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1779.

Costs of prosecutions; fines. In all prosecutions under this chapter, and in all prosecutions under other laws which the dairy and food commissioner is authorized to enforce, the costs thereof shall be paid and collected as in other criminal cases; but all fines collected shall be paid into the state treasury, and be added, together with all fees and other receipts of the commissioner, to the appropriation made for the support of his office for the current year. As amended April 25, 1907; General Laws of 1907, ch. 426, p. 608. See Bul. 69, Rev., Pt. IV, p. 313.

Revised Laws 1905, ch. 21, p. 358.

SEC. 1. Inspection of factories, etc. At such times as the dairy and food commissioner may deem proper and at least once annually, he shall cause to be inspected all canning factories where fruits or vegetables are put up and preserved in tin or glass cans or jars, to be sold as food, and may require the correction of all unsanitary conditions, and practices found therein, and may search and enter all cupboards, closets or any other places in said canning factories for the purpose of discovering any chemical preservatives or adulterants which he believes are in use or intended to be used in the canning or preserving of fruits or vegetables.

Every refusal or neglect to obey any lawful direction of the commissioner or his agent, given in carrying out the provisions of this section, shall be deemed a misdemeanor.

SEC. 2. Conditions of factories to be published. The dairy and food commissioner shall, in his public bulletins of information, report and publish the conditions found in the canning factories he has inspected.

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SEC. 3. Definition and use of "Minnesota standard." Any person, firm or corporation owning or operating a canning factory where fruit or vegetables are put up and preserved in tin or glass cans or jars, to be sold as food, may label and sell the same as Minnesota standard,” provided the person, firm or corporation puts up, cans and preserves fruits and vegetables which are absolutely free from chemical coloring matter and adulterants of any kind, and which have been inspected and passed upon as of first-class grade and quality by the dairy and food commissioner.

SEC. 4. Commissioner shall detail inspector at request of manufacturer; expenses; “Minnesota standard” not to be used without authority; penalty. The commissioner shall, upon the request of the owner or operator of any canning factory, furnish an efficient deputy or agent for the purpose of such inspection, who shall be required to be daily at the canning factory during the canning season, to test and inspect the fruits or vegetables as they are in process of being put up and canned, and shall be required to stencil, mark or brand all cans or jars containing the canned product which he has inspected and passed upon as of first-class grade and quality and entitled to be labeled and sold as "Minnesota standard," with the words "Inspected and approved," and also the name of the deputy or agent making such inspection, provided said owner or operator pay to the commissioner the sum of at least one hundred dollars in advance for such examination and inspection, but the expense to the owner or operator of any canning factory shall not be more than five dollars per day during the time that the deputy or agent is in attendance at said factory for such examination and inspection.

Whoever shall, without such inspection and without authority of the commissioner, as aforesaid, use the brand or label "Minnesota standard," shall be guilty of a misdemeanor.

Whoever shall be found guilty of a misdemeanor under this act shall be punished by a fine of not less than $30, or by imprisonment in the county jail for not less than thirty days.

SEC. 5. Effect. This act shall take effect and be in force from and after its passage.

Approved April 25, 1907. General Laws of 1907, ch. 455, pp. 703–705.

DAIRY PRODUCTS.

SEC. 1. Adulterated ice cream defined.

No person shall manufacture or sell

adulterated ice cream, and ice cream shall be deemed adulterated:

(1) If it be made from or contain impure milk or impure cream or any unwholesome substance or any coal-tar dye or saccharin or any substance injurious to health; or

(2) If it contains less than 12 per cent, by weight, of butter fat, or

(3) If it be colored, powdered or treated in any manner whereby damage or inferiority is or may be concealed.

SEC. 2. Penalty. Every 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 20 days.

SEC. 3. Enforcement of act. The State Dairy and Food Commissioner, his assistants and employees, shall enforce the provisions of this act and in so doing shall have all the powers and authority with relation thereto that are conferred upon them and each of them by Chapter 21, Revised Laws, 1905; and the words " person” and “sell” as used in this act shall be construed as provided in section 1738, Revised Laws, 1905; and having in possession of any article or commodity, the manufacture or sale of which is prohibited by this act, shall be deemed prima facie evidence of an intent to violate the law; and impure milk and impure cream shall for the purposes of this act be defined as in section 1739, Revised Laws, 1905, or in subsequent laws defining the same; and in any prosecution hereunder the certificate of the Dairy and Food Commissioner's chemist, when sworn to by such chemist, shall be prima facie evidence of the facts therein stated; and the provisions of sections 1736, 1776, 1777, 1778 and 1779, Revised Laws, 1905, shall be deemed a part hereof in the enforcement of this act and the accomplishing of its purposes.

SEC. 4. Effect. This act shall take effect and be in force from and after its passage.

Approved April 6, 1907. General Laws of 1907, ch. 124, pp. 138-139.

1741. Sales licensed. No person shall sell milk or cream in, or to be used in, any municipal corporation, except for the purpose of supplying the same to a butter or cheese factory, without being licensed by the dairy and food commissioner, and the fee for such license shall be one dollar for each place or vehicle from which sale is made. Every such license shall expire May 1st, next after its issue; shall be given only to a person owning or leasing the vehicle or place from which sales are to be made, and shall not be transferred. Each license shall be numbered and shall contain the name, residence and place of business of the licensee, the names of all employees to act thereunder, and the number of vehicles and places to be used. The name and number of the license shall be plainly inscribed on both sides of each vehicle in use for the purposes aforesaid, and every sale from a vehicle not so inscribed, shall be deemed a misdemeanor. Every licensee shall report to the commissioner any change of driver or person employed by him in connection with such sales which may occur during the term of his license. Any person keeping not more than three cows and not selling any milk or cream except milk or cream produced by such

three cows, shall be exempted from the provisions of this section.-As amended April 23, 1907; General laws of 1907, ch. 337, p. 460. See Bul. 69, Rev., Pt. IV, 1. 315.

Revised Laws of 1905, ch. 21, pp. 349-350.

HONEY.

SEC. 1. Governor to appoint a state inspector of apiaries. The governor shall appoint a state inspector of apiaries for the term of two years and until his successor qualifies. Vacancies shall be filled by like appointments for the unexpired term.

SEC. 2. Duties. Said inspector shall, when notified of the existence of foul brood or other infectious diseases among apiaries, examine all reported apiaries and all others in the same locality and ascertain whether or not such disease exists, and if satisfied of its existence, shall give the owner or person who has charge of such apiaries full instructions as to the manner of treating them. Within a reasonable time after making such examination, the inspector shall make another examination thereof, and if the condition is such as in his judgment renders it necessary, he may give notice to the owner or person in charge of such apiaries, prohibiting the sale, barter or removal of any bees, honey or appliances from such affected apiary.

SEC. 3. Inspection of infected hives. After inspecting infected hives or fixtures, or handling diseased bees, the inspector shall, before leaving the premises or proceeding to any other apiary, thoroughly disinfect any portion of his own person and clothing, and any tools or appliances used by him which have come in contact with infected material, and shall see that any assistant or assistants with him shall likewise thoroughly disinfect their persons and clothing and any tools and implements used by them.

SEC. 4. Sale of foul broods prohibited. Any bee keeper who shall be aware of the existence of foul brood in his apiary, or who shall receive notice from the inspector as provided in section 2 of this act, and who shall sell, barter, give away or remove any such apiary, or any honey, appliances or bees from such apiary, and any beekeeper who shall refuse to allow the inspector to examine his apiary, honey and appliances, shall be fined not less than $10 nor more than $100 or be imprisoned in the county jail not less than 10 days nor more than 30 days.

SEC. 5. Annual report. The inspector of apiaries shall make, at the close of each calendar year, a report to the governor, stating the number of apiaries visited, the number of those diseased and treated, the effect of such treatment, and the disposition made of such apiaries,

SEC. 6. Compensation. The compensation of said inspector of apiaries for services and expenses is hereby fixed at one thousand dollars ($1,000) per year and there is hereby appropriated out of money in the state treasury not otherwise appropriated the sum of one thousand dollars ($1,000) each year for the maintenance of said inspector of apiaries.

SEC. 7. Effect. This act shall take effect immediately after its passage.
Approved April 12, 1907. General Laws of 1907, ch. 160, pp. 177–178.

See Dairy Products, page 117.

ICE CREAM.

SPICES AND CONDIMENTS.

1762. Adulteration. The sale of adulterated spices and condiments is prohibited and for the purpose of this chapter a spice or condiment shall be deemed adulterated:

(1) If it be mixed or packed with other articles as to decrease its strength or purity; or

(2) If any normal constituent thereof has been either in whole or in part abstracted; or

(3) If it be an imitation of the article named upon the label; or

(4) If it be colored, powdered or treated in any manner whereby damage or inferiority is concealed, or whereby the quality, quantity or value is misrepresented.

No person shall sell any spice or condiment unless each receptacle or package in which the same is kept for sale or sold, shall have securely affixed upon the side thereof, a label, upon the outside face of which shall be printed in plain, conspicuous, legible type, the net weight of the contents of such receptacle or package; and such label shall also contain the name and address of the manufacturer or packer of such spice or condiment.-As amended April 18, 1907. General Laws of 1907, ch. 237, pp. 322-323. See Bul. 69, Rev., Pt. IV, p. 320. Revised Laws of 1905, ch. 21, pp. 353-354.

VINEGAR.

1757. "Vinegar" defined; standard.

The term "vinegar" as used herein, shall be deemed to include any article or preparation designed or offered for sale or use as vinegar, or as a substitute thereof, or in imitation thereof.

No person shall sell as cider vinegar any article or preparation not wholly from pure apple juice.

The manufacture or sale of adulterated vinegar for use in any form in food is prohibited, and any vinegar shall be deemed adulterated

1. If one hundred (100) cubic centimeters, as a temperature of twenty (20) degrees centigrade, shall contain less than four (4) grams of acetic acid.

2. If it contain any artificial coloring matter; or

3. If it contain any mineral acid, or any acid or product originating from the distillation of wood, or any poisonous metallic impurities, or any substances injurious to health; or

4. If it be cider vinegar and contains less than one and six-tenths (1.6) per centum of cider vinegar solids upon full evaporation at the temperature of boiling water.-As amended April 23, 1907. General Laws of 1907, ch. 347, p. 484. See Bul. 69, Rev., Pt. IV, p. 321.

1758. Same--Branding. No person shall sell vinegar, unless the receptacle in which it is kept for sale or sold, be plainly and conspicuously marked, in the English language, upon the head thereof by stencil, brand, or label, with the name of the kind of vinegar therein contained, its percentage of acetic acid, the name of the substances from which it is made, the name of the maker and the place of manufacture. The size of the letters and the figures in the marking herein required shall be not less than one inch in length when a barrel or larger size container be used, and when a keg or any wooden receptacle of less than barrel size be used the size of the letters and figures shall not be less than onehalf inch in length; and if the receptacle consists of a bottle, jug or similar container, the data and information herein required shall be plainly printed, in English, with black ink, with type not smaller than eighteen point bold-faced Gothic capitals, upon a white label which shall be securely affixed upon the side of such receptacle.-As amended April 23, 1907. General Laws of 1907, ch. 347, pp. 484-485. See Bul. 69, Rev., Pt. IV, p. 321.

Revised Laws 1905, ch. 21, pp. 352-353.

MISSOURI.

GENERAL FOOD LAWS.

SEC. 1. Adulterated or misbranded food or drug. No person or persons, firm or association of persons, company or corporation shall, within this state, manufacture, produce, sell, offer or expose for sale, or have in his, their or its possession, with intent to sell, any article of food or drug which is adulterated or misbranded within the meaning of this act, or cause or procure the same to be done by others.

SEC. 2. "Food" defined. *

The term " food," as used in this act, shall include all articles used for food, drink, confectionery or condiment by man or animal, whether simple, mixed or compound.

SEC. 4. Adulteration defined. Food shall be deemed to be adulterated: 1. If any substance or substances have been mixed with it so as to lower or depreciate or injuriously affect its strength, quality or purity. 2. If any substance or substances have been substituted wholly or in part for the article. 3. If any valuable or necessary constituent or ingredient has been wholly or in part abstracted from it. 4. If it is mixed, colored, coated, polished, powdered or stained in a manner whereby damage or inferiority is concealed; or if, by any means, it is made to appear to be better or of greater value than it really is. 5. If it contain any added substance which is poisonous or injurious to health: Provided, that when in the preparation of food products for shipment they are preserved by any external application, applied in such a 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. 6. If it consist wholly, or in part, of a diseased, filthy, decomposed, putrid, infected, tainted or rotten animal or vegetable substance, or any part or portion of an animal diseased or otherwise unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or of an animal that has died otherwise than by slaughter, and in case of meats, oysters or fish, sold or offered for sale in the fresh state, if such meats, oysters or fish shall have been inoculated, dusted, powdered, sprayed, rubbed, annointed, washed sprinkled fumigated or in any other manner treated with any of the substances declared deleterious or dangerous by this act, or any antiseptic or chemical preservative or dye stuff whatsoever, whose use and apparent purpose is to mask decomposition, or to give to the meat, oysters or fish a false appearance of freshness or quality. And in the case of dairy products, if any such product be drawn or produced from cows fed on unhealthy or unwholesome food, or on waste, slops, refuse, leavings or residue of any nature or kind from distilleries, breweries or vinegar factories, or on food in a state of putrefaction, or from cows diseased in any way. 7. If it contains methyl or wood alcohol in any of its forms. 8. If it be an imitation or. sold as or for another article. 9. If, in the case of confectionery, it contains

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