ESTABLISHED 1863 CHICAGO: KANSAS CITY: SOUTH OMAHA : SIOUX CITY: EAST ST. LOUIS FORT WORTH : PACKERS AND SHIPPERS OF : DRESSED BEEF, PROVISIONS, CANNED MEATS and Proprietors of the following well known special Brands: General Offices ::: 205 LA SALLE STREET ::: CHICAGO, ILL. For an act for preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, and liquors, and repealing all acts or parts of acts in conflict herewith. Be it enacted by the General Assembly of the State of Colorado: SECTION I. It shall be unlawful for any person to manufacture, or sell, or expose for sale, or deliver or give away, or ship, or offer for shipment, within this state, any article of food, or drug, which is adulterated, or misbranded, within the meaning of this act, except as such article may be in the original package and the subject of interstate commerce under the federal jurisdiction; and any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and for each offense, shall, upon conviction thereof. be punished by a fine of not exceeding five hundred dollars, or by imprisonment of not exceeding one year, or by both such fine and imprisonment, in the discretion of the court, and for each subsequent offense and conviction thereof shall be punished by a fine of not less than one thousand dollars, or by imprisonment for one year, or by both such fine and imprisonment, in the discretion of the court. But no article shall be deemed misbranded or adulterated within the provisions of this act when intended for export to any foreign country and prepared, or packed, according to the specifications or directions, of the foreign purchaser, when no substance shall appear that any of the provisions of this act have been violated by such person, then the secretary of the State Board of Health shall at once certify the facts to the proper district attorney, with a copy of the results of the analysis, or other examination, of such article, duly authenticated by the analyst, or officer, making such examination, under the oath of such analyst or officer. After judgment of the court, notice shall be given by the publication in such manner as may be prescribed by the rules and regulations aforesaid. SEC. 4. It shall be the duty of each district attorney to whom the secretary of the State Board of Health shall report any violation of this act, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of this state, without delay, for the enforcement of the penalties as in such case herein provided, and the State Board of Health may appoint a special attorney to prosecute, or assist in prosecuting, such violations. SEC. 5. 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 use, and any substance, or compound, 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 in this act, shall include all articles used for food, drink, confectionery, or condiment, by man or other animals, whether simple, mixed or compound. SEC. 6. 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 name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard strength, quality, or purity, as determined by the tests laid down in the United States Pharmacopoeia or National Formulary official at the time of investigation. But no drug defined in the United States Pharmacopoeia or National Formulary that is not official shall be deemed to be adulterated under this provision, if the standard 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 National Formulary. Second. If its strength or purity shall fall below the professed standard, or quality, under which it is sold. In case of confectionery: If it contains terra alba, barytes, talc, chrome yellow, or any mineral substance used for the purpose of adulteration, or poisonous color, or flavor, or other ingredient deleterious to health, or any vinous, malt or spirituous liquor, or compound, or narcotic drug. In case of food: First. If any substance has been mixed, or 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 formaldehyde or other harmful preservative or any added poisonous, or other added deleterious ingredient which may render such article injurious to health. But 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 are printed on the covering, or the package, the provisions of this act shall be construed as applying only when said products are ready for consumption. Sixth. If it consist 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. 7. The term "misbranded," as used herein, 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, word, 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, city, town, place, or country in which it is manufactured, produced, or found. For the purposes of this act an article shall also be deemed to be mis-branded : In 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, or the contents of the box, bottle, can or other container, sold, or exposed for sale, or delivered, or given away, or shipped, or offered for shipment, shall have been removed, in whole, or in part, and other contents shall have been placed in such package, or in such box, bottle, can, or other container, or if such package, or such box, bottle, can, or other container, as aforesaid, fail to bear a statement on its label of any quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, acetanilide, or any harmful coal tar derivative or preparation, or any such substances, contained therein. But no such statement shall be required to be placed on such label if the drug is sold upon the prescription of a duly licensed physician, dental surgeon, or veterinary sur geon. In 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, or of the box, bottle, can, or other container, sold, or exposed for sale, or delivered, or given away, or shipped or offered for shipment, shall have been removed in whole or in part and other contents shall have been placed in such package, or in such box, bottle, can, or other container, or it shall fail to bear a statement on its label of the quantity, or the proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, acetanilide, or any harmful coal tar derivative, or preparation of any 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 the box, bottle, can, or other container, or its label, shall bear any statement, word, design, or device regarding the ingredients or the substances contained therein, which statement, word, design, or device shall be false or misleading in any particular. But an article of food which does not contain any added poisonous ingredients, or ingredients deleterious to health, 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. or Second. In the case of articles labeled, branded, tagged, so as plainly to 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, box, bottle, can, or other container, in which it is offered for sale. But 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 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. 8. "No dealer shall be prosecuted under the provisions of this act when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other person residing in this state, from whom he purchased any article in question, to the effect that the same is not adulterated or misbranded. Such guaranty, to afford protection, shall contain the name and address of the person making the sale of such article to such dealer, and in such case said person 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. 9. Any article of food, drug, or liquor, that is adulterated, or misbranded, within the meaning of this act, that is manufactured, or sold, or exposed for sale, or delivered, or given away, or shipped, or offered for shipment, within this state, together with its box, bottle, can, or other container, except as such article may be in the original package and the subject of interstate commerce under the federal jurisdiction, is hereby declared to be a nuisance, and shall be abated upon a complaint, hearing, and judgment, or order, of court in a proceeding in the District Court, of the district where such article of food, drug, or liquor, is found, by seizure and confiscation for destruction or sale. If such article is condemned as being adulterated, or misbranded, or as being of a poisonous, or deleterious character, within the meaning of this act, it shall be disposed of under the proper order of court by destruction, or by sale in the manner provided for the sale of chattels under execution, in the discretion of the court; and the proceeds thereof, if it be sold, less the legal costs and charges, shall be paid to the State Treasurer; but such article of food, or drug, shall not be sold in any jurisdiction contrary to the law thereof. SEC. 10. The word "person" as used in this act, shall be construed to import both the plural and singular, as the case demands, and shall include corporations, companies. partnerships, societies and associations. When construing and enforcing the provisions of this act, the act, omission, or failure. of any officer, agent, or other parson, acting for or employed by, any corporation, company, partnership, society, or association, within the scope of his employment, or office, shall in every case also be deemed to be the act, omission, or failure of such corporation, company, partnership, society or association, as well as that of the person. SEC. II. In the opinion of the General Assembly an emergency requires this act to take effect at a time later than ninety days after its passage; therefore, this act shall take effect and be in force on and after the 1st day of January, A. D. 1908. All acts and parts of acts inconsistent or in conflict herewith are hereby repealed. INDIANA The Pure Food and Drug Law of the State of Indiana A BILL For an act to be entitled an act forbidding the manufacture, sale or offering for sale of any adulterated or misbranded foods or drugs, defining foods and drugs, stating wherein adulteration and misbranding of foods and drugs consist, and defining the duties of the state board of health in relation to foods and drugs, their inspection, purity and misbranding, regulating the slaughter of animals and their preparation for food, providing an appropriation for enforcement, providing for the appointment of a state food and drug commissioner, declaring penalties for the violation of the laws, rules and ordinances concerning foods and drugs, repealing acts in conflict therewith, and declaring an emergency. Approved March 4, 1907. SECTION 1. Be it enacted by the General Assembly of the state of Indiana, that it shall be unlawful for any person, firm or corporation, within this state, to manufacture for sale within this state, offer for sale therein, or sell within this state, any drug or article of food which is adulterated or misbranded within the meaning of this act. That 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 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 used for food, drink, confectionery, or condiment by man or other animals, whether simple, mixed or compound. SEC. 2. That for the purpose of this act an article shall be deemed as adulterated: In 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 in 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 deemed to be adulterated under this provision if the standard of strength, quality or purity be plainly stated upon 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 National Formulary. Second. If its strength or purity fall below the professed standard or quality under which it is sold. In case of food: First. If any substance or substances have been mixed 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 has been wholly or in part abstracted from it; Fourth. If it consists in any proportion of a filthy, diseased, decomposed, putrid or rotten animal, or vegetable substance, whether manufactured or not, or in the case of milk, if it is the product of a diseased animal; Fifth. If it is mixed, colored, coated, polished, powdered or stained in a manner whereby damage or inferiority is concealed, or whereby it is made to appear better or of greater value than it really is; Sixth. If it contains any added poisonous or other added deleterious ingredient; Seventh. If it contains any added antiseptic or preservative substance except common table salt, saltpeter, cane sugar, vinegar, spices, or, in smoked food, the natural products of the smoking process, or other harmless preservatives whose use is authorized by the state board of health. SEC. 3. That no person either by his servant or agent, or as the servant or agent of another person, shall sell, exchange or deliver, or have in his custody or possession with intent to sell, exchange or deliver, expose or offer for sale or exchange, adulterated milk or milk to which water or any foreign substance has been added, or milk produced from cows which have been fed on the refuse of distillieries, or from sick or diseased cows, or as pure milk from which the cream or a part thereof has been removed, or milk which is not of standard quality, or milk collected and kept or handled under conditions which are not cleanly and sanitary, or milk containing less than eight and one-half per cent of milk solids exclusive of fat, and 3.25 per cent of milk fat, or milk which contains any added color or preservative: Provided, however, "Refuse of distilleries" shall not be construed to mean or apply to dried distillers' grains in sound condition. SEC. 4. That it shall be unlawful for any person or persons, firm or corporation, to sell within this state or to have in his or their possession to sell within this state for human food, the carcass or parts of carcasses of any animal which has been slaughtered, prepared, handled or kept under unsanitary conditions; and unsanitary conditions shall be deemed to exist wherever and whenever any one or more of the following conditions appear or are found, to-wit: If the slaughter house is dilapidated and in a state of decay, if the floors or side walls are soaked with decaying blood or other animal matter, if efficient fly screens are not provided, if the drainage of the slaughter house or slaughter house yard is not efficient, if maggots or filthy pools or hog wallows exist in the slaughter house yard or under the slaughter house; if the water supply used in connection with the cleansing or preparing is not pure and unpolluted; if hogs are kept in the slaughter house yard or fed therein on animal offal, or if the odors of putrefication plainly exist therein; if carcasses or parts of carcasses are transported from place to place when not covered with clean white cloths, or if kept in unclean, bad smelling refrigerators, or if kept in unclean or bad smelling cold storage rooms. It shall be unlawful for any person, firm or corporation to sell or offer for sale any eggs, after the same have been placed in an incubator, or to sell or offer for sale, knowingly, eggs in a rotten, decayed or decaying condition to be used for food. It shall be the duty of all peace and all health officers to seize any animal carcass or parts of carcasses, or any domestic or wild fowl eggs, game or fish found to be unwholesome and which are intended for sale or offered for sale for human food or which have been slaughtered and prepared, handled or kept under unsanitary conditions as herein defined, and shall deliver the same forthwith to and before the nearest police judge or justice of the peace, together with all information obtained, and said police judge or said justice of the peace shall issue warrants of arrest for all persons believed to have violated the provisions of this section, and said cause shall be tried at an early date |