SECTION 2. Whoever, 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 possession with intent to sell, exchange or deliver, any article of food or drink, or any drug intended for internal use, containing any wood alcohol, otherwise known as methyl alcohol, either crude or refined, under or by whatever name or trade mark the same may be called or known, shall be punished by a fine of not less than two hundred dollars, or by imprisonment for not more than thirty days, or by both such fine and imprisonment.

ACTS OF 1908, 386.

The Dissemination by Advertisement or otherwise of Information concerning Certain Diseases.

Whoever publishes, delivers, distributes or causes to be published, delivered, or distributed, an advertisement, statement or notice, other than a label which is attached to a bottle or package of medicine, or which is contained in a sealed package of medicine, describing the causes, symptoms, details or effects of a venereal disease, or of a disease, infirmity or condition of the sexual organs, for the purpose of calling attention to or advertising a person or persons from whom, or an office or place at which, information, treatment, or advice may be obtained concerning such diseases or conditions, shall be punished by imprisonment for not more than six months or by a fine of not less than fifty nor more than five hundred dollars, or by both such fine and imprisonment. But the prohibitions of this act shall not be deemed to apply to the printing or delivering in sealed packages outside of this commonwealth of books, pamphlets, or circulars containing such advertisements; nor to newspapers printed outside of this commonwealth.

MILK.
ACTS OF 1909, 405.

Appointment of Milk Inspectors.

SECTION 1. The boards of health of cities shall, and boards of health of towns or the selectmen acting as such boards, may, appoint one or more inspectors of milk for their respective cities and towns. In cities such inspectors, after appointment, may be removed from office in accordance with the provisions of chapter three hundred and fourteen of the acts of the year nineteen hundred and four; in towns they may be removed at any time by the appointing board. Such inspectors shall have the powers and perform the duties now conferred and imposed by law upon the inspectors of milk, but they shall be under the control of the boards of health appointing them, and shall perform such other duties as the said boards may designate. Their compensation shall be determined by the boards of health in cities, and by the boards of health in towns, or by selectmen acting as such boards.

1859, 206, §§ 1, 3.
G. S. 49, § 148.
1864, 122, §§ 1, 2.

P. S. 57, §§ 1, 2. 1884, 310, § 3. 1885, 352, § 4.

1886, 318, § 1.
R. L. 56, § 51.
1910, 114.

REVISED LAWS, 56.

Inspectors to publish Notice of Appointment.

SECTION 51. Each inspector shall be sworn before entering upon the performance of his official duties and shall publish a notice of his appointment for two weeks in a newspaper published in his city or town, if any; otherwise he shall post such notice in two or more public places in such city or town.

1859, 206, §§ 1, 3.
G. S. 49, § 148.
1864, 122, §§ 1, 2.

P. S. 57, §§ 1, 2.
1884, 310, § 3.
1885, 352, § 4.

1886, 318, § 1.
1909, 405, § 1.
1910, 114.

Duties and Powers of Inspectors and Collectors.

SECTION 52. Such inspectors shall keep an office and shall record, in books kept for the purpose, the names and places of business of all persons engaged in the sale of milk within their city or town. The collectors of milk shall hereafter be appointed by the board of health, or by the selectmen acting as such a board, in each city or town, and the said boards may also designate and employ any member of the board or any agent or employee thereof, to act as a collector of milk, and the collectors of milk so appointed or designated shall have the powers and perform the duties conferred or imposed by law upon collectors of milk. The inspectors or collectors may enter all places in which milk is stored or kept for sale and all carriages used for the conveyance of milk, and may take therefrom samples for analysis. They shall, upon request made at the time such sample is taken, seal and deliver to the owner or person from whose possession the milk is taken a portion of each sample, and a re-. ceipt therefor shall be given to the inspector or collector. Inspectors shall cause such samples to be analyzed or otherwise satisfactorily tested, and shall record and preserve as evidence the results thereof; but no evidence of the result of such analysis or test shall be received if the inspector or collector on request, refuses or neglects to seal and deliver a portion of the sample taken as aforesaid to the owner or person from whose possession it is taken.

SECTION 1. No person, partnership or corporation, except a producer selling milk to other than consumers, or not to exceed twenty quarts per day to consumers, shall deliver, exchange, expose for sale or sell or have in his custody or possession with the intent to deliver, exchange, expose for sale or sell any milk, skimmed milk or cream in any city or town in which an inspector of milk is appointed, without obtaining from the inspector of milk of such city or town a license. The license shall

contain the number thereof, the name, place of business, residence, number of carriages or other vehicles used by the licensee and the name of every driver or other person employed by him in carrying or selling milk. A license issued to a partnership or corporation shall be issued in the business name of said partnership or corporation and it shall contain the names in full of the partners and managers of said partnership or officers of said corporation. The license shall, for the purposes of this chapter, be conclusive evidence of ownership and shall not be sold, assigned or transferred. Whoever in such cities or towns engages himself or by his servant or agent in the business of selling milk, skimmed milk or cream from any carriage or other vehicle shall display conspicuously on the outer side of all carriages or other vehicles so used, the license number in figures not less than one and one half inches in height and the name and place of business of the licensee in gothic letters not less than one and one half inches in height. Whoever in such cities or towns engages himself or by his servant or agent in the business of selling milk, skimmed milk or cream in a store, booth, stand, or market place shall have his license conspicuously posted in such store, booth, stand or market place.

SECTION 2. Whoever, without being licensed in accordance with the preceding section, delivers, exchanges, exposes for sale or sells milk, skimmed milk or cream, or has it in his custody or possession with intent to deliver, exchange, expose for sale or sell, and whoever violates any of the provisions of the preceding section shall for a first offence be punished by a fine of not less than ten dollars nor more than one hundred dollars, for a second offence by a fine of not less than fifty dollars nor more than three hundred dollars and for a subsequent offence by a fine of fifty dollars and by imprisonment for not less than thirty nor more than sixty days.

SECTION 3. Inspectors of milk in any city or town may, for the purposes mentioned in the preceding sections, grant licenses, subject to the regulations established by the board of health of such city or town, to suitable persons, and shall receive for each license so granted a fee of fifty cents for the use of such city or town, and all license fees collected by him shall be paid over monthly to the city or town treasurer. Such licenses shall remain in force until the first day of June next following, unless previous to that time said license is suspended or revoked. Said inspector of milk may declare any license granted by him suspended or forfeited upon a conviction of the licensee in any court of this commonwealth, for violation of the terms of his license.

SECTION 4. If the applicant for a license fails to comply with any regulation established by the board of health in the city or town where the application is made, a license may be refused until he has complied with such regulation; and a license granted under the provisions of this act may be revoked at any time for failure to comply with any such regulation as aforesaid. If a license is refused or revoked under this

provision, an appeal may be taken to the state board of health, whose decision shall be final and conclusive.

ACTS OF 1910, 457.

Inspectors of Milk.

SECTION 1. No person whose business is, in whole or in part, the buying or selling of milk, or who is an officer, agent or employee of any person, partnership or corporation engaged in the sale of milk shall hereafter be appointed or reappointed an inspector of milk.

REVISED LAWS, 56.

Sale of Adulterated, Diseased or Skimmed Milk. Penalties. SECTION 55. Whoever, himself or by his servant or agent, or as the servant or agent of another person, sells, exchanges or delivers, or has in his custody or possession with intent to sell, exchange or deliver or exposes or offers for sale or exchange, adulterated milk or milk to which water or any foreign substance has been added, or milk produced from cows which have been fed on the refuse of distilleries, or from sick or diseased cows, or, as pure milk, milk from which the cream or a part thereof has been removed, and whoever sells, exchanges or delivers or has in his custody or possession with intent to sell, exchange or deliver, skimmed milk containing less than nine and three-tenths per cent of milk solids exclusive of fat, shall for a first offence be punished by a fine of not less than fifty nor more than two hundred dollars, for a second offence by a fine of not less than one hundred nor more than three hundred dollars and for a subsequent offence by a fine of fifty dollars and by imprisonment for not less than sixty nor more than ninety days.

Definition of Milk not of Good Standard Quality.

SECTION 56. In prosecutions under the provisions of sections fifty-one to sixty-four, inclusive, milk which, upon analysis, is shown to contain less than twelve and fifteen hundredths per cent of milk solids or less than three and thirty-five hundredths per cent of fat, shall not be considered of good standard quality.

Sale of Milk not of Good Standard Quality. Penalties.

SECTION 57. Whoever, himself or by his servant or agent or as the servant or agent of another person, sells, exchanges or delivers, or has in his custody or possession with intent to sell, exchange or deliver, milk

which is not of good standard quality shall for a first offence be punished by a fine of not more than fifty dollars, for a second offence by a fine of not less than one hundred nor more than two hundred dollars, and for a subsequent offence by a fine of not more than two hundred dollars or by imprisonment for not more than ninety days.

SECTION 58. Whoever, himself or by his agent, sells, exchanges or delivers or has in his custody or possession with intent to sell, exchange or deliver, milk from which the cream or a part thereof has been removed, not having the words "skimmed milk" distinctly marked upon a light ground in plain, dark, uncondensed Gothic letters at least one inch in length in a conspicuous place upon every vessel, can or .package from or in which such milk is, or is intended to be, sold, exchanged or delivered shall be punished as provided in section fifty-five. If such vessel, can or package is of the capacity of not more than two quarts, said words may be placed upon a detachable label or tag attached thereto and said. letters may be less than one inch in length.

SECTION 59. Whoever sells, or offers for sale or exchange, condensed milk or condensed skimmed milk in hermetically sealed cans without having such cans distinctly labelled with the name of the manufacturer of such milk, the brand under which it is made and the contents of the can; and whoever sells condensed milk from cans or packages not hermetically sealed without having such cans or packages branded or labelled with the name of the manufacturer, shall be punished as provided in section fifty-five.

1896, 264.

Penalty for using Counterfeit Seal or tampering with Sample. SECTION 60. Whoever makes, causes to be made, uses or has in his possession, an imitation or counterfeit of a seal used by an inspector of milk, collector of samples or other officer engaged in the inspection of milk, and whoever changes or tampers with a sample taken or sealed as provided in section fifty-two, shall be punished by a fine of one hundred dollars and by imprisonment for not less than three nor more than six months.

Penalty for Connivance or Obstruction. SECTION 61. An inspector of milk, or his servant or agent, who wilfully connives at or assists in a violation of the provisions of sections fifty-one to sixty-four, inclusive, or of section seventy, or whoever, except