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GENERAL FOOD LAWS.

SEC. 1. Sale of adulterated articles prohibited. No person shall sell, or offer for sale, any adulterated drug or substance to be used in the manner of medicine or any adulterated article of food or substance to be used in the manner of food or drink.

SEC. 3. Adulterated food or drink. If any food or substance to be eaten or used in the manner of food or drink contains a less quantity of any valuable constituent than is contained in the genuine article, weight for weight, or contains any substance foreign to the well known article under whose name it is sold, or is colored, coated, polished or powdered, whereby damage is concealed, or contains any added poisonous ingredient, or consists wholly or partly of any decomposed, putrid or deceased [diseased?] substance, or has become offensive or injured from age or improper care, it shall be deemed to be adulterated within the meaning of this Chapter.

SEC. 4. Penalty for sale of adulterated article. Whoever adulterates, for the purpose of sale, any article of food or drink, drug or medicine, or knowingly sells any adulterated article of food or drink, or drug, or medicine, or any kind of deceased [diseased?] or unwholesome provisions, as defined in this Chapter, shall be imprisoned not exceeding one year in the county jail, or be fined not exceeding four hundred ($400.00) dollars, or both such fine and imprisonment.

SEC. 9. Sampling. Every person offering or exposing for sale any drug or article of food, within the meaning of this Chapter, shall furnish to any analyst, or other officer duly appointed for the purpose, who shall apply to him for the same and tender him its value in money, a sample sufficient for the purpose of analysis of such drug or article of food.

SEC. 10. Suspected samples inspected on request. Any person who has reason to doubt the purity or genuineness of any article of food which he has purchased may send a sealed sample of it to the chemical department of any of the State Institutions for inspection and analysis without cost. If, upon examination, the article appears to be adulterated, the county attorney may obtain a certified sample of it, and, should this sample prove to be adulterated, the county attorney shall begin proceedings at once against the vendor.

SEC. 11. Interference. Whoever hinders, obstructs, or in any way interferes with any inspector, analyst or other officer duly appointed hereunder, in the performance of his duty, shall be fined not exceeding fifty ($50.00) dollars for the first offense, and one hundred ($100.00) dollars for each subsequent offense. SEC. 12. Analyst to reserve portion of sample. Before commencing the analysis of a sample, the analyst shall reserve a portion which shall be sealed, and, in case of complaint or indictment, part of the reserved portion of the sample alleged to be adulterated shall, upon application, be delivered to the defendant

or his attorney and part to the county attorney in the county where the complaint or indictment is found.

SEC. 13. Adulteration of liquors; penalty. Whoever adulterates, for the purpose of sale, any liquor used or intended for drink, cocculus, indicus, vitrol, [vitriol?] grains of paradise, opium, alum, capsicum, copperas, laurel water, logwood, brazil wood, cochineal, sugar of lead, or any other substance which is poisonous or injurious to health, or knowingly sells any such liquor so adulterated, shall be fined not exceeding one thousand ($1000.00) dollars, or be imprisoned for not exceeding one year in the county jail, or both such fine and imprisonment.

SEC. 14. Slaughter of calves; penalty. Whoever kills, or causes to be killed, for the purpose of sale, a calf less than four weeks old, or knowingly sells or has in his possession, with intent to sell for food, the meat of such calf, shall be fined not exceeding fifty ($50.00) dollars, or be imprisoned not exceeding thirty days in the county jail, or both such fine and imprisonment.

SEC. 15. Unwholesome provisions to be forfeited. Any meat, unwholesome provisions or articles sold, kept or offered for sale, and any articles adulterating in violation of any of the preceding section, shall be forfeited.

SEC. 17. Penalty. Any person who shall violate any of the provisions of the preceding sections of this Act shall on conviction thereof, be fined not less than ten dollars nor more than one hundred dollars and each article, barrel or package sold in violation of this Act shall constitute a separate offense.

SEC. 19. Prosecuting attorney to represent people in court. It is hereby made the duty of the prosecuting attorneys of this state to appear for the people and to attend to the prosecution of all complaints under this Act in all the courts in their respective counties.

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SEC. 20. Exemption. All goods purchased before March 1, 1907, by wholesale or retail dealers of this State only, are exempt from the provisions of this bill until January 1, 1908. This exemption is held to extend to stocks of goods in the hands of the original manufactures or packers of this state, contracted before March 1, 1907, and to the goods exempt under this section, no matter how many times they change hands, provided that all such goods shall contain their true brand or formula.

SEC. 21. Repeal. All Acts and parts of Acts in conflict with this Act are hereby repealed.

SEC. 22. Effect. This Act to take effect and be in force on and after its passage and approval.

Approved March 8, 1907. Laws of 1907, ch. 175, pp. 466–471.

SEC. 1. Adulterated food prohibited; guaranty to be posted. If a proprietor, manager or other person having the management of any hotel, resturant [restaurant?] or boarding-house in the State of Montana shall serve or cause to be served upon the tables to his or their guests any article of food known to said proprietor or manager of said hotel, restaurant or boarding-house, to be adulterated, he shall be guilty of a violation of this Act, unless he or they shall have posted, hung up and maintain in his or their public office and in his or their dining room, in a conspicuous place in full view of his or their guests, a large red, card board sign, the size of which shall be twelve (12) inches in width, the words printed thereon in large, bold, black letters of the size of not less than seventy-two point type, "We Serve On Our Tables, No Food Stuffs Which Have Been Harmfully Adulterated,” Be it further provided that

@ So in Statutes.

the original labels shall always be maintained and kept upon the can, carton, box, bottle, barrel or other receptacle containing any such goods which may be used for foods, until all of the contents of such cans, boxes, cartons, bottles, barrels or any other receptacle containing any such food stuffs shall have been used or totally destroyed.

SEC. 2. Failure to post guaranty cards, a misdemeanor; penalty. For failure to put up and maintain such cards continuously in said public offices and dining rooms heretofore mentioned, or to maintain the labels as this Act directs, the proprietor or manager guilty of such failure shall be guilty of a violation thereof, the penalty for which shall be, for the first offense a fine of Two Hundred Dollars ($200) and costs of court for the prosecution of the said cause; for the second offense a fine of Three Hundred Dollars ($300) together with court costs and a term of not less than three months nor more than six months in the County Jail; for the third offense, a fine of Six Hundred Dollars ($600) and court costs, and a term in the State Prison for a period of not less than one year nor more than three years.

SEC. 3. Prima facie evidence; right of access for inspection. Any canned goods or food stuffs purchased at the stores in Montana, or from any wholesale or retail stores in the United States which are labeled as being adulterated and served to their guests or stored upon the premises occupied by them shall be prima facie evidence of the guilt of such hotel, resturant [restaurant?] or boarding-house proprietor or manager if such cards are not displayed as heretofore directed.

Any state chemist or any sheriff or any of his deputies shall at all times have free and peaceable access during business hours in the store-room, kitchen, or any other place where foods are stored or kept by the proprietor or manager aforesaid, for the purpose of ascertaining the quality and brands of the goods used by said proprietor or manager.

SEC. 4. Repeal. All Acts and parts of Acts in conflict with this Act are hereby repealed.

SEC. 5. Effect. This Act shall take effect and be in force from and after May first, 1907.

Approved March 8, 1907. Laws of 1907, ch. 169, pp. 432–433.

ALCOHOLIC BEVERAGES.

See General Food Law, page 132.

DAIRY PRODUCTS.

4064 I. License for sale of oleomargarine, etc. Every person, company or corporation selling oleomargarine, butterine, or imitation of cheese, shall pay a license of one cent per pound for all these articles sold.-As amended February 20, 1907. Laws of 1907, ch. 22, p. 37. See Bul. 69, Rev., Pt. IV, p. 341. Political Code, 1895, vol. 2, subsec. 13, p. 557.

MAPLE PRODUCTS AND VINEGAR.

SEC. 5. Products of maple sap. No person shall sell, expose for sale, exchange, barter, or deal in any article as and for maple sugar, maple candy or maple syrup unless the same shall be sugar, candy or syrup made solely from the sap of the maple tree.

SEC. 6. Cider vinegar; standard. No person shall sell or expose for sale, exchange, barter or deal in any article as and for cider vinegar, unless the

same shall be vinegar made solely from cider made of apples, and shall have an acidity equal to the presence of not less than four (4%) per cent by weight of absolute acetic acid, and shall contain not less than 1.6 by weight of apple solids.

SEC. 7. Misbranding of maple products and vinegar prohibited. No person shall have in his possession for sale, exchange, or barter, any article which is not maple sugar, maple candy or maple syrup, or which is not cider vinegar, as those articles are defined in the two preceding sections, which is labeled. marked or represented to be maple sugar, maple candy, maple syrup or cider vinegar, and no vinegar shall be sold to contain over five (5%) per cent, by weight, of absolute acetic acid.

SEC. 8. Penalty. Any person, who shall violate any of the provisions of the three preceding sections, shall be fined not less than ten ($10.00) dollars, nor more than fifty ($50.00) dollars.

Approved March 8, 1907. Laws of 1907, ch. 175, pp. 467–468.

See General Food Law, page 132.

MEAT.

WATER.

SEC. 1. General inspection and records. The State Board of Health shall have the general oversight and care of all inland waters and of all streams, lakes and ponds used by any City, Town or Public Institution or by any water or ice company in this State as sources of water supply for domestic use, and of all springs, streams and water courses tributary thereto. It shall be provided with maps, plans and documents suitable for such purposes and shall keep records of all its transactions relative thereto.

SEC. 2. Eramination and sanitary protection. Said State Board of Health may cause examinations of waters to be made to ascertain their purity and fitness for domestic use or their liability to impair the interests of the public or of persons lawfully using them or to imperil the public health. It may make rules and regulations to prevent pollution and to secure the sanitary protection, of all such waters as are used for domestic purposes.

SEC. 3. The publication of orders, etc. The publication of an order, rule or regulation made by the State Board of Health under the provisions of this Act in a newspaper of the City or Town in which such order, rule or regulation is to take effect or, if no newspaper is published in such City or Town, the posting of a copy of such order, rule or regulation in a public place in such City or Town shall be legal notice to all persons, and an affidavit of such publication or posting by the person causing such notice to be published or posted, filed and recorded, with a copy of the notice, in the office of the clerk of such city or town shall be admitted as evidence of the time at which, and the place and manner in which the notice was given.

SEC. 4. Inspectors. Said State Board of Health may appoint, employ and fix the compensation of such agents, clerks, servants, engineers and expert assistants as it considers necessary. Such agents and servants shall cause the provisions of law relative to the pollution of water and of the rule and regulations of said Board to be enforced.

SEC. 5. Proposed systems of water shall be submitted to board for approval; definition. Said Board shall consult with and advise the authorities of Cities and Towns and persons having, or about to have, systems of water supply, drain

age and sewerage as to the most appropriate source of water supply, and the best method of assuring its purity or as to the best method of disposing of their drainage or sewage with reference to the existing and future needs of other Cities, Towns or persons which may be affected thereby. It shall also consult with and advise all corporations, companies or persons engaged or intending to engage in any manufacturing or other business whose drainage or sewage may tend to pollute any inland water as to the best method of preventing such pollution, and it may conduct experiments to determine the best methods of the purification or disposal of drainage or sewage. Cities, Towns and all other corporations, companies or persons shall submit to said Board for its advice and approval their proposed system of water supply or of the disposal of drainage or sewage and no City, Town or persons or company shall proceed to build or install or enlarge or extend any system of water supply, drainage or sewage disposal, without first obtaining the approval of the State Board of Health. In this Section, the term, "drainage" means rainfall, surface and subsoil water only and sewage" means domestic and manufacturing filth and waste.

SEC. 6. Pollution of water prohibited. No sewage, drainage, refuse or polluting matter, of such kind and amount as either, of itself or in connection with other matter, will corrupt, pollute or impair the quality of the water of any spring, pond, lake or stream used as a source of water or ice supply by a City, Town or public institution or water or ice company for domestic use, or render it injurious to health, and no human excrement, shall be discharged into any such stream, spring, lake or pond or upon their banks or into any feeders of such spring, lake, pond or stream unless such sewage, drainage, refuse or polluting water shall have been purified, so as to render it harmless in such a manner and under such conditions and restrictions as the State Board of Health may direct.

SEC. 7. Water sheds to be protected from pollution; plans to be approved by board. No municipal or other public or private corporation and no company or person shall hereafter construct, build, establish or operate any railroad, logging road, logging camp, electric plant or manufacturing plant of any kind upon or over any water shed of any public water supply system, unless such corporation, company or person shall protect said water supply from pollution by such sanitary precautions as shall be approved by the State Board of Health, and any such corporation, company or person intending to construct, build or establish or operate any railroad, logging road, logging camp, electric plant or manufacturing plant of any kind upon the water shed of any public water supply system, shall furnish the State Board of Health with detailed plans and specifications of the sanitary precautions to be taken, which must be approved by said Board.

SEC. 8. Complaints of pollution to be investigated by board. Upon complaint to the State Board of Health of the Mayor or Health officer of any City or Town or the managing Board or officer of any public institution or the President of an ice company stating that manure, excrement, garbage, sewage or any other matter which pollutes or tends to pollute the waters of any Lake, Pond, Spring, Stream or water course used by such City, Town, Public Institution or Company as a source of water supply, the said Board shall cause a thorough investigation to be made of such alleged nuisance or pollution, and if, in its judgment, the public health so requires, shall by order served upon the party causing or permitting such pollution, prohibit the continuance of such pollution and shall order him to remove any such cause of pollution.

a So in Statutes.