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[NOTE.—The enrolled bill shows that the foregoing act passed the House of Representatives by a two-thirds vote, yeas 91, nays 5; was referred to the Senate, amended and passed by a two-thirds vote, yeas 26, nays 0; the House of Representatives concurred in the Senate amendments by a two-thirds vote, yeas 106, nays 1.]
Approved March 23, 1907.
THE PURE FOOD LAW.
H. B. No. 5.]
An Act to prohibit and prevent adulteration, fraud and deception in the manu
facture and sale of articles of food and drugs, prescribing penalties for the violation of this act, to provide for the appointment of a Dairy and Food Commissioner, and to define his powers and duties, and to fix his compensation, and to repeal all laws in conflict with the provisions of this act, and declaring an emergency.
SECTION 1. Be it enacted by the Legislature of the State of Texas : That no person, firm or corporation shall within this State manufacture for sale, have in his possession with the intent to sell, offer or expose for sale, or sell or exchange any article of food, drink or drugs which is adulterated or misbranded within the meaning of this act. The term “food” as used herein shall include all articles used for food, drink, flavoring, confectionery or condiment, by man, whether simple, mixed or compound. That the term “drugs” as used in this act shall include all medicines and preparations for internal or external use recognized in the United States Pharmacopoeia or National Formulary, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either man or animals.
SEC. 2. That for the purposes of this act an article shall be deemed to be adulterated :
In case of drugs: First. If, when a drug is sold under or by a na:ne recognized in the United States Pharmacopoeia or National Formula.. it differs from the standard of strength, quality or purity, as deterire.
.. the test laid down in the United States Pharmacopoeia or National Formulary official at the time of investigation; provided, that no drug defined in the United States Pharmacopoeia or National Formulary shall be decried to be adulterated under this provision if the standard of in- .!.!. quality or purity be plainly stated upon the bottle, box oro; container thereof, although the standard may differ from that i ned by the test laid down in the United States Pharmacopoeia orational 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 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.
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 be mixed, colored, powdered, coated or stained in a manner whereby damage or inferiority is concealed.
Fifth. If it contain any added poisonous or other added deleterious ingredient which may render such article injurious to health; provided, that when in the preparation of food products for shipment they are preserved by any external application applied in such manner that the preservative is necessarily removed mechanically, or by maceration in water or otherwise, and directions for the removal of said preservative shall be printed on the covering of the packages. The provisions of this act shall be construed as applying only when said products are ready for consumption.
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, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter.
SEC. 3. That the term "misbranded,” us used herein, shall apply to all drugs or other 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.
That for the purposes of this act an article shall also be deemed to be misbranded:
In the case of drugs: 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 placed in such package, or if the package fail 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 acetanalid or any derivative or preparation of any such substances contained therein.
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 acetanelid or any derivative or preparation of any of such substances contained therein.
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 labels shall bear any statement, design or device regarding the ingredients or the substances contained therein, which statement, design or device shall be false 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 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 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 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 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 ingredient to disclose their trade formulas except in so far as the provisions of this act may require to secure freedom from adulteration or misbranding.
SEC. 4. No person, by himself, or his agents or servants, shall manufacture for sale or offer or expose for sale, or sell or exchange as butter and the legitimate product of the dairy or creamery, any article not made exclusively of milk or cream, but into which the oil or fat of animals, or any other oil not produced by milk, enter as a component part, has been introduced to take the part of cream.
SEC. 5. No person, firm or corporation shall manufacture for sale, offer or expose for sale, sell, exchange or deliver any butter that is produced by taking the original packing stock butter or other butter, or both, melting the same so that the butter fat can be drawn off or extracted, mixing said butter fat with skimmed cream or other milk product, or rechurning or reworking the said mixtures; nor shall any person, firm or corporation manufacture for sale, offer or expose for sale, sell, exchange or deliver, or have in his possession for any such purpose any butter which has been subjected to any process by which it is melted, clarified or refined, and made to resemble butter, which is commonly known as boiled, process or renovated butter, and which for the purpose of this act is hereby designated "renovated butter," unless the same shall be branded or marked as provided in Section 6 of this act.
SEC. 6. Whoever, himself or by his agent, or as the servant of another person, shall sell, expose for sale, or have in his custody and possession with the intent to sell or exchange any "renovated butter," as defined in Section 5 of this act, shall have the words "renovated butter” conspicuously stamped, labelled or marked in one or two lines and in plain Gothic letters, at least three-eighths of an inch square, so that the words can not be easily defaced, upon two sides of each and every tub, firkin, box or package containing said "renovated butter;" or, if such “renovated butter" is exposed or uncovered, or not in a case or package, a placard containing said words in the same form as above described in this section shall be attached to the mass in such a manner as to be easily seen and read by the purchaser. When “renovated butter" is sold from such package or otherwise at retail, in roll or other form, before being delivered to the purchaser, it shall be wrapped in wrappers plainly stamped on the outside thereof with the words “renovated butter" printed or stamped thereon in one or two lines and in plain Gothic letter at least three-eighths of an inch square, and such wrapper shall contain no other words or printing thereon, and said words “renovated butter” so stamped or printed on said wrapper shall not be in any manner concealed, but shall be in plain view of the purchaser at the time of the purchase.
SEC. 6a. Whenever any hotel, tavern, restaurant or boarding house shall knowingly serve for the use of their patrons such food as is defined in this bill as compounds, imitations, blends, renovated butter, intitation cheese, adulterated milk or adulterated lard, shall keep conspicuously posted or printed on a bill of fare, a list of the articles of food so served in plain and legible words, the brands or labels upon the original package or the constituent parts of such food article. Provided further, that all dispensers of intoxicating liquors shall keep on the bottle from which such liquor is served, a label in plain and legible letters the constituent parts and contents of such liquors served. Whoever shall fail to comply with the provisions of this section, or shall violate any of its provisions shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $25, nor more than $500 or by imprisonment in the county jail for not less than six months nor more than one year, or by both such fine and imprisonment. Each day that any of the provisions of this section is violated shall constitute a separate offense.
SEC. 7. Whoever shall violate Sections 4, 5 and 6 of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $25 nor more than $500, or by imprisonment in the county jail for not less than six months nor more than one year, or by both such fine and imprisonment, for each and every effense. And each violation of this act shall constitute a separate offense.
SEC. 8. No person shall manufacture, deal in, sell, offer or expose for sale or exchange any article or substance in the semblance of or in imitation of cheese made exclusively of unadulterated milk or cream, or both, into which any animal, intestinal or offal fats or oils or melted butter in any condition or state of modification of the same or oleaginous substances of any kind not produced from unadulterated milk or cream shall have been introduced. Every manufacturer of full milk cheese or wholesaler or retailer in cheese shall put a brand upon each cheese, indicating “full milk cheese,” and no person shall use such a brand upon any cheese made from milk from which any of the cream has been taken. Cheese of any other grade may be sold, provided it contains nothing injurious to health, and provided that the same shall be plainly and conspicuously labeled or stenciled "imitation cheese.” No person shall knowingly offer, sell or expose for sale or exchange, in any package, cheese which is falsely branded or labeled. Whoever shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $50 nor more than $500 and the costs of prosecution, or by imprisonment in the county jail for not less than ninety days nor more than one year, or by both such fine and imprisonment for each and every offense.
SEC. 9. The provisions of this act shall not apply to substances for sale in this State made in the semblance of lard, if the ingredients or component part shall consist of pure lard, beef fat or pure stearine and cotton seed oil that is at least 1 per cent of the legitimate and exclusive fat of the hog, or pure lard, pure stearine, or beef fat and 99 per cent of pure cotton seed oil, and the tierce, barrel, tub, pail or package containing the same is distinctly and legibly branded, marked or labeled "lard compound” or “compound lard” or “lard substitute," in letters proportioned to the size of the package, and if such mixture contain any other substance than pure lard, pure stearine or beef fat or pure cotton seed oil, then the person or corporation so manufacturing shall cause the tierce, barrel, tub, pail or package containing same to be distinctly and legibly branded, marked or labeled "adulterated lard.” The term "lard compound," or "compound lard," as used herein, shall include all articles of food used as. lard or made in the semblance of lard, which shall be composed of two or more ingredients, or component parts consisting of either cotton seed oil, pure lard or hog lard, beef fat or pure stearine, the percentage of either of the two or more ingredients used to be in the discretion of the manufacturer. The term “lard substitute," as used herein, shall apply to any compound which may consist of two or more of the aforesaid ingredients or of cotton seed oil alone. Neither shall the provisions of this act apply to mixtures or compounds consisting of mixtures of beef suet, beef fat or pure stearine and cotton seed oil, or of cotton seed oil alone, when said mixtures or compounds used as ordinary articles of food, or “cooking compound,” are manufactured and sold under their proper trade mark and when the tierce, barrel, tub, pail or package containing the same shall be distinctly and legibly branded or labeled in letters proportioned to the size of the package, with the name of the mixture or compound and the name and location of the person, firm or corporation manufacturing the same.
Sec. 10. Every manufacturer, dealer or trader, who, by himself or agent, or as the servant or agent of another person, offers or exposes for sale, or sells or exchanges any form of lard substitute or adulterated lard, as hereinbefore defined, shall securely fix or cause to be affixed to the package wherein the same is contained, offered for sale, or sold, a label, upon the outside and face of which is distinctly and legibly printed in letters not less than one-half inch in length, the words, "ard substitute,” or “adulterated lard,” or “ard compound," or other appropriate words which shall correctly express its nature and
SEC. 11. The having in possession of any lard substitute or adul