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and shall annually report thereon to the general court, with such recommendations for the protection of the interests of persons and property and for the prevention of offensive odors and objectionable conditions as it considers expedient.

District Health Officers-Annual Reports of Time for Making. (Ch. 151, Act Apr. 5, 1917.)

The district health officers, provided for by section 5 of chapter 792 of the acts of the year 1914, in succession to the State inspectors of health, established by the provisions of chapter 537 of the acts of the year 1907, shall hereafter report to the State department of health on or before the 1st day of December, instead of the 31st day of October, in each year.

Milk-Classification and Grading. (Ch. 256, Act May 14, 1917.)

SECTION 1. A grade of milk to be known as "Grade A, Massachusetts milk," is hereby established.

The said grade shall consist exclusively of milk produced within this commonwealth from healthy cows under cleanly and sanitary conditions, and shall be so cooled and cared for that in its raw state the bacteria count shall not average more than 100,000 per cubic centimeter, upon examination of five samples taken consecutively, each from a different lot of milk, on five separate days.

SEC. 2. "Grade A, Massachusetts milk" shall, when sold, kept or offered for sale or exchange, be designated and marked with a label, cap or tag, in plain, legible, boldfaced type, in the words following: "Grade A, Massachusetts milk." The percentage of milk fat may also be stated upon said label, cap or tag, but in no case shall the amount of fat be less than the Massachusetts legal standard.

SEC. 3. The board of health of any city or town, upon application of any person, firm, association or corporation, desiring to sell or exchange milk therein as "Grade A, Massachusetts milk," shall cause the milk produced or to be sold or exchanged by such applicant to be tested for classification as prescribed by section 2 of this act, and if upon such examination and test the milk so produced or to be sold or exchanged by the applicant is found to comply with the aforesaid requirements of classification of "Grade A, Massachusetts milk," the board of health shall issue without charge to the applicant a written permit to keep for sale, exchange or delivery, or to sell, exchange or deliver in such city or town, milk graded, classified, designated and labelled, as herein before provided, as "Grade A, Massachusetts milk.”

Any permit so issued may, at any time, be revoked upon written notice to the holder thereof, by the board of health issuing the same, if milk offered by the holder for sale or exchange as so graded or classified shall not comply with the aforesaid requirements.

SEC. 4. If any grade or classification of milk other than "Grade A, Massachusetts milk" is established permits for the sale of such milk shall be granted and may be revoked in accordance with the provisions of this act in respect to "Grade A, Massachu setts milk," but such permits shall not be granted until the milk to be sold thereunder has been tested in such manner as the board of health, to whom application for the permit is made, shall determine. Milk sold or kept or offered for sale or exchange under such a permit shall be marked with a label, cap or tag in plain, legible, bold-faced type, expressing the name of the grade as it is determined by the board granting the permit. SEC. 5. Whoever, himself or by his agent, or as the servant or agent of another, sells, exposes for sale or has in his custody or possession with intent to sell milk purporting to be of a grade established hereunder without having a permit so to do shall be subject to the penalty hereinafter provided.

Pub. Health Repts. Reprint 279, p. 81.

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SEC. 6. Whoever, himself or by his agent, or as the servant or agent of another, sells, exposes for sale, or has in his custody or possession with intent to sell, milk labelled as to its fat content which upon analyses of three samples taken consecutively, each from a different lot of milk, on three separate days, is found to contain less milk fat than that stated upon the label, cap or tag, and whoever sells, exposes for sale or exchange, or delivers, milk not wholly produced in Massachusetts in containers bearing upon a label, cap, tag, or otherwise, the words "Grade A, Massachusetts milk,' or other words indicating that such milk was produced in Massachusetts; and whoever in any manner represents that milk not wholly produced in Massachusetts was wholly produced in Massachusetts, or is of a grade designated as "Grade A, Massachusetts milk," shall, for a first offence, be punished by a fine of not more than $50; for a second offence by a fine of not less than $50 nor more than $100, and for a subsequent offence by a fine of not less than $100 nor more than $200.

Milk Standards-Percentage of Solids and Fat Required. (Ch. 189, Act Apr. 16, 1917.)

Section 56 of chapter 56 of the Revised Laws, as amended by chapter 643 of the acts of the year 1908, is hereby further amended by striking out the words "and fifteen hundredths," in the fourth line, so as to read as follows:

SEC. 56. In prosecutions under the provisions of sections 51 to 64, inclusive, milk which, upon analysis, is shown to contain less than 12 per cent of milk solids or less than 3.35 per cent of fat, shall not be considered of good standard quality.

Pasteurized Milk-Definition—Sale. (Ch. 259, Act May 16, 1917.)

SECTION 1. Pasteurized milk is hereby defined to be natural cow's milk not more than 72 hours old when pasteurized, subjected for a period of not less than 30 minutes, to a temperature of not less than 140 degrees nor more than 145 degrees Fahrenheit, and immediately thereafter cooled therefrom to a temperature of 50 degrees Fahrenheit or lower.

SEC. 2. It shall be unlawful to sell, exchange or deliver, or to advertise, represent, or describe, or to offer or expose for sale or to have in possession with intent to sell, as pasteurized milk, milk not pasteurized in conformity with the provisions of this act. SEC. 3. Any violation of this act shall be punished by a fine of not less than $10 for a first offence, and of not more than $100 for any subsequent offence. SEC. 4. This act shall take effect on the 1st day of January in the year 1918.

Dairy and Live Stock Inspections-Fees for, Prohibited.

1917.)

(Ch. 112, Act Mar. 22, •

SECTION 1. No fee for making, under authority of law, any inspection or test of live. stock, or any inspection of any dairy, barn or stable, for the purpose of protecting the milk supply of any city or town, shall be requested or accepted by any official or other person making or assisting to make such test or inspection.

SEC. 2. Violation of this act shall be punished by a fine not exceeding $50 for each offence.

Sausage-When Deemed to be Adulterated. (Ch. 78, Act Mar. 15, 1917.) Section 2 of chapter 634 of the acts of the year 1914 is hereby amended by striking out all after the word "casing", in the first line of the fourth clause, and inserting in place thereof the following: "the organs of the thoracic and abdominal cavities or any part thereof, except hearts, tripe and liver," so that said clause, will read as follows: Fourth. If it contains, except as casing, the organs of the thoracic and abdominal cavities or any part thereof, except hearts, tripe and liver.

Pub. Health Repts. Reprint 279, p. 86.

Manufacture of Sausages or Chopped Meat and Egg Breaking or Canning Establishments-Penalty for Conducting, without a License. (Ch. 11, Act Feb. 19, 1917.) Section 2 of chapter 325 o of the acts of the year 1914, as affected by chapter 227 of the general acts of the year 1915, is hereby amended by striking out, in the fourth and fifth lines, the words "fine or imprisonment at the discretion of the court", and inserting in place thereof the following: "a fine of not less than $10 nor more than $100, or by imprisonment for not more than three months, or by both such fine and imprisonment," so as to read as follows:

SEC. 2. Whoever carries on an establishment for the manufacture of sausages or chopped meat of any kind, or for the breaking or canning of eggs without a license as provided herein shall be punished by a fine of not less than $10 nor more than $100 or by imprisonment for not more than three months, or by both such fine and impris onment.

Vinegar-Taking of Samples for Analysis. (Ch. 193, Act Apr. 23, 1917.)

SECTION 1. The collection of samples of vinegar, as authorized by the provisions of section 20 of chapter 75 of the Revised Laws, and of chapter 600 of the acts of the year 1911, and all acts in amendment thereof, and in addition thereto, shall be made under the direction and supervision of the State department of health, or by the local boards of health. Samples may be purchased in the open market, and the stencillings, tags, brands or other markings upon the container shall be noted. They shall be divided into substantially two equal parts of at least sufficient volume to permit of a proper analysis as required by law, and there shall be delivered to the owner or other person from whom the vinegar is taken one of the two above mentioned parts properly labeled with identifying marks and sealed with a seal, provided for that purpose, at the time of the taking of the samples and a receipt therefor shall be given to the inspector or collector.

SEC. 2. Whoever makes, causes to be made, uses or has in his possession, an imita tion or counterfeit of a seal used by an inspector or other officer engaged in the inspection of vinegar, and whoever changes or tampers with a sample taken or sealed as provided in section 1 of this act, shall be punished by imprisonment for not more than six months, or by fine of not more than $100, or by both such fine and imprisonment. Foods and Drugs-Adulteration and Misbranding. (Ch. 208, Act Apr. 30, 1917.) SECTION 1. It shall be unlawful for any person to manufacture any article of food or drug which is adulterated or misbranded, within the meaning of this act, or which does not comply with the rules and regulations and standards herein provided; and any person who shall violate any provision of this section shall be guilty of a misdemeanor, and shall be punished for each offense by a fine of not less than $15, nor more than $500, or by imprisonment for not more than six months.

SEC. 2. Any person who shall, for pay or otherwise, deliver or offer to deliver to any person any such article so adulterated or misbranded within the meaning of this act, or which does not comply with the rules and regulations and standards herein provided, and any person who shall sell or offer for sale such adulterated or misbranded foods or drugs, or any food or drug which does not comply with the rules and regulations and standards herein provided, shall be guilty of a misdemeanor, ard shall, in the case of misbranding, be punished by a fine of not more than $200, and in the case of adulteration by a fine of not less than $25, nor more than $200: Provided, That no article shall be deemed misbranded or adulterated within the provisions of this act if it be intended for export to any foreign country and is prepared or packed accord. ing to the specifications or directions of the foreign purchaser: Provided, That 1 Pub. Health Repts. Reprint 338, p. 276.

Pub Health Repts. Reprint 279, p. 86.

substance is used in the preparation or packing thereof in violation of the laws of the foreign country to which the article is intended to be shipped; but if the article shall be in fact sold or offered for sale for domestic use or consumption then this proviso shall not exempt it from the provisions of this act.

SEC. 3. The State department of health, and also the boards of health of the several cities and towns, shall enforce the provisions of this act. Except as to standards that have already been or may hereafter be fixed by statute, the State department of health shall adopt rules and regulations not inconsistent with the provisions of this act, standards and tolerances and definitions of purity or quality, conforming to the rules and regulations, standards and tolerances or definitions of purity or quality adopted or that may hereafter be adopted for the enforcement of the act of Congress approved June 30, 1906, and the amendments thereof, the said act being 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", or now or hereafter adopted by the United States Department of Agriculture under any other Federal law.

SEC. 4. The collection of samples under this act may be made by authorized agents of the State department of health or local boards of health. Samples may be purchased in the open market, and if in bulk and the sample is taken from the original package, carton, wrapper, or other container in the presence of the authorized agent, the marks, brands cr tags upon the package, carton, wrapper or other container, and the accompanying printed or written matter shall be noted by the collector. The collector shall also note the name of the vendor by whom the sale was made, together with the date of the purchase. Samples shall, if practicable, be collected in duplicate, or divided into two substar tially equal parts, and each part shall be labelled with identifying marks. One of the parts shall be delivered to the person from whom the samples were taken, or if a guaranty has been given, as hereinafter provided, such part shall be sent to the guarantor. One of the parts shall be sent to the laboratory of the department or board taking the sample, if said board main tains a laboratory. The parts of the samples so divided shall be sealed by the collector, at the time of the taking of the samples, as provided by the regulations of the State department of bealth, with a seal provided for that purpose. Whenever it is impracticable to collect more than one sample, or to divide the same, it shall be sent to the laboratory of the department or board taking the sample, if said board maintains a laboratory.

SEC. 5. The examination of samples of food and drugs shall be made under the direction and supervision of the department or board taking such samples for the purpose of determining from such examination whether such articles are adulterated or misbranded within the meaning of this act; and if it shall appear from such examination that any of the samples are adulterated or misbranded within the meaning of this act, the commissioner of health or local board of health shall not be required to cause mal complaint to be entered at once, but shall in the case of misbranding, and may, In the case of adulteration, cause reasonable notice thereof, together with a copy of the findings, to be given to the party or parties from whom the sample was obtained, and to the guarantor, if any, and to the party, if any, whose name appears upon the label as manufacturer, packer, producer, wholesaler, retailer, or other dealer. Before any formal complaint is entered any person so notified shall be given an opportunity to be heard before any person designated by the commissioner of health or local board taking the sample under such rules and regulations as the State department of health may prescribe. The notice shall specify the date, hour and place of hearing, and the parties interested therein may appear in person or by attorney. If it is decided that the party whose name appears upon the label, or the guarantor, shall be notified, and such party or guarantor resides without the State, the notice shall be sent by mail to such address as may, with due diligence, be obtained. If after such opportunity to be heard it appears that any provision of this act has been violated, the department

of health or local board of health may make, or authorize formal complaint to be made, to a court or justice having jurisdiction in such cases, but no evidence of the result of such analysis or test shall be received if the collector has refused or neglected to seal and deliver the samples as provided in section 4 of this act.

SEC. 6. The term "drug," as used in this act, shall include all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation or prevention of disease of either man or other animals. The term "food," as used herein, shall include all articles used for food, drink, confectionery, or condiment by men or other animals, whether simple, mixed or compound.

SEC. 7. For the purposes of this act an article shall be deemed to be adulterated: In case of drugs:

First. If, when a drug is sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standards of strength, quality, or purity, as determined by the test, if any, 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 delivered to the customer although the standard may differ from that determined by the test, if any, laid down in the United States Pharmacopoeia or National Formulary. Second. If its strength or purity fall below the professed standard or quality under which it is sold.

In the case of confectionery:

If it contain 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 and 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 are printed on the covering of 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, which is 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.

SEC. 8. 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 substance contained therein which is 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.

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