beyond the limits of this State, and if found infected with any pests, diseases or fungous growth injurious to fruits, plants, trees, vegetables, or vines, or with their eggs or larvæ liable to spread to other places or localities, or of such nature as to be a public danger, they shall notify the owner or owners or persons in charge of or in possession of such articles, things or places, that the same are so infested, or in case such fruit trees or nursery stock, although apparently sound and not infested by any pest, shall have been from an infested district beyond the limits of this State, they shall also so notify the owner or owners or persons in charge of or in possession of the same, and shall require said persons to eradicate or destroy said insects or pests or their eggs or larvæ, or such imported fruit trees or nursery stock of infested districts without the limits of the State, or to treat such contagious diseases within a certain time to be specified in said notice. Said notice may be served upon the person or persons, or any of them, owning, having charge, or having possession of such infested place, article, or thing, by any member of the board or by the secretary thereof, or by any person deputed by said board for that purpose, or they may be served in the same manner as a summons in an action at law. Such notice shall contain directions for the application of some treatment approved by the commissioners for the eradiction or destruction of said pests, or the eggs or larvæ thereof, or the treatment of contagious diseases or fungous growths. Any and all such places, orchards, nurseries, trees, plants, shrubs, vegetables, vines, fruit, or articles thus infested are hereby declared to be a public nuisance; and whenever any such nuisance shall exist at any place in the State on the property of any owner or owners upon whom or upon the person in charge or possession of whose property notice has been served as aforesaid, and who shall have failed or refused to abate the same within the time specified in such notice, or in the property of any nonresident or any property not in the possession of any person and the owner or owners of which can not be found by the resident members of the board or the secretary or county inspector after diligent search within the district, it shall be the duty of the board or the member thereof in whose district the nuisance shall exist, or the secretary or county inspector under his or their directions, to cause such nuisance to be at once abated by eradicating or destroying said insects or pests or their eggs or larvæ, or by treating or disinfecting or destroying the infested or diseased articles, or imported fruit trees or nursery stock imported from an infested district without the limits of this State. The expense thereof shall be a county charge and the county court shall allow and pay the same out of the general fund of the county. Any and all sums so paid shall be and become a lien on the property and premises from which said nuisance shall have been removed or abated, in pursuance of this act, and may be recovered by a suit in equity against such property or premises, which suit to foreclose such liens shall be brought in the circuit court of the county where the premises are situate, by the district attorney in the name and for the benefit of the county making such payment or payments. The proceedings in such cases shall be governed by the same rules, as far as may be applicable, as suits to foreclose mechanics' liens, and the property shall be sold under the order of the court and the proceeds applied in like manner. The board is hereby invested with the power to cause such nuisances to be abated in a summary manner.-As amended February 19, 1907; General Laws 1907, ch. 58, pp. 110-111.

Bellinger and Cotton's Annotated Codes and Statutes 1902, vol. 2.

TOMATO CATSUP.

See General Food Laws, page 40.

33163-Bull. 112, pt 2-08- 4

PENNSYLVANIA.

GENERAL FOOD LAWS.

SEC. 1. Adulteration and misbranding. It shall be unlawful for any person, within this State, to manufacture, sell, offer for sale, or have in possession with intent to sell, any article of food which is adulterated or misbranded within the meaning of this act.

SEC. 2. Enforcement of this act; penalty for violation. The Dairy and Food Commissioner of the State shall be charged with the enforcement of the provisions of this act, and for the purposes of its enforcement shall be empowered to employ such assistants, agents, chemists, attorneys, clerks, and experts as he may deem necessary. The examinations of the articles purchased or procured shall be made by the chemists appointed by the said Dairy and Food Commissioner, 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 samples is adulterated or misbranded within the meaning of this act, the Dairy and Food Commissioner shall cause notice thereof to be given to the person from whom such sample was obtained, and, in case such person shall produce a guarantee in writing, then notice shall be given to the guarantor. If it appear that any of the provisions of this act have been violated by such person, then the Dairy and Food Commissioner shall begin an action against the said person for the enforcement of the penalty or penalties prescribed by this act.

SEC. 3. Rules and regulations. The Dairy and Food Commissioner shall make uniform rules and regulations, under and subject to which the provisions of this act shall be enforced, and such rules and regulations shall, where practicable, conform to and be the same as the rules and regulations adopted, from time to time, for the enforcement of the act of Congress, approved June thirtieth, one thousand nine hundred and six, and known as "The Food and Drugs Act." Such rules and regulations to be published from time to time in bulletins to be issued by the Department.

SEC. 4. "Food" and " person" defined. The term "food," as used herein, shall include all articles used for food, confectionery, or condiment by man, whether simple, mixed, or compound, and all substances or ingredients intended for use in food, confectionery, or condiments, as above defined, except as hereinafter excepted.

The term "person," as used in this act, shall include individuals, firms, copartnerships, unincorporated associations, and bodies corporate, as well as all officers, agents, employes, or others acting for any of the same, and shall be taken as applying in the singular or plural, as the case may require.

SEC. 5. Definition of adulteration. That for the purpose of this act, an article shall be deemed to be adulterated

In the case of food:

First. If any substance has been mixed and 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 contains any added substance or ingredient which is poisonous or injurious to health: Provided, however, That no action shall be brought or sustained for violation of the provisions of this section when the article alleged to be adulterated is not adulterated within the meaning of the provisions of the Food and Drugs Act" of June thirtieth, one thousand nine hundred and six, enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, and the rules and regulations promulgated, from time to time, for the enforcement of the same: And provided, further, 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 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.

Sixth. If it consists in whole or in part of a filthy, decomposed, or putrid animal, fish, or vegetable substance, or any portion of an animal or fish, unfit for food, whether manufactured or not; or if it be the product of a diseased animal or fish, or an animal that has died otherwise than by slaughter. In the case of confectionery:

First. If it contain terra alba, barytes, talc, chrome yellow, 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: Provided That this paragraph shall not be construed to prohibit the use of harmless colors, of any kind, when used for coloring and not for fraudulent purposes.

SEC. 6. Misbranded defined. The term "misbranded," as used herein, shall apply to all 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 product which is falsely branded as to the State, territory, 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:

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

Second. If it is 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.

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 its label, 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.

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:

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 same 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 to plainly 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 in which it is offered for sale: 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 the purpose of coloring and flavoring only: And provided further, That nothing in this act shall be construed as requiring or compelling proprietors or manufacturers of proprie tary goods, which contain no unwholesome added ingredients, to disclose their trade formulae, except in so far as the provisions of this act may require to secure freedom from adulteration or misbranding.

SEC. 7. Disposal of samples; expenses; time of action for violation. Whenever the Dairy and Food Commissioner or his agents shall obtain an article for the purpose of determining whether or not the same is adulterated or misbranded within the meaning of this act, two like samples shall be obtained where the article is in the original package, or, if not in the original package, then two portions shall be obtained and each of the portions sealed. One of the said samples shall be delivered to the Dairy and Food Commissioner and by him preserved in the condition in which it was obtained, and under the seal placed thereon by the agent procuring the same, and shall remain in the custody and possession of the Dairy and Food Commissioner until such time as it shall be determined whether or not any action shall be brought against the person from whom the article was obtained, for violation of the provisions of this act. If an action shall be brought against the party from whom the article was obtained, for violation of the provisions of this act, it shall be lawful for the person from whom the said sample was obtained to make application to the magistrate or court, in which the said action is pending, for an order requiring the delivery of the portion of said sample in the custody of the Dairy and Food Commissioner to a chemist, to be designated by said magistrate or court, for the purpose of analysis; and at the time the analysis is being made by the chemist, so appointed, the person from whom the sample was obtained shall have the privilege of having present a second chemist: Provided, however, That this section relating to the purchase of duplicate samples for anaylsis shall not apply to perishable articles, such as milk, cream, or ice cream: said samples shall be delivered to the chemist in the same condition as when obtained.

All expenses incurred in the analysis of samples made by the chemist, so designated or appointed, shall be assessed by the magistrate or court, and paid by the party requesting the same, as part of the costs of said action.

No action shall be instituted against any person for violation of the provisions of this act, unless the same shall have been commenced within four months from the date of the taking of the sample, nor until all the provisions of this act shall have been complied with.

SEC. 8. Guaranty exempts dealer; information on guaranty; action against guarantor; punitive damages; foreign guaranty; proviso. No prosecution shall

be sustained under the provisions of this act, for the selling or offering for sale, or having in possession with intent to sell, any article or goods, as defined herein, when the same is found to be adulterated or misbranded within the meaning of this act, when the accused can establish a guaranty, signed by the person residing in the United States from whom such article was purchased, to the effect that the same is not adulterated or misbranded within the meaning of this act, designating it, or within the meaning of the "Food and Drugs Act," June thirtieth, one thousand nine hundred and six, enacted by the Senate and House of Representatives of the United States of America, in Congress assembled: Provided, however, That if the article in question is in a broken or open package, said guaranty shall not afford immunity from prosecution, unless such person shall furnish satisfactory proof that the article has not been changed in quality. The affidavit of such person shall be accepted as such proof, and the person making such affidavit falsely shall be guilty of perjury, and punished accordingly: And provided, moreover, That every person giving a guaranty under the provisions of this act shall be held responsible for the adulteration or misbranding of any article or goods sold under said guaranty, and shall be subject to the penalties for the violation of the provisions of this act.

Said guaranty to afford protection shall contain the name and address of the person making the sale of such articles to such dealer, and, in such case, the said person shall be amenable to the prosecution, fines, and other penalties which would attach, in due course, to the dealer, under the provisions of this act, when said articles are found to be adulterated or misbranded: Provided, That no such guaranty shall operate as a defense to prosecution for the violation of this act, if the dealer shall continue to sell after written notice by the Dairy and Food Commissioner that such article is adulterated or misbranded within the meaning of this act.

Any person who shall have been adjudged to have violated any of the provisions of this act, by reason of the purchase or sale of an article adulterated or misbranded within the meaning of this act, and who shall have purchased the article, so found to be adulterated or misbranded within the meaning of this act, under a guaranty from the vendor thereof, to the effect that the same is not adulterated or misbranded within the meaning of this act, or the act of Congress passed June thirty, nineteen hundred and six, shall have a right of action against the guarantor for the recovery of such damages as shall have been sustained by reason of such adulteration or misbranding; and such person shall, in addition thereto, be entitled to recover punitive damages; and such person shall further have the right to set off any sum or sums of money which shall have been incurred and paid in the defense of any action, which shall have been instituted against said person for the violation of any of the provisions of this act, against any claim or right of action which the guarantor may have, arising out of the sale of the article or articles in question, or otherwise, and which shall include all expenses and reasonable attorney's fees.

When the examination or analysis, herein provided for, shows that any of the provisions of this act have been violated, and the person relieved from prosecution under this section, by the production of a guaranty signed by such person residing outside of this State, then the Dairy and Food Commissioner shall report such fact to the Secretary of Agriculture of the United States, or the proper officers appointed for the enforcement of the act of Congress approved June thirtieth, one thousand nine hundred and six, known as "The Food and Drugs Act."