6. No person, by himself or another, shall sell or offer Sale as butter prohibited. for sale any substance designed to be used for a substitute for butter under the name of or under the pretense that the same is butter.

SEC. 7. Whoever shall violate any of the provisions of sections 2, 3, 4, 5, Penalty. or 6 of this act shall, for the first offense, be punished by a fine not less than fifty dollars nor more than one hundred dollars, or by imprisonment not exceeding thirty days, and for each subsequent offense by a fine of not less than two hundred and fifty dollars nor more than five hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than six months, or by both such fine and imprisonment, in the discretion of the court.

Evidence.

SEC. 8. Whoever shall have possession or control of any imitation butter, or any substance designed to be used as a substitute for butter, contrary to the provisions of this act, shall be construed to have possession of property with intent to use it as a means of committing a public offense: Provided. That it shall be the duty of the officer who serves a search warrant issued for imitation butter, or any substance designed to be used as a substitute for butter, to deliver to the State board of agriculture, or to any person by said board authorized, in writing, to receive the same, a perfect sample of each article seized by Samples for analysis. virtue of such warrant, for the purpose of having the same analyzed, and forthwith to return to the person from whom it was taken the remainder of each article seized as aforesaid. If any sample be found to be imitation butter, or substance designed to be used as a substitute for butter, it shall be retained by the State board of agriculture; but if any sample be found not to be imitation butter, or a substance designed to be used as a substitute for butter, it shall be returned forthwith to the person from whom it was taken. No action for sale. SEC. 9. No action can be maintained on account of any sale or other contract made in violation of or with intent to violate this act, by or through any person who was knowingly a party to such wrongful sale or other contract.

SEC. 10. Whoever shall efface, erase, cancel, or remove any Removing, etc., 1 marks. mark 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 misde

meanor.

State board of agriculture to enforce.

SEC. 11. The State board of agriculture shall be and is hereby charged with the enforcement of this act. There is hereby appropriated to the State board of agriAppropriation. culture, out of any money not otherwise appropriated, the sum of five thousand dollars for the next biennial period, or so much thereof as may be necessary for the enforcement of this act: Provided, That all fines collected under the provisions of this act shall be covered into the State treasury. Actions under this act shall be brought in any court of competent jurisdiction.

Repealing clause.

SEC. 12. All acts and parts of acts inconsistent with this act are hereby repealed.

ΜΟΝΤΑΝΑ.

CODES AND STATUTES, Penal Code, 1895.

Substitutes for butter and cheese to be labeled. SECTION 684. Every person who manufactures for sale, or offers or exposes for sale, or has in his possession, with intent to sell, any article or substance in semblance of butter or cheese, not the legitimate product of the dairy, and not made exclusively of milk or cream, or in which the oil or fat of animals not produced from milk enters as a component part, or into which the oil or fat of animals not produced from milk has been introduced to take the place of cream, must distinctly stamp, brand, or mark in some conspicuous place upon every firkin, tub, or package of such article or substance in plain letters not less than one-quarter inch square each, the word "Oleomargarine," or the words "Imitation cheese," as the case may be; and in the retail sale of such article or substance, in parcels or otherwise, the seller must deliver to the purchaser therewith a printed label bearing the plainly printed word or words "Oleomargarine" or "Imitation cheese," plainly marked as aforesaid.

or used.

SEC. 685. Every person dealing in the artiSigns to be displayed where imitations are sold cle or substance described in the next preceding section, and every hotel, restaurant, or boarding-house keeper using such article or substance in his business, must continuously and conspicuously keep posted up in not less than three exposed positions in and about his place of business a printed notice in the following words; 'Oleomargarine" or "Imitation cheese" "sold (or used) here," which notice must be plainly printed with letters not less than two inches square each, and must upon furnishing the article or substance to his customers or guests, if inquiry is made, distinctly inform each of them that the article furnished is not butter or cheese, the general product of the dairy, but is oleomargarine or imitation cheese.

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SEC. 686. Every person and every officer or agent of any corporation who Penalty. violates any of the provisions of the last two preceding sections is punishable by imprisonment in the county jail not exceeding one month or by fine not exceeding one hundred dollars.

SEC. 1095. Every person who keeps a cow or any animal for Care and feed of cows. the production of milk in a crowded or unhealthy place or in a diseased condition, or feeds such cow or animal upon any food that produces impure or unwholesome milk, is punishable by imprisonment in the county jail not exceeding three months or by fine not exceeding two hundred dollars, or both.

License for imitations.

SEC. 4064.1

*

Political Code.

* * Every person, company, or corporation selling oleomargarine, butterine, or imitation cheese shall pay

a license of ten cents per pound for all these articles sold.

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Impure milk, its sale or delivery prohibited. sell to any person or persons, or sell, deliver, 6898. SECTION 234. Whoever shall knowingly or bring to be manufactured to any cheese or butter manufactory in this State, any milk diluted with water, or in any way adulterated, or milk from which any cream has been taken, or milk commonly known as "skimmed milk," or shall keep back any part of milk known as strippings," with intent to defraud, or shall knowingly cell milk the product of a diseased animal or animals, or shall knowingly use any poisonous or deleterious material in the manufacture of cheese or butter, shall be fined in any sum not less than twenty-five dollars Penalty. nor more than one hundred dollars, and be liable in double the amount of damages to the person or persons upon whom such fraud shall be committed.

Imitations of butter or cheese to be marked.

Chapter 23.

6927. SEC. 245k. That any person, company, or corporation who shall manufacture for sale any article, or who may offer or expose for sale any article or substance in semblance of butter or cheese, not the legitimate product of the dairy and not made exclusively of milk or cream, or into which any vegetable oil or fat of animals 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 every tub, firkin, box, or package of such article or substance the word "Oleomargarine" or "Butterine," in plain Roman letters not less than half an inch square, placed horizontally in proper order, and in case of retail sales of such articles or substances in parcels, the seller shall in all cases deliver therewith to the purchaser a written or printed label bearing the plainly written or printed word Oleomargarine" or "Butterine," in type or letters aforesaid, and every sale of such article or substance not so stamped, branded, marked, or labeled shall be void, and no action shall be maintained for the price thereof.

1 Act approved March 16, 1895.

2245k-245m Laws 1883, chapter 53. 245m1-245m11 -Laws 1895, chapter 78, sections 1-10. 245n= Laws 1883, chapter 52.

6928. SEC. 2451. Any person, company, or corporation who shall sell or Penalty. offer for sale, or have in his or her possession with intent to sell, contrary to the provisions of this act, any of the said articles not so stamped, marked, or labeled, or in case of retail sales, without delivery of the label required by section one of this act, shall for each such offense forfeit and pay a fine of one hundred dollars, to be recovered in any court in the State of competent jurisdiction. Penalty. 6929. SEC. 245m. That any person, company, or corporation who shall sell, or offer, or exposs for sale, or shall cause or procure to be sold, any article required by the first section of this act to be marked, branded, stamped, or labeled, not so marked, branded, stamped, or labeled, shall be guilty of a misdemeanor, and on trial for such misdemeanor, proof of the sale or offer, or exposure alleged, shall be presumptive of knowledge of the character of the article so sold or offered.

Imitation butter and cheese defined. 6930. SEC. 245m. That for the purposes of this act every article, substance, or compound other than 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, and that for the purposes of this act, every article, substance, or compound, other than that produced from pure milk, or cream from the same, made in the semblance of cheese and designed to be used as a substitute for cheese made from pure milk, or cream from the same, is hereby declared to be imitation cheese: Provided, That the use of salt, rennet, and other harmless coloring matter for coloring the product of pure milk, or cream, shall not be construed to render such product an imitation. 6931. SEC. 245m2. No person, firm, or corporation, by himself, Coloring prohibited. or his agents, servants, or employes, shall coat, powder, or color with annotto, or any coloring matter whatever, any substance designed as a substitute for butter or cheese, whereby such substitute or product so colored or compounded shall be made to resemble butter or cheese, the product of the dairy. No person, firm, or corporation, by himself, his agents, or servants, or employees, shall combine any animal fat, or vegetable oil, or other substance with butter or cheese; or combine therewith, or with animal fat, or vegetable oil, or a combination of the two, or with either one, any other substance or substances whatever; or combine with annotto, or compound with the same, or any substance or substances containing annotto, or compound of the same, or any coloring matter whatever, with imitation butter, or imitation cheese, as defined in the first section of this act, for the purpose, or with the effect, of imparting thereto a yellow color, or any shade of yellow, so that such imitation butter, or imitation cheese, shall resemble yellow or any shade of genuine yellow butter or cheese. Nor introduce any such coloring matter, or substance, or substances, containing such coloring matter into any one of the articles of which the same is composed: Providing, Nothing in this act shall be construed to prohibit the Salt, rennet, etc., permitted. use of salt, rennet, and harmless coloring matter for coloring the products of pure milk, or cream from the same. No person, firm, or corporation, by himself, his agents, servants, or employes, shall produce or manufacture any substance in imitation or semblance of natural butter, or cheese, nor sell, or have in his possession, nor keep for sale, nor offer for Imitations regulated. sale any imitation butter, or imitation cheese, made or manufactured, compounded, or produced in violation of this section, whether such imitation butter or imitation cheese shall be made or produced in this State or elsewhere. Every tub, firkin, or box containing imitation butter, or imitation cheese, so produced, manufactured, sold, had in possession, kept for sale, or offered for sale, shall constitute, and is hereby declared, a separate and distinct offense on the part of the person, firm, or corporation so producing, manufacturing, selling, having in possession, keeping for sale, or offering for sale, said tub, firkin, or box, and every person, firm, or corporation violating any one of the provisions of this section, shall, upon conviction, be fined in not less than ten dollars nor more than twenty dollars for each offense: And further provided, That this Penalty. 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 or cheese, and not manufactured or colored as herein prohibited. Marks for imitation butter or cheese. 6932. SEC. 245m3. Every person, firm, or corporation who lawfully manufactures any substance designed to be used as a substitute for butter or cheese shall mark, by branding, stamping, or stenciling, upon the top and side of each tub, firkin, or box, or other package, in which such article is kept, and in which it shall be removed from the place where it is produced, in a clean, legible, and durable manner, in the English

language, the words "Imitation butter," or "Imitation cheese," as the case may be, in printed letters, in plain Roman type, each of which letters shall not be less than one inch in length by one inch in width.

6933. SEC. 245m1. No person, firm, or corporation, by Transporting unlabeled article. himself, his agents, servants, or employees, shall ship, consign, or forward by any common carrier, whether public or private, any substance designed to be used as a substitute for butter or cheese, and no carrier shall knowingly receive the same for the purpose of forwarding or transporting, unless it be manufactured and marked as provided in the preceding sections 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 Nebraska.

Possession of unlabeled imitations. 6934. SEC. 245m3. No person, firm, or corporation, by himself, his agents, servants, or employees, shall have in his possession or under his control any substance designed to be used as a substitute for butter or cheese, unless the tub, firkin, box, or other package containing the same be clearly and durably marked, as provided by section three of this act: Provided, That this section shall not be so construed as to apply to persons who have the same in their possession for actual consumption by themselves or family. Every person, firm, or corporation, by himself, his agents, servants, or employees, having in his possession or control any substance designed to be used as a substitute for butter or cheese, 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 of such product, as fixed by this act. Information to purchasers. 6935. SEC. 245m. No person, firm, or corporation, by himself, his agents, or servants, or employees, shall sell, or offer for sale, any substance designed to be used for a substitute for butter or cheese: and no person, firm, or corporation, by himself, his agents, servants, or employees, shall sell any substance designed to be used as a substitute for butter or cheese, unless he shall inform the purchaser distinctly at the time of sale that the same is a substitute for butter or cheese, as the case may be, and shall deliver to the purchaser, at the time of sale. a statement clearly printed in the English language, which shall refer to the article sold, and which shall contain in permanent and plain Roman type a statement that the substance so sold is a substitute for butter or cheese, as the case may be, and such statement shall also give the name and place of business of the maker.

6936. SEC. 245m. No keeper or proprietor of any bakery, hotel, Display of signs. public institution, dining car, restaurant, saloon, lunch counter, or place of public entertainment, or person having charge thereof, or employed thercat, or any person, firm, or corporation, furnishing board for others than members of his own family, or for any employees where such board is furnished for a compensation, or as any part of the compensation of any such employee, shall keep, use, or serve therein, either as food for his guests, boarders, inmates, patrons, customers, or employees, or for cooking purposes, any imitation butter, or imitation cheese, as defined in section one of this act; and in using or serving any substance designed as a substitute for butter or cheese, as herein defined, he or they shall display and keep posted a card opposite each table in a conspicuous place where the same may be easily seen and read, in the dining room, eating room, lunch room, restaurant, hotel, public institution, dining car, boarding house, saloon, or place of public entertainment, and place where such substance designed as a substitute is sold, used, or disposed of, which card shall be of white, and in size not less than ten by fourteen inches; upon which shall be printed in plain, black Roman letters, not less in size than one inch in length and one-half inch in width, the words "Imitation butter used here," or Imitation cheese used here," as the case may be, and said cards shall not contain any other words than the words above described. Any person, firm, or corporation violating the provisions of this section, shall, upon conviction thereof, be punished by a Penalty. fine of not less than twenty-five dollars, nor over fifty dollars, or by imprisonment in the county jail for not more than thirty days.

6937. SEC. 245m3 (amended 1895, chapter 79). Whoever shall violate any of the provisions of section three, four, five, six, and nine of this act shall, for Penalties. the first offense, be punished by a fine of not less than twenty-five dollars nor more than fifty dollars, or by imprisonment not exceeding thirty days; and for each subsequent offense by a fine of not less than fifty dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than six months, or by both such fine and imprisonment in

the discretion of the court: Provided, however, That no provision of or in this act shall be construed to prevent, or as a penalty against, the manufacture of imitation butter and imitation cheese within this State, under the restrictions and provisions of the United States law, for shipments to points outside of this State.

6938. SEC. 245m'. No action can be maintained on account

No action on account of sale. of any sale or other contract made in violation of, or with intent to violate, any of the provisions of this act by or through any person, firm, or corporation who was knowingly a party to such wrongful sale or other contract. Whoever shall mutilate, obscure, conceal, efface, cancel, Effacing marks. or remove any mark provided for by this section, or cause or permit the same to be done, with intent to mislead, deceive, or to violate any of the provisions of this act, shall be guilty of a misdemeanor.

Selling substitutes for genuine. 6939. SEC. 425m". Whoever sells or offers for sale to any person who asks, sends, or inquires for butter, imitation butter, or imitation cheese, or any substance made in imitation of or semblance of pure butter, not made entirely from milk of cows, with or without coloring matter, shall be guilty of fraud, and punished by a fine of not less than twenty-five dollars nor more than fifty dollars for each offense.

Repealing clause. SEC. 245m". (Repealed all acts and parts of acts in conflict.) Impure milk, sale or delivery prohibited. 6940. SEC. 245n. Whoever shall knowingly sell or supply or bring to be manufactured to any cheese manufactory, butter manufactory, or creamery in this State any milk diluted with water or in any way adulterated, or milk from which any cream has been taken, or milk commonly known as "skimmed milk," or whoever shall keep any part of the milk known as "strippings," or whoever shall knowingly bring or supply milk to any cheese manufactory, butter manufactory, or creamery that is tainted or partly sour from want of proper care in keeping pails, strainers, or any vessel in which said milk is kept, clean and sweet, after Use of cream in factories. being notified of such taint or carelessness, or any cheese manufacturer or butter manufacturer who shall knowingly use, or direct any of of his employees to use, for his or their individual benefit, any cream of the milk brought to the cheese or butter manufacturer, without the consent of all the owners thereof, shall, for each and every offense, forfeit and pay a sum Penalty. of not less than twenty-five dollars nor more than one hundred dollars, with the costs of suit to be sued for in any court of competent jurisdiction, for the benefit of the person or persons, firm, association, or corporation, or their assignees, upon whom such fraud be committed.

GENERAL LAWS of 1897, Chapter 99.

AN ACT to provide against the adulteration of food, prohibiting the sale, or offering for sale, of adulterated food and providing a penalty for the violation thereof. (Approved, April 12, 1897.) Adulterated food prohibited.

SECTION 1. That no person shall, within this State, manufacture for sale, offer for sale, or sell any article of food which is adulterated, within the meaning of this act.

Food defined.

SEC. 2. The term "food," as used herein, shall include all articles used for food or drink by man, whether simple, mixed, or compound. SEC. 3. An article of food shall be deemed to be adulterated Adulteration defined. within the meaning of this act in the following cases: First, if any substance or substances have been mixed with it, so as to lower or depreciate or injuriously affect its quality, strength, or purity; second, if any inferior or cheaper substance or substances have been substituted wholly or in part for it; third, if any valuable or necessary constituent or ingredient has been wholly or in part abstracted from it; fourth, if it is an imitation of, or is sold under the name of another article; fifth, if it consists wholly, or in part, of a diseased. decomposed, 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 or diluted with any inferior liquid or mixed with any inferior substance; sixth, if it is coated, polished, or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is; seventh, if it contains any added substance or ingredient which is poisonous or injurious to health, or any deleterious substance not a necessary ingredient in its manufacture: Provided. That the provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles of food, if the same be distinctly labeled as mixtures or compounds and are not