one hundred dollars; and for a subsequent offense by a fine of not less than one. hundred nor more than two hundred dollars.

Approved March 16, 1907. Acts and Resolves of 1907, ch. 216, p. 164.

SEC. 1. Salary of the general agent. The salary of the general agent of the dairy bureau of the state board of agriculture shall be eighteen hundred dollars a year, to be so allowed from the first day of January in the year nineteen hundred and seven.

SEC. 2. Effect. This action shall take effect upon its passage.

Approved May 9, 1907. Acts and Resolves of 1907, ch. 401, p. 344.

FRUIT AND VEGETABLES.

SEC. 1. Exemption. The provisions of section seventy-three of chapter fiftysix of the Revised Laws [see Bul. 69, Rev., Pt. III, p. 266] shall not apply to persons, firms or corporations engaged in the wholesale fruit and vegetable business, who, at the time of sale of fruit or vegetables in the original package, make known to the purchaser the partly decayed condition of the articles in said packages.

SEC. 2. Effect. This act shall take effect upon its passage.

Approved April 13, 1907. Acts and Resolves of 1907, ch. 293, p. 252.

MICHIGAN.

DAIRY PRODUCTS.

SEC. 1. Samples to be representative. In taking samples of milk or cream from any milk can, cream can or any container of milk or cream, the contents of such milk can, cream can, or container of milk and cream shall first be thoroughly mixed either by stirring or otherwise and the sample shall be taken immediately after mixing, or by any other method which gives a representative average sample of the contents, and it is hereby made a misdemeanor to take samples by any method which does not give a representative average sample where milk or cream is bought or sold, and where the value of said milk or cream is determined by the butter fat contained in the same by the Babcock test.

SEC. 2. Standard measures and tests. In the use of the Babcock test, the standard milk measures or pipettes shall have a capacity of seventeen and sixtenths cubic centimeters at sixty degrees Fahrenheit and the standard test tubes or bottles for milk shall have a capacity of two cubic centimeters for each ten per cent, marked on the necks thereof; cream shall be tested by weight and the standard unit for testing shall be eighteen grams, and it is hereby made a misdemeanor to use any other standards of milk or cream measure where milk or cream is purchased by or furnished to creameries or cheese factories, condensed milk factories, milk depots, or any other place where the value of said milk or cream is determined by the per cent of butter fat contained in the same by the Babcock test.

SEC. 3. Incorrect reading of the test, unlawful. It shall be unlawful for the owner, manager, agent or any employee of a cheese factory, creamery, condensed milk factory or milk depot or other place where milk or cream is tested for quality or value to falsely manipulate or under-read or over-read the Babcock test, or make settlements on any other basis than the correct reading of the Babcock test or other contrivance used for determining the quality or value of milk or cream where the value of said milk or cream is determined by the per cent of butter fat contained in the same or to make any false determination by the Babcock test or otherwise.

SEC. 4. Penalty. Whoever shall violate any of the provisions of this act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten dollars nor more than fifty dollars for each and every offense or be imprisoned in the county jail not less than ten days nor more than thirty days.

Approved June 27, 1907.

Public Acts of 1907, [No. 280], pp. 365–366.

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MINNESOTA.

GENERAL FOOD LAWS.

1735. Commissioner and assistants; salaries. He shall receive a salary of two thousand dollars per annum, and shall be allowed the expenses necessarily incurred by him in the discharge of his duties. He may appoint an assistant commissioner at a salary of one thousand five hundred dollars per annum; a secretary at a salary of one thousand two hundred dollars per annum; one chief chemist at a salary of two thousand four hundred dollars per annum; and when needed an assistant chemist or chemists, each at a salary not to exceed one hundred dollars per month; and such number of inspectors as may be necessary, at not to exceed one hundred dollars per month. The expenses necessarily incurred by such subordinates shall be allowed and paid in addition to salary. He may employ necessary legal counsel. The expenses properly incurred by him and his appointees shall be paid by warrant of the state auditor upon itemized accounts thereof approved by him or his. assistant. The total expenses of the office, including salaries and compensation of all employes, shall not exceed in any fiscal year the appropriation made therefor plus the amount allowed by law to the commissioner from moneys received from licenses, fines and articles confiscated and sold under this chapter. Provided that the provisions of this act shall not be construed in any way to repeal the provisions of chapter 300, of the Laws of 1905.-As amended April 18, 1907; General Laws of 1907, ch. 236, p. 322. See Bul. 69, Rev., Pt. IV, p. 309.

Revised Laws of 1905, ch. 21, p. 348.

1771. Substances deleterious to health may not be added to foods. The manufacture or sale of any article, designed or offered for sale or use as food, is prohibited, if it contain or is mixed with, or by use of any substance or preparation the manufacture or sale of which is specifically prohibited by any section of this chapter; or if it be in itself injurious, or if it contain any ingredient injurious to health; or if it contains coal-tar dye or saccharin; or if it consist in whole or in part of a filthy or decomposed substance, or of any portion of any animal unfit for food, or of the product of a diseased animal, or one that has died otherwise than by slaughter. And it shall be unlawful to add or apply to any article designed for sale or use as food, any preservative which conceals or tends to conceal the taste, odor, or other evidence of putrefaction, taint or filth existing in such article, or which conceals or tends to conceal inferiority in any form.-As amended April 19, 1907; General Laws of 1907, ch. 258, p. 350. See Bul. 69, Rev., Pt. IV, p. 312.

Revised Laws of 1905, ch. 21, p. 356.

SEC. 1. The sale of unwholesome foods a misdemeanor. No person shall deal in or sell for use as food any filthy, decomposed, diseased or otherwise unwholesome food or dairy products, either in a natural state or in any manufactured, 113

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mixed or prepared condition; and if any of the aforesaid unwholesome articles or substances be found offered or exposed for sale, or had in possession with intent to sell, for use as food, the dairy and food commissioner, his assistant and employes shall have power and authority to seize the same, or in his or their discretion to render the same unsaleable for use as food; and the said commissioner and his several employes shall be exempt from liability for any such action; and the test as to the unwholesomeness for use as food of any of the aforesaid articles or substances shall be the condition at the time of such discovery. Every violation of the provisions of this act shall be deemed a misdemeanor the punishment whereof shall be a fine of not less than fifty dollars or imprisonment for not less than sixty days.

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The

SEC. 2. Terms ‘person,” “sell,” and “food" construed; prosecutions. said dairy and food commissioner, and his several employes, shall enforce the provisions of this act and in so doing shall have the powers and authority which are conferred upon them and each of them by chapter 21, Revised Laws 1905; and the words "person," "sell" and food," as used in this act, shall be construed as provided in section 1738, Revised Laws 1905, and laws subsequent thereto; and the having in possession of any article or substance the sale of which is prohibited by this act shall be deemed prima facie evidence of an intent to violate the law. In the enforcement of this act the said commissioner and his several employes shall, in addition to those thereby conferred, have the powers of a constable, and seizures may be made hereunder without a warrant, but as soon as practicable after discovery of such unwholesome article or substance the official making such discovery shall cause the arrest and prosecution of the person in whose possession such article or substance be found. When necessary a search warrant may be issued as in the case of stolen property, the form of complaint and warrant being adapted to the purposes of this act. The search warrant shall be directed to the sheriff or any constable of the county, and no security for costs shall be required thereon or upon any prosecution under this act. Articles or substances seized hereunder, if found upon the trial to have been kept, exposed, offered or sold in violation of law, may be forfeited to the state and be disposed of as directed by the court; and the dairy and food commissioner and his several employes, in rendering as aforesaid any unwholesome article or substance unsaleable for use as food, may adopt any reasonable and necessary means in so doing; and the provisions of sections 1736, 1778 and 1779, Revised Laws 1905, shall be deemed a part hereof in the enforcement of this act and for the accomplishing of its purposes.

SEC. 3. Effect. This act shall take effect and be in force from and after its passage.

Approved April 24, 1907. General Laws of 1907, ch. 384, pp. 540-542.

SEC. 1. Labels to exhibit full information; commissioner to make rulings; misbranding a misdemeanor; penalty. For the purpose of securing uniformity, as far as practicable, between the laws of this State and those of the federal government, enacted to prevent fraud and deception in the manufacture and sale of articles of food, and to preserve the public health, the dairy and food commissioner of this state shall have authority by ruling or rulings to require, whenever in his discretion he deems it advisable, that any article of food or the package, receptacle or container thereof, before it be sold or offered or exposed for sale or had in possession with intent to sell in this state, shall be labeled, stamped, stenciled, marked or branded in such manner as to plainly exhibit to the purchaser any or all of the following data or information, to-wit: The true

composition of such food article, its quality, strength, quantity, source of its manufacture or production, and the person by or for whom the same is manufactured, produced, packed or shipped; and the said commissioner shall also have authority to prescribe by such ruling or rulings the date at which the same shall take effect and be in force, and also the form, size, style and wording of and the place, time, method, means and manner of use of all such labels, stamps, stencils, brands and markings. Provided, that each of such rulings shall be in writing signed by the said commissioner, and shall be kept on file in his office and be open to inspection on request; and before any such ruling shall take effect it shall be published twice in a newspaper of general circulation published in this state, and when so made and published shall, from and after the tenth day succeeding the date of the last such publication, have the force and effect of law, and an affidavit of such publication, setting forth the said ruling in full and the dates of such publication thereof, shall be made by the publisher of such newspaper, or by the agent of such publisher, and shall be kept on file by the said commissioner in his office with the original of such ruling or rulings; and such affidavit of publication shall be prima facie evidence of the facts therein contained and of the said ruling and rulings therein set forth; and whenever in his discretion such action is advisable, the said commissioner shall have authority to modify, change or abrogate any and all such rulings, and to issue new rulings, but always in the manner hereinabove prescribed.

When so made and promulgated such ruling or rulings shall have the force and effect of law and to any and all such rulings sections 1774 and 1775, Revised Laws, 1905, shall be adapted and applied, and any person who shall fail to comply with such ruling or rulings of said commissioner, the test for such compliance being the provisions of section 1774, Revised Laws, 1905, adapted and applied as aforesaid, shall be deemed guilty of a misdemeanor; and the having in possession of any article which is misbranded with reference to any such ruling or rulings and within the meaning of section 1774, Revised Laws, 1905, as applied and adapted to such rulings, shall be deemed prima facie evidence that the same is kept in violation of the law; and any violation of the provisions of this act shall be deemed a misdemeanor, the punishment whereof shall be a fine of not less than fifteen dollars or imprisonment for not less than twenty days.

Provided, however, that if a person shall fully comply with the provisions of chapter 21, Revised Laws, 1905, with reference to the labeling, marking, stenciling, stamping and branding of an article of food, but shall fail to comply with the said ruling or rulings of the commissioner which may be made with respect to such article, such person shall be exempt from prosecution hereunder. SEC. 2. Commissioner to enforce the act. The dairy and food commissioner and his several employes shall enforce the provisions of this act, and to this act shall be adapted and applied the provisions of sections 1736, 1738, 1776, 1777, 1778 and 1779, Revised Laws, 1905, as the said sections and each of them now exist and as they may be hereafter amended; nor shall this act be construed as repealing any section or provision of chapter 21, Revised Laws, 1905. Provided, always, that any and all rulings by the said commissioner shall be subjected to the test of its reasonablenesss and utility in accomplishing the purposes of this act.

SEC. 3. Effect. This act shall take effect and be in force from and after its passage.

Approved April 25, 1907. General Laws of 1907, ch. 424, pp. 605–607.