Same. SEC. 4. That for marking wagons or vehicles, so as to convey the idea that said milk is produced from or produced in a different locality than it really is, the person or persons so offending shall be subject to a fine of fifty dollars, or imprisonment for not less than thirty days, or both, at the discretion of the court. Adding water; using unwholesome food. SEC. 5. That the addition of water or of ice to the milk is hereby declared an adulteration; any milk obtained from animals fed on distillery waste or any substance in a state of putrefaction, is hereby declared to be impure and unwholesome. In effect. SEC. 6. That this act shall take effect immediately after its passage. Session of 1895, No. 258. AN ACT creating a bureau of health in the department of public safety in cities of the second class. (Approved June 26, 1895.) Registration of dairies and milk depots. SECTION 14. It shall be the duty of the bureau of health to make a complete registration of all dairies and milk depots in the said cities, and to require the names of the owners of the different dairies, or of the persons dealing in milk, to be legibly placed upon every vehicle used in the conveyance of milk; and any person or persons refusing or neglecting to give such information, or to place his or their name or names on said vehicles as aforesaid, shall be liable to a fine of not more than twenty dollars for each and every day the same shall be omitted. Offering adulterated milk; penalty. SEC. 15. It shall be unlawful for any person or persons to offer for sale any milk adulterated with water or other substance, or any milk from diseased cows or goats; and if any person or persons shall violate any of the provisions of this section, he or they shall be liable to a fine of not more than fifty dollars for each and every offense so committed. Bureau of health to enforce. SEC. 16. It shall be the duty of the said bureau of health to see that the provisions of sections fourteen and fifteen of this act are enforced; and for that purpose its officers shall have the right at all times to enter all places where milk may be sold, or stop any vehicle used in conveying the same, and cause a sample to be tested or analyzed. Milk wagons to be marked. SEC. 17. Any person or persons who shall in any of said cities engage in or carry on the sale, exchange, or traffic in milk, shall have the carriage or vehicle from which the same is vended, conspicuously marked with his, her, or their names, also designating the locality from which said milk is obtained or where produced, and for every neglect of such marking, the person or persons so neglecting shall be subject to a fine Penalty. not exceeding ten dollars. For marking wagons or vehicles so as to convey the idea that said milk is procured from or produced in a different locality than it really is, the person or persons so offending shall be subject to a fine not exceeding fifty dollars. The addition of water Adding water; using unwholesome foods. or of ice to milk is hereby declared an adulteration, and any milk obtained from animals fed on distillery waste or any substance in a state of putrefaction is hereby declared to be impure and unwholesome. Session of 1885, No. 25. AN ACT for the protection of the public health, and to prevent adulteration of dairy products and fraud in the sale thereof. (Approved May 21, 1885.)1 Imitations and substitutes of butter and cheese prohibited. SECTION 1. That no person, firm, or corporate body shall manufacture out of any oleaginous substance or any compound of the same, other than that produced from unadulterated milk or of cream from the same, any article designed to take the place of butter or cheese produced from pure unadulterated milk, or cream from the same, or of any imitation or adulterated butter or cheese, nor shall sell or offer for sale, or have in his, her, or their possession with intent to sell the same as an article of food. No action for sales. SEC. 2. Every sale of such article or substance, which is prohibited by the first section of this act, made after this act shall take effect, is hereby declared to be unlawful and void, and no action 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. The Department of Agriculture has issued a circular dated April 22, 1898, defining “renovated" butter and causing it to be plainly labeled. SEC. 3 (as amended by the act of June 26, 1895). Every Penalty; disposition of fines. person, firm, or corporate body who shall manufacture, sell, or offer or expose for sale, or have in his, her, or their possession, with intent to sell, any substance, the manufacture and sale of which is prohibited by the first section of this act, shall, for every such offense, forfeit and pay the sum of one hundred dollars, which shall be recoverable with costs, by any person suing in the name of the Commonwealth, as debts of like amount are by law recoverable, one-half of which sum when so recovered shall be paid to the proper county treasurer for the use of the county in which the suit is brought, and the other half shall be paid to the dairy and food commissioner, or his agent, and by him covered into the State treasury, to be kept as a fund, separate and apart, for the use of the department of agriculture for the enforcement of this act, and to be drawn out upon warrants approved and signed by the secretary of agriculture and the auditor-general. SEC. 4. Every person who violates the provisions of the first section of Penalty. this act shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than one hundred dollars nor more than three hundred, or by imprisonment in the county jail for not less than ten nor more than thirty days, or both such fine and imprisonment for the first offense, and imprisonment for one year for every subsequent offense. SEC. 5. It shall be the duty of constables of the several Reports from constables. cities, boroughs, wards, or townships of this Commonwealth, to make quarterly reports under oath to the courts of quarter sessions of all violations of any of the provisions of this act which may come or be brought to their notice, and it shall be the duty of the judges of the said courts to see that the said returns are made regularly and faithfully. In effect. SEC. 6. This act shall take effect on the first day of July, one thousand eight hundred and eighty-five. Repealing clause. SEC. 7. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed. Session of 1897, No. 164. AN ACT to prevent fraud and deception in the manufacture and sale of cheese, and defining what shall constitute the various grades of cheese, providing rules and regulations for mark ing and branding the same, providing for the enforcement of this act, prescribing penalties for its violation. (Approved June 23, 1897.) Impare cheese prohibited. SECTION 1. That no person, firm, or corporate body shall manufacture, sell, offer for sale, or have in his or their possession with intent to sell any cheese not the legitimate product of pure, unadulterated milk or cream, or any cheese into which any foreign fats or substances have been introduced, as may appear upon proper test. " All cheese to be branded. SEC. 2. All cheese manufactured or sold within this Commonwealth shall be divided into five grades, and shall be branded or stenciled in ordinary bold-faced capital letters, not less than one inch in height, on two sides of each cheese, and upon the top and bottom of box or case containing the cheese, the manufacturer's name and post-office address, and the words "Full cream,' ," "Three-fourths cream," "One-half Five grades defined. cream, "One-fourth cream, " and "Skimmed cheese." All cheese branded "Full cream" shall contain not less than thirty-two per centum of butter fat, as may appear by proper test. All cheese branded "Three-fourths cream" shall contain not less than twenty-four per centum of butter fat, as may appear by proper test. All cheese branded One-half cream" shall contain not less than sixteen per centum of butter fat, as may appear upon proper test. All cheese branded "One-fourth cream" shall contain not less than eight per centum of butter fat, as may appear upon proper test. And all cheese containing less than eight per centum of butter fat, as may appear upon proper test, shall be branded "Skimmed cheese." SEC. 3. Every person, firm, or corporation who shall violate any of the Penalty. provisions of this act shall, for every such offense, forfeit and pay the sum of not less than fifty dollars nor more than one hundred dollars, together with all charges and expenses for inspection and analysis connected therewith by any person suing therefor in the name of the Commonwealth, as debts of like amount are by law recoverable; and justices of the peace and aldermen throughout this Commonwealth shall have jurisdiction to hear and determine all actions arising under the provisions of this act, and all cheese not in accordance with this act shall be subject to forfeiture and spoliation: Provided, That the department of agriculture, through its officers known as the dairy and food commissioner, together with his deputies, agents, and assistants, shall be Commissioner to enforce. charged with the enforcement of the provisions of this act, and shall have authority to enter any building or factory where the same is sold or manufactured or exposed for sale, and shall have the right to take samples sufficient for analysis upon tendering the value thereof. All fines and penalties, including also all charges for inspection and analysis, shall be Disposition of fines. paid to the dairy and food commissioner, his deputies, agents, or assistants, and by him immediately covered into the State treasury, and so much of said fund as may be necessary for the enforcement of this act shall be drawn out upon warrants signed by the secretary of agriculture and auditorgeneral: Provided, That the provisions of this act shall not be construed to apply to such cheese as is known as "fancy" cheese and Fancy cheese and pot cheese excepted. is under five pounds in weight each, or to what is known as cottage cheese or pot cheese, and do not contain anything injurious to health. In effect. SEC. 4. This act shall take effect sixty days after its approval by the governor of the Commonwealth. Session of 1893, No. 65. AN ACT to prohibit the use of any adulteration or imitation of dairy products in any charitable or penal institution, being supplementary to an act entitled "An act for the protection of the public health and to prevent adulteration of dairy products and fraud in the sale thereof,' approved May twenty-one, anno Domini one thousand eight hundred and eighty-five. (Approved May 23, 1893.) Imitations of dairy products not to be used in State institutions. SECTION 1. That it shall not be lawful for any charitable or penal institution in the State of Pennsylvania to use, furnish to its inmates, any substance the manufacture or sale of which is prohibited by section one of the act entitled "An act for the protection of the public health and to prevent the adulteration of dairy products and fraud in the sale thereof," approved May twenty-first, anno Domini one thousand eight hundred and eighty-five. SEC. 2. That any officer, agent, steward, or other official of any Penalty for asing. such charitable or penal institution who shall knowingly buy any substance the manufacture or sale of which is prohibited by section one of the said act of May twenty-one, anno Domini one thousand eight hundred and eightyfive, for use in such charitable or penal institution, or who shall knowingly cause such substance to be used by the inmates of such charitable or penal institution, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one thousand dollars or imprisonment not exceeding two years for each offense, or either or both, at the discretion of the court. SEC. 3. Every person who shall knowingly sell or offer for sale Penalty for selling. to any officer, agent, steward, or other official of any charitable or penal institution any substance the manufacture or sale of which is prohibited by section one of the said act of May twenty-first, anno Domini one thousand eight hundred and eighty-five, for use in such charitable or penal institution, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine not exceeding one thousand dollars or by imprisonment not exceeding two years, or either or both, at the discretion of the court. Session of 1895, No. 233. AN ACT to provide against the adulteration of food and providing for the enforcement thereof. (Approved June 26, 1895.) Sale of 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. 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 shall be deemed to be adulterated within the meaning of this act "Adulterated" defined. (a) In the case of food: (1) If any substance or substances have been mixed with it so as to lower or depreciate or injuriously affect its quality, strength, or purity. (2) If any inferior or cheaper substance or substances have been substituted wholly or in part for it. (3) If any valuable or necessary constituent or ingredient has been 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, 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 product of a diseased animal. (6) If it is colored, 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. (7) If it contains any added substance or ingredient which is poisonous 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 mixtures or compounds and are not injurious to health. Samples to be furnished. SEC. 4. Every person manufacturing, offering or exposing for sale, or delivering to a purchaser any article of food 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 article of food which is in his possession. SEC. 5. Whoever refuses to comply, upon demand, with the requirement Penalty. of section four, and whoever violates any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding one hundred nor less than fifty dollars, or imprisoned not exceeding ninety nor less than thirty days, or both, and any person found guilty of manufacturing, offering for sale, or selling any adulterated article of food under the provisions of this act shall be adjudged to pay, in addition to the penalties herein provided for, all the necessary costs and expenses incurred in inspecting and analyzing such adulterated articles of which said person may have been found guilty of manufacturing, selling, or offering for sale: Provided, That all penalties and costs for the violation of the provisions of this act shall be paid Disposition of fines. to the dairy and food commissioner or his agent, and by him paid into the State treasury, to be kept as a fund separate and apart for the use of the department of agriculture for the enforcement of this act, and to be drawn out upon warrant signed by the secretary of agriculture and the auditor-general. SEC. 6. The agent of the department of agriculture, known as the dairy and food commissioner, shall be charged with the enforcement of all the provisions of this act, and shall have the same power to enforce the provisions of this act that is given him to enforce the provisions of the act by which he receives his appointment. Commissioner to caforce. Butter tubs to be branded, RHODE ISLAND. GENERAL LAWS OF 1893, Chapter 146.1 SECTION 1. Every person who shall make or bring into the State any butter firkins or tubs shall brand or mark each one of the same with the weight thereof and with the initial letters of his name, in a plain and durable manner, before he offers the same for sale. SEC. 2. No person shall offer for sale any butter by the firkin or tub unless each firkin and tub shall be branded or marked as aforesaid. Same. Penalty. SEC. 3. Every person who shall offer for sale any butter firkin or tub before the same shall be marked or branded as required in section one of this chapter, or any butter by the firkin or tub in any firkin or tub not marked or branded as aforesaid, or in any firkin or tub which shall weigh more than the mark or brand on it, allowing two pounds additional for the brine absorbed by the same, shall forfeit five dollars, unless there shall be a special contract in relation to the kind, quantity, and quality of the article sold. Butter imitations to be marked "Olcomargarine." SEC. 4. Every person who shall manufacture for sale or who shall offer or expose for sale any article or substance in semblance of butter not the legitimate product of the dairy and not made exclusively from milk or cream, but into which the oil or fat of animals, not produced from milk, enters as a component part, or into 1 Public Statutes, 1882, Chapter 127. 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 side of every tub, firkin, box, or package of such article or substance the word "Oleomargarine," in letters at least one-half inch in length; and in case of Retail sales. retail sale of such article or substance 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;" and every sale of such article or substance not so stamped, branded, marked, or labeled shall be unlawful; and no action shall be maintained in any of the courts of the State to recover on any contract for sale of any such article or substance not so stamped, branded, marked, or labeled. SEC. 5. Every person who shall knowingly sell or offer to sell or expose Penalty. for sale or have in his possession with intent to sell, contrary to the provisions of this chapter, any of the said article or substance required by section four of this chapter to be stamped, branded, marked, or labeled as therein stated, or in case of retail sale without delivery of the label required by section four of this chapter, shall for each such offense be fined one hundred dollars, one-half thereof to the use of the complainant and one-half thereof to the use of the State; and on trial of such offense proof of the sale or offer to sell or of the exposure for sale shall be evidence of knowledge of the character of the article so Evidenes on trial. sold or offered or exposed and of knowledge that the same was not marked, branded, stamped, or labeled as required by this chapter. Penalty. Chapter 147.1 SECTION 1. Milk shall be sold by wine measure, and Milk to be sold by wine measure. all measures used in the sale of milk shall be sealed Measures to be sealed. by the sealer of weights and measures of the town where the person so using the same shall usually reside, or of the town where such milk shall be measured for use; and every person violating the provisions of this section shall forfeit ten dollars for each offense. SEC. 2. The mayor and aldermen of any city, and the Election of inspectors of milk. town council of any town, may annually elect one or more persons to be inspectors of milk therein, who shall be engaged to the faithful discharge of the duties of their office. Every such inspector shall give notice of his election by publishing notice thereof for two weeks in some newspaper published in the city or town for which he shall be appointed, or, if no newspaper be published therein, by posting up such notice in two or more public places in such city or town: Provided, That the mayor and aldermen of the city of Providence shall annually, in the month of August, elect such person or persons to be inspectors of milk, and may, at-any time during the year thereafter, fill by election any vacancy occurring by reason of death, resignation, absence from the city, or inability to act. Election in Providence. Duties and powers of inspectors. and a book for the purpose of recording the names SEC. 3. Every inspector of milk shall have an office and places of business of all persons engaged in the sale of milk within the limits of his town. He may enter any place where milk is stored or kept for sale and examine all carriages used in the conveyance of milk, and whenever he has reason to believe any milk found by him is adulterated, he shall take specimens thereof and cause the same to be analyzed or otherwise satisfactorily tested, the result of which he shall record and preserve as evidence; and a certificate of such result, sworn to by the analyzer, shall be admissible in evidence in all Compensation. prosecutions under this chapter. Such inspector shall receive such compensation as the mayor and aldermen or town council shall determine. SEC. 4. Whenever the inspector of milk Inspector to take samples of food suspected. shall have reason to believe that adulterated produce or food is being sold or kept for sale contrary to law, he shall take at least two specimens from the same package or bulk as samples thereof, such specimens, if solid, not to exceed in weight one pound each, and, if liquid, not to exceed in measure one pint each. He shall take said samples in the presence of the owner or his agent, and shall seal and label the same in the presence of such owner or agent, said labels to state the kind of provisions or food and the name of the seller, and shall then and there deliver one of said samples to such owner or agent. 1Public Statutes, 1882, chapter 127, (15 R. I. 208); also Laws 1891, chapter 1024, section 1, and chapter 979, section 1; also Laws 1882, chapter 276, sections 1-4; (10 Rhode Island, 258; 14 Rhode Island, 100); also Laws 1886, chapter 560, section 1. |