APPENDIX.

At the hearing Congressman Fordney asked us to submit evidence of the existence of State food laws that would regulate the manufacture and sale of mixed flour in intrastate commerce. We could, if desired, furnish a copy of every State law in the Union and show that the subject is properly covered in every State. But, as the State laws are all very much alike, such a proceeding would accomplish no good purpose and would only encumber the record. We therefore simply submit the food law of the State of Alabama of 1909, and the regulations made thereunder, as typical of the laws that are in force in most of the States. Alabama is selected for the sole reason that it appears first in the alphabetical list of the States. We maintain that this law and the regulations made under it are broad enough to cover mixed flour in common - with other food mixtures. Some of the States have more laws than Alabama and more stringent provisions.

ALABAMA.

THE FOOD AND DRUGS ACT.

[Act No. 190, Acts of 1909. approved August 26, 1909.]

AN ACT To regulate sale of food and drugs in the State of Alabama, To provide for enforcement and inspectors and prescribe penalties for violation thereof.

Be it enacted by the Legislature of Alabama:

SECTION 1. That it shall be unlawful for any person, firm or corporation to manufacture, to sell or offer for sale within the State of Alabama any article, food or drugs which is adulterated or misbranded or which contains any poisonous or deleterious substance within the meaning of this act, and any person who shall violate any of the provisions of this act, shall be guilty of a misdemeanor and for each offense shall, upon conviction thereof, be fined not to exceed five hundred dollars or shall be sentenced to one year's imprisonment, or both such fine and imprisonment in the discretion of the court, and for each subsequent offense, and on conviction thereof, shall be fined not exceeding one thousand dollars or sentenced to two years imprisonment or both such fine and imprisonment in the discretion of the court.

SEC. 2. That the examination of specimens of food or drugs, shall be made by the State chemist and assistants as herein provided for under the direction and supervision of commissioner of agriculture and industries or municipal or county inspectors where appointed for the purpose of determining from such examinations whether articles are adulterated or misbranded within the meaning of this act; and if it shall appear from any such examinations that any of such specimens are adulterated or misbranded within the meaning of this act the commissioner of agriculture and industries shall cause notice thereof to be given to the party from whom such sample is obtained. Any party so notified shall be given an opportunity to be heard before the commissioner of agriculture and industries and the attorney general or the municipal or county inspector where appointed and circuit court solicitor, under such rules and regulations as may be prescribed by the commissioner of agriculture and industries and the attorney general and if it appears that any of the provisions of this act have been violated by such party the commissioner of agriculture and industries or other assistants as herein provided for shall at once certify the fact to the proper prosecuting attorney with a copy of the result of the analysis, or of the examination of such article duly authenticated by the analyst or officer making such examination, under the oath of such officer. That in case it shall appear to the satisfaction of the commissioner of agriculture and industries and the attorney-general that the violation of this act is properly a subject of interstate commerce or otherwise comes under the supervision and jurisdiction of the United States then the commissioner of agriculture and industries, municipal or county inspector, where appointed, or other assistants, as herein provided for shall certify the case to the United States district attorney in whose district the violation may have been committed; but if it be under the jurisdiction of the courts of this State, then the commissioner of agriculure and industries, municipal or county inspectors, where appointed, or other assistants as herein provided for shall certify the case to the solicitor of the court in the county where the offense occurred. It shall be the duty of the state solicitor to prosecute all persons violating any

of the provisions of this act as soon as he receives evidence transmitted by the commissioner of agriculture and industries, municipal or county inspectors where appointed, or other assistants as herein provided in the several counties of the State. Provided city attorneys shall prosecute with assistance of court solicitors and the attorney-general suits brought by municipal authorities and inspectors. After judgment of the court, notice shall be given by publication in such manner as may be prescribed by the rules and regulations aforesaid. SEC. 3. That the term "drugs" 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 or substances intended to be used for the cure, mitigation, or prevention of disease of either man or animals. The term "food" as used herein shall include all articles used for food, drink, confectionery or condiment by man or animals, whether simple, mixed or compound.

SEC. 4. That for the purpose of this act an article shall be deemed to be adulterated, in case of drugs.

1st. If when a drug is sold under or by a distinctive name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard strength, quality, or purity, as determined by 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 of (if) the standard of strength, quality or purity be plainly stated on the bottle, box or container thereof, although the standard may differ from that determined by the test laid down in the United States Pharmacopoeia or National Formulary.

2nd. If its strength or purity shall fall below the professed standard or quality under which it was sold. In case of confectionery: If it contains terra alba, barytes, talc, chrome yellow, burnt umber or other mineral substance, or poisonous coloring or flavoring or other ingredients detrimental to health, or any vinous, malt or spiritous liquor, or compound or narcotic drug. In case of food: 1st. If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength.

2nd. If any substance has been substituted wholly or in part for the article. 3rd. If any valuable constituent of the articles has been wholly or in part abstracted.

4th. If it be mixed, colored, powdered, coated or stained, in a manner whereby damaged or inferiority is concealed.

5th. If it contains any added poisonous or other added deleterious ingredient which may render such article injurious to health; provided, that when in preparation of food 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 directors for the removal of such preservative, given name and component parts (in red letters) on the covering of the package, or on a tag securely attached to the article; the provisions of this act shall be construed as applying only when said products are ready for consumption, and shipment or delivery to retail trade.

6th. If the package, vessel or bottle containing it shall be of such a composition, or carry any attachment or such a composition or metal or alloy, as will be acted upon in the ordinary course of use by the contents of the package, vessel or bottle in such a way as to produce an injurious, deleterious, or poisonous compound.

7th. If it consists in whole or in part of a filthy, tainted, 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. 5. That 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, design or device regarding such articles, or the ingredients or substances contained therein, which shall be false or misleading in any particular, or to any food or drug product which is falsely branded, as to the state, territory, or country in which it is manufactured or produced. That for the purpose of this act an article shall also be deemed misbranded. In case of drugs.

1st. If it be an imitation of or offered for sale under the name of another article.

2nd. 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 the package fails to bear a true statement on the label or fail to show in conspicuous letters a true statement as is or may be prescribed by the United States law or rules and regulations of the quantity and proportion of any alcohol, spirituous, vinous or malt liquor, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, antipyrine, or acetanilid, or any derivative or preparation of any such substances contained therein; provided that nothing in this paragraph shall be construed to apply to such preparations as are specified and recognized by the United States Pharmacopoeia or National Formulary or to prescriptions of licensed practitioners of medicine or dental surgery and veterinary surgeons in course of their personal practice. In case of foods.

1st. If it be an imitation of or offered for sale under the distinctive name of another article.

2nd. If it be labeled or branded so as to deceive or mislead the purchaser, or purports to be foreign product when not so, or is an imitation in package or label of another substance of a previously established name, or which has been trade marked or patented, 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 true statement on the label in conspicuous letters of the quantity or proportion of any alcohol, morphine, malt, malt extract, opium, cocaine, heroin, alpha or beta, eucaine, chloroform, cannabis indica, chloral hydrate, antipyrine or acetanilid, or any derivative or preparation of any such substances contained therein.

3rd. If in package form and the contents are stated in terms of weight or measure, they are not plainly or correctly stated on the outside of the package. 4th. If the package containing it or its label shall bear any statement, design, or device regarding the ingredients or 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:

1st. 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 the said article has been manufactured or produced. But in case of baking powders every can or other package shall be labeled so as to show clearly and exactly what acid salt and what amount has been used in making the same.

2nd. In the case of articles, labeled, branded or tagged, so as to plainly indicate that they are compounds, imitations, or blends, and the words compound, imitations, or blend, as the case may be, is plainly stated in larger letters than other printing 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 or flavoring only; and provided further that the label bear a true statement of the names of the ingredients entering into or going to make up the food sold or offered for sale in Alabama, as imitations, compounds, or blends; and provided, that this act shall not apply to stocks of drugs and medicines on hand in this State, until the first day of January, 1910, with exception set forth in section 17 of this Act.

SEC. 6. That no dealer shall be prosecuted under the provisions of this act when he can establish a guarantee signed by the wholesale jobber, manufacturer, or other party from whom he purchased such article, to the effect that the same is not adulterated or misbranded within the meaning of this act, designating it. Said guarantee, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such cases, the said party or parties shall be amenable to the prosecution, fines, and other penalties which would attach, in due course, to the dealer under the provisions of this act.

SEC. 7. That any article of food, drug or liquor that is adulterated or misbranded within the meaning of this act shall be liable to be proceeded against in any court of the State of Alabama, where practicable within the county where the same is found and seized for confiscation by a process of libel or

condemnation. And if such article is condemned as being adulterated or misbranded or of a poisonous or deleterious character, within the meaning of this act, the same shall be disposed of by destruction or sale as the trial court may determine and direct, and the proceeds thereof, if sold, less the legal cost and charges, shall be paid into the treasury of the State of Alabama, but such goods shall not be sold in any jurisdiction in this State contrary to the provisions of this act or the National Pure Food Law.

SEC. 8. That the words "person or party," as used in this act, shall be construed to import the plural and the singular, as the case demands, and shall include corporations, companies, societies, and associations. When construing and enforcing the provisions of this act, the act or omission or failure of any officer, agent or other person acting for or employed by the corporation, company, society, or association within the scope of his employment or office, shall in every case be also deemed to be the act, omission or failure of such corporation, company, or association, as well as that of the person.

SEC. 9. That the commissioner of agriculture and industries assisted by the State chemist and the municipal or county inspectors for the several counties of the State, when such are appointed or elected, and all police officers and sheriffs of the State, are hereby charged with the duties of inspection and analysis, required for the proper enforcement of this act.

SEC. 10. The municipalities shall make such provisions and expenditures for apparatus, etc., for the enforcement of this act as seems best and proper to the city council.

SEC. 11. That samples for analysis may be taken by such officers as are named or mentioned in this act, or other duly qualified and sworn State agents, authorized and carrying proper certificate by and from the commissioner of agriculture and industries. They shall take samples of such articles as may be directed by the commissioner of agriculture and industries, or that in their opinion are below the standards of quality required in this act and in the manner prescribed herein; whenever practicable, samples shall be taken in original unbroken packages, said packages to be wrapped and tied securely and sealed over the cord with sealing wax on which they shall impress their official seal. That in case it is not practicable to take or send sample for analysis in original package as for instance, in case of syrups, or other liquids in barrels, or flour in barrels and etc., such officer shall take a fair sample of the same in the presence of the seller, place it in a suitable receptacle, securely close and wax it and impress his official seal upon the wax, number and forward the same to the commissioner of agriculture and industries, or take it to his office for examination and analysis. In the execution of their duties the commissioner of agriculture and industries, State chemist, the duly authorized State agents, and the municipal and county inspectors of the several counties where elected or appointed, shall have free access at all reasonable hours into any place where it is suspected that impure foods are being manufactured, or wherein any article of food or drug adulterated with any deleterious or injurious foreign ingredients exists or wherein any offense as prohibited by this act is being committed by manufacturer or seller. In taking samples the retail price of the same must be tendered to the seller or manufacturer. SEC. 12. That any manufacturer or dealer or other person, who shall impede, obstruct, tender or otherwise prevent or attempt to prevent any duly authorized agent or person named in section 11 of this act, in the performance of his duties in collecting samples or otherwise in connection with this act, shall be guilty of a misdemeanor, and shall, upon conviction, be fined not less than ten, nor more than five hundred dollars.

SEC. 13. That it shall be the duty of the commissioner of agriculture and industries with the assistants herein provided to fix the standards of purity for all food and drug products when the same are not fixed by this act, in accordance with those promulgated by the Secretary of Agriculture, the Secretary of the Treasury and the Secretary of Commerce and Labor of the United States (except as herein provided) when such standards have been published; and when not yet published, the commissioner of agriculture with the assistance of the State chemist, shall fix such standards, provided that the standards for pure leaf lard, compound lard, mixed edible fats and cottonseed oils are hereby defined as follows:

Pure leaf lard is lard rendered at moderately high temperatures from the internal fat of the abdomen of the hog, excluding that adhering to the intestines, and has an iodin number not greater than sixty (60). Lard is the ren

dered fresh fat from slaughtered healthy hogs, free from rancidity, and contains not more than one per cent of substances, other than fatty acids, not fat, necessarily incorporated therewith in the process of rendering. Compound lard. Compound lard is lard rendered at low temperatures from the fatty meats from fresh slaughtered healthy hogs, or which contains other ingredients than pure fat of the swine, and not over twenty-five per cent of beef stearine, which percentage shall be specified on the label of the container of such goods. Pure leaf lard, lard and compound lard, as above named must not be made from a diseased animal, or any portion of an animal unfit for food or contains less than the percentage of fat and of the character as specified for each one and shall be plainly labeled and shall conform in quality to specification herein set out by this act. A mixed edible fat is hereby defined to be a mixture which contains not less than ninety-nine per cent of sweet-mixed fat, and may consist of a mixture of refined cotton-seed oil or other edible vegetable oils with sweet beef fat or other edible animal fats, and must be sold under a registered or proprietary brand and properly labeled with the names of the ingredients, and with a distinctive trade mark, or name bearing the name of the manufacturer. Edible cotton-seed oil is hereby defined as refined cotton-seed oil, free from disagreeable taste or odors. White cotton-seed oil for edible purposes is cotton-seed oil which has been refined in such a manner as to be nearly colorless, flavorless and odorless. Winter cotton-seed oils, for edible purposes are those from which a portion of the stearine has been removed. They may be either white or yellow. Whenever the commissioner of agriculture with the assistance of the State chemist or the municipal or county inspectors may find, by analysis that adulterated, misbranded or imitation, drugs, liquors, or food product have been manufactured for sale, or put on sale in this State, he shall forthwith furnish a certificate of analysis to that effect to the State solicitor in the county, attorney for municipality where the said adulterated, misbranded, or imitation drug, liquor or food product was found and it shall be the duty of the State solicitor attorney for municipality to immediately prosecute any and every person violating any of the provisions of this act as soon as he receives the evidence as herein specified from the commissioner of agriculture and industries of the State or the municipal or county inspectors, where elected or appointed for the several counties of the State.

SEC. 14. That the special food and drug clerk (in the commissioner of agriculture and industries office) and the municipal and county inspectors of the several counties where elected or appointed shall make monthly reports to the commissioner of agriculture and industries of work done in execution of this act, which reports shall be published with enumerations from each separate county.

SEC. 15. That the commissioner of agriculture and industries with the advice of the governor and attorney-general, shall have authority to establish such rules and regulations as shall not be inconsistent with the provisions of this act, and as in his judgment, will best carry out the requirements thereof. He may exercise discretion as to the class of products he will first subject to rigorous inspection and analysis, realizing that the fullest and most complete execution of this law under a limited appropriation must be a matter of growth, that he is hereby directed, as soon as possible, to suppress the sale of adulterated cheese, butter, candy, and condiments, vinegar, syrups and molasses, leaflard, lard, compound lard and cotton-seed oil by-products and the misbranding of any such goods in the State of Alabama.

SEC. 16. That in order to enforce and carry out the provisions of this act, the sum of two thousand dollars, or so much thereof as may be necessary, be immediately available when this act goes into effect, and that the fund arising from fees collected by this office (under this act) and all fines paid into the courts of the state from prosecutions under this act shall be covered into the State treasury as a separate account for the maintenance of this special department of the commissioner of agriculture and industries office and any surplus accruing thereto shall go to the public school funds. Provided, that municipalities may retain fees and fines to support the work in their respective municipalities.

SEC. 17. That this act shall be in full force and effect from and after January 1st, 1910, except as to drugs, patent and proprietary preparations or medicines on which this act shall be in full force and effect except where labeled bought prior to passage of Alabama Pure Food and Drug Act.

SEC. 18. That all laws and parts of laws, special or general, in conflict with this act, be and the same are hereby repealed.