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SEC. 41. Whenever the Dairy and Food Commissioner, or his assistants, has reason to believe that any milk found by him is adulterated, he shall take specimens thereof and test the same with such instruments as are used for such purpose, and he shall make an analysis thereof, showing total solids, the percentage of butter, the percentage of water and the percentage of ash; and if the result of such test and analysis indicates that the milk has been adulterated or deprived of its fat below the requirements of Section 40 of this act, the same shall be prima facie evidence of such adulteration in a prosecution under this act.
SEC. 42. Authority is hereby given the common council of any city or town to appoint an inspector of milk in any such city or town and to fix his compensation, and when appointed the said inspector of milk shall have all the powers given by Section 57 of this act, and shall perform all the duties required of inspectors of milk as provided herein, and such other powers and duties as may be conferred or imposed by the ordinances of said cities or towns.
SEC. 43. Any person who shall remove the cream or any part thereof from milk, to be sold as pure milk, to any factory in which milk is used as a material in the process of production, and any person who shall, in any manner, adulterate such milk, either by addition of water or otherwise, shall be guilty of a misdemeanor, and shall for every such offense be punished by a fine not exceeding $100 or by imprisonment in the county jail not exceeding ninety days.
SEC. 44. No person shall offer for sale, sell, exchange or deliver or have in his possession with intent to sell, exchange or deliver, any milk to which water, chemicals or preservatives, or any other fereign substance has been added. The term “milk” as used in this act shall include all milk, cream or milk in its natural state as drawn from the COW.
SEC. 45. Whoever shall do any of the acts or things prohibited, or neglect or refuse to do any of the acts or things enjoined by Section 44 of this act, or in any way violate any of its provisions shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than $10 nor more than $100, or by imprisonment in the county jail not more than ninety days, or by both such fine and imprisonment.
Sec. 46. That any person manufacturing for sale or selling or offering to sell or exchange any candies or confectioneries adulterated by admixture of terra alba, barytes, talc or other earthly or mineral substances, or any poisonous colors, flavors or extracts or other deleterious ingredients detrimental to health, shall upon proper conviction thereof before a court of competent jurisdiction, be punished by a fine of not less than $10 nor more than $100, or imprisonment in the county jail not less than ten days nor more than thirty days, or both such fine and imprisonment.
SEC. 47. No person shall within this State manufacture, brew, distil, have or offer for sale, or sell or exchange any spirituous, vinous, or fermented or malt liquor containing any substance or ingredient not healthful to exist in spirituous, vinous, fermented or malt liquor, or which may be deleterious or detrimental to health when such liquors are used as a beverage.
Sec. 48. If any person shall adulterate any spirituous, vinous or alcoholic liquors used or intended for drink by mixing the same in the manufacture or preparation thereof or by process of rectifying or otherwise, with any deleterious drugs, substance or liquid which is poisonous or injurious to health, except as hereinafter provided, or if any person shall sell, or offer to sell, or exchange, any wine, beer or other malt, spirituous, vinous or alcoholic liquors, or if any person
in this State shall import into this State any wines, malt, spirituous, vinous or intoxicating liquors, and sell, or offer for sale or exchange such liquor, the same to be adultered, or shall sell, or offer to sell or exchange any spirituous, vinous or intoxicating liquors from any barrel, cask or other vessel containing the same, and not branded as hereinafter provided, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500 nor less than $50, and shall be imprisoned in the jail of the county not more than six months nor less than ten days, provided that the mixture of harmless coloring or flavoring ingredients or pure distilled water with whisky, shall not be construed as an adulteration under this act; but such mixture shall be a blend, and any barrel, cask or other vessel containing any such mixture shall be branded or labeled "blend.”
SEC. 49. It shall be the duty of every person or persons engaged in the manufacture and sale of malt, spirituous, vinous or alcoholic liquors, or in blending or preparing the same in any way, to brand on each barrel, cask or other vessel containing the same the names or name of the persons, company or firm manufacturing, blending or preparing the same, and also these words, "containing nothing poisonous or deleterious to health;” provided, that each package of liquors sold shall have pasted, printed or written thereon a label showing whether said liquor is "blended” or “distilled.”
SEC. 50. No person shall sell at wholesale or retail any ale, rum, wine, or any other malt, spirituous, or vinous liquors from any barrel, cask, or vessel, unless the same shall be branded and marked as aforesaid.
SEC. 51. If any barrel, cask or other vessel containing any drugged or poisonous liquor shall be found in the possession of any wholesale or retail dealer in liquor, or in the possession of any person holding himself out as such a dealer, it shall be deemed prima facie evidence of the violation of the provisions of this act.
Sec. 52. That no dealer shall be under the provisions of this act when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party residing within this State or in the United States 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 making the sale of such articles to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines and other penalties which would attach, in due course, to the dealer under the provisions of this act.
Sec. 53. That on October 1st after this act shall take effect the Governor shall appoint a suitable person to be Dairy and Food Commissioner, who shall be a practical analytical chemist, and bacteriologist, which office is hereby created, and which Commissioner so appointed shall hold office until the first day of January, 1909, and until his successor is appointed and qualified. At the next regular session of the Legislature, and every two years thereafter, the Governor shall appoint a Dairy and Food Commissioner, who shall be a practical analytical chemist and bacteriologist, who shall hold his office for the term of two years from the 1st day of January in the year of his appointment and until his successor is appointed and qualified. The sum of $5000 is hereby appropriated out of any funds in the treasury not otherwise appropriated, for the purpose of paying the salary and other expenses of the Dairy and Food Commissioner and his assistants.
Sec. 54. The Governor shall have power to remove such Commissioner at any time in his discretion, and in case of a vacancy in the office of Commissioner from any cause, the Governor may appoint another person to fill the same.
SEC. 55. Before entering upon the duties of his office the person so appointed shall make, subscribe and file in the office of the Secretary of State an oath of office in the form prescribed by law, and shall enter into bond with the State of Texas in the sum of $10,000, with sureties to be approved by the Governor, conditioned for the faithful performance of his duties.
SEC. 56. Said Commissioner shall receive an annual salary of $2000. The said Commissioner is hereby authorized and empowered and with the advice and consent of the Governor to appoint a deputy commissioner, who shall be a practical analytical chemist. The salary of the deputy commissioner shall be $1200 per annum. The Commissioner shall appoint one stenographer for the transaction of the business of his affice. Said stenographer shall receive an annual salary of not to exceed the sum of $600. The actual and necessary expenses of the Commissioner and his deputy in the performance of their official duties shall be audited by the Comptroller and paid upon his warrant drawn on the State Treasurer. Such compensations and expenses shall be certified, audited and paid in the same manner as salaries and expenses of similar offices. The deputy commissioner shall enter into bonds with the State of Texas for the sum of $5000, with sureties to be approved by the Commissioner, conditioned for the faithful performance of his duties. Office room shall be furnished in the College of Industrial Arts located at Denton, Texas, and the necessary fixtures, apparatus and the necessary stationery, supplies and printing for the conduet of the business of the said Commissioner shall be furnished by the State of Texas. Said Dairy and Food Commissioner shall be under the supervision of the Board of Directors of the College of Industrial Arts of Texas.
Provided, that the Board of Directors of said college shall have no power to supervise, direct, control, or in any manner interfere with said Dairy and Food Commissioner in the performance of the duties of his office, but the supervisory powers of said board shall only extend to the location of said office room for said Commissioner in said college and to making arrangements and agreements with said Commissioner whereby the students of said college may be enabled to get the benefit of such
analyses and such other work of said Commissioner as may be of benefit to such students.
Sec. 57. It shall be the duty of the Dairy and Food Commissioner to carefully inquire into the quality of the dairy, food and drink products, and the several articles which are foods or the necessary constituents of food or drink which are manufactured or sold or exposed or offered for sale in this State, and he may in a lawful manner procure samples of the same and make due and careful examination, and the analysis of all or any such food, drugs and drink products, to discover if the same are adulterated, impure or unwholesome, in contravention of the laws of this State, and it shall be the duty of the Commissioner to make complaint against the manufacturer or vendor thereof, in the proper county, and furnish the evidence thereon and thereof to obtain a conviction of the offense charged. The Dairy and Food Commissioner, or his deputy, or any person by him duly appointed for that purpose shall make complaint and cause proceedings to be commenced against any person for the violation of any of the laws relative to adulterated, misbranded or impure or unwholesome food, and in such case he shall not be obliged to furnish security for costs; and shall have power in the performance of his duties to enter into any creamery, factory, store, salesroom, drug store or laboratory, or place where he has reason to believe food or drink are made, prepared, sold or offered for sale or exchange, and to open any cask, tub, jar, bottle or package containing or supposed to contain any article of food or drink, and examine or cause to be examined the contents thereof, and take therefrom samples for analysis. The person making such inspection shall take such sample of such article or product in the presence of at least one witness, and he shall in the presence of such witness mark or seal such sample and shall tender at the time of taking to the manufacturer or vendor of such produce, or to the person having the custody of the same, the value thereof, and a statement in writing of the reason for taking such sample. It shall also be the duty of the Dairy and Food Commissioner to formulate, publish and enforce such rules and regulations as may be necessary to enforce this act, and he shall adopt the rulings and standards for food, food products, beverages, drugs, etc., and the methods of analysis authorized as official by the United States Department of Agriculture or the National Food Commission in so far as they are applicable.
Sec. 58. If any person shall have in his possession or control any article or articles of adulterated or misbranded food or drugs contrary to the provisions of this act, he shall be held to have possession of property with intent to use it as a means of committing a public offense, and all the provisions of the chapter in the statutes of the State of Texas relating to search warrants and proceedings thereon shall apply, except the officer serving the warrant, in addition to his duties as therein required, shall deliver to the Food and Dairy Commissioner, or to the person by him authorized in writing to receive the same a perfect sample of each article seized by virtue of such warrant for the purpose of having the same analyzed, and forthwith return to the person from whom it was taken the remainder of each article seized. If any sample is found to be any character of adulterated or misbranded food, it shall be returned to and retained by the magistrate for the purposes contemplated in said
chapter on search warrants, but if any sample be found not adulterated or misbranded food it may be returned to the owner or the value of the same shall be paid by the Food and Dairy Commissioner as a part of the expenses of his office to the person from whom it was taken.
SEC. 59. The Commissioner, his deputy or any person by said Commissioner duly appointed for that purpose, is authorized at all times to seize and take possession of any and all food, drugs, drinks and dairy products, substitute thereof, or imitations thereof kept for sale, exposed for sale, exposed for exchange, held in possession or under the control of any person which in the opinion of the said Commissioner or his deputy, or such person by him duly appointed, shall be contrary to the provisions of this act or other laws which now exist or which may be hereafter enacted. First, the person so making such seizure as aforesaid shall take from such goods as seized a sample for the purpose of analysis, and shall cause the remainder thereof to be boxed and sealed and shall leave the same in the possession of the person from whom they were seized subject to such disposition as shall thereafter be made thereof according to the provisions of this act. Second, the person so making such a seizure shall forward the sample so taken to the Commissioner for analysis, who shall make an analysis of the same and shall certify the results of such analysis, which certificate shall be prima facie evidence of the fact or facts therein certified to in any court where the same shall be offered in evidence. Third, if upon such analysis it shall appear that said food, drugs or dairy products are adulterated, substitutes or imitations within the meaning of this act, said Commissioner or his deputy or any person by him duly authorized, may make complaint before any justice of the peace having jurisdiction where such goods were seized, and thereupon said justice of the peace shall issue his summons to the person from whom said goods were seized, directing him to appear not less than six days nor more than ten days from the date of issuing of said summons and show cause why said goods should not be condemned and disposed of. If the said person from whom said goods were seized can not be found, said summons shall be served upon the persons then in possession of the goods. The said summons shall be served at least ten days before the time of appearance mentioned herein. If the person from whom said goods were seized can not be found and no one can be found in possession of said goods, and the defendants shall not appear on the return day, then said justice of the peace shall proceed in said cause in the same manner provided by the law where a writ of attachment is returned not personally served upon any of the defendants, and none of the defendants shall appear upon the return day. Fourth, unless cause to the contrary thereof is shown, or if said goods shall be found upon trial to be in violation of any of the provisions of this act or other laws which now exist, or which may be hereafter enacted, it shall be the duty of said justice of the peace to render judgment that said seized property be forfeited to the State of Texas, and that the said goods be destroyed or sold by the said Commissioner for any purpose other than to be used as food. The mode of procedure before said justice of the peace shall be the same, as near as may be, as in civil proceedings before justices of the peace.