Assistant Sanitary Superintendent, shall remove, or cause the same to be removed, to the place designated by the said inspectors or the order of said Sanitary Superintendent or Assistant Sanitary Superintendent, or to the offal dock, and shall not sell, or offer to sell, or dispose of the same for human food. And when, in the opinion of the Sanitary Superintendent, or an Assistant Sanitary Superintendent, any such meat, fish, fruits, or vegetables shall be unfit for human food, or any such animal, cattle, sheep, swine, or fowls, by reason of disease, or exposure to contagious diseases, shall be unfit for human food, and improper or unfit to remain near other animals or to be kept alive, the Board of Health may direct the same to be destroyed, as dangerous to life and health, and may order any such animals, cattle, sheep, swine, or fowls, to be removed by any inspector, police officer, officer or agent of this Department, to be killed, and taken to the offal dock.

Sec. 59. It shall be the duty of every manufacturer, importer or other person who manufactures or imports, in The City of New York, any artificial or natural mineral, spring or other water for drinking purposes, to file, under oath, with the Department of Health, the name of such water and the exact location from which it is obtained, together with the chemical and bacteriological analysis thereof, and, when manufactured, the exact formula used in its production, giving qualitatively and quantitatively each and every item entering into its composition. No person shall manufacture or bottle mineral, carbonated or table waters, in The City of New York without a permit from the Board of Health.

Sec. 60. Every butcher or milk dealer, and their agents, shall allow the parties authorized by this Department to freely and fully inspect the cattle, meats, fish, vegetables and milk held or kept by them, or intended for sale, and will be expected to answer all reasonable and proper questions asked by such persons relative to the condition thereof, and of the places where such articles may be.

Water.

Sec. 61. No person shall throw or allow to run or pass into any public reservoir, water-pipe or aqueduct, or into or upon any border or margin thereof, or excavation or stream therewith connected, any

animal, vegetable, or mineral substance whatever; nor shall any person (having power or right to prevent the same) do or permit any act or thing that will impair or peril the purity or wholesomeness of any water or other fluid used or designed as a drink, in any part of said city; nor shall any person bathe nor (except in the discharge of a public duty) put any part of his person into such water; nor shall any unauthorized person open any erection or unscrew any hydrant holding such water.

Sec. 62. It shall be the duty of every person, officer, department, and board, having any authority and control in regard to any water designed for human consumption (and within the proper sphere of the duty of each thereof), to take all usual and also all reasonable measures and precautions to secure and preserve the purity and wholesomeness of such water.

Sec. 63. Water from wells in the Borough of Manhattan shall not be used for drink; nor shall such water be used for any purpose in any tenement or lodging-house, hotel, manufactory or building in which persons are living or employed, or in which there are offices, or a restaurant or saloon, without a permit from the Board of Health. Water from wells in the other boroughs of said city, other than the public water supply, shall not be used in any tenement or lodging-house, hotel, manufactory or buildings in which persons are living or employed, or in which there are offices or a restaurant or saloon, without a permit from the Board of Health.

Sec. 64. No person shall destroy or in any wise injure or impair any drinking hydrant, or part thereof, in the said city; nor shall any person interfere with the use or enjoyment of the water therein, or therefrom, or interrupt the flow thereof, nor shall any person put any dirty, poisonous, medicinal, or noxious substance into or near said water or hydrant, whereby such water is made or may be regarded as dangerous or unwholesome as a drink.

Drugs, Medicines, Adulterations and Poisons.

Sec. 65. No person shall make, prepare, put up, administer or dispense any prescription, decoction, or medicine under any deceptive or fraudulent name, direction or pretence; nor shall any ingredient be

substituted for another in any prescription; nor shall any false or deceptive representation be made by any person to any other, as to the kind, quality, purpose, or effect of any such drug, medicine, decoction, drink, or other article offered or intended to be taken as food or medicine.

Sec. 66. No poison shall be sold at retail by any person in The City of New York, without having affixed to the bottle, box, parcel or receptacle containing such poison, a label bearing the word "Poison" distinctly shown, printed or written in red ink, together with the name and place of business of the seller and the name of the poison printed or written upon such bottle, box, parcel or receptacle in plain legible characters.

Sec. 67. No phenol, commonly known as carbolic acid, shall be sold at retail by any person in The City of New York, except upon the prescription of a physician, when in a stronger solution than five per

cent.

Sec. 68. No person shall have, sell or offer for sale in The City of New York any food which is adulterated or misbranded. The term food as herein used shall include every article of food and every beverage used by man and all confectionery.

Food as herein defined shall be deemed adulterated:

(a) If any substance or substances has or have been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength.

(b) If any inferior or cheaper substances have been substituted wholly or in part for the article.

(c) If any valuable constituent of the article has been wholly or in part abstracted.

(d) If it consists wholly or in part of diseased or decomposed or putrid or rotten animal or vegetable substance, or any portion of any animal unfit for food, whether manufactured or not, or if it is a product of a diseased animal, or one that has died otherwise than by slaughter.

(e) If it be colored or coated or polished or powdered, whereby damage is concealed or it is made to appear better than it really is.

(f) If it contains any added poisonous ingredient, or any ingredient which may render such article injurious to health; or if it contains any antiseptic or preservative not evident and not known to the purchaser or consumer.

(g) If in the case of confectionery, it contains 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.

(h) If, in the case of spirituous, fermented and malt liquors, they contain any substance or ingredient not normal or healthful to exist in such liquors, or which may be deleterious or detrimental to health when such liquors are used as beverages.

Food shall be deemed misbranded:

(a) If it be an imitation or offered for sale under the distinctive name of another article.

(b) 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 fails to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, chloroform, cannabis indica, chloral hydrate or acetanilid, or any derivative or preparation of any such substances contained therein.

(c) 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.

(d) If the package or its label shall bear any statement, design or device regarding the ingredients or the substances 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:

First-In the cast 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 aricle, 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 herein used, 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 section 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 section may require to secure freedom from adulteration or misbranding.

Sec. 69. No person shall manufacture or produce or have, sell or offer for sale in The City of New York any drug which is adulterated or misbranded. The term drug as herein used shall include all medicines for external or internal use, or both. Drugs as herein defined shall be deemed adulterated:

(a) If when sold by or under a name recognized in the United States pharmacopoeia or National formulary, it differs from the standard of strength, quality or purity as determined by the test laid down in the United State 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 provsion 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.

(b) If its strength or purity falls below the professed standard under which it is sold.

A drug shall be deemed misbranded:

(a) If it be an imitation or offered for sale under the distinctive. name of another article.