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the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five dollars, nor more than five hundred dollars, or shall be imprisoned in the county jail for a term not exceeding six months, or by both such fine and imprisonment. Food found to be adulterated, mislabeled or misbranded within the meaning of this act may, by order of any court or judge, be seized and destroyed.
SEC 21. One-half of all fines collected by any court or judge, for the violations of the provisions of this act shall be paid to the state treasurer and the state treasurer shall deposit such money to the credit of the fund for the maintenance of the state laboratory, to be drawn against by warrants of the state controller upon claims which shall be approved by the state board of health and by the state board of examiners.
SEC. 22. No dealer shall be prosecuted under the provisions of this act when he can establish a guaranty signed by the wholesaler, jobber, manufacturer or other party residing in the United States from whom he purchased such article, to the effect that the same is not adulterated, mislabeled or misbranded within the meaning of this act, and can also establish by satisfactory evidence that the article sold by him was mislabeled and that at the time of making such sale he was not aware of that fact; such guaranty may be either general or special. A general guaranty shall guarantee without condition or restriction all of the products or articles produced, prepared, compounded, packed, distributed, or sold by the guarantor as not adulterated within the meaning of this act. A special guaranty shall guarantee in the same manner the particular articles listed in an invoice of the same, and shall be attached to or shall fully identify such invoice. Both said guaranties to afford protection must contain the name and address of the party or parties making the sales of such article to said dealer. If the guaranty be to the effect that such article is not adulterated, mislabeled or misbranded within the meaning of the national pure food act, approved June 30, 1906, it shall be sufficient for all the purposes of this act and have the same force and effect as though it referred to this act except that a guaranty referring to the said national pure food act alone shall not be sufficient for the purposes of this act in any case where at any time the standard for the article concerned under this act is higher than the standard for a like article under said national pure food act. In case the wholesaler, jobber, manufacturer or other party making such guaranty to said dealer resides without this state and it appears from the certificate of the director of the state laboratory that such article or articles were adulterated, mislabeled or misbranded, within the meaning of this act or the national pure food act approved June 30, 1906, the district attorney must forthwith notify the attorney general of the United States of such violation.
SEC. 23. The sum of twenty thousand dollars ($20,000.00) is hereby appropriated out of any money in the state treasury not otherwise appropriated for the purchase of equipment, apparatus, chemicals and supplies of said laboratory and of the office expenses, in connection with the same and for the compensation of additional assistants and other
necessary help. The state controller is hereby authorized to draw his warrants for the sums herein appropriated in favor of the secretary of the state board of health and the state treasurer is hereby directed to pay the same.
SEC. 24. No article of food as herein defined shall be manufactured or produced in violation of this act from and after the first day of July, nineteen hundred and seven.
SEC. 25. All acts and parts of acts in conflict or inconsistent with this act are hereby repealed.
SEC. 26. This act shall be in force and effect from and after the first day of January, nineteen hundred and eight.
Misbranding and Mislabeling. Regulation 16-Label
(a) The term "label" applies to any printed, pictorial, or other matter upon or attached to any package of a food or drug product, or any container thereof subject to the provisions of this act.
(b) The principal label shall consist, first, of all information which the food and drugs act, June 30, 1906, specifically requires, to wit, the name of the place of manufacture in the case of food compounds or mixtures sold under a distinctive name; statements which show that the articles are compounds, mixtures, or blends; the words "compound," "mixture," or "blend," and words designating substances or their derivatives and proportions required to be named in the case of foods and drugs. All this information shall appear upon the principal label, and should have no intervening descriptive or explanatory reading matter. Second, if the name of the manufacturer and place of manufacture are given, they should also appear upon the principal label. Third, preferably upon the pincipal label, in conjunction with the name of the substance, such phrase as "artificially colored," or any other descriptive phrase necessary to be announced should be conspicuously displayed. Fourth, elsewhere upon the principal label other matter may appear in the discretion of the manufacturer. If the contents are stated in terms of weight or measure, such statement should appear upon the principal label and must be couched in plain terms, as required by Regulation 29.
(c) If the principal label is in a foreign language, all information required by law and such other information as indicated above in (b) shall appear upon it in English. Besides the principal label in the language of the country of production, there may be also one or more other labels, if desired, in other languages, but none of them more prominent than the principal label, and these other labels must bear the information required by law, but not necessarily in English. The size of the type used to declare the information required by the act shall not be smaller than eight point (brevier) capitals; provided, that in case the size of the package will not permit the use of eight-point type, the size of the type may be reduced proportionately.
(d) Descriptive matter upon the label shall be free from any statement, design, or device regarding the article or the ingredients or substances contained therein, or quality thereof, or place of origin, which is false or misleading in any particular. The term "design" or "device"
applies to pictorial matter of every description, and to abbreviations, characters, or signs for weights, measures, or names of substances.
(e) An article containing more than one food product or active medicinal agent is misbranded if named after a single constituent.
In the case of drugs the nomenclature employed by the United States Pharmacopoeia and the National Formulary shall obtain.
(The use of any false or misleading statement, design, or device appearing on any part of the label shall not be justified by any statement given as the opinion of an expert or other person, nor by any descriptive matter explaining the use of the false or misleading statement, design, or device.
Regulation 17-Name and Address of Manufacturer
The name of the manufacturer or producer, or the place where manufactured, except in cases of mixtures and compounds having a distinctive name, need not be given upon the label; but if given, must be the true name and the true place. The words "packed for....," "distributed by....," or some equivalent phrase, shall be added to the label in case the name which appears upon the label is not that of the actual manufacturer or producer, or the name of the place not the actual place of manufacture or production.
When a person, firm, or corporation actually manufactures or produces an article of food or drug in two or more places, the actual place of manufacture or production of each particular package need not be stated on the label, except when, in the opinion of the secretary of the state board of health, the mention of any such place, to the exclusion of the others, misleads the public.
Regulation 18-Character of Name
A simple or unmixed food or drug product not bearing a distinctive name shall be designated by its common name in the English language or, if a drug, by any name recognized in the United States pharmacopoeia or National Formulary. No further description of its components or qualities is required, except as to content of alcohol, morphine,
The use of a geographical name shall not be permitted in connection. with a food or drug product not manufactured or produced in that place, when such name indicates that the article was manufactured or produced in that place.
The use of a geographical name in connection with a food or drug product will not be deemed a misbranding when by reason of long usage it has come to represent a generic term and is used to indicate a style, type, or brand; but in all such cases the state, territory, or country where any such article is manufactured or produced shall be stated upon the principal label.
A foreign name which is recognized as distinctive of a product of a foreign country shall not be used upon an article of domestic origin except as an indication of the type or style of quality or manufacture, and then only when so qualified that it can not be offered for sale under the name of a foreign article.
Regulation 19-Distinctive Name
A "distinctive name" is a trade, arbitrary, or fancy name which clearly distinguishes a food product, mixture, or compound from any other food product, mixture, or compound.
A distinctive name shall not be one representing any single constituent of a mixture or compound.
A distinctive name shall not misrepresent any property or quality of a mixture or compound.
A distinctive name shall give no false indication of origin, character, or place of manufacture, nor lead the purchaser to suppose that it is any other food or drug product.
Regulation 20-Compounds, Imitations, or Blends Without
The term "blend" applies to a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only.
If any age is stated, it shall not be that of a single one of its constituents, but shall be the average of all constituents in their respective proportions.
Coloring and flavoring can not be used for increasing the weight or bulk of a blend.
In order that colors or flavors may not increase the volume or weight of a blend, they are not to be used in quantities exceeding 1 pound to 800 pounds of the blend.
A color or flavor can not be employed to imitate any natural product or any other product of recognized name and quality.
The term "imitation" applies to any mixture or compound which is a counterfeit or fraudulent simulation of any article of food or drug.
Regulation 21-Articles Without a Label
It is prohibited to sell or offer for sale a food or drug product bearing no label upon the package or no descriptive matter whatever connected with it, either by design, device, or otherwise, if said product be an imitation of or offered for sale under the name of another article.
Regulation 22-Proper Branding Not a Complete Guaranty
Packages which are correctly branded as to character of contents, place of manufacture, name of manufacturer, or otherwise, may be adulterated, and hence not entitled to protection under said acts; or their sale, except upon prescription, may be forbidden by the Poisons Act, March 6, 1907.
Regulation 23-Incompleteness of Branding
A compound shall be deemed misbranded if the label be incomplete as to the names of the required ingredients. A simple product does not require any further statement than the name or distinctive name thereof, except as provided in Regulations 18 and 27.
When a substance of a recognized quality, commonly used in the preparation of a food or drug product, is replaced by another substance
not injurious or deleterious to health, the name of the substituted substance shall appear on the label.
When any substance which does not reduce, lower, or injuriously affect its quality or strength is added to a food or drug product, other than that necessary to its manufacture or refining, the label shall bear a statement to that effect.
Regulation 25-Waste Materials
When an article is made up of refuse materials, fragments, or trimmings, the use of the name of the substance from which they are derived, unless accompanied by a statement to that effect, shall be deemed a misbranding. Packages of such materials may be labeled "pieces," "stems," "trimmings," or with some similar appellation.
Regulation 26—Mixtures or Compounds With Distinctive Names
The terms "mixtures" and "compounds" are interchangeable, and indicate the results of putting together two or more food products.
These mixtures or compounds shall not be imitations of other articles, whether simple, mixed, or compound, or offered for sale under the name of other articles. They shall bear a distinctive name and the name of the place where the mixture or compound has been manufactured or produced.
If the name of the place be one which is found in different states, territories, or countries, the name of the state, territory, or country, as well as the name of the place, must be stated.
Regulation 27-Substances Named in Drugs or Foods
The term "alcohol" is defined to mean common or ethyl alcohol. No other kind of alcohol is permissible in the manufacture of drugs, except as specified in the United States Pharmacopoeia or National Formulary.
The words alcohol, morphine, opium, etc., and the quantities and proportions thereof, shall be printed in letters corresponding in size with those prescribed in Regulation 16.
A drug is misbranded in case it fails to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, heroin, cocaine, alpha or beta eucaine, chloroform, cannabis indica, chloralhydrate, or acetanilide, or any derivative or preparation of any such substances contained therein.
A statement of the maximum quantity or proportion of any such substances present will meet the requirements, provided the maximum stated does not vary materially from the average quantity or proportion.
Standards of Purity
B. FRUITS AND VEGETABLES. a. FRUIT AND FRUIT PRODUCTS.
(Except fruit juices, fresh, sweet, and fermented, and vinegars.)
1. Fruits are the clean, sound, edible, fleshy fructifications of plants, distinguished by their sweet, acid, and ethereal flavors.
2. Dried fruit is the clean, sound product made by drying mature, properly prepared, fresh fruit in such a way as to take up no harmful