SEC. 9. Inspection of buildings, etc. The Agents and Servants of said Board may enter any building, structure or premises for the purpose of ascertaining whether sources of pollution or danger to the water supply there exist, and whether the rules, regulations and orders aforesaid are obeyed.

SEC. 10. Appeal. Whoever is aggrieved by any order of the State Board of Health passed under the provisions of this act may appeal therefrom to the District Court of the County in which such order shall be effective. But such notice as the Court shall order shall also be given to the Mayor of the City or Town or President of the Water Company or any other persons interested in such order. While the appeal is pending the order of the State Board of Health shall be complied with unless otherwise authorized by the State Board of Health.

SEC. 11. District court to have jurisdiction in equity. The District Court of any county of the State shall have jurisdiction in equity upon the application of the State Board of Health or of any person interested, to enforce its orders or the orders, rules and regulations of said Board of Health, and to restrain the use or occupation of the premises or such portion thereof as said Board may specify, on which said material is deposited or kept, or such other cause of pollution exists, until the orders, rules and regulations of said Board have been complied with.

SEC. 12. Experimental station for the study of sanitation. In order that the State Board of Health may at all times be prepared to give the best advise to cities, towns, public institutions or private corporations relative to the prevention or removal of pollutions of water, said Board is hereby authorized to establish and maintain an experimental station for the purpose of studying the best methods of preventing pollution of water and for the purification of water and for the purification, disinfection and disposal of sewage and domestic and manufacturing waste so as to prevent pollution of water, and said Board is authorized to cause sanitary methods and system in use outside of the State of Montana to be investigated and studied with a view of ascertaining their fitness for conditions in this State.

SEC. 13. Reports. The State Board of Health shall biennially make a report to the Legislature, through the Governor, of its doings for the preceding period, recommend measures for the prevention of the pollution of such waters and for the removal of polluting substance in order to protect and develop the rights and property of the state and municipalities therein and to protect the public health, and recommend any legislation or plans for systems of main sewers necessary for the preservation of the public health and for the purification and prevention of pollution of the ponds, lakes, springs and inland waters of the State. It shall also give notice to the Attorney General of any violation of law relative to the pollution of water supplies and inland waters.

SEC. 14. Violation of the act a misdemeanor; penalty. Whoever violates any of the provisions of this Act or any rule, regulation or order of the State Board of Health made under the provisions of this act shall be punished for each offense by a fine of not more than one thousand dollars or by imprisonment for not more than one year or by both such fine and imprisonment.

SEC. 15. Repeal. All Acts and parts of acts in conflict herewith are hereby repealed.

SEC. 16. Effect. This act shall be in full force and effect from and after its passage and approval.

Approved March 8, 1907. Laws of 1907, ch. 177, pp. 474-479.

NEBRASKA.

GENERAL FOOD LAWS.

SEC. 144. Power given to cities. In addition to the powers herein granted, cities governed by this act shall have power by ordinance:

VII.

* To provide for, license, and regulate the inspection and sale of meats, flour, poultry, fish, milk, vegetables and all other provisions or articles of food exposed or offered for sale in the city, and to prescribe the weight and quality of bread exposed or offered for sale in the loaf. Also to provide for the inspection of weights and measures or weighing apparatus. Approved April 6, 1907. Laws of 1907, ch. 8, p. 66.

SEC. 1. Food, dairy, and drug commission. There is hereby created a Food, Dairy and Drug Commission for the State of Nebraska, for which the usual facilities for transacting its business and carrying out the provisions of this act shall be furnished, the same as for other executive departments of the state government.

SEC. 2. Governor made commissioner; duty; deputy commissioner; duty; qualifications; salary. The Governor of this State is hereby made the Food, Drug and Dairy Commissioner of said Commission and there is hereby devolved upon him the duty of executing all the provisions of this act and all other acts in force or which may be hereafter enacted relating to food, drug and dairy products; and to facilitate him in the discharge of his duties he is hereby required to appoint a Deputy Commissioner who shall receive a salary of eighteen hundred dollars ($1800) per annum. Said Deputy Commissioner shall keep an accurate account of the expenses of his office and file monthly itemized statements of such expenses with the Auditor of Public Accounts; he shall hold his office at the pleasure of the Governor, and shall aid him in discharging the duties which devolve upon said food, drug and dairy commissioner. He shall be a person of standing, skill, ability and knowledge concerning chemistry, drugs, food products and dairy products.

SEC. 3. Deputy to appoint other officers; salaries; reports; certified list of adulterants. Said Deputy Commissioner shall give bond in the sum of three thousand dollars ($3,000) to be approved by the Governor. He shall be authorized to employ a stenographer at a salary of seventy dollars ($70.00) per month; and he may, with the approval of the Governor, appoint a Chemist at a salary of fifteen hundred dollars ($1500) per annum. It shall be the duty of said chemist to make full analyses of all samples of food, drug and dairy products submitted to him for that purpose by said commissioner or his deputy and make and preserve in his office at the time a full and complete record thereof. A true copy of said record certified by said chemist shall be deemed and

a Metropolitan cities.

received as prima facie evidence of the facts in said record recited. The Deputy Commissioner may, with the approval of the Governor, appoint not to exceeed two Drug and Food Inspectors, and not to exceed four dairy inspectors. It shall be the duty of said dairy inspectors to inspect farm dairies, milk and cream receiving stations, creameries, factories, and places where dairy products are produced, handled, tested, manufactured, sold or offered for sale, and all utensils, machinery, appliances, implements or methods used or employed in connection therewith. Said food, drug and dairy inspectors and each of them shall hold their respective positions at the pleasure of the Governor and shall receive as compensation for their services not to exceed the sum of $3 per day in addition to their actual and necessary traveling expenses. The Deputy Commissioner shall make an annual report to the Governor the same as other state officers, on or before the first day of November of each year, giving in a concise manner in said report a full statement of the conditions of the foods,, drugs and dairy products of the state, and accounting for all receipts and disbursements of his office. Said report shall be printed and published and distributed the same as reports of other state officers, and in June and December of each year said deputy shall furnish to the clerk of each county of the state a certified list of all adulterated foods, food products, liquors, beverages, medicines and remedies as found by any analysis, showing the name and brand of the article, the manufacturer, and the name of the injurious adulterant. Said list shall at all times be subject to public inspection.

SEC. 4. Samples may be taken on payment. The Deputy Commissioner, Inspectors or any person by said Deputy Commissioner duly appointed for that purpose, is at all times authorized upon paying therefor the full value thereof to the person entitled thereto, to seize or take possession of samples of any and all liquors, beverages, medicines, remedies, and all foods, drugs or substitutes therefor or imitations thereof kept for sale, exposed for sale, or held in possession or under the control of any person which, in the opinion of the Deputy Commissioner, Inspectors or any such person by him duly appointed, shall be contrary to the provisions of this act, and if on analysis of such samples they are found to be adulterated or misbranded within the meaning of this act then the remainder of said articles may be seized by said officers.

First. Disposal of samples. The person making such seizure as aforesaid shall take from such goods as seized, three samples, two samples to be delivered to the State Chemist, and the other sample so taken shall be preserved in the laboratory of the Commission, and upon application, be delivered to any defendant in any prosecution under this act when applied for by his attorney. All the aforesaid samples to be sealed when taken.

Second. Refusal to sell samples. That any person who shall obstruct the Deputy Commissioner, Inspectors, or any person by him duly appointed, by refusing to allow entrance to any place where he is authorized to enter in the discharge of his official duty, or refuses to deliver to him sufficient samples for the analysis of any liquors, beverages, medicines, remedies, or food or drug, grown, manufactured for sale, sold or offered for sale, or in his possession for the purpose of sale, where the same may be found, when the same is requested, and when the value thereof is tendered, shall be punished as hereinafter provided.

SEC. 5. Violation of act prosecuted. If it shall appear from the report of the Chemist or otherwise that any of the provisions of this act have been violated, the Deputy Commissioner shall certify the facts to the proper County Attorney with a copy of the results of the analysis, duly authenticated by the Chemist under oath. It shall be the duty of every County Attorney to whom the Deputy Commissioner shall report any violation of this act, to cause proceed

ings to be commenced and prosecuted without delay for the recovery of the fines and penalties in such cases provided.

SEC. 6. Terms "drug" and "food" defined. The term "drug" as used in this act, shall include all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for the internal or external use, and any substances or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either man or animals. The term "food" as used herein, shall include all articles used for food, drink, confectionery or condiment by man or animals, whether simple, mixed or compound. SEC. 7. Adulteration defined. For the purpose of this act an article shall be deemed to be adulterated.

In the case of confectionery:

If it contains terra alba, barytes, talc, chrome yellow, parafine a 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, in the case of icecream, if it does not contain at least fourteen per cent butter fat, finish, and of fruit cream twelve per cent butter fat, finish, and, if it contain any ingredient deleterious or detrimental to health.

In the case of food:

First. If any substance has been mixed or 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 constituent of the article has been wholly or in part abstracted.

Fourth. If it be mixed, colored, powdered, coated, or stained in any mamer 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 niechanically, 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. S. Definition of “misbranded." The term "misbranded" as used herein, shall apply to all drugs, malt, spirituous or vinous liquors, 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, or malt, spirituous or vinous liquor, which is falsely branded as to the State, Territory, place, 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, or malt, spirituous or vinous liquors:

First, if it be an imitation of or offered for sale under the distinctive name of another article.

a So in Statutes.

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 alcohol, morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, phenacetin (acetphenetidine), antipyrine, or any other of the coal tar preparations, belladonna, or any derivative preparation of any such substances contained therein.

Third. If sold for use in Nebraska and in package form other than canned goods, contents, weight, or measure are not correctly stated on the outside of the package. Provided, however, this provision shall not apply to packages put up by the retailer. In the case of liquids, other than medicines, if the true quantity in container thereof is not correctly stated thereon.

Fourth. If the package containing it, or the label thereon, 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. In case of food products if there be contained in the package any gifts, premiums or prizes. 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:

a

First. In the case of mixture of a compounds which may be now or from time to time hereafter, known as articles of food, under their own destinctive names, and not an immitation of, or offered for sale, under the destinctive " names 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, and the ingredients composing said food.

66

Second. In the case of articles labeled, branded, or tagged so as to plainly indicate that they are compounds, immitation, or blends, and the word “Compound," "Immitation" or 'Blend," as the case may be, is plainly stated on the package in which it is offered for sale, and the ingredients composing said articles; 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 any purpose of coloring and flavoring only; provided, that nothing in this section shall be construed to apply to the compounding of family or domestic recipes; the dispensing of prescriptions written by regularly licensed physicians, veterinary surgeons or dentists and kept on file with the dispensing pharmacist, nor to such drugs as are recognized in the United States Pharmacopoeia, The American Homeopathic Pharmacopoeis, and the National Formulary, and which are sold under the name by which they are recognized, 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 or deleterius 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. And provided further, that in any prosecution for the violation of any provision of this act relative to the manufacture, possession, or sale of any alleged, adulterated, or misbranded drugs, medicines or food stuffs, shall be a defense for the defendant to prove that the articles described in the complaint were in his possession as a part of his stock in trade in this state on or before May first, 1907.

SEC. 9. Eremption. No dealer shall be prosecuted under the provisions of this act when he can establish a bona fide guaranty signed by the wholesaler,

a So in Statutes.