which any animal, intestinal, or offal fats or oils, or melted butter or butter in any condition or state or modification of the same, or oleaginous substances of any kind not produced from unadulterated milk or cream, shall be introduced.

When prohibitions do not apply to skim milk or skim cheese.

SEC. 31. Except in the counties of New York and Kings, the prohibitions contained in this article against the sale of adulterated milk shall not apply to skim milk, which is clean, pure, healthy, wholesome and unadulterated, except by skimming, sold for use in the county in which it is produced or an adjoining county, if it is sold for and as skimmed milk. The prohibitions in this article against the sale of cheese made from unadulterated milk or cream shall not apply to pure skim cheese made from milk which is clean, pure, healthy, wholesome, and unadulterated, except by skimming.

Unclean vessels or surroundings for milk prohibited.

SEC. 32 (as amended by chapter 153, 1898). No person, firm, association, or corporation buying or receiving milk not produced from the dairy of such person, firm, association, or corporation, for the purpose of selling the same for consumption as such, or for manufacturing the same into butter, cheese, condensed milk, or other human food, shall keep the same in utensils, cans, vessels, room or rooms, building or buildings, that are unclean or that have unsanitary surroundings or drainage, or in any condition whatsoever that would tend to produce or promote conditions favorable to unhealthfulness or disease. The commissioner of agriculture shall notify all persons, firms, associations, or corporations violating this section to clean said utensils, cans, vessels, room or rooms, building or buildings, or to so improve the sanitary conditions that the law will not be violated; and if such notice is complied with in ten days' time, Sundays excepted, then no action shall lie for a violation of this section. The provisions of this act shall not apply to cities of the first class.

Manufacturer's brand of cheese. SEC. 33. Every manufacturer of full-milk cheese may put a brand upon each cheese indicating "full milk cheese," and the date of the month and year when made, and no person shall use such a brand upon any cheese made from milk from which any of the cream has been taken. The commissioner of agriculture shall procure and issue to the cheese manufacturers of the State on proper application therefor and under such 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 "New York State fullcream cheese.' Every such brand shall be used upon the outside of the cheeseand shall bear a different number for each separate factory. The commissioner shall keep a book in which shall be registered the name, location, and number of each manufactory using the brand, and the name or names of the persons at each manufactory authorized to use the same. No such brand shall be used upon any other than full-cream cheese or packages containing the same.

Use of false brand prohibited. SEC. 34. No person shall offer, sell, or expose for sale in any package butter or cheese which is falsely branded

or labeled.

SEC. 35. At a regular or special meeting of a county dairymen's County trade-marks. association in any county of the State there may be adopted a county trade-mark, by a majority of the members present and voting, to be used as a trade-mark by am [any] person manufacturing pure unadulterated butter or full-cream cheese in such county. The secretary of the association shall forthwith send to the commissioner of agriculture a copy of such trade-mark, which copy he shall place on file in his office, noting thereupon the day and hour he received the same. But one county trade-mark for butter and for cheese shall be placed on file for the same county. No association shall adopt any trade-mark of any county already on file, or use that of any other county in the formation of a trade-mark.

Object and intent of this article. SEC. 36. This article and each section thereof are delared to be enacted to prevent deception in the sale of dairy products, and to preserve the public health, which is endangered by the manufacture, sale, and use of the articles or substances herein regulated or prohibited.

Penalties.

SEC. 37 (as amended by section 1 of chapter 554 of laws of 1897). Every person violating any of the provisions of this article shall forfeit to the people of the State of New York the sum of not exceeding one hundred dollars for every such violation. When such violation consists of the manufacture or production of any prohibited article, each day during which or any part of which 7204-42

such manufacture or production is carried on or continued shall be deemed a separate violation of the provisions of this article. When the violation consists of the sale, or the offering or exposing for sale or exchange, of any prohibited article or substance, the sale of each one of several packages shall constitute a separate vio-' lation, and each day on which any such article or substance is offered or exposed for sale or exchange shall constitute a separate violation of this article. When the use of any such article or substance is prohibited, each day during which or any part of which said article or substance is so used or furnished for use shall constitute a separate violation, and the furnishing of the same for use to each person to whom the same may be furnished shall constitute a separate violation. Whoever by himself or another violates any of the provisions of article two of said chapter shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty-five dollars, nor more than two hundred dollars, or by imprisonment of not less than one month nor more than six months, or by both such fine and imprisonment, for the first offense, and by six months' imprisonment for the second offense; and any person who violates any of the provisions of article three of said chapter is guilty of a misdemeanor, and shall be punished by a fine of not less than fifty dollars, nor more than one hundred dollars, and in addition thereto shall forfeit to the people of the State of New York the sum of one hundred dollars for every such violation.

NORTH CAROLINA.

PUBLIC LAWS OF 1895, Chapter 108.

AN ACT defining butter and to regulate the sale thereof. (Ratified February 28, 1805.)

66

SECTION 1. That for the purpose of this act the word "butter" shall Butter defined. be understood to mean the product manufactured and compounded from fresh and pure milk and cream. Oleomargarine and butterine defined. SEC. 2. That for the purpose of this act any article manufactured or compounded in imitation or semblance of butter, as defined in section one of this act, which shall be composed of any ingredient or ingredients in combination with butter, shall be known as 'oleomargarine" and "butterine," and it shall be Manufacture and sale regulated. unlawful to manufacture, keep for sale, offer for sale, export or import same, except in accordance with the provisions of this act. SEC. 3. That every manufacturer of said "oleomargarine" Packages to be labeled. and "butterine" shall securely affix by pasting on each package, tub, or firkin thereof so manufactured by him a label on which shall be printed in large Roman type the chemical ingredients and the proportions thereof. Every manufacturer of such compound who neglects to affix such label to any package, tub, or firkin containing such compound manufactured, Neglect, a misdemeanor. sold, or offered for sale by him, and every person who removes such label so affixed from any such package, tub, or firkin shall be guilty of a misdemeanor and punished as hereinafter provided.

Act regulates; does not prohibit. SEC. 4. This act shall not be construed as to prohibit the manufacture or sale of said compound, or in any degree violate the provisions of the interstate commerce law relative to this particular subject. The said compound, however, shall not be manufactured, sold, nor offered for sale, except in accordance with the provisions of this act.

SEC. 5. It shall be the duty of the district, county, and city Prosecutions; by whom. attorneys, upon proper information that any of the provisions of this act have been violated, to prosecute such offender before any court of jurisdiction, and upon conviction thereof shall be punished by a fine of not less than fifty dollars, or by imprisonment in the county jail not exceeding thirty Penalty. days, and for each subsequent offense by a fine of not less than two hundred dollars, or by imprisonment not less than six months, or both, in the discretion of the court.

In effect. SEC. 6. This act shall be in force thirty days after its passage.

PUBLIC LAWS OF 1895, Chapter 122.

AN ACT to prevent the adulteration, misbranding, and sale of foods. (Ratified March 2, 1895.) SECTION 1. That the introduction into the State of any Adulterated food prohibited. article of food which is adulterated or unbranded, within the meaning of this act, is hereby prohibited; and any person who shall knowingly violate any provision of this act shall be guilty of a misdemeanor, and for such offense shall be fined not exceeding two hundred dollars for the first offense, and for each subsequent offense not exceeding three hundred dollars, or be imprisoned not exceeding one year, or both, in the discretion of the court.

SEC. 2. The term "food," as used herein, shall Food and misbranded" defined. include all articles used for food or drink by man, whether simple, mixed, or compound. The term “misbranded,” as herein used, shall include all articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement purporting to name ingredients or substances as being contained, or not being contained, in such article, which statement shall be false in any particular.

"Adulterated" defined. SEC. 3. That for the purpose of this act an article shall be deemed to be adulterated in case of food or drink: First, if any substance, or substances, has or have been mixed and packed with it so as to reduce, or lower, or injuriously affect its quality or strength, so that such product, when offered for sale, shall be calculated and shall tend to deceive the purchaser; second, if any inferior substance or substances has or have been substituted, wholly or in part, for the article, so that the product, when sold, shall tend to deceive the purchaser; third, if any valuable constituent of the article has been, wholly or in part, abstracted, so that the product, when sold, shall tend to deceive the purchaser; fourth, if it be an imitation of, or sold under, the specific name, brand, or trademark of another article; fifth, if it be mixed, colored, powdered, or stained in a manner whereby damage is concealed, so that such product, when sold, shall tend to deceive the purchaser: sixth, if it contain any added poisonous ingredient, or any ingredient which may render such article injurious to the health of the person consuming it; seventh, if it consists, of the whole or any part, of a discarded, filthy, decomposed, or putrid animal, or vegetable substance, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal which has died otherwise than by slaughter: ProProviso. vided, That an article of food which does not contain any added poisonous ingredient shall not be deemed adulterated or misbranded in the following cases: First, in the case of mixtures or compounds which may be now, or from time to time hereafter, known as articles of food under their own distinctive names, and not included in definition four of this section; second, in the case of articles labeled, branded, or tagged so as to plainly indicate that they are mixtures, compounds, combinations, or blends; third, when any matter or ingredient has been added to the food because the same is required for the production or preparation thereof as an article of commerce in a state fitter for carriage or consumption and not fraudulently increase the bulk, weight, or measure of the food or conceal the inferior quality thereof: Provided, That the same shall be labeled, Proviso. branded, or tagged so as to show them to be compounds: And provided further, That nothing in this act shall be construed as requiring or compelling manufacturers of articles of food to disclose their trade formulas: fourth, when the food is unavoidably mixed with some extraneous matter in the process of collection or preparation. SEC. 4. That this act shall not be construed to interfere Not to conflict with commerce. with commerce or any interstate commerce laws of the United States.

Original packages to be preceeded against by a process of libel.

1

SEC. 5. That any article of food that is adulterated or misbranded, within the meaning of this act, or is transported or being transported into the State for sale, and is still in the original or unbroken packages, shall be liable to be proceeded against in any court of this State within the district where the same is found and seized for confiscation by a process of libel for condemnation. And if such article is condemned as being adulterated or misbranded, the same shall be disposed of as the said court may direct, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the treasury of the State. The proceedings in such libel cases shall conform, as near as may be, to proceedings in admiralty, except that either party may demand trial by jury on any issue of fact joined in such case, and all such proceedings shall be at the suit of and in the name of the State of North Carolina.

In effect. SEC. 6. That this act shall be in force from and after its ratification.

NORTH DAKOTA.

LAWS OF 1895, Chapter 49.

AN ACT entitled "An act to protect dairy interests of the State of North Dakota, and to prevent fraud in dairy products, and to regulaté traffic in adulterated butter and cheese." (Approved March 16, 1895.)

Imitation butter to be labeled. SECTION 1. Any person who shall knowingly sell or offer for sale, or procure the sale of, or make or manufacture, any article or substance in semblance of butter, not the legitimate product of the dairy, made exclusively of milk or cream, but into the composition of which the oil or fat of animals, or melted butter, or any oil thereof, enters as a substitute for cream, in tubs, firkins, or other original packages not distinctly, legibly, and durably branded, stamped, or marked in a conspicuous place with the word "Oleomargarine" or 'Butterine or Patent butter," as the case may be, in letters not less than one-fourth of an inch in width and one-half of an inch in length, or in retail packages not plainly and conspicuously labeled with said words "Oleomargarine" or "Butterine" or "Patent butter," as the case may be, shall be guilty of a misdemeanor, and punished by a fine of not less than twenty-five dollars Penalty. nor more than one hundred dollars, or shall be confined in the county jail not less than ten nor more than ninety days, or both such fine and imprisonment, in the discretion of the court.

Patent butter.

SEC. 2. Any person or firm who shall sell or offer for sale, or make or manufacture, imitation butter, or butter made of part cream and part caseine or other ingredients, under what is known as "Quinness patent" or process, or any other similar process whereby the caseine of milk and other ingre dients are made to imitate and resemble genuine butter made from cream, shall stamp each package of the same on the top and side 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, and shall [be] punished for each offense by a fine of not Penalty. less than twenty-five dollars nor more than one hundred dollars, or shall be confined in the county jail not less than ten nor more than ninety days, or both such fine and imprisonment, in the discretion of the court.

Imitation cheese to be labeled. SEC. 3. Any person or firm who shall sell or offer for sale, or make or manufacture out of any oleaginous substance or substances or any compound of the same, or any other compound other than that produced from unadulterated milk, any article designed to take the place of cheese or in imitation of cheese, produced from pure milk, or any article termed "filled cheese," shall stamp each package of the same on the top and side with lampblack and oil the words Filled cheese," or words that shall designate the exact character and quality of the product, in letters at least one-fourth of an incn wide and one-half of an inch long. 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 twenty-five dollars nor more than one hundred dolPenalty. lars, or shall be confined in the county jail not less than ten nor more than ninety days, or both such fine and imprisonment, in the discretion of the

court.

Printed statement with sales; penalty. SEC. 4. Whoever sells or offers for sale any imitation or patent butter or cheese, as described in the foregoing sections of this act, shall give to each purchaser of said goods a printed card stating correctly the different ingredients contained in the said compound. 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 twenty-five dollars nor more than one hundred dollars, or shall be confined in the county jail not less than ten nor more than ninety days, or both such fine and imprisonment, in the discretion of the court.

Possession evidence of guilt. SEC. 5. The having in possession by any person or firm of any article or substance prohibited by this act shall be construed 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 commissioners shall be authorized to seize upon and take possession of any such article 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, one-half to the informer and one-half into the State treasury, to be placed to the credit of the State dairy commissioner's fund.

SEC. 6. Samples or specimens of any articles in imitation Analysis of specimens. of butter suspected of being of a spurious character shall be analyzed or otherwise satisfactorily tested as to compounds by the chemist of the Agricultural College at Fargo, free of expense, and a certificate of the analysis, sworn to by the analyzer, shall be admissible as evidence in all prosecutions under this act.

Use of unmarked packages evidence of guilt. SEC. 7. The sale or offer for sale of the substance mentioned in the foregoing section, in packages not branded, stamped, marked, or labeled as therein required, shall be prima facie evidence of knowledge of the character of such substance on the part of the person so selling or offering for sale and his employer. Butter and cheese defined. SEC. 8. For the purpose of this act, the term "butter and cheese" shall be understood to mean the products usually known by those names, and which are manufactured exclusively from milk or cream, or both. Products of all factories to be branded. SEC. 9. Every cheese factory, creamery, or combined cheese factory and creamery, engaged in the manufacturing of butter and cheese, shall procure a stencil or brand bearing a suitable device and words which shall clearly designate the quality of the prod uct manufactured, and the number and location of the factory, and may contain a special or private brand or name of said factory; every brand shall be used upon the outside of the cheese and also upon the package containing the same, but in the case of butter, on the package only, and shall report annually to the State commissioner of agriculture and labor, who by virtue of his office is ex officio State dairy commissioner, the name, location, and number of each factory using the said brand, and the name or names of the persons at each manufactory authorized to use the same, together with a copy of each stencil or brand, and the State dairy commissioner shall keep a book in which shall be registered the same. Whoever violates the provisions of this section shall be guilty of a misdemeanor, and shall be punished by a fine of not less than ten dollars or more than fifty dollars for each and every offense.

Through shipments.

SEC. 10. Nothing in this act shall be so construed as to prohibit the shipment of butter and cheese without unloading through

the State of North Dakota.

Repealing clause.

In effect.

SEC. 11. All acts or parts of acts in conflict with this act are hereby repealed.

SEC. 12. Whereas an emergency exists in that it is necessary to sell butter and cheese before the first day of July, therefore this act shall take effect and be in force on its passage and approval.

OHIO.1

OHIO LAWS, Volume 83, page 120 (Giauque, 8847-8850).

AN ACT to create the office of dairy and food commissioner, provide for his election, term of office, duties, salaries, expenses, office, disposition of fines collected, annual reports, etc. (Passed and took effect May 8, 1886.)

Term.

Ohio dairy and food commissioner; election. SECTION 1 (as amended April 19, 1894; 91 O. L., 156). That there is hereby created the office of dairy and food commissioner of the State of Ohio. Said commissioner shall be elected at the general election held on the first Tuesday after the first Monday in November, A. D. one thousand eight hundred and ninety-six. He shall take his office on the first Tuesday following the fifteenth day of February next after his election, and shall serve for two years, and until his successor is elected and qualified. He shall be charged with the enforcement of all laws against fraud and adulteration or impurities in foods, drinks, or drugs, and unlawful labeling in the State of Ohio. His salary shall be two thousand dollars per year and his necessary and reasonable Salary and expenses. expense incurred in the discharge in his official duties, to be paid in monthly instalments at the end of each calendar month.

Duties.

1 Published in "The Pure Food Laws of Ohio " by the dairy and food commissioner, 1897.