LAWS RELATIVE TO FOOD AND DRUGS. GENERAL LAWS. REVISED LAws, 75. Duties of State Department of Health relative to Sale of Food and Drugs. SECTION 5. In the performance of its duties relative to the sale of drugs and food it may appoint inspectors, analysts and chemists, and may remove them. Such inspectors shall have the same power and authority relative to drugs and food as is given by sections forty-two and fifty-two of chapter fifty-six,1 relative to milk, to the inspectors named therein. Whoever hinders, obstructs or in any way interferes with any such inspector, analyst or other officer appointed under the provisions of this section, while in the performance of his official duty, shall be punished by a fine of not more than fifty dollars for the first offence and of not more than one hundred dollars for each subsequent offence. 1882, 263, §§ 5, 7. 1884, 289, § 3. 1885, 352, § 5. For a discussion of the relative authority of State and local inspectors, see Commonwealth v. Prince, 203 Mass. 602. ACTS OF 1910, 394. Powers of the Food and Drug Inspectors of the State Department of Health. Inspectors of the state board of health, appointed under the provisions of section five of chapter seventy-five of the Revised Laws, shall have, in respect to milk, the power and authority conferred upon milk inspectors of cities and towns. ACTS OF 1902, 110. Duties relative to Inspection of Liquors. SECTION 2. The powers and duties heretofore conferred and imposed on the inspector and assayer of liquors are hereby conferred and imposed on the state board of health. ACTS OF 1914, 484. The Analyzing of Intoxicating Liquors. SECTION 1. The state board of health shall hereafter analyze all samples of intoxicating liquors submitted to it for that purpose by any licensing authority, board of health, or police department of any city or town. Such analysis shall be made for the purpose of ascertaining the presence of any poisons, drugs or other substances dangerous to health. 1 See pages 25, 41. ACTS OF 1910, 495. The State Department of Health to make Analyses of Drugs and Poisons in Certain Cases. SECTION 1. The state board of health shall make, free of charge, a chemical analysis of cocaine, alpha or beta eucaine, or any synthetic substitute for them, or any preparation containing the same, or any salt or compound thereof, and of any poison, drug, medicine or chemical, when submitted to it by police authorities or by such incorporated charitable organizations in the commonwealth, as the state board of health shall approve for this purpose: provided, that said board is satisfied that the analysis is to be used for the enforcement of law. SECTION 2 (as amended by General Acts of 1915, 104). The analyst, or an assistant analyst of the state department of health shall, upon request, furnish a signed certificate under oath of the result of the analysis provided for in section one to any police officer or any agent of an incorporated charitable organization, and the presentation of such certificate to the court by any police officer or agent of any such organization shall be prima facie evidence that all the requirements and provisions of section one have been duly complied with. This certificate shall be sworn to before a justice of the peace or notary public, and the jurat shall contain an allegation that the subscriber is the analyst or an assistant analyst of the state department of health, and when properly executed shall be prima facie evidence of the composition and quality of the drugs analyzed, and the court shall take judicial notice of the signature of the analyst or assistant analyst, and of the fact that he is such. ACTS OF 1902, 272. Shall publish Analyses and Other Information concerning Adulterated Food. SECTION 1. The state board of health shall cause to be published as often as once each month in the official publication of said board, and also, if in its opinion the public health can be served thereby, may cause to be published in one or more papers in Massachusetts, a certificate of the examination or analysis made by authority of said board during the preceding month of any article of food manufactured or offered for sale in the commonwealth, which is adulterated within the meaning of chapter seventy-five of the Revised Laws; and said board of health shall also cause to be published, with such certificate of examination, a statement of the trade-mark, brand mark or name, with the name and place of business of the manufacturer, which appear upon the package or box containing such adulterated article, or with the name and place of business of the wholesale dealer of whom the goods were obtained. REVISED LAWS, 75. Appropriation for Enforcement of Food and Drug Law. 1 SECTION 6 (as amended by 1903, 467, and by 1907, 208). The state board of health may annually expend not more than eleven 1 thousand five hundred dollars for the enforcement of the provisions of sections sixteen to twenty-seven, inclusive; but not less than three-fifths of said amount shall be annually expended for the enforcement of the laws against the adulteration of milk and milk products. 1882, 263, § 5. 1883, 263, § 1. 1884, 289, § 1. 1891, 319. State Department of Health shall report annually on Prosecutions and Expenditures. SECTION 7. Said board shall annually report to the general court the number of prosecutions made under the provisions of sections sixteen to twenty-seven, inclusive, and an itemized account of the money expended in carrying out the provisions thereof. 1884, 289, § 2. Sale of Adulterated Foods and Drugs forbidden. SECTION 16 (as amended by 1903, 367). No person shall manufacture, offer for sale or sell, within this commonwealth, any drug or article of food which is adulterated within the meaning of section eighteen; but no employee, other than a manager or superintendent, shall be punished for a violation of this section unless such violation was intentional on the part of the said employee. 1897, 344, § 1. 1882, 263, § 1. Drugs and Foods defined. SECTION 17. The term "drug" as used in sections sixteen to twentyseven, inclusive, shall include all medicines for internal or external use, antiseptics, disinfectants and cosmetics. The term "food" as used therein shall include all articles, simple, mixed or compound, used in food or drink by man. 1882, 263, § 2. 1886, 171. 1897, 344, § 2. Adulteration defined. SECTION 18 (as amended by 1910, 528, § 1, and by 1913, 272). A drug shall be deemed to be adulterated: 1. If, when sold under or by a name recognized in the United States pharmacopoeia, it differs from the standard of strength, quality or purity prescribed therein, unless the order therefor requires an article inferior to such standard or unless such difference is made known or so appears to the purchaser at the time of the sale. 2. If, when sold under or by a name not recognized in the United 1 Increased to seventeen by 1911, 296. States pharmacopoeia but which is found in some other pharmacopoeia or other standard work on materia medica, it differs materially from the standard of strength, quality or purity prescribed in such work. 3. If its strength, quality or purity differs materially from the professed standard under which it is sold. Food shall be deemed to be adulterated: 1. If any substance has been mixed with it so as to reduce, depreciate or injuriously affect its quality, strength or purity. 2. If an inferior or cheaper substance has been substituted for it wholly or in part. 3. If any valuable or necessary constituents or ingredients have been wholly or in part taken from it. 4. If it is in imitation of or is sold under the name of another article. 5. If it consists wholly or in part of a diseased, decomposed, putrid, tainted or rotten animal or vegetable substance or article, whether manufactured or not, or in case of milk, if it is produced by a diseased animal. 6. If it is colored, coated, polished or powdered in such a manner as to conceal its damaged or inferior condition, or if by any means it is made to appear better or of greater value than it is. 7. If it contains any added substance or ingredient which is poisonous or injurious to health. 8. If it contains any added antiseptic or preservative substance, except common table salt, saltpetre, cane sugar, alcohol, vinegar, spices, or, in smoked food, the natural products of the smoking process; but this paragraph shall not be construed as permitting the use of cane sugar in maple syrup, maple sugar, honey, cocoa, or any other food product in which the presence of cane sugar as a preservative is unnecessary. Furthermore, the provisions of this definition shall not apply to any such article if it bears a label on which the presence and the percentage of every such antiseptic or preservative substance are clearly indicated, nor shall it apply to such portions of suitable preservative substances as are used as a surface application for preserving dried fish or meat, or as exist in animal or vegetable tissues as a natural component thereof, but it shall apply to additional quantities. The provisions of this and the two preceding sections relative to food shall not apply to mixtures or compounds not injurious to health and which are recognized as ordinary articles or ingredients of articles of food, if every package sold or offered for sale is distinctly labelled as a mixture or compound with the name and per cent of each ingredient therein. 1882, 263, § 3. 1884, 289, §§ 5, 7. 1897, 344, § 3. 1901, 341. A sale of "blended maple sugar," which is a well-known article in the trade in which the parties are engaged, is not a sale of adulterated food within the meanings of sections 16 to 18 if it has been ordered as a mixture. In such a case the failure to label the package is not a violation of the statute. Adams v. N. E. Maple Syrup Co., 210 Mass. 475. A syrup with a label which does not contain the word within the fourth clause as an imitation of maple syrup. 1 A provision applicable only during the year 1902 is omitted. maple" is not In the eighth clause the words "in which the presence of cane sugar as a preservative is unnecessary" do not apply to any of the preceding words except "any other food product; " therefore the use of cane sugar as a preservative with any of the articles mentioned is forbidden unless the conditions of the clause are complied with. Commonwealth v. N. E. Maple Syrup Co., 217 Mass. 432. Requirements concerning Labels for "Compounds" and chemically Preserved Foods. SECTION 19. If a statement of any of the ingredients of an article of food or drink or of an article entering into food or drink is required by law to be stated upon the label of such article, such statement and the name and address of the manufacturer or vendor of the article shall be distinctly and conspicuously printed on the label in straight, parallel lines of plain, uncondensed, legible type, well spaced on a plain ground. The statement of ingredients shall be clearly separated from and not interspersed or confused with other matter, shall specify every such ingredient by its ordinary name, and shall be in the English language. The letters of said type shall be not less than one-twelfth of an inch long, and shall be larger than those of any other printed matter on the label or package, except the name of the compound or chief article enclosed therein which may be in larger type. The required label shall be firmly attached to or printed on the exterior of the package or envelope of the said article, on the top or side thereof and in plain sight. But the state board of health may in writing approve specific labels not strictly in accordance with the above provisions, if it is of opinion that the information required by law is set forth thereon clearly enough for the reasonable protection of the purchaser. Goods labelled in violation of the provisions of this section shall be subject to the provisions of law relative to adulteration of food which is unlabelled.1 1901, 396, §§ 1-3, 5. ACTS OF 1906, 386. Patent or Proprietary Medicines or Foods. SECTION 1 (as amended by 1907, 259, § 1). Upon every package, bottle or other receptacle holding any proprietary or patent medicine, or any proprietary or patent food preparation, which contains alcohol, morphine, codeine, opium, heroin, chloroform, cannibis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances, shall be marked or inscribed a statement on the label of the quantity or proportion of each of said substances contained therein. The size of type in which the names of the above substances shall be printed on the labels as above, shall not be smaller than eight point (brevier) caps: provided, that in case the size of the package will not permit the use of eight point cap type the size of the type may be reduced proportionately. The provisions of section nineteen of chapter seventy-five of 1 A provision applicable only during the year 1902 is omitted. |