SEC. 2. Repeal. That sections

MISSISSIPPI.

1766

of the Mississippi

Code of 1906 be, and the same are hereby, repealed.-Repealed February 19, 1908; Laws of 1908, ch. 115, p. 118. See Bul. 69, Rev., pt. 4, p. 326.

Annotated Code, 1892, ch. 37, p. 430, or Code of 1906, sec. 1766.

42

NEW JERSEY.

GENERAL FOOD LAWS.

SEC. 3. Adulteration defined. For the purposes of this act an article shall be deemed to be adulterated * *

In the case of confectionery:

It it contains 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.

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 a manner 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 mechanically, or by maceration in water, or otherwise, and directions for the removal of said preservative shall be 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 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.-As amended April 16, 1908, Acts of 1908, ch. 308, pp. 629–630. See Bul. 112, pt. 2, pp. 7-8.

SEC. 4. Misbranding 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, 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 or country in which it is manufactured or produced.

For the purposes 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 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 con

tents 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 morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral," hydrate, acetanilide, acetphenetidine, or phenacetin or antipyrin, or any derivative or preparation of 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 its label shall bear any statement, design or device regarding the ingredients or substances contained therein, which statement, design or device shall be false or misleading in any particular. As amended April 16, 1908; Acts of 1908, ch. 308, pp. 630-632. See Bul. 112, pt. 2, p. 8.

SEC. 46. Guarantee for protection of dealer. No dealer shall be prosecuted under the provisions of this act for distributing or selling, or having in his possession with intent to distribute or sell, any article of food or drug which under any of said provisions shall be deemed to be adulterated or misbranded; provided, that said article of food or drug is distributed or sold or had in possession with intent to distribute or sell in the original unbroken package in which it was received by said dealer, and that, in case said article was purchased by said dealer from a wholesaler, jobber, manufacturer, or other person residing in this State, and said dealer can establish a guarantee signed by such wholesaler, jobber, manufacturer or other person from whom he purchased such article, to the effect that the same is not adulterated or misbranded within the meaning of this act, designating it; or in case said article was purchased by said dealer from a wholesaler, jobber, manufacturer or other person residing in the United States of America, but outside of this State, and said dealer can establish a guarantee, signed by such wholesaler, jobber, manufacturer or other person from whom he purchased such article, to the effect that the same is not adulterated or misbranded within the meaning of an act of the Congress of the United States of America, entitled "An act for preventing the manufacture, sale or transportation of adulterated or misbranded, or poisonous or deleterious foods, drugs, medicines and liquors, and for regulating traffic therein, and for other purposes," approved June thirtieth, one thousand nine hundred and six, and the supplements and amendments thereof. 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, if he is a resident of this State, 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. If the guaranty is signed by a person who resides outside of this State, then the Board of Health of this State shall report the facts in the case to the Secretary of Agriculture of the United States, or the proper officer appointed for the enforcement of the above-mentioned act of Congress; and provided further, that no guarantee that any article is not adulterated or misbranded within the meaning of the above-mentioned act of Congress, shall be effective to exempt any dealer from prosecution under this act, unless the provisions of the abovementioned act of Congress and of this act covering the adulteration and misbranding of such guaranteed article are identical.

The provisions of this act relating to misbranding shall not apply to the distribution or sale or to the possession with intent to distribute or sell by any dealer of such proprietary foods and medicines as were in such dealer's stock in this State on October first, nineteen hundred and eight; provided, that the package or other container in which such foods or medicines shall be contained

"On

shall be plainly and conspicuously marked with the words and figures hand Oct. 1st, 1908."-As amended April 16, 1908; Acts of 1908, ch. 308, pp. 632-633. See Bul. 112, pt. 2, pp. 12–13.

Approved May 20, 1907. Acts of 1907, ch. 217, pp. 485–502.

SEC. 5. Exemptions for exports; preservatives. No article shall be deemed to be adulterated or misbranded within the meaning of this act when specially prepared for export to any foreign country, if such article shall be prepared and packed according to the directions of the foreign purchaser, and if no substance is used in the preparation or packing of such article which is prohibited by the laws of the foreign country for export to which said article was prepared; provided, that if such article shall be sold or offered for sale for use or consumption within the United States of America, then all the provisions of this act, with regard to adulteration and misbranding, shall apply thereto; and provided further, that all food products manufactured in this State during the years one thousand nine hundred and seven and one thousand nine hundred and eight, in which preservatives are used, which preservatives are not now specifically prohibited by the Department of Agriculture of the United States, shall be exempt from the provisions of this act; provided, the use of such preservatives is stated upon the label or in branding such products, and also the date of their manufacture.-As amended April 13, 1908; Acts of 1908, ch. 242, pp. 447-478. See Bul. 112, pt. 2, sec. 6 (5), p. 8.

Approved May 20, 1907. Laws of 1907, ch. 217, p. 488.

CONFECTIONERY.

See General Food Laws, page 43.

MILK.

SEC. 6. Standard; modified milk. No person shall distribute or sell, or have in his possession with intent to distribute or sell, any milk which contains less than twelve per centum of milk solids, or more than eighty-eight per cent. of watery fluids, or less than three per centum of milk fats; provided, however, that it shall not be unlawful for any person to distribute or sell, or have in his possession with intent to distribute or sell, in a container having a capacity of not more than twelve fluid ounces, milk especially prepared for infant or invalid feeding by adding thereto pure water, lime water, milk sugar, cereal starches, or other substances which shall not differ in purity, quality or strength from the standard fixed by this act, or by removing therefrom the sugar or any part thereof, if every such container have blown or moulded in it the words “modified milk" in letters which shall not be less than one-quarter inch in height and the several lines of which shall not be less than one-sixteenth of an inch in width; and, provided also, that the milk in such container, before modification, shall have been milk of the standard fixed by this act.-As amended April 14, 1908; Laws of 1908, ch. 260, p. 551. See Bul. 112, pt. 2, p. 15.

SEC. 8. Adulterated or unclean milk prohibited. No person shall distribute or sell or have in his possession with intent to distribute or sell any milk or cream which contains any water, drug, chemical, preservative, coloring matter, condensed milk, or any substance of any kind or character which has been added thereto or mixed therewith; provided, however, it shall not be unlawful for any person to distribute or sell or have in his possession with intent to distribute or sell, any milk or cream modified especially for infant or invalid feeding, by adding thereto or mixing therewith pure water, lime water, milk sugar, cereal starches

or other substances, as provided for in section six of this act, if such modified milk shall be in a container having a capacity of not more than twelve fluid ounces, which container shall be marked as provided for in section six of this act. No person shall distribute or sell, or have in his possession with intent to distribute or sell any milk or cream which is the product in whole or in any part of any animal kept in a crowded, uncleanly or unhealthy place or condition, or which is the product in whole or in part of any animal fed on swill, or any substance in a state of rottenness or putrefaction, or on any substance of an unwholesome nature, or on any food or substance which may produce diseased or unwholesome milk. No person shall distribute or sell, or have in his possession with intent to distribute or sell, any milk or cream which is produced in whole or in part from any animal within fifteen days before or five days after parturition.—As amended April 14, 1908; Laws of 1908, ch. 260, p. 552. See Bul. 112, pt. 2, p. 15.

Approved May 20, 1907. Acts of 1907, ch. 217, pp. 488-499.