ARKANSAS.

GENERAL FOOD LAWS.

SEC. 1. Penalty for misbranding. It shall be unlawful for any person to manufacture within the State any article of food or drug which is adulterated or misbranded within the meaning of this Act; and any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and for such offense shall, upon conviction thereof, be fined not to exceed five hundred dollars, ($500), or shall be sentenced to one year's imprisonment, or both such fine and imprisonment, in the discretion of the court, and for each subsequent offense and conviction thereof, shall be fined not less than one thousand dollars ($1,000), or sentenced to one year's imprisonment, or both such fine and imprisonment, in the discretion of the court.

SEC. 2. State officers to make rules; collection of samples, etc. The State Treasurer, the secretary [commissioner] of agriculture, mines and manufactures and secretary of State shall make uniform rules and regulations for carrying out the provisions of this Act, including the collection and examination of specimens of food and drugs 'manufactured or offered for sale in the State.

SEC. 3. Examination of samples collected; notice of adulteration given to party from whom sample was obtained; hearing. The examination of specimens of foods and drugs shall be made by the State Commissioner of Health, or under the direction and supervision of such commissioners for the purpose of determining from such examination whether such articles are adulterated or misbranded within the meaning of this Act, and if it shall appear from any such examination that any of such specimens is [are] adulterated or misbranded within the meaning of this Act the secretary [commissioner] of mines, manufactures and agriculture shall cause notice thereof to be given to the party from whom such sample was obtained.

Any party so notified shall be given an opportunity to be heard, under such rules and regulations as may be prescribed aforesaid, and if it appears that any of the provisions of this Act have been violated by such party, then the secretary [commissioner] of mines, manufacturing and agriculture shall at once certify the facts to the proper prosecuting attorney, with a copy of the results of the analysis or the examination of such articles, duly authenticated by the analyst or officer making such examination under the oath of such office. After judgment of the court, notice shall be given by publication in such a manner as may be prescribed by the rules and regulations aforesaid.

SEC. 4. Prosecutions. It shall be the duty of each prosecuting attorney to whom the secretary [commissioner] of mines, manufacturing and agriculture shall report the violation of this Act, or to whom any health or food or drug officer or agent of any county shall present satisfactory evidence of any such violation, to cause appropriate proceedings to be commenced and prosecuted in the proper course [courts] of the State, without delay, for the enforcement of the penalties as in such case herein provided.

SEC. 5. "Drug" and "food" defined. The term "drug" as used in this Act shall include all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation or prevention of disease of either man or other animal. The term food" as used herein shall include all articles used for food, drink, confectionery or condiment by man or other animal, whether simple, mixed or compound.

SEC. 6. Adulterations defined. deemed to be adulterated :

In the case of confectionery:

For the purpose of this Act an article shall be

If it contains terra alba, barytes, talc, chrome yellow or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt or spirituous liquor or compound or narcotic drug.

In the case of food:

First. If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength.

Second. If any substance has been substituted wholly or in part for the article.

Third. If any valuable constituent of the article has been wholly or in part abstracted.

Fourth. If it is mixed, colored, powdered, coated or stained in a manner whereby damage or inferiority is concealed.

Fifth. If it contains any added poisonous or other added deleterious ingredient which may render such article injurious to health.

Sirth. If it contains in whole or in part of a filthy, decomposed or putrid animal or vegetable substance, or any portion of any animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter.

For the purpose of this Act an article shall also be deemed be misbranded. In the case of food:

First. If it be an imitation of, or offered for sale under the distinctive name of another article.

Second. If it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part, and other contents shall have been placed in such package, or if it fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate or acetanilid or any derivative or preparation of any such substance contained therein.

Third. If any a in package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of package.

a

Fourth. If the package containing it or its label shall bear any statement, design or device regarding the ingredients or the substance contained therein, which statement, design or divice shall be false or misleading in any particular; Provided, that any article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be 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 an imitation of, or offered for sale under the distinctive name of an

So in Statutes.

other article, if the name be accompanied on the same label or brand with the statement of the place where said article has been manufactured or produced. Second. In the case of articles labeled, branded or tagged so as to plainly indicate that they are compounds, imitations or blends, and the word "compound,” “imitation" or "blend," as the case may be, is plainly stated on the package of which it is offered for sale; Provided, that the term “blend,” as used herein shall be construed to mean a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring or flavoring only; and provided further, that nothing in this Act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods or medicines, which contain no unwholesome added ingredients to disclose their trade formula, except in so far as the provisions of this Act may require to secure freedom from adulteration or misbranding.

SEC. 7. Exemption from prosecution. No dealer shall be prosecuted under the provisions of this Act when he can establish a guaranty signed by the wholesaler, jobber, manufacturer or other party residing in the State, from whom he purchases such articles, to the effect that the same is not adulterated or misbranded within the meaning of this Act designating it. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case said party or parties shall be amenable to the prosecution, fines and other penalties which would attach in due course to the dealer under the provisions of this Act.

SEC. 8. Destruction of deleterious articles. The State Treasurer shall deliver to the secretary [commissioner] of mines, manufacturing and agriculture upon his request from time to time, samples of food and drugs which are being manufactured in the State, or offered for sale, giving notice thereof to the owner, who may appear before the secretary [commissioner] of mines, manufacturing and agriculture, and have the right to introduce testimony, and if it'appear from the examination of such samples that any article of food or drugs offered to be manufactured or for sale, is adulterated or misbranded within the meaning of this Act, or is otherwise dangerous to the health of the people of the State, the State Treasurer shall cause the destruction of any goods refused to be manufactured or sold within three months from the date of notice of such refusal, under such regulations as the State Treasurer may prescribe.

SEC. 9. Effect. This Act shall be in force and effect from and after the first day of January, 1908.

SEC. 10. Repeal. All Acts and parts of Acts inconsistent herewith are hereby repealed.

Approved May 28, 1907. Acts of 1907, No. 431, pp. 1155-1162.

CONFECTIONERY.

See General Food Law, page 12.

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CALIFORNIA.

GENERAL FOOD LAWS.

SEC. 1. Adulteration, mislabeling and misbranding. The manufacture, production, preparation, compounding, packing, selling, offering for sale or keeping for sale within the State of California, or the introduction into this state from any other state, territory, or the District of Columbia, or from any foreign country, of any article of food or liquor which is adulterated, mislabeled or misbranded within the meaning of this act is hereby prohibited. Any person, firm, company, or corporation who shall import or receive from any other state or territory or the District of Columbia or from any foreign country, or who having so received shall deliver for pay or otherwise, or offer to deliver to any other person, any article of food or liquor adulterated, mislabeled or misbranded within the meaning of this act, or any person who shall manufacture or produce, prepare or compound, or pack or sell, or offer for sale, or keep for sale, in the State of California any such adulterated, mislabeled or misbranded food, or liquor shall be guilty of a misdemeanor; provided that no article of food shall be deemed adulterated, mislabeled or misbranded within the provisions of this act, when prepared for export beyond the jurisdiction of the United States and prepared or packed according to specifications or directions of the foreign purchaser, when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is intended to be shipped; but if such foods shall be in fact sold, or kept or offered for sale for domestic uses and consumption, then this proviso shall not exempt said article from the operation of any provisions of this act.

SEC. 2. "Food" defined. The term "food" as used in this act shall include all articles used for food, drink, liquor, confectionery or condiment by man or other animals, whether simple, mixed, or compound.

SEC. 3. Standard of purity. The standard of purity of food and liquor shall be that proclaimed by the Secretary of the United States Department of Agriculture.

SEC. 4. Adulteration defined; provisos. Food shall be deemed adulterated within the meaning of this act, in any of the following cases:

First. If any substance has been mixed or packed, or mixed and packed with the food so as to reduce or lower or injuriously affect its quality, purity, strength, or food value.

Second. If any substance has been substituted wholly or in part for the article of food.

Third. If any essential or any valuable constituent or ingredient of the article of food has been wholly or in part abstracted.

Fourth. If it be mixed, colored, powdered, coated or stained in any manner whereby damage or inferiority is concealed.

Fifth. If it contain any added poisonous or other added deleterious ingredient.

Sixth. If it consists in whole or in part of a filthy, decomposed or putrid animal or vegetable substance, or any portion of an animal or vegetable unfit

for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter; provided that an article of liquor shall not be deemed adulterated, mislabeled or misbranded if it be blended or mixed with like substances so as not to injuriously reduce or injuriously lower or injuriously affect its quality, purity or strength.

Seventh. In the case of confectionery: If it contain terra alba, barytes, talc, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt, or spirituous liquor or compound or narcotic drug.

SEC. 5. Definition. The term "misbranded" as used herein shall apply to all articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design or device regarding such article, or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food product which is falsely branded as to the county, city and county, city, town, state, territory, District of Columbia or foreign country in which it is manufactured, or produced.

SEC. 6. Mislabeling and misbranding defined; provisos. Food and liquor shall be deemed mislabeled or misbranded within the meaning of this act in any of the following cases:

First.

If it be an imitation of or offered for sale under the distinctive name of another article of food.

Second. If it be labeled or branded or colored so as to deceive or mislead, or tend to deceive or mislead the purchaser, or if it be falsely labeled in any respect, or if it purport to be a foreign product tend to mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package.

Third. If in package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package.

Fourth. If the package containing it or its label shall bear any statement, design or device regarding the ingredients or the substance contained therein, which statement, design, or device shall be false or misleading in any particular.

Fifth. When any package bears the name of the manufacturers, jobbers or sellers, or the grade or class of the product, it must bear the name of the real manufacturers, jobbers or sellers and the true grade or class of the product, the same to be expressed in clear and distinct English words in legible type, provided, that an article of food shall not be deemed misbranded, if it be a wellknown food product of a nature, quality and appearance, and so exposed to public inspection as not to deceive or mislead nor tend to deceive or mislead a purchaser, and not misbranded and not of the character included within the definitions 1 to 4 of this section.

SEC. 7. Definition. The term "package" as used in this act shall be construed to include any phial, bottle, jar, demijohn, carton, bag, case, can, box or barrel or any receptacle, vessel or container of whatsoever material or nature which may be used by a manufacturer, producer, jobber, packer or dealer, for inclosing any article of food.

SEC. 8. Violation of act. The possession of any adulterated, mislabeled or misbranded article of food or liquor by any manufacturer, producer, jobber, packer, or dealer in food, or broker, commission merchant, agent, employé or

a So in Statutes.