WEST VIRGINIA. GENERAL FOOD LAWS. SEC. 1. Prosecuting attorney to collect samples; analysis; proviso. The prosecuting attorney of each county in this state shall have the power, and it will be his duty under this act, to enter during the usual hours of business into any creamery, factory, store, sales-room, drug store or laboratory, or any place, where he has reason to believe food, drink or drugs are made, prepared or sold or offered for sale, and to open any case, tub, jar, bottle or package containing or supposed to contain any articles of food, drink or drugs, and examine or cause to be examined and analyzed the contents thereof. It shall be the duty of the chemist of the state agricultural department to analyze any of the above enumerated articles that may be sent him by the prosecuting attorney, and certify the result of said analysis to said prosecuting attorney. Provided, that if less than a whole package shall be taken under this section, the sample as taken shall be sealed and prepared in every manner for shipment to the person who shall make the analysis hereinafter provided for. No package taken and prepared for shipment shall be opened before it has been received by the analyst aforesaid. If a whole package be taken it shall not be opened before it has been received by the analyst aforesaid. SEC. 2. Adulteration prohibited; “food” and “drug” defined. No person shall, within this state, manufacture for sale, offer for sale, or sell any drug or article of food which is adulterated within the meaning of this act. The term "drug" as used in this act, shall include all medicines for internal or external use, antiseptics, disenfectants and cosmetics. The term "food" as used herein shall include all articles used for food, drink, confectionery or condiment by man, whether simple, mixed or compound. SEC. 3. Adulteration defined; proviso. An article shall be deemed to be adulterated within the meaning of this act: * a One, if any substance or substances have been mixed with it, so as to lower or depreciate or injuriously affect its quality, strength or purity; two, if any inferior or cheaper substance or substances have been substituted wholly or in part for it; three, if any valuable or necessarily constituent or ingredient has been wholly or in part abstracted from it; four, if it is an imitation of, or is sold under the name of another article; five, if it consists wholly or in part of 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; six, 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; seven, if it contains any added substance a ingredients which is poisonous or injurious to the health; eight, if it is sold under a coined name and does not contain some ingredient suggested by such name or contains only an inconsiderable quantity; nine, if So in Statutes. the package containing it or any label thereon shall bear any statement regarding it or its composition which shall be false or misleading in any particular, provided, that the provisions of this act shall not apply to mixtures or .compounds recognized as ordinary articles or ingredients of articles of food or drink, if each and every package sold or offered for sale is distinctly labeled in words of the English language as mixtures or compounds, with the name and per cent of each ingredient therein; the word "compound" or "mixture" shall be printed in type not smaller in either height or width than one-half the largest type upon any label on the package and the formula shall be printed in letters not smaller in either height or width than one-fourth the largest type upon any label on the package, and said compound or mixture must not contain any ingredient injurious to the health. SEC. 5. Penalty for violation of act. Whoever by himself or his agents, violates any of the provisions of this act, shall upon conviction be punished by a fine of not less than fifty nor more than one hundred dollars, or by imprisonment in the county jail not less than twenty days nor more than sixty days, or both for each subsequent offense. SEC. 6. "Person" defined. The word "person as used in this act shall include persons, corporations and co-partnerships. SEC. 8. Cost of inspection, analysis, and prosecution to be paid by guilty party. Any person guilty of violating any of the provisions of this act, shall be adjudged to pay, in addition to the penalties hereinbefore provided for, all necessary costs and expenses incurred in inspecting and analyzing any such adulterated food, drink, or drugs which said party may have been guilty of adulterating, or selling, or keeping for sale or offering for sale, including a fee of twenty dollars to the prosecuting attorney; the costs incurred by reason of the examination of such food, drink or drugs shall be paid, when collected, into the county treasury. SEC. 9. Effect. This act shall not go into effect until January the first, one thousand nine hundred and eight. Passed February 16, 1907. Acts of 1907, ch. 68, pp. 270–273. MEAT. SEC. 7. Slaughter of calves; penalty. Whoever by himself or his agents, kills for the purpose of sale, any calf less than four weeks old, or sells, or has in his possession with the intent to sell, the meat of any calf which he knows to have been killed when less than four weeks old, shall be fined not less than five dollars, nor more than fifteen dollars or imprisonment not more than sixty days, or both. Passed February 16, 1907. Acts of 1907, ch. 68, pp. 272–273. WISCONSIN.@ GENERAL FOOD LAWS. 4607h. Obstructing dairy and food officers; penalty. Any person who shall obstruct the dairy and food commissioner of this state or either of his assistants, chemists or inspectors in the performance of their duty by refusing him entrance to any place he is authorized to enter or by refusing to deliver him a sample of any article of food, drink or drug made, sold, offered or exposed for sale by the person to whom request therefor is made, if the value thereof is tendered, shall be ** guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars or by imprisonment in the county jail not less than ten days nor more than sixty days.-As amended May 3, 1907; Laws of 1907, ch. 78, pp. 651-652. See Bul. 69, Rev., Pt. VIII, p. 680. Statutes of 1898, vol. 2, ch. 187, p. 2791. 4600. Adulteration prohibited; intoxicants in candy; penalty; definitions. Any person who shall, by himself, his servant or agent, or as the servant or agent of any other person, sell, exchange, deliver or have in his possession with intent to sell, exchange, offer for sale or exchange any drug or article of food which is adulterated, or any candy containing intoxicating liquor, shall be fined not less than twenty-five dollars, nor more than one hundred dollars, or by imprisonment in the county jail not less than thirty days nor more than four months. * The term "food" as used herein shall include all * articles used for food or drink or condiment by man, whether simple, mixed or compound.-As amended June 6, 1907; Laws of 1907, ch. 168, pp. 645–646. See Bul. 69, Rer., Pt. VIII, p. 672. Statutes of 1898, vol. 2, ch. 187, p. 2783. 4601aa. Foods: false branding of weight, measure, country or contents; prosecution. Any person, firm or corporation by himself, officer, servant or agent, or as the officer, servant or agent of any other person, firm or corporation, who shall manufacture or solicit or take orders for delivery, or sell, exchange, deliver or have in possession with the intent to sell, exchange or expose, or offer for sale or exchange any article of food within the meaning of section 4600, statutes of 1898, which is misbranded within the meaning of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail not less than ten days nor more than sixty days. The term "misbranded," as used herein, shall apply to articles of food, or articles which enter into the composition of food, which, or the package or label of which shall bear any statement, design or device a Food laws passed during July, 1907, are found in the appendix. regarding such article or the ingredients or substances contained therein which shall be false or misleading in any particular; or 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; and to any food product which is falsely branded as to the state, territory or country in which it is manufactured or produced. Any article of food shall also be deemed to be misbranded 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. The term "label," as used in this section and in section 4601, statutes of 1898, or in any other section of these statutes, relating to the adulteration or misbranding of food, unless otherwise specifically described and provided therein, shall apply to any printed, pictorial or other matter upon or attached to any package of a food product or any container thereof. It is hereby made the duty of the dairy and food commissioner of this state, by himself, or assistants, chemists, inspectors and agents, to see that the provisions of this section are enforced and for this purpose all the powers conferred upon the said commissioner, his assistants, chemists, inspectors and agents, by sections 1410a, 1410b, 1410d, of the statutes of 1898, or by any other provision of these statutes are hereby conferred upon said dairy and food commissioner, his assistants, chemists, inspectors and agents, so far as the same may be applicable.—Added June 6, 1907, Laws of 1907, ch. 173, pp. 650–651. Statutes of 1898, vol. 2, ch. 187. 1410d. Dairy and food commissioner; food conventions; marimum expense of analyses. The governor may authorize the commissioner or his assistants, chemists or inspectors, when not engaged in the performance of other official duties, to give such aid in farmers' institutes, dairy and food and farmers' conventions and the agricultural department of the state university as may be deemed advisable. For the necessary expenses of making the analyses contemplated in the foregoing sections the commissioner may incur an annual expense of not to exceed one thousand dollars, the accounts for which, when verified and itemized, and approved by the governor shall be audited by the secretary of state.-1s amended June 12, 1907; Laws of 1907, ch. 206, pp. 307–308. See Bul. 69, Rev., Pt. VIII, p. 677. Statutes of 1898, vol. 1, ch. 56b, p. 1060. 4601-4a. Food purity standards of U. S. adopted. In all prosecutions arising under the provisions of these statutes for the manufacture or sale of an adulterated, misbranded or otherwise unlawful article of food, drink, condiment or drug, the latest standards of purity for food products, established by the United States secretary of agriculture, shall be accepted as the legal standards, except in cases where other standards are specifically prescribed by the laws of this state.-Added June 12, 1907. Laws of 1907, ch. 205, pp. 649–650. Statutes of 1898, vol. 2, ch. 187. BAKING POWDER. 4601b. Baking powder to be labeled with name of each ingredient in English. Any person who shall, by himself, his servant or agent or by the servant or agent of any other person, make or manufacture baking powder or any mixture or compound intended for use as a baking powder, or sell, exchange or deliver, or have in his possession with the intent to sell or exchange, or expose or offer for sale or exchange such baking powder, or any mixture or compound intended for use as a baking powder, unless each receptacle or package in which the same is kept for sale or sold, has securely affixed in a conspicuous place upon the side thereof, and plainly separated from other reading matter, a white or light colored label, upon the outside face of which label shall be printed in English language, with black ink, in type not smaller that eight point, bold-faced, Gothic capitals, the name and address of the manufacturer of such baking powder, and the words: "This baking powder is composed of the following ingredients and none other," and immediately thereafter upon the same label, in color, style and manner above specified, the name of each ingredient contained in such baking powder, using the name by which each ingredient is commonly known, shall be punished as provided in the next preceding section, provided, that for the purposes of this act, alum in any form or shape or any aluminum salt shall be designated by the term alum.-As amended May 3, 1907. Laws of 1907, ch. 77, p. 651. See Bul. 69, Rev., Pt. VIII, p. 673. Statutes 1898, vol. 2, ch. 187, p. 2783. BREAD. 1636-61. 1. Bakeries and confectioneries; sanitary storage rooms; pure air; impermeable floors; single use. All buildings occupied for bakeries and confectionery establishments, and all buildings or rooms for storage of goods that are intended to be used in the preparation of the products of such establishment or for storage of the products of such establishments shall be well drained and all plumbing therein shall be constructed in accordance with well established sanitary principles and of good workmanship, and the rooms thereof used for the manufacture, storage or sale of bread and other food products or for the storage of goods that are intended to be used in the preparation of such bread and other food product shall be light, dry and airy. The air within such bakery or confectionery establishment shall at all times be kept pure and free from harmful odors and noxious gases. The room or rooms used for the manufacture or storage of bread and other food products in bakeries and confectionery establishments shall have floors and side walls so constructed as to exclude rats, mice and other vermin, and said floor and side walls shall at all times be free from moisture and kept in a good state of repair. Said floor shall have a smooth surface and be impermeable and may be constructed of wood, cement or tile laid in cement. But no floor shall be constructed in a room used for the manufacture of * * bread and other food products in bakeries and confectionery establishments where the floor of said room is more than eight feet below the level of the street, sidewalk or adjacent ground. The walls and ceiling of such rooms used for the manufacture or storage of bread * other food products, or for the storage of goods that are intended to be used in the preparation of such bread and other food products shall be whitewashed at least as often as once in six months and the floors, utensils and furniture of such rooms as are used for the manufacture, storing or sale of said food products and the wagons used for the delivery of said food products shall at all times be kept in a sanitary, clean condition. The furniture and utensils of such rooms shall also be so arranged so that the same can be easily and perfectly cleaned. No room used as a bakery shall be used for any other purpose. * ** or 2. No filth, disease, vermin, uncleanness. No food shall be prepared in any unclean manner or near any filthy object in any bakery or confectionery establishment, or by any person wearing filthy clothing, nor by any person afflicted with a loathsome disease. No goods that are decayed, or have been contami a So in Statutes. |