PREFACE.

This booklet contains the Pure Foods Act of 1907, as amended in 1909, 1911 and 1913; the Pure Drugs Act of 1907, as amended in 1913 and 1915; the rules and regulations of the California State Board of Health for the enforcement of these acts; information relative to guaranties, their nature and use; the standards of purity proclaimed by the Secretary of the United States Department of Agriculture, which, under the law, are the standards for California.

There is also included the Cold Storage Act of 1913, and 1915 amendments, with rules and regulations for its enforcement; the Food Sanitation Act of 1909; the Milk Pasteurization Act of 1915; the Certified Milk Act of 1913; and the Raisin Act of 1915.

The food inspection decisions of the Secretary of the United States Department of Agriculture are included, since they have the force of law in California.

All inquiries relative to the enforcement of the laws here published should be addressed to Prof. E. J. Lea, Director, Bureau of Foods and Drugs, Berkeley, California.

WILBUR A. SAWYER,

Secretary California State Board of Health.

October 1, 1916.

GUARANTIES: THEIR NATURE AND USE.

Both the state and federal foods and drugs acts contain provisions enabling every dealer, whether wholesaler or retailer, to protect himself against prosecution for the sale of adulterated or mislabeled articles which have been produced, manufactured, or packed by some one else. By the simple means of requiring that a guaranty be given with all goods purchased (except as hereinafter noted), the dealer may shift the responsibility to the person from whom he buys. This, however, is something that the dealer must do for himself, and he must investigate the subject of guaranties sufficiently to know that he is protected.

It is believed that if dealers will study the following synopsis of the law on this subject, and will carefully comply with the suggestions therein made, they will have no difficulty in avoiding prosecution for any adulteration or misbranding done by any one except themselves. The guaranty legend and serial number are no longer permitted on labels, in accordance with the provisions of Food Inspection Decisions 153, 155, and 167.

Guaranties, under the California foods and drugs acts, are of two kinds, general and special.

1. A convenient form for the general guaranty is as follows:

I [we], the undersigned, do hereby guarantee that the articles of foods, liquors, and drugs manufactured, produced, prepared, compounded, packed, distributed, or sold by me [us] (specifying the same as fully as possible) are not adulterated or misbranded within the meaning of the Food and Drugs Act, June 30, 1906, as amended, and are not adulterated, mislabeled, or misbranded, within the meaning of The California Pure Foods Act, March 11, 1907, as amended, or The California Pure Drugs Act, March 11, 1907, as amended. Dated,

(Signed in ink.).

(Name, place of business and address of the guarantor, and the statement as to whether guarantor is corporation or copartnership.)

2. The special guaranty must contain the name and address of the guarantor, an itemized statement of the articles purchased, and a statement that they are not misbranded, mislabeled, or adulterated within the meaning of the California law. It must be in substantially the following form:

The undersigned hereby guarantees that the articles of (drugs, foods, or liquors, as the case may be, specifying them), this day sold to (name of dealer) and mentioned in the attached invoice, are not adulterated, misbranded, or mislabeled, within the meaning of The California Pure Foods (or Drugs, as the case may be) Act, March 11, 1907, as amended. Dated,

(Name, place of business and address of the guarantor, and statement as to whether guarantor is corporation or copartnership.)

A convenient method of using the special guaranty, which has been adopted by many manufacturers and wholesalers, is to print or stamp the form on all invoices, and sign such invoices as they go out.