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:

(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. An article shall be deemed to be misbranded within the meaning of this act :

(a) In the case of drugs :

(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 49

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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.

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 66 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

more than two hundred dollars; for a second offense, by a fine of not less than one hundred dollars nor more than three hundred dollars, or by imprisonment in the jail or workhouse for not less than thirty nor more than sixty days; and for a subsequent offense, by fine of fifty dollars, and by imprisonment in the jail or workhouse for not less than sixty nor more than ninety days.-As amended April 30, 1908; Laws of 1908 [Senate Bill No. 359], pp. 239-40. See Bul. 69, Rev., pt. 6, p. 472.

Passed April 10, 1889, 86 O. L., 229; Laning's Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 8, p. 1482.

SEC. 1. Refilling of milk containers. It shall be unlawful to fill or refill, with milk, cream or other milk product, any glass jar or bottle having the name of any person, firm or corporation blown therein, with intent to sell or vend such milk, cream or other milk product, provided, that the provisions of this section shall not extend to the person, firm or corporation whose name is blown in such glass jar or bottle, or a duly authorized agent or employe thereof.

SEC. 2. Sterilization of milk containers. It shall be unlawful to fill or refill, with milk, cream or other milk product, any glass jar or bottle with intent to sell or vend such milk, cream or other milk product, unless such glass jar or bottle be first thoroughly cleansed and sterilized.

SEC. 3. Penalty. Any person or persons guilty of violating the provisions of the preceding section of this act shall be fined not more than one hundred dollars.

Approved May 9, 1908. Laws of 1908 (House Bill No. 901), p. 454.

VINEGAR.

SEC. 1. Cider or apple vinegar defined. That no person shall manufacture for sale, offer, or expose for sale; sell or deliver, or have in his possession with intent to sell or deliver, any vinegar not in compliance with the provisions of this act. Any vinegar manufactured for sale, offered for sale, exposed for sale, sold or delivered, or in the possession of any person with intent to sell or deliver, under the name of cider vinegar, or apple vinegar, or any compounding of the word "cider" or "apple" as the name or part of the name of any vinegar, shall be the product made by the alcoholic and subsequent acetous fermentations of the juice of apples, shall contain no foreign substance, drugs or acids, is lævorotatory, and shall contain not less than four (4) grams of acetic acid, not less than 1.6 grams of apple solids, of which not more than fifty (50) per cent. are reducing sugars, and not less than twenty-five hundredths (0.25) grams of apple ash in one hundred cubic centimeters (at a temperature of twenty [20] degrees centigrade); and the water-soluble ash from one hundred (100) cubic centimeters (at a temperature of [20] degrees centigrade) of the vinegar shall contain not less than ten (10) milligrams of phosphoric acid (P:0;), and which shall require not less than thirty (30) cubic centimeters of decinormal acid to neutralize its alkalinity.

(2) Wine or grape vinegar defined. Any vinegar manufactured for sale, offered for sale, exposed for sale, sold or delivered or in the possession of any person with intent to sell or deliver, under the name of wine vinegar, or grape vinegar, shall be the product made by the alcoholic and subsequent acetous fermentations of the juice of grapes, and shall contain, in one hundred (100) cubic centimeters (at a temperature of twenty [20] degrees centigrade), not less than four (4) grams of acetic acid, not less than one (1.0) gram of grape solids, and not less than thirteen hundredths (0.13) grams of grape ash.

(3) Malt vinegar defined. Any vinegar manufactured for sale, offered for sale, exposed for sale, sold or delivered or in the possession of any person with intent to sell or deliver, under the name of malt vinegar shall be the product made by the alcoholic and subsequent acetous fermentations, without distillation, of an infusion of barley malt or cereals whose starch has been converted by malt, is dextrorotatory, and shall contain in one hundred (100) cubic centimeters (at a temperature of twenty [20] degrees centigrade), not less than four (4) grams of acetic acid, not less than two (2) grams of solids, and not less than two-tenths (0.2) grams of ash; and the water-soluble ash from one hundred (100) cubic centimeters (at a temperature of twenty [20] degrees centigrade), of the vinegar shall contain not less than nine (9) milligrams of phosphoric acid (P2O.) and which shall require not less than four (4) cubic centimeters of decinormal acid to neutralize its alkalinity.

(4) Distilled vinegar defined. Any vinegar manufactured for sale, offered for sale, exposed for sale, sold or delivered or in the possession of any person with intent to sell or deliver, under the name of distilled vinegar, shall be the product made wholly or in part by the acetous fermentation of dilute distilled alcohol, and shall contain in one hundred (100) cubic centimeters (at a temperature of twenty [20] degrees centigrade), not less than four (4) grams of acetic acid, and shall be free from coloring matter, added during, or after distillation, and from coloring other than that imparted to it by distillation.As amended February 28, 1908; Laws of 1908 [Amended House Bill No. 931], pp. 28-9. See Bul. 69, Rev., pt. 6, p. 488.

SEC. 2. Labeling of fermented and distilled vinegars; other fermented vinegars; requirements. All vinegar made by fermentation and oxidation without the intervention of distillation shall be branded "fermented vinegar," with the name of the fruit or substance from which the same is made. And all vinegar made wholly or in part from distilled liquor shall be branded distilled vinegar," and all such distilled vinegar shall be free from coloring matter added during or after distillation and from color other than that imparted to it by distillation. And all fermented vinegar not otherwise provided for in said section 1, and not being distilled vinegar as defined in said section 1, shall contain not less than two (2) per cent. by weight, upon full evaporation (at the temperature of boiling water) of solids, contained in the fruit or grain or substance from which said vinegar is fermented, and said vinegar shall contain not less than two-and-a-half-tenths of one per cent. ash or mineral matter, the same being the product of the material from which said vinegar is manufactured. And all vinegar shall be made wholly from the fruit or grain from which it purports to be or is represented to be made, and shall contain no foreign substance, and shall contain not less than four per cent., by weight of absolute acetic acid.-As amended February 28, 1908; Laws of 1908 [Amended House Bill No. 931], p. 29.

Laning's Revised Statutes and Recodified Laws, 1905, vol. 1, title 5, ch. 8, p. 1499.