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Section 102 provides that:
Such inspector as has been appointed by the board of health shall be present at all licensed slaughter houses or establishments upon the days designated for slaughter by the licensee, as provided in the preceding section, and there carefully examine the carcasses of all animals at the time of slaughter. Such inspection shall be made in such manner and under such rules and regulations as the board of cattle commissioners may determine and direct. If, in the opinion of an inspector, any carcass, or any meat or product thereof is diseased, corrupted, unwholesome or unfit for food, he shall seize it and cause it to be destroyed, as provided in section seventy of chapter fifty-six.
Section 103 provides that in a slaughtering establishment wherein inspection and branding is not carried on under the rules and regulations for the inspection of live stock and other products, established by the United States department of agriculture, the carcasses of animals slaughtered shall at the time of slaughter, if not condemned, be stamped or branded by the inspector thereof in like manner as those inspected by the United States Bureau of Animal Industry for interstate trade.
By section 104 a penalty is provided for the sale of unstamped carcasses, which shall be deemed unfit for food. See St. 1903, c. 220; St. 1908, c. 329.
R. L., c. 90 (originally St. 1894, c. 491), dealt with the contagious diseases of domestic animals, and in general authorized the Board of Cattle Commissioners, established by its provisions, from time to time to make orders and regulations relative to the prevention, suppression and extirpation of contagious diseases of domestic animals, and relative to the inspection, examination, quarantine, care and treatment or destruction of such animals which are affected with, or have been exposed to, such diseases. Section 7 is as follows:
The board may make regulations for the inspection of meat, which shall conform to the regulations of the United States bureau of animal industry for the inspection of meat for export and for interstate commerce.
By St. 1902, c. 116, the Board of Cattle Commissioners was abolished, and a Bureau of the State Board of Agriculture, to
be known as the Cattle Bureau, was created. In section 3 it was provided that the Governor should annually appoint a Chief of the Cattle Bureau, who should have the powers and perform the duties heretofore imposed and conferred upon the Board of Cattle Commissioners, with the additional proviso that no orders or regulations made by him under authority of sections 4 and 7 of chapter 90 of the Revised Laws should take effect until approved by the Governor and Council.
R. L., c. 90, § 12, provided for the appointment in cities, except Boston, and in all towns, of one or more inspectors of animals. By section 13 authority was conferred upon the Cattle Commissioners, whose powers are now vested in the Chief of the Cattle Bureau, to appoint such inspector or inspectors in any city or town which failed to comply with the provisions of section 12, above cited. Sections 14 and 15 deal with the duties of such inspectors. Section 16 is as follows:
An inspector shall comply with and enforce all orders and regulations which may be directed to him by the board of cattle commissioners or by any of its members. If he refuses or neglects so to do, he shall be punished by a fine of not more than five hundred dollars.
The effect of the statutes above cited is to provide that the inspection of slaughter houses, and of the carcasses of cattle slaughtered therein and the products derived therefrom, so far as such inspection relates to food products, is within the jurisdiction of the local boards of health. See R. L., c. 75, §§ 100108; c. 56, §§ 70-76. It is also apparent from such statutes that the Cattle Bureau of the State Board of Agriculture is vested with authority to examine and inspect living animals and the carcasses of animals which may be killed as a result of such inspection, in order to ascertain whether or not such animals were affected with any contagious or infectious disease. See R. L., c. 90, §§ 12-34. It is to be observed, however, that the inspection conducted by the Cattle Bureau does not include an investigation of the food products derived from cattle, such inspection being within the jurisdiction of local boards of health, but is limited to an inspection of living cattle and a post
mortem examination of cattle which have been killed for the reason that they appeared to be affected with some contagious disease enumerated in R. L., c. 90, § 28.
The inspection of meat within this Commonwealth is guided by certain rules and regulations prepared by the Chief of the Cattle Bureau and submitted for approval to the Governor and Council, under authority of R. L., c. 90, § 7, as amended by St. 1902, c. 116, § 3, which rules and regulations, in accordance with the direction contained in that section, are in conformity with the regulations established by the United States Bureau of Animal Industry for the inspection of meat for export and for interstate commerce. The rules and regulations of the Federal Bureau, promulgated by authority of an act of Congress, approved June 30, 1906 (34 St. 674), provide in section 13, as follows:
PARAGRAPH 1. The following principles are declared for guidance in passing on carcasses affected with tuberculosis:
Principle A. The fundamental thought is that meat should not be used for food if it contains tubercle bacilli, if there is a reasonable possibility that it may contain tubercle bacilli, or if it is impregnated with toxic substances of tuberculosis or associated septic infections.
Principle B. On the other hand, if the lesions are localized and not numerous, if there is no evidence of distribution of tubercle bacilli through the blood, or by other means, to the muscles or to parts that may be eaten with the muscles, and if the animal is well nourished and in good condition, there is no proof, or even reason to suspect, that the flesh is unwhole
Principle D.-By localized tuberculosis is understood tuberculosis limited to a single or several parts or organs of the body without evidence of recent invasion of numerous bacilli into the systemic circulation. PARAGRAPH 2. The following rules shall govern the disposal of tuberculosis meat:
- The entire carcass shall be condemned
(a) When it was observed before the animal was killed that it was suffering with fever.
(b) When there is a tuberculous or other cachexia, as shown by anemia and emaciation.
(c) When the lesions of tuberculosis are generalized, as shown by their presence not only at the usual seats of primary infection, but also in parts
of the carcass or the organs that may be reached by the bacilli of tuberculosis only when they are carried in the systemic circulation. Tuberculosis lesions in any two of the following-mentioned organs are to be accepted as evidence of generalization when they occur in addition to local tuberculous lesions in the digestive or respiratory tracts, including the lymphatic glands connected therewith; spleen, kidney, uterus, udder, ovary, testicle, adrenal gland, brain, or spinal cord or their membranes. Numerous uniformly distributed tubercles throughout both lungs also afford evidence of generalization.
(d) When the lesions of tuberculosis are found in the muscles or intermuscular tissue or bones or joints, or in the body lymphatic glands as a result of draining the muscles, bones or joints.
(e) When the lesions are extensive in one or both body cavities.
(f) When the lesions are multiple, acute, and actively progressive. (Evidence of active progress consists in signs of acute inflammation about the lesions, or liquefaction necrosis, or the presence of young tubercles.) Rule B. An organ or a part of a carcass shall be condemned
(a) When it contains lesions of tuberculosis.
(b) When the lesion is immediately adjacent to the flesh, as in the case of tuberculosis of the parietal pleura or peritoneum, not only the membrane or part affected but also the adjacent thoracic or abdominal wall is to be condemned.
(c) When it has been contaminated by tuberculous material, through contact with the floor, a soiled knife, or otherwise.
(d) All heads showing lesions of tuberculosis shall be condemned.
(e) An organ shall be condemned when the corresponding lymphatic gland is tuberculous.
Rule C.-The carcass, if the tuberculous lesions are limited to a single or several parts or organs of the body (except as noted in Rule A), without evidence of recent invasion of tubercle bacilli into the systemic circulation, shall be passed after the parts containing the localized lesions are removed and condemned in accordance with Rule B.
Rule D.-Carcasses which reveal lesions more numerous than those described for carcasses to be passed (Rule C), but not so severe as the lesions described for carcasses to be condemned (Rule A), may be rendered into lard or tallow if the distribution of the lesions is such that all parts containing tuberculous lesions can be removed. Such carcasses shall be cooked by steam at a temperature not lower than 200 degrees Fahrenheit for not less than four hours.
Acting under authority of R. L., c. 90, § 7, the Chief of the Cattle Bureau established certain regulations, approved by the
Governor and Council in accordance with the terms of St. 1902, c. 116, § 3, and thereby having the force of law, which are in substantial accord with the rules and regulations of the Federal Bureau of Animal Industry.
It is clear, therefore, that the statutes and the rules and regulations of the Cattle Bureau, which conform to the regulations of the United States Bureau of Animal Industry, did permit cattle which were infected only to the extent of showing lesions which were localized and not numerous, where there was no evidence of the distribution of tubercle bacilli through the blood, or by other means, to the muscles or to parts that might be eaten with the muscles, to be killed if well nourished and in good condition, and the meat derived from the carcasses of such cattle to be sold as food, under proper inspection, within the Commonwealth, since under such conditions there is no proof, or even reason to suspect, that such meat is unwholesome; but such statutes and regulations did not permit the sale of any meat which was infected with tuberculosis.
Upon April 30, 1908, chapter 329 of the Acts of 1908 became a law. This act provided in section 1 as follows:
The sale, offer or exposure for sale, or delivery for use as food, of the carcass, or any part or product thereof, of any animal which has come to its death in any manner or by any means otherwise than by slaughter or killing while in a healthy condition, or which at the time of its death is unfit by reason of disease, exhaustion, abuse, neglect or otherwise for use as food, or of any calf weighing less than forty pounds when dressed, with head, feet, hide and entrails removed, is hereby declared to be unlawful and prohibited. Whoever sells or offers or exposes for sale or delivers or causes or authorizes to be sold, offered or exposed for sale or delivered for use as food any such carcass or any part or product thereof, shall be punished by fine of not more than two hundred dollars or by imprisonment for not more than six months.
Section 2 placed upon the State Board of Health and its inspectors, the State inspectors of health and all boards of health of cities and towns, and their inspectors, officers, agents and assistants, the duty of, and conferred upon them the necessary powers for, enforcing this statute.