place, any slaughtered domestic or wild fowls, rabbits, squirrels, or other small animals, wild or tame, that has been preserved by refrigeration or cold storage, unless the entrails, crops and other offensive parts are properly drawn and removed, shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine of not less than fifty dollars nor more than one hundred dollars for each offense.

SEC. 2. Meat to be protected in transportation. Every dealer in slaughtered fresh meats, fish, fowl or game for human food, at wholesale or retail, at any established place, or as a pedler in the transportation of such food from place to place to customers, shall protect the same from dust, flies and other vermin or substance which may injuriously affect it, by securely covering it while being so transported. Every violation of this provision shall be a misdemeanor punishable by a fine of not less than ten dollars, or by imprisonment in the county jail for not less than ten days.

SEC. 3. Effect. This act shall be in force and effect from and after its publication in the official state paper.

Approved February 7, 1907. Laws of 1907, ch. 187, pp. 298-299.

RULES AND REGULATIONS.

The regulations adopted in harmony with the Federal regulations given in Circular 21 of the Secretary's Office, United States Department of Agriculture, are not here reprinted, only such rulings being given as afford information on additional points.

REGULATION 30. Standards of purity, quality, and strength. (Sections S and 14.) When any article of food, liquor, drug or drink falls below the standards of quality, purity or strength which have been adopted or which shall be adopted by the United States Department of Agriculture or the Kansas State Board of Health, it shall be regarded as misbranded or adulterated, within the meaning of the Kansas food and drugs law of February 14, 1907. REGULATION 31. Refrigerated undrawn poultry, game, and fish. (Section 7, sixth under "Food.") The serving for food in any restaurant, hotel, or dining car in Kansas of any poultry, game or fish that has been refrigerated or kept in cold storage with the crop or entrails undrawn is prohibited.

REGULATION 32. Sanitation as affecting food or drugs. Every place where drugs, food or food products are manufactured, prepared, stored, sold or offered for sale shall be required to be kept in a sanitary condition, and when the chief food inspector or his assistants, or any state or local health officer, shall find any such place in an unwholesome or unsanitary condition, he shall give the owner, agent or manager of such place a written notice to such effect, and any neglect or refusal to comply with such notice shall subject such person to the penalties provided in section 3.

REGULATION 33. Sidewalk displays. The sidewalk display of perishable products is prohibited unless such products are inclosed in a show-case or similar device, which will protect the same from flies, dust, or other contamination. Other food products that necessarily have to be peeled, pared or cooked before they are fit for consumption may be displayed on the sidewalk, provided that in such display the bottom of the container be at least eighteen inches above the surface of the sidewalk,

REGULATION 34. Label follows display products. When food products are taken from the original packages and exposed for sale, these food products

shall be accompanied by a copy of the label of the original package, conspicuously displayed.

REGULATION 35. Label must not be destroyed. Labels on barrels, boxes, tubs, pails, casks, or other packages must be so placed as not to endanger their mutilation or destruction in opening such packages. If packages are used from which goods are being sold or offered for sale or displayed, and from which the original label has been removed, destroyed, or rendered illegible, the goods contained therein will be considered misbranded within the meaning of the law. REGULATION 36. Alterations and amendments of regulations. These regulations may be altered or amended at any time, without previous notice, by the Kansas State board of health.

The above rules and regulations are hereby adopted.

Approved by the board March 8, 1907.
Attest:

KANSAS STATE BOARD OF HEALTH.

S. J. CRUMBINE, Secretary.

NOTES ON THE LAW.

The Kansas food and drugs act became a law upon its publication in the official State paper, February 14, 1907. The law is almost an exact copy of the Federal food and drugs law, the only difference as applied to foods being that in section 6, under the definition of food, as used in this law, are added the words "or in the preparation of food." These added words are meant to cover all condiments, flavors, extracts, baking powders, and such other articles as enter into the preparation of food, which is not clearly set forth in the national law.

In section 7, under "Foods," the word "tainted" is inserted in the Kansas law, but does not appear in the national law. This is for the purpose of covering certain unwholesome products that may not be decomposed, in the strictest sense of the word, but which may be tainted with gases or ptomaines. Again, in section 8, under "Foods," the word "arsenic" appears in the Kansas law, but is not in the national law.

* * The national rules and regulations have been adopted in so far as they are not in conflict with the Kansas law. Dealers should familiarize themselves not only with the law itself, but with the rules and regulations, and decisions which may be handed down by the department, which will be published from time to time in the official bulletin of the board.

MAINE.

GENERAL FOOD LAWS.

SEC. 1. Adulteration or misbranding prohibited. It shall be unlawful for any person within this state to manufacture, sell, transport, or offer for sale or transportation, any article of food or drug which is adulterated or misbranded within the meaning of this act.

SEC. 2. "Food" defined. 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. 3. Adulteration defined.

deemed to be adulterated:

In the case of confectionery:

For the purpose of this act an article shall be

If it contains terra alba, barytes, talc, chrome yellow, or other mineral substances of 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 constituents of the article have 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 package, 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. 4. Definition of "misbranded." 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 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, or country in which it is manufactured or produced.

For the purpose of this act an article shall also be deemed to be misbranded: *

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 acetanilide, or any 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 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 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. 5. Director of Experiment Station to publish regulations and standards. The director of the Maine Agricultural Experiment Station shall make uniform rules and regulations for carrying out the provisions of this act, including the collection and examination of specimens of foods and drugs manufactured, sold, transported, or offered for sale or transportation within this state, or which may be submitted for examination by any health, food or drug officer of any town, city or county within this state. The said director may also adopt or fix standards of purity, quality or strength when such standards are not specified or fixed by law and shall publish them together with such other information concerning articles of food and drugs as may be of public benefit. Such rules, regulations and standards shall, where possible, conform to and be the same as the rules and regulations adopted from time to time for the enforcement of act of Congress approved June thirtieth, nineteen hundred and six, and known as The Food and Drugs Act.'

SEC. 6. Samples to be analyzed and results published. The director of the Maine Agricultural Experiment Station shall analyze, or cause to be analyzed, samples of articles of food and drugs on sale in Maine, and at such times

and to such extent as said director may determine. And said director, in person or by deputy, shall have free access at all reasonable hours to any place wherein articles of food or drugs are offered for sale, and upon tendering the market price of any such article may take from any person samples for analysis. The results of all analysis of articles of food and drugs made by said director shall be published by him in the bulletins or reports of the experiment station, together with the names of the persons from whom the samples were obtained, and the names of the manufacturers thereof.

SEC. 7. Director shall notify violator of act and hold private hearings. When the said director becomes cognizant of the violation of any of the provisions of this act he shall cause notice of such fact, together with a copy of the findings, to be given to the party or parties concerned, including those from whom the sample was obtained, and to the party, if any, whose name appears upon the label as manufacturer, packer, wholesaler, retailer or other dealer. The parties so notified shall be given an opportunity to be heard under such rules and regulations as may be prescribed as aforesaid. Notices shall specify the date, hour and place of the hearing. The hearing shall be private and the parties interested therein may appear in person or by attorney. If the party whose name appears upon the label resides without the state he shall be entitled to reasonable notice by mail at such address as may, with due diligence, be obtained.

SEC. 8. Penalty. Any person who adulterates or misbrands, within the meaning of this act, any article of food or drugs, or any person who sells, transports, offers or exposes for sale or transportation any adulterated or misbranded article of food or drugs, shall be punished by a fine not exceeding one hundred dollars for the first offense and not exceeding two hundred dollars for each subsequent offense. Trial justices and municipal and police courts are hereby vested with original jurisdiction concurrent with the supreme judicial and superior courts, to try, and, upon conviction, to punish, for offenses against the provisions of this act.

SEC. 9. Guaranty exempts dealer. 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 party residing in the United States, from whom he purchased such articles, to the effect that the same is not adulterated or misbranded within the meaning of this act, designating it. Said guaranty, 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 case said party or parties 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. 10. Enforcement of act and prosecution. The director of the Maine Agricultural Experiment Station, shall diligently enforce all the provisions of this act, and when after due hearing he is convinced that the provisions of this act have been violated he shall, in his discretion prosecute all offenses against the same.

SEC. 11. Appropriation. There shall be appropriated annually from the state treasury the sum of three thousand dollars in favor of the Maine Agricultural Experiment Station, and the same may be expended in the inspection and analysis of food and drugs. So much of said appropriation shall be paid by the treasurer of state to the treasurer of said experiment station as the director of said station may show by his bills has been expended in performing the duties required by this act. Such payment shall be made quarterly upon the order of the governor and council, who shall draw a warrant for that purpose.