jobber, or manufacturer, in this state, 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, and that he had no knowledge of such adulterations or misbrand" at the time the same was purchased. 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. Confiscation. Any article of food or drug, as defined in this Act, which is condemned as being adulterated or misbranded, unclean, unwholesome, or of a poisonous or deleterious character, within the meaning of this act, the same shall be disposed of by destruction or sale, as the court may direct, before whom the person or persons, company or corporation in whose possession or ownership the said condemned article was found, was or were convicted, and the proceeds of such condemned article, if sold, less the legal costs and charges, shall be paid into the Treasury of the State, but such article shall not be sold in the jurisdiction of the Court, or in any part of the State, to be used contrary to the provisions of this act, or any other laws of this state.

SEC. 11. Definition of person." The word "person," as used in this Act, shall be construed to import both the singular and the plural, as the case may demands, and shall include corporations, companies, societies and associations. When construing and enforcing the provisions of this Act, the act, omission or failure of any officer, agent or any other person acting for or employed by any corporation, company, society or association, within the scope of employment of his office, shall in every case be also deemed to be the act, omission or failure of such corporation, company, society or association as well as that of the person.

SEC. 22. Sale of adulterated or misbranded food, drug, or beverage, unlawful. No person shall within this state manufacture for sale therein, or have in his possession with intent to sell, offer or expose for sale, or sell any liquors, beverages, remedies, medicines, or article of food or drug which is adulterated or misbranded within the meaning of this act.

SEC. 23. Penalty. Any person violating any provision of this act shall upon conviction thereof be fined in a sum not less than $10.00 nor more than $100.00 at the discretion of the court, and shall pay the costs of prosecution and stand committed to the common jail until said fine and costs are paid; And in addition thereto the license, permit and appointment of any inspector or tester who shall have been convicted of any violation of Section XX of this act shall ipso facto be revoked, and in the event he is in the service of said commission he shall forthwith be dishonorably discharged therefrom.

In all prosecutions under this act it shall be a defense if the defendant shall prove said goods were in the state of Nebraska on the first day of April 1907. SEC. 24. Repeal. Chapter 33 of the Compiled Statutes of Nebraska, Edition of 1903, entitled "Food Commission," and Section 234, 240a, 240b, 240c, 240d, and 240e of the Criminal Code of the State of Nebraska, be and the same is hereby repealed.

Approved April 5, 1907. Laws of 1907, ch. 63, pp. 243-256.

CONFECTIONERY.

See General Food Law, page 139.

a So in Statutes.

DAIRY PRODUCTS.

SEC. 12. Duties of deputy commissioner. The said Commissioner Deputy shall, as far as his time permits, act on such reports and complaints as he may receive from owners or managers of creameries, cheese factories, farmers and others who are interested in dairy products, wherein are reported to him any violations of this act, or conditions which result in making or rendering dairy products used or to be used for dairy, food or commercial purposes unclean or unwholesome; and take such action thereon as may be permitted by this Act, or he may deem necessary and proper for improving and advancing the best interests of the dairy industry in this state. He shall also each month make to the Governor a concise report of his transactions as such Deputy Commissioner, and make such recommendations in the premises as he shall deem proper and for the better perfection and encouragement of said industry. It shall be the duty of said Deputy Commissioner and his assistants 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 and methods used or employed in connection therewith.

SEC. 13. Collection and disposal of samples; hindrance. Said Deputy Conmissioner and his assistants shall have full access, ingress and egress to and from all places where dairy products intended for sale are produced, manufactured, stored, transported, kept or offered for sale. They shall also have power and authority to open any package, can or vessel containing such products, and may inspect the same and take true samples therefrom for analysis upon paying therefor the full value thereof to the party entitled thereto. Each sample so taken shall be divided into three parts each equal to the other in amount and quality, two of said parts to be delivered to the chemist of said commission, the sample so taken to be preserved in the office of the commissioner, and upon application delivered to the person or persons from whom taken when applied for by him, his agent or attorney. Provided: That said samples shall each be carefully sealed when taken.

It shall be unlawful for any person or persons to obstruct, hinder or delay said Deputy Commissioner or his assistants in the discharge of any of his official duties.

SEC. 14. County attorney shall prosecute. If it shall appear from the report of the chemist, report of said dairy inspector, 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 result of the analysis, if any has been made, duly authenticated by the chemist under oath. It shall be the duty of every county attorney to whom the Deputy Commissioner shall report any violations of this act or any other acts relating to dairy products to cause proceedings to be commenced in the name of the state of Nebraska and prosecute the same without delay for the recovery of any fines and penalties in such cases provided.

SEC. 15. Definitions. Every person who, in any manner produces imitation butter or imitation cheese shall be considered a manufacturer thereof. Any person who sells imitation butter or imitation cheese in packages or quantities containing more than ten pounds shall be deemed a wholesale dealer thereof. Any person who deals in imitation butter or imitation cheese in packages containing, less than ten pounds each shall be deemed a retail dealer thereof.

The word "creamery" as used in this act is hereby defined as a factory where cream or milk from two or more dairy herds with or without the addition of salt and coloring matter, is churned into butter. The term "cheese

factory" as used in this act is hereby defined to be a factory where milk from two or more herds with or without the addition of salt and coloring matter, is manufactured into cheese. The term "to test milk or cream as used in this act is hereby defined as the process or method by which the percentage of butter fat in said milk or cream is determined.

SEC. 16. Permits for handling imitation butter and testing milk and cream. It is hereby made unlawful for any manufacturer, wholesale dealer or retail dealer in imitation butter or imitation cheese, or both, to enter upon or engage in the business of producing, manufacturing, handling or selling imitation butter or imitation cheese without first procuring from said Commission a permit describing the occupation and place of business of the person engaged in the same, which permit shall expire on the thirtieth day of June following its issuance,, unless sooner revoked. It is hereby made unlawful to operate any creamery or cheese factory, or both, without first securing from said Commission a permit, in which permit shall be described the place of business of the applicant and the business to be conducted under said permit.

It is hereby made unlawful for any person to test milk or cream at any milk or cream receiving station or at any place where milk or cream is received and tested for commercial purposes without first securing a permit issued by the said commission. Said commission is hereby authorized to issue a permit to test milk or cream to any person making application therefor as may on examination be found competent to test milk and cream. Said examination shall be given under the direction of said commission at convenient places therefor throughout the state.

SEC. 17. Cost of permits. For permits issued in connection with this act there shall be charged and collected annually as follows: From each manufacturer of imitation butter or imitation cheese, the sum of $50; from each wholesale dealer in imitation butter or imitation cheese, $25; from each retail dealer in imitation butter or imitation cheese, $10; from each creamery or cheese factory, $5.00; from each person engaged in the testing of cream or milk for commercial purposes, $1.00. Said fees shall in each case be paid into the treasury of this state and credited to the general fund as provided by law in advance of the issuance of any permit. All permits so issued shall expire on the thirtieth day of June next succeeding the date of issuance. When a permit is issued to such manufacturer, dealer, creamery, or factory after the beginning of any license year, the fee charged and collected therefor shall be proportioned to the unexpired portions of such year, counting from the first day of the month in which such license is issued.

SEC. 18. Cleanliness of dairy implements and quarters. It is hereby made unlawful to use or employ in and about the keeping or handling of any milk, cream or dairy products to be used as food any pail, can, vessel, churn, seperator or other implement which is in an unclean or unsanitary condition; or to operate any creamery or factory in the manufacture of any dairy products which is in an unclean condition.

SEC. 19. Sale of diseased milk. It shall be unlawful to knowingly sell or offer for sale any milk or cream from diseased or unhealthy cows, or from cows kept in a filthy or unsanitary condition.

SEC. 20. Testing of milk and cream; standards. It is hereby made unlawful for any person, tester, or inspector to willfully take or submit for the purpose of any test contemplated by this act, any false or unfair sample, of either milk or cream; or to falsify, improperly manipulate, over-read or under-read, or in

a So in Statutes.

any other manner make, announce or record any false or untrue test of either butter or cream, or to use any false measure, scale, instrument or appliance in the testing of either milk or cream, with the effect of announcing, making or recording any false result of any test; or to employ any contrivance, instrument or method for testing the milk or cream with the effect of falsely determining the butter fat content of any milk or cream so tested.

Wherever the same is not sold under an actual test as in this act provided, the following minimum standards for milk and cream are hereby established: Milk shall contain not less than three per centum of butter fat and cream shall contain not less than eighteen per centum of butter fat, and it is hereby made unlawful for any person or persons to sell or offer for sale in this state except under such test, any milk or cream falling below said minimum standard therefor.

In no event shall milk or cream be sold or offered for sale when produced within fifteen days before or five days after calving.

SEC. 21. Testing milk and cream; butter fat. In testing milk or cream for commercial purposes under the provisions of this act the same shall be done in accordance with the rules and regulations therefor prescribed by said commission.

It is hereby made the duty of said inspector to supply to each inspector and tester under this act at the time of issuing to him a license or permit, a copy of all rules and regulations formulated by it, relating to the dairy industry and then in force.

All cream sold in the State of Nebraska for the purpose of butter making shall be tested for butter fat by the following prescribed method. The Babcock test shall be employed, using a weighed sample of eighteen grams, (18 gms.) weighed on a delicate balance and tested in a nine inch bottle, graduated to at lease five-tenths per cent, (.5 per cent) of the column of fat read between the temperature of 130 degrees and 140 degrees Fahrenheit.

It is unlawful for any owner or employee of any creamery or cheese factory to improperly manipulate or under-read the Babcock test.

Approved April 5, 1907. Laws of 1907, ch. 63, pp. 251-255.

NEVADA.

WATER.

SEC. 1. Penalty for polluting water supply; provisos. Any person or persons, firm, company, corporation or association in this State, or the managing agent of any person or persons, firm, company, corporation, or association in this State, or any duly elected, appointed or lawfully created State officer of this State, or any duly elected, appointed or lawfully created officer of any county, city, town, municipality, or municipal government in this State, who shall deposit, or who shall permit or allow any person or persons in their employ or under their control, management or direction to deposit in any of the waters of the lakes, rivers, streams and ditches in this State any sawdust, rubbish, filth, or poisonous, or deleterious substance or substances, liable to affect the health of persons, fish, or live stock, or place or deposit any such deleterious substance or substances in any place where the same may be washed or infiltered into any of the waters herein named, shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be fined in any sum not less than fifty dollars nor more than five hundred dollars, exclusive of court costs; provided, that in cases of State institutions, municipalities, towns, incorporated towns or cities, when, owing to the magnitude of the work, immediate correction of the evil is impracticable, then in such cases the authorities shall adopt all new work, and as rapidly as possible reconstruct the old systems of drainage sewerage so as to conform with the provisions of this Act; and provided further, that all such new and reconstructed systems shall be completed before March 20, 1911; provided, that nothing in this Act shall be so construed as to permit mining or milling companies to dump tailings directly into any stream in this State so as to prevent or impede the natural flow of such stream. Nothing in this Act shall be so construed as to apply to any quartz mill or ore reduction works in this State.-As amended March 12, 1907; Statutes of 1907, ch. 57, pp. 104-105. See Bul. 69, Rev., Pt. IV, p. 360. Approved March 20, 1903. Statutes of 1903, ch. 122, pp. 214–215.

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