Code of Ordinances of the City of New York

York, or upon the floor of any hall in any tenement house which is used in common by the tenants thereof, or upon the floor of any hall or office in any hotel or lodging house which is used in common by the guests thereof, or upon the floor of any theatre, store, factory, or of any building which is used in common by the public, or upon the floor of any ferryboat, railroad car or other public conveyance, or upon the floor of any ferry house, depot, or station, or upon the station platform or stairs of any elevated railroad or other common carrier, or into the street from the cars, stairs or platforms of the elevated railroads, is

hereby forbidden.

The corporations or persons owning or having the management or control of any such building, store, factory, ferryboat, railroad car or other public conveyance, ferry house, depot or. station, station platform or stairs of any elevated railroad or other common carrier, are hereby required to keep permanently posted in each of said places, a sufficient number of notices forbidding spitting upon the floors and calling attention to the provisions of this section.

It is hereby made the duty of every corporation or person engaged in the manufacture of cigars, cigarettes or tobacco, or conducting the business of printing in The City of New York, where ten or more persons are employed on the premises, to provide proper receptacles for expectoration. Such receptacles are to be in proportion of one for every two persons so employed, and they are to be cleansed and disinfected at least once in every twentyfour hours.

A copy of the preceding paragraph must be kept posted in a conspicuous place in every factory or printing office mentioned therein.

Passed by the Board of Health, April 11, 1906.
Filed with the City Clerk, April 13, 1906.

Resolved, That Section 75 of the Sanitary Code be and the same hereby is amended so as to read as follows:

§ 75. No cattle, sheep, swine or calves shall be driven in the streets or avenues of the Borough of Manhattan without a permit from the Department of Health, except in those cases where the said cattle, sheep, swine or calves shall be landed at the foot of the street leading to the slaughter-house to which they shall be destined, and where the streets shall be effectively barred or closed, so as to prevent the escape of such cattle, etc., during the transfer from the dock to the slaughter-house. No cattle, sheep, swine or calves shall be landed in the Borough of Manhattan except in accordance with the provisions and restrictions of this ordinance.

No cattle, calves, swine or sheep shall be driven in the Boroughs of The Bronx, Queens or Richmond, except in

such streets, avenues or roads as shall be set apart and designated by the Board of Health.

Passed by the Board of Health, April 25, 1906.
Filed with the City Clerk, April 27, 1906.

Resolved, That Section 70 of the Sanitary Code be and the same hereby is amended so as to read as follows:

§ 70. No cattle, sheep, swine, horse, goat, goose, mule, or any dangerous or offensive animal, shall be allowed by any owner, or by any person having charge of the same, to go at large in any street or public place in The City of New York.

No swine or cattle shall be unloaded from any car upon any street or public place in The City of New York except pursuant to a permit from the Board of Health.

On and after June 1, 1906, no cattle, calves, swine or sheep shall be driven upon any public street or avenue in the Borough of Brooklyn.

Passed by the Board of Health, April 25, 1906.
Filed with the City Clerk, April 27, 1906.

Resolved, That Section 70 of the Sanitary Code of this Department be and the same is hereby amended so as to read as follows:

§ 70. No cattle, swine or sheep shall be driven through any public street or avenue in the Borough of Brooklyn without a permit from the Board of Health in writing, and subject to the conditions thereof.

Passed by the Board of Health, June 13, 1906.
Filed with the City Clerk, June 19, 1906.

Resolved, That Sections 68 and 69 of the Sanitary Code be and the same are hereby amended so as to read as follows:

§ 68. No person shall have, sell or offer for sale in The City of New York, any food which is adulterated or misbranded. The term food as herein used shall include every article of food and every beverage used by man, and all confectionery.

Food as herein defined shall be deemed adulterated:

(a) If any substance or substances has or have been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength.

(b) If any inferior or cheaper substances have been substituted wholly or in part for the article.

(d) If it consists wholly or in part of diseased decomposed or putrid or rotten animal or vegetable substance, or any portion of any animal unfit for food, whether manufactured or not, or if it is a product of a diseased animal, or one that has died otherwise than by slaughter,

(e) If it be colored or coated or polished or powdered, whereby damage is concealed or it is made to appear better than it really is.

(f) If it contains any added poisonous ingredient, or any ingredient which may render such article injurious to health; or if it contains any antiseptic or preservative not evident and not known to the purchaser or consumer.

(g) If, in the case of confectionery, 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.

(h) If, in the case of spirituous, fermented and malt liquors, they contain any substance or ingredient not normal or healthful to exist in such liquors, or which may be deleterious or detrimental to health when such liquors are used as beverages.

Food shall be deemed misbranded:

(a) If it be an imitation or offered for sale under the distinctive name of another article.

(b) 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 contents shall have been placed in such package; or if it fails to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, chloroform, cannabis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances contained therein.

(c) 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.

(d) If the package 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 name 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, tagged, so as to plainly indicate that they are compounds, imitations, or blends, and the word " compound," "imita

tion," 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 herein used shall be construed to mean a mixture of like substances, not excluding harmless coloring and flavoring only; and provided further, That nothing in this section shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredient to disclose their trade formulas, except in so far as the provisions of this section may require to secure freedom from adulteration or misbranding.

§ 69. No person shall manufacture or produce or have, sell, or offer for sale in The City of New York any drug which is adulterated or misbranded. The term drug as herein used shall include all medicines for external or internal use, or both. Drugs as herein defined shall be deemed adulterated:

(a) If when sold by or under a name recognized in the United States pharmacopoeia or National formulary, it differs from the standard of strength, quality or purity as determined by the test laid down in the United States pharmacopoeia or National formulary official at the time of investigation; Provided, That no drug defined in the United States pharmacopoeia or National formulary shall be deemed to be adulterated under this provision if the standard of strength, quality, or purity be plainly stated upon the bottle, box, or other container thereof although the standard may differ from that determined by the test laid down in the United States pharmacopoeia or National formulary.

(b) If its strength or purity falls below the professed standard under which it is sold.

A drug shall be deemed misbranded:

(a) If it be an imitation or offered for sale under the distinctive name of another article.

(b) 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, or if the package fails to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, chloroform, cannabis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances contained therein.

Passed by the Board of Health, September 19, 1906.
Filed with the City Clerk, September 21, 1906.

INDEX.

The section references are to the official section numbers.

(M.) refers to Manhattan.

(B.) refers to Brooklyn.

Accidents. (See Barriers to Prevent.)
Advertising matter. (See Handbills.)
Advertising trucks, in Manhattan..

Advertisements, indecent pictures as, for-

bidden

where prohibited

Alarms of fire.

Aldermen, board of:

(See False Alarms of Fire.)