original prescriber; provided, however, that the provisions of this act shall not apply to sales at wholesale by jobbers, wholesalers, and manufacturers to retail druggists, nor to sales at retail by retail druggists to regular practitioners of medicine, dentistry, or veterinary medicine, nor to sales to hospitals, colleges, or scientific or public institutions.

Section 2. Every person who shall knowingly violate any of the provisions of this act shall be fined not less than twenty-five dollars nor more than fifty dollars. City, police, town and borough courts, having criminal jurisdiction where established, and justice of the peace, in towns where such courts do not exist shall have jurisdiction to hear and determine prosecution for violations of the provisions of this act and to impose penalties therefor.

Approved, June 7, 1905.

PURE FOOD LAW.

(Substitute for House Bill No. 746.)

CHAPTER 255.

An Act concerning the Manufacture, Sale, or Transportation of Adulterated, Misbranded, Poisonous, or Delecterious Foods, Drugs, or Liquors within this State.

Be it enacted by the Senate and House of Representatives in General Assembly convened

SECTION I. It shall be unlawful for any person to manufacture, transport, sell, or offer for sale or transportation any article of food or drugs which is adulterated or misbranded within the meaning of this act.

SEC. 2. 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 medicinal 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 animals. The term "food" as used herein shall include all articles, whether simple, mixed or compound, used for food, drink, confectionery, or condiment by man or animals.

SEC. 3. For the purposes of this act an article shall be deemed to be adulterated: In the case of drugs: First, if, when a drug is sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality or purity as determined by the test laid down in said United States Pharmacopoeia or indicated by the National Formulary official at the time of investigation; provided, that no drug defined in the United States Pharmacopoeia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality, or purity be plainly stated on the bottle, box, or other container thereof although the standard may differ from that determined by the test laid down in the United States Pharmacopoeia or indicated by the National Formulary: Second, if its strength or purity falls below the professed standard or quality under which it is sold. In the case of confectionery: If it contains terra alba, barytos, talc, chrome yellow, or other mineral substances or poisonous color or flavor, or other ingredients deleterious or detrimental to health, or any vinous, malt, or spirituous liquor or compound, or narcotic drugs. In the case of foods: First, if any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its qualify 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 therefrom: Fourth, if it be 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: 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 unfit for food, whether manufactured or not, if it is the product of a diseased animal or one that has died otherwise than by slaughter.

SEC. 4. The term "misbranded" as used in this act shall apply to all drugs or 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 or drug product which is falsely branded as to the state, territory, or country in which it is manufactured or produced. For the purposes of this act an article also shall be deemed to be misbranded: In the case of drug: First, if it be an imitation of or offered for sale under the name of another article: Second, 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, except when dispensed by a registered physician or veterinary, or by a licensed pharmacist in filling the prescription of a registered physician or veterinary, or in case of drugs for external use only, the package fails to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilid, or any derivatives or preparations of any of the said substances contained therein. In the case of foods: First, if it be an imitation of or offered for sale under the distinctive name of another article: Second, if it be labled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when not in fact a foreign product, 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 fails to bear a statement on the label of the quantity or proportion of morphine, opium, cocaine, alpha or beta eucaine, heroin, chloroform, cannabis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any of the said substances contained therein: Third, if, when in package form and the contents are stated in terms of weight or measure, the weight or measure is not plainly and correctly stated on the outside of the package: Fourth, if the package containing it, or the label of such package, 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;

provided, that an 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 any mixture or compound which may be now or from time to time hereafter known as an article of food under its own distinctive name, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied, on the same label or brand, with a statement of the place where said article has been manufactured or produced: Second, in the case of an article labeled, branded, or tagged so as to plainly indicate that it is a compound, imitation, or blend, and the word “compound,” "imitation," or "blend," as the case may be, is plainly stated on the package in 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 and flavoring only; and provided, further, that nothing in this act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredients to disclose their trade formulæ except in so far as the provisions of this act may require to secure freedom from adulteration or misbranding.

SEC. 5. The dairy commissioner and the director of the Connecticut agricultural experiment station, acting jointly, shall make uniform rules and regulations for carrying out the provisions of this act, including the collection and examination of specimens of foods and drugs manufactured, sold, transported, or offered for sale or transportation within this state, or which may be submitted for examination by any health, food, or drug officer of any town, city, or county in the state. Such rules and regulations shall, where possible, conform to and be the same as the rules and regulations adopted, from time to time, for the enforcement of the act of Congress approved June 30, 1906, and known as the "Food and Drugs Act."

SEC. 6. Under the aforesaid rules and regulations representative samples shall be collected by the dairy commissioner or his deputies, and the Connecticut agricultural experiment station or its agents. The dairy commissioner or his deputies and the agents of said agricultural experiment station shall have access at all reasonable hours, to any place where it is suspected that there is kept for sale or export any article of food or drugs, adulterated or misbranded within the meaning of this act, and said dairy commissioner or his deputies, and the agents of said agricultural experiment station, upon tendering the market price thereof, may take from any person, firm, or corporation samples of such articles. Samples may be purchased in the open market, and if in bulk, the mark, brands, or tags, upon the package, carton, wrapper, or other container and the ac

companying printed or written matter shall be noted, and the person collecting such samples shall also note the names of the vendor and the agent through whom the sale was actually made, together with the date of the purchase. Samples shall be divided into three equal parts and each part shall be labeled with identifying marks; one of said parts shall be delivered to the person from whom the purchase was made, or if a guaranty has been given as hereinafter provided such part shall be delivered to the guarantor, one of said parts shall be sent to the Connecticut agricultural experiment station, and one part shall be held, unde seal, by the dairy commissioner. The parts of the samples so divided shall be sealed by the person collecting the same with a seal provided for that purpose.

SEC. 7. It shall be the duty of the Connecticut agricultural experiment station to make analyses and examinations of all such articles as shall be furnished under the provisions of section six of this act for the purpose of determining from such examinations whether such articles are adulterated or misbranded within the meaning of this act, and to certify the results of such analyses and examinations to the dairy commissioner.

SEC. 8. When any such examination or analysis shows that any provisions of this act have been violated, the dairy commissioner shall cause notice of such fact, together with a copy of the findings, to be given to the party or parties from whom the sample was obtained, and to the party, if any, whose name appears upon the label as manufacturer, packer, wholesaler, retailer, or other dealer. The parties so notified shall be given an opportunity to be heard, under such rules and regulations as may be prescribed as aforesaid, and notices shall specify the date, hour, and place of such hearing, and if any person or corporation concerned resides without the state, reasonable notice shall be given by mail at such address as may, with due diligence, be obtained. The hearing shall be private and the parties interested therein may appear in person or by attorney.

SEC. 9. If, after such hearing, the dairy commissioner shall find that any provision of this act has been violated he shall at once certify to the proper prosecuting officer a copy of the results of the examination or analysis of such article, duly authenticated by the analyst or officer making such examination or analysis, under oath of such officer.

SEC. 10. It shall be the duty of the prosecuting officer to whom said dairy commissioner shall report any such violation as hereinbefore provided to forthwith cause appropriate proceedings to be commenced in the proper court for the enforcement of the penalties in such cases herein provided.

SEC. II.

After judgment of said court, notice thereof shall be given by publication in such manner as may be prescribed by the rules and regulations hereinbefore provided for, and if an appeal be taken from the said judgement notice of that fact shall be included in said publication.