SEC. 1. Preservatives, coloring matter; "person defined. It shall be unlawful for any person to produce, manufacture or prepare for sale, or to sell, or to offer for sale, or have on hand for sale, any milk or product of milk to which has been added, or that may contain, any compound of boron, salicylic acid, formaldehyde or other chemical or substance for the purpose of preventing or delaying fermentation. It shall be unlawful for any person to produce, manufacture or prepare for sale, or to sell, or to offer for sale, or have on hand for sale, any milk, cream or condensed milk to which any coloring matter has been added by any person or to which any gelatin or other substance has been added by any person to increase the consistency of such milk, cream or condensed milk, so as to make such milk, cream or condensed milk appear richer or to a better quality; provided, that this section shall not be construed to prohibit the use of harmless coloring matter and common salt (chlorid of sodium) in butter and cheese. The word "person" as used in this act shall be construed to import both the singular and plural, as the case demands, and shall include individuals, corporations, companies, societies and associations. When construing and enforcing the provisions of this act, the act, omission or failure of any employé, officer, agent or other person, acting for or employed by any individual, corporation, company, society or association, within the scope of his employment or office, shall in every case also be deemed to be the act, omission or failure of such individual, corporation, company, society or association, as well as that of the person. The provisions of this act shall be construed to apply to hotel keepers, restaurant keepers and boarding-house keepers, or to any other person who shall serve meals and accept money therefor.

SEC. 2. Enforcement. It shall be the duty of the state dairy bureau, now existing under the laws of this state, to enforce the provisions of this act; provided, that nothing in this act shall be construed to prevent any city or county board of health or other city or county official from enforcing the provisions of this act. SEC. 3. Penalty; disposition of fines. Any person who shall violate any of the provisions of this act shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00) or by imprisonment in the county jail for not less than ten days nor more than sixty days; provided, that no conviction shall be had when a conviction is sought upon any alleged sample of milk, or product of milk, unless such sample has been taken in duplicate, sealed, and marked for identification, and one of such samples left with the person accused. All fines collected under this act shall be paid to the state dairy bureau when the complaint is made through the state dairy bureau and the state dairy bureau shall pay the same to the state treasurer and the amount paid by the state dairy bureau to the state treasurer is hereby appropriated to the use of the state dairy bureau for the fiscal year in which the amount is paid to the state treasurer.

SEC. 4. Hindrance of inspectors. It shall be unlawful for any person to prevent or interfere with the duly authorized inspectors or agents of the state dairy bureau, or any city or county board of health, from entering any place or premises where milk or products of milk are produced or manufactured, or prepared, or to prevent or interfere with such inspectors or agents, in the event they deem it advisable to secure samples of milk or milk products from any person producing or selling milk or products of milk for the purpose of analyzing the same to ascertain whether this act is being violated.

a So in Statutes.

SEC. 5. Prosecutions. It shall be the duty of the district attorney, upon application by the state dairy bureau or by any city or county board of health to attend to the prosecution, in the name of the people, of any complaint entered for the violation of any of the provisions of this act within his district.

SEC. 6. Repeal. All acts, or parts of acts, inconsistent with this act are hereby repealed.

SEC. 7. Effect. This act shall take effect and be in force sixty days after its passage.

Approved March 23, 1907. Statutes and Amendments to the Codes 1907, ch. 520, pp. 971-972.

WINE.

SEC. 1. Pure California wine; labels. A uniform wine nomenclature is hereby adopted for pure wines manufactured in this state from the juice of the grape. Such wine nomenclature shall consist in the use of the prefix "Cal” or “Cala to the name of any kind, type, name or abbreviation of name of wine, as for example: "Calclaret," "Calburgundy," "Calariesling," etc., in stamping or labeling such wines.

SEC. 2. Misbranding. And it shall be unlawful for any person, firm or corporation, in this state, to use such prefix in connection with wine nomenclature upon any imprint, label, trademark, tag, stamp, stencil, paper, or brand, or other inscription or device, placed or impressed upon any vessel, bottles, cask, barrel, case, or package, containing any liquid substance other than pure wine of California manufacture, made from the juice of the grape; or to use in marking, branding, stamping, stenciling, tagging, or labeling any vessel, bottle, cask, barrel, case, or package containing any liquid other than pure wine of California manufacture, made from the juice of the grape, any imitation or counterfeit of such nomenclature, or any paper or brand in the similitude or resemblance thereof, or any paper or brand of such form and appearance as to be calculated to mislead.or deceive any unwary person or cause him to suppose the contents thereof to be pure wine of California manufacture, origin or production, made from the juice of the grape.

SEC. 3. Labeling. And it shall be unlawful for any person, firm, or corporation, in this state, to sell or offer for sale, or have in his or its possession, for sale, any liquid substance marked, branded or labeled by the use of such wine nomenclature aforesaid, or by the use of any mark, or brand, or stencil in semblance thereof, unless the same be pure wine of California manufacture, made from the juice of the grape.

SEC. 4. Pure wine. For the purposes of this act, pure wine shall be such as is defined to be pure wine under the provisions of the laws of the United States relating to the fortification of pure sweet wines, and of the food and drugs act, adopted by the congress of the United States, and approved June 30th, 1906, and under laws of the State of California now or hereafter adopted. SEC. 5. Penalty. Whoever violates any of the provisions or sections of this act shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not less than one hundred dollars ($100.), nor more than one thousand dollars ($1000.), or by imprisonment in the county jail for not less than thirty days, nor more than six months, or by both such fine and imprisonment, in the discretion of the court.

SEC. 6. Effect. This act shall take effect sixty days after its passage. Approved March 6, 1907. Statutes and Amendments to the Codes 1907, ch. 104, pp. 127-128.

COLORADO.a

GENERAL FOOD LAWS.

SEC. 1. Misbranding;, penalty; exemption. It shall be unlawful for any person to manufacture, or sell, or expose for sale, or deliver or give away, or ship, or offer for shipment, within this State, any article of food, or drug, which is adulterated, or misbranded, within the meaning of this act, except as such article may be in the original package and the subject of interstate commerce under the federal jurisdiction; and any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and for each offense, shall, upon conviction thereof, be punished by a fine of not exceeding five hundred dollars, or by imprisonment of not exceeding one year, or by both such fine and imprisonment, in the discretion of the court, and for each subsequent offense and conviction thereof shall be punished by a fine of not less than one thousand dollars, or by imprisonment for one year, or by both such fine and imprisonment, in the discretion of the court. But no article shall be deemed misbranded or adulterated within the provisions of this act when intended for export to any foreign country and prepared, or packed, according to the specifications or directions, of the foreign purchaser, when no substance is used in the preparation, or packing, thereof in conflict with the laws of such foreign country to which said article is intended to be shipped; but if said article shall be in fact sold, or exposed for sale, or delivered, or given away, or shipped or offered for shipment, for use or consumption within this State, then this provision shall not exempt said article from the operation of any of the provisions of this act.

SEC. 2. State Board of Health to make rules and regulations. The State Board of Health shall make uniform rules and regulations for carrying out the provisions of this act, including the collection and examination of specimens of all foods and drugs manufactured, or sold, or exposed for sale, or delivered, or given away, or shipped, or offered for shipment, within this State, or which may be submitted for examination by any health officer of any town, city, or county, in this State. But, such rules and regulations shall not be more stringent than, nor conflict with, the rules and regulations adopted, or which may hereafter be adopted, for the enforcement of the food and drugs act of the United States, approved June 30, 1906, regulating the misbranding, or adulteration, of drug or food products for interstate commerce.

SEC. 3. Examination of samples. The examinations of specimens of foods and drugs shall be made by, or under the direction and supervision of, the State Board of Health for the purpose of determining from such examinations whether such articles are adulterated, or misbranded, within the meaning of this act; and if it shall appear from any such examination that any of such specimens is adulterated, or misbranded, within the meaning of this act, the State Board of Health shall cause notice thereof to be given to the person from

a Rules, regulations, standards, and decisions, same as Federal, as far as applicable under the State law.

whom such sample was obtained. Any person so notified shall be given an opportunity to be heard, under such rules and regulations as shall be prescribed as aforesaid, and if it shall appear that any of the provisions of this act have been violated by such person, then the State Board of Health shall at once certify the facts to the proper district attorney, with a copy of the results of the analysis, or other examination, of such article, duly authenticated by the analyst, or officer, making such examination, under the oath of such analyst or officer. After judgment of the court, notice shall be given by publication in such manner as may be prescribed by the rules and regulations aforesaid.

SEC. 4. Prosecutions. It shall be the duty of each district attorney to whom the State Board of Health shall report any violation of this act, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of this State, without delay, for the enforcement of the penalties as in such case herein provided.

SEC. 6. Adulteration defined. For the purpose of this act an article shall be deemed to be adulterated:

In case of confectionery:

If it contains terra alba, barytes, talc, chrome yellow, or any mineral substance used for the purpose of adulteration, or poisonous color, or flavor, or other ingredient deleterious to health, or any vinous, malt or spirituous liquor, or compound, or narcotic drug.

In case of food:

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 a manner whereby damage or inferiority is concealed.

Fifth. If it contain formaldehyde or other harmful preservative or any added poisonous, or other added deleterious ingredient which may render such article injurious to health. But 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 mechanically, or by maceration in water, or otherwise, and directions for the removal of said preservative are printed on the covering, or the package, the provisions of this act shall be construed as applying only when said products are ready for consumption.

Sixth. If it consist 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. 7. "Misbranded" defined. The term "misbranded," as used herein, shall apply to all drugs or articles of food, or articles which enter into the composition of food, the package, or label, of which shall bear any statement, word, 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 which is falsely branded as to the state, territory, city, town, place, or country in which it is manufactured, produced, or found. For the purposes of this act an article shall also be deemed to be misbranded: In case of food:

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

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, or of the box, bottle, can, or other container, sold, or exposed for sale, or delivered, or given away, or shipped or offered for shipment, shall have been removed in whole or in part and other contents shall have been placed in such package, or in such box, bottle, can, or other container, or it shall fail to bear a statement on its label of the quantity, or the proportion of any morphine, opium, cocaine, heroen,a alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, acetanilide, or any harmful, coal tar derivative, or preparation or any such substances contained therein. Third. If in package form and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package.

Fourth. If the package containing it, or the box, bottle, can, or other container, or its label, shall bear any statement, word, design, or device regarding the ingredients or the substances contained therein, which statement, word, design, or device shall be false or misleading in any particular. But an article of food which does not contain any added poisonous ingredients, or ingredients deleterious to health, shall not be deemed to be adulterated, or misbranded, in the following cases:

First. In the case of mixtures, or compounds, which may be now, or from time to time hereafter, known as articles of food under their own distinctive names, and not an imitation of, or offered for sale under, the distinctive name 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.

Second. In the case of articles labeled, branded, or tagged, so as plainly to indicate that they are compounds, imitations or blends, and the word compound," "imitation," or "blend," as the case may be, is plainly stated on the package, box, bottle, can, or other container, in which it is offered for sale. But 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 the purpose of coloring and flavoring only; and nothing in this act shall be construed as requiring or compelling proprietors, or manufacturers, or [of] proprietary foods, which contain no unwholesome added 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.

SEC. S. Protection by guaranty. No dealer shall be prosecuted under the provisions of this act when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other person residing in this State, from whom he purchased any article in question, to the effect that the same is not adulterated or misbranded. Such guaranty, to afford protection, shall contain the name and address of the person making the sale of such article to such dealer, and in such case said person 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. 9. Confiscation for destruction or sale of adulterated or misbranded articles. Any article of food, drug, or liquor, that is adulterated, or misbranded, within the meaning of this act, that is manufactured, or sold, or exposed for sale, or delivered, or given away, or shipped, or offered for shipment, within this State, together with its box, bottle, can, or other container, except as such article may be in the original package and the subject of interstate commerce,

a So in Statutes.