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DAIRY PRODUCTS.

See Appendix, Bulletin 112, Part II, page 148, for law regulating dairy products, approved July 18, 1907, and included in the compilation for the year ending June 30, 1907, for convenience.

FRUIT.

SEC. 185. Other than standard apples prohibited. No person shall buy for resale, sell, or expose or offer for sale as and for evaporated apples any evaporated apples intended to be used for food, or for consumption by any person other than standard evaporated apples.-As amended May 23, 1908; Laws of 1908, vol. 2, ch. 486, p. 1704. See Bul. 112, pt. 2, p. 21.

SEC. 186. Standard evaporated apples defined. Evaporated apples containing not more than twenty-seven per centum of water or fluids as determined by drying for four hours at the temperature of boiling water shall be considered standard evaporated apples for the purposes of this act.—As amended May 23, 1908; Laws of 1908, vol. 2, ch. 486, p. 1704. See Bul. 69, Rev., pt. 5, p. 428.

SEC. 187. Only New York fruit to be so labeled. No person or persons shall sell, offer or expose for sale apples, pears or peaches as and for New York state grown apples, pears or peaches if they were not grown or produced within the state of New York; nor shall they brand or label the package or barrel containing such apples, pears or peaches as New York state apples, pears or peaches if they were not grown or produced within the state of New York. Any person or persons packing or repacking or causing apples or pears to be packed or repacked to be sold upon the markets, shall pack or repack or cause them to be packed or repacked in such a manner that each separate package or barrel shall be packed substantially uniform without intent to deceive the purchaser. Any person, persons or corporation buying from a grower apples or pears which are packed in packages or barrels, marked or labeled with the name of the grower who causes such apples or pears to be repacked in the same packages or barrels or who uses the same packages or barrels for the packing of other fruit or apples or pears shall erase from such package or barrel the name of the grower or packer first or originally placed thereon. But the facing of such package or barrel is not prohibited by this act.-As amended May 23, 1908; Laws of 1908, vol. 2, ch. 486, pp. 1704-1705. See Bul. 112, pt. 2, p. 21.

SEC. 188. "Barrel" defined. The term "barrel" when used in transactions of purchase or sale of apples, pears or quinces shall represent a quantity equal to one hundred quarts of grain or dry measure and shall be of the following dimensions: head diameter, seventeen and one-eighth inches; length of stave, twenty-eight and one half inches; bulge, not less than sixty-four inches outside measurement. If the barrel shall be made straight, or without a bulge, it shall contain the same number of cubic inches as the barrel above described. Any person or persons making, manufacturing or causing to be made or manufactured barrels for use in the purchase or sale of apples, pears or quinces, or any person or persons packing apples, pears or quinces in barrels for sale or selling apples, pears or quinces in barrels containing a less quantity than the barrel herein specified shall brand said barrels upon each end and upon the outside, conspicuously, in letters one and one-half inches in length with the words, "short barrel."-As added May 23, 1908; Laws of 1908, vol. 2, ch. 486, p. 1705. See Bul. 69, Rev., pt. 5, p. 428.

Laws of 1893, ch. 338; Cumming and Gilbert's General Laws and other General Statutes, Supplement 1904, vol. 4, art. 13, p. 45.

NORTH CAROLINA.

GENERAL FOOD LAW.

SEC. 6. Colors and preservatives prohibited; benzoic and sulphurous acids excepted. For the purpose of this act an article of food shall be deemed adulterated

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If it contain any of the following substances, which are hereby declared deleterious and dangerous to health when added to human food, to-wit: Colors which contain antimony, arsenic, barium, lead, cadmium, chromium, copper, mercury, uranium or zine; or the following colors: gamboge, corallin, picric acid, aniline, or any of the coal-tar dyes; dulcin, gluein or any other artificially or synthetically prepared substitute for sugar except saccharine; paraffine, formaldehyde, beta-napthol, abrastol, benzoic acid or benzoates, salicylic acid or salicylates, boric acid or borates, sulphurous acid or sulphites, hydrofluoric or any fluorine compounds, sulphuric acid or potassium sulphate or wood alcohol; Provided, that catsups and condimental sauces may, when the fact is plainly and legibly stated in the English language on the wrapper and label of the package in which it is retailed, contain not to exceed two-tenths of one per cent. of benzoic acid or its equivalent in sodium benzoate. Fermented liquors may contain not to exceed two-tenths of one per cent. of combined sulphuric acid, and not to exceed eight-thousandths of one per cent. of sulphurous acid. As amended February 1, 1908; Public Laws Extra Session 1908, ch. 117, pp. 130-131. See Bul. 69, Rev., pt. 5, p. 437.

Approved April 13, 1899. Public Laws 1899, ch. 86, p. 216.

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OHIO.

GENERAL FOOD LAWS.

SEC. 1. Adulteration and misbranding prohibited.

That no person shall, within this state, manufacture for sale, offer for sale, sell, deliver or have in his possession with intent to sell or deliver any drug or article of food which is adulterated, within the meaning of this act; that no person shall, within this state, offer for sale, sell, deliver or have in his possession with intent to sell or deliver any drug or article of food which is misbranded, within the meaning of this act.-As amended May 1, 1908; Laws of 1908 (Senate Bill No. 414), p. 257. See Bul. 69, Rev., pt. 6, p. 459.

SEC.3. Adulteration defined. An article shall be deemed to be adulterated within the meaning of this act:

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(b) In the case of food, drink, flavoring extract, confectionery or condiment: (1) If any substance or substances have been mixed with it, so as to lower or depreciate or injuriously affect its quality, strength or purity; (2) if any inferior or cheaper substance or substances have been substituted wholly, or in part, for it; (3) if any valuable or necessary constituent or ingredient has been wholly, or in part, abstracted from it; (4) if it is an imitation of, or is sold under the name of another article; (5) if it consists wholly, or in part, of a diseased, decomposed, putrid, infected, tainted or rotten animal or vegetable substance or article, whether manufactured or not or, in the case of milk, if it is the produce of a diseased animal; (6) if it is colored, coated, polished or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is; (7) if it contains any added substance or ingredient which is poisonous or injurious to health; (8) if, when sold under or by a name recognized in the eight decennial revision of the United States pharmacopoeia, or the third edition of the National Formulary, it differs from the standard of strength, quality or purity laid down therein; (9) if, when sold under or by a name not recognized in the eighth decennial revision of the United States pharmacopoeia, or the third edition of the National Formulary, but is found in some other pharmacopoeia, or other standard work on materia medica, it differs materially from the standard of strength, quality or purity laid down in such work; (10) if the strength, quality or purity falls below the professed standard under which it is sold; (11) if it contains any methyl or wood alcohol.-As amended May 1, 1908; Laws of 1908 (Senate Bill No. 414), pp. 257-8. See Bul. 69, Rev., pt. 6, pp. 459–60. SEC. 3a. Misbranding defined. within the meaning of this act : (a) In the case of drugs:

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An article shall be deemed to be misbranded

(b) In the case of food, drink, flavoring extracts, confectionery or condiment; (1) If the package fails to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroine, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate or acetanilide, or any derivative or preparation of any such substances contained therein; (2) if it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when not so; (3) if in package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the 64289-Bull. 121-09- 4

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outside of the package; (4) in case of any flavoring extract, for which no standard exists, if the same is not labeled "artificial" or "imitation" and the formula printed in the same manner hereinafter provided for the labeling of 'compounds" or mixtures" and their formulae; (5) if the package containing it or any label thereon shall bear any statement, design or device regarding it or the ingredients or substances contained therein, which shall be false or misleading in any particular; Provided, that the provision of this act shall not apply to mixtures or compounds recognized as ordinary articles or ingredients of articles of food or drink, if each and every package sold or offered for sale be distinctly labeled in words of the English language as mixtures or compounds, with the name and percentage, in terms of 100 per cent., of each ingredient therein. The word " compound" or mixture" shall be printed in letters and figures not smaller in either height or width than one-half the largest letter upon any label on the package and the formula shall be printed in letters and not smaller in either height or width than one-fourth the largest upon any label on the package and such compound or mixture must not contain any ingredient that is poisonous or injurious to health.-Added May 1, 1908; Laws of 1908 (Senate Bill No. 414), pp. 258-9. See Bul. 69, Rev., pt. 6, p. 460.

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SEC. 5. Penalties. Whoever refuses to comply, upon demand, with the requirements of section 4, and whoever violates any of the provisions of this act, shall be fined not exceeding one hundred nor less than twenty-five dollars, for the first offense, and for each subsequent offense shall be fined not exceeding two hundred dollars nor less than one hundred dollars, or imprisoned. in the county jail not exceeding one hundred, nor less than thirty days, or both. And any person found guilty of manufacturing, offering for sale or selling an adulterated article of food or drug under the provisions of this act, shall be adjudged to pay in addition to the penalties hereinbefore provided for, all necessary costs and expenses incurred in inspecting and analyzing such adulterated articles of which said person may have been found guilty of manufacturing, selling or offering for sale.-As amended May 1, 1908. Laws of 1908 (Senate Bill No. 414), p. 259. See Bul. 69, Rev., pt. 6, p. 460.

Passed March 20, 1884. 81 O. L., 67; Laning's Revised Statutes and Recodified Laws, 1905, title 5, ch. 8, pp. 1477–78.

SEC. 3a. Hindering inspector; penalty. Any person or persons who refuse to allow said commissioner, or any assistant commissioner or any inspector, or any of his agents entrance to any creamery, factory, store, salesroom, drug store, laboratory, booth, vehicle, steam or electric cars, or place which he desires to enter in the discharge of his official duty; or in any manner interfere with said commissioner, or any assistant commissioner, or any inspector, or agent in the discharge of his official duty; or refuse to deliver to him a sample of any article of food, drug, or linseed oil made, sold, offered or exposed for sale by such person or persons, when the same is requested and when the value thereof is tendered, shall be fined not exceeding two hundred nor less than fifty dollars, for the first offense, and for each subsequent offense shall be fined not exceeding three hundred nor less than one hundred dollars, or imprisoned in the county jail not exceeding one hundred, nor less than thirty days, or both.-Added May 9, 1908; Laws of 1908 (Senate Bill No. 542), p. 386. See Bul. 69, Rev., pt. 6, p. 461.

Laning's Revised Statutes and Recodified Laws, 1905, vol. 1, title 3, ch. 22, pp. 193-94.

DAIRY PRODUCTS.

SEC. 1. Renovated butter must be so marked. No person, firm or corporation shall manufacture for sale, offer or expose for sale, sell, exchange or deliver, or have in his possession with the intent to sell, exchange or deliver, any butter that is produced by taking original packing stock butter or other butter, or both, melting the same so that the butter fat can be drawn off or extracted, mixing the said butter fat with skimmed milk, or milk or cream, or other milk product, and rechurning or reworking the said mixture; nor shall any person, firm or corporation manufacture for sale, offer or expose for sale, sell, exchange or deliver, or have in his possession for any such purpose any butter which has been subjected to any process by which it is melted, clarified or refined, and made to resemble butter, and is commonly known as boiled, or cold extracted process or renovated butter, and which for the purpose of this act is hereby designated as "renovated" or "process butter," unless the same shall be branded or marked as provided in section two of this act.

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SEC. 2. Style of label prescribed. Whoever, himself or by his agent, or as the servant or agent of another person shall sell, expose for sale or have in his custody or possession with intent to sell any "renovated" or "process butter," as defined in section one of this act, shall have the words "renovated butter or "process butter" conspicuously stamped, labeled or marked in one or two lines and in plain Gothic letters, at least three-eighths of an inch square, so that the words cannot be easily defaced, upon two sides of each and every tub, firkin, box or package containing said “renovated” or “process butter," or, if such butter is exposed for sale uncovered or not in a case or package, a placard containing said words in the same form as above described in this section shall be attached to the mass in such a manner as to be easily seen and read by the purchaser. When "renovated" or "process butter" is sold from such package or otherwise at retail, in print, roll or other form, before being delivered to the purchaser, it shall be wrapped in wrappers plainly stamped on the outside thereof with the words "renovated butter," or "process butter" printed or stamped thereon in one or two lines, and in plain Gothic letters at least threeeighths of an inch square, and such wrapper shall contain no other words or printing thereon and said words "renovated butter" or "process butter" so stamped or printed on the said wrapper shall not be in any manner concealed, but shall be in plain view of the purchaser at the time of the purchase.

SEC. 3. Penalty. Any one violating any of the provisions of this act shall for a first offense be punished by a fine of not less than fifty nor more than two hundred dollars; for a second offense by a fine of not less than one hundred nor more than three hundred dollars or by imprisonment in the county jail or workhouse for not less than thirty days nor more than sixty days, or both. SEC. 4. Effect. This act shall take effect sixty days after its passage. Approved April 30, 1908. Laws of 1908 [Senate Bill No. 478], pp. 243–4.

SEC. 1. Adulterated or watered milk; penalties. That whoever by himself or by his servant or agent, or as the servant or agent of any other person, sells, exchanges or delivers, or has in his custody or possession with intent to sell or exchange or exposes or offers for sale or exchange adulterated milk, or milk to which water or any foreign substance has been added, or milk from cows fed on wet distillery waste, or starch waste, or from cows kept in a dairy or place which has been declared to be in an unclean or unsanitary condition by certificate of any duly constituted board of health or duly qualified health officer, within the county in which said dairy is located, or from diseased or sick cows, shall for a first offense, be punished by a fine of not less than fifty nor

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