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RULE 14. Preservatives.-The division of food and drugs of the State board of health will regard as adulterated under section 6, paragraph 5 of the act, any food article which contains formaldehyde in any quantity whatever, or which contains other harmful preservative, or other added poisonous or deleterious ingredient which may render such article injurious to health.

Prohibited substances.—Formaldehyde, salicylic acid or sodium salicylate, boric acid or borax are prohibited.

Sulphur compounds.-The Federal ruling with regard to sulphur dioxide is hereby adopted, to wit: No prosecution will be instituted in the case of the application for bleaching purposes of the fumes of burning sulphur to those food products which contain acetaldehydes, sugars, etc., with which sulphurous acid may combine, if the total amount of sulphur dioxide in the finished product does not exceed 350 milligrams per liter in wines or 350 milligrams per kilogram in other food products, of which not over 70 milligrams is in a free state.

Sodium benzoate.-No objection will be offered to the use of sodium benzoate in foods provided the containers of such foods are plainly labeled to show the presence and amount of such preservative used.

Copper salts.-Food products colored with copper salts will hereafter be regarded as adulterated.

Saccharin.-The use of saccharin in foods will hereafter be regarded as an


Preservatives in meat products.-There may be added to meat or meat food products common salt, sugar, woodsmoke, vinegar, pure spices, and saltpeter. Benzoate of soda may be added to meat or meat food products which are placed in containers or packages with proper labels, plainly showing the presence and amount of such preservative. The use of all other preservatives in meat or meat food products is prohibited.

Rules relating to misbranding.—RULE 15. General rules and definitions; label.-a. The term "label" as used in section 7 of the food and drugs act refers to any printed, pictorial, or other matter upon or attached to any package of food or drug product, or any container thereof, subject to the provisions of this act.

b. The principal label shall contain all information specifically required by the food and drugs act, without intervening descriptive or explanatory matter. All required information shall be in the English language, and where printed, in not smaller than 8-point (brevier) capitals, except that smaller type will be permitted in case the size of the package will not permit the use of 8-point type.

Statements of weight, measure, or numerical count or of artificial coloring, or of imitation flavoring, or of the use of chemical preservatives, where required, shall also appear upon the principal label.

c. 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.

RULE 16. Articles without a label.-Except where specific information is required by the law to appear upon the label, the sale or transportation of food and drug articles in unlabeled packages is not prohibited.

A food or drug product which is an imitation of, or offered for sale under the name of, another article must be labeled in such a manner as to distinguish it clearly from the article simulated.

A food or drug article which is incompletely labeled as to the names and quantities of ingredients required to be declared, or in any other particular, will be deemed misbranded.

The law of misbranding applies equally in the case of foods sold from bulk quantities in retail or counter packages, or in restaurants, hotels, or in mercantile establishments, for immediate consumption, as in the case of foods sold in package form.

It shall be the duty of the food and drug commissioner, by such means as may be found practical and efficacious, to prevent deception and fraud in the sale of food and drugs, and to require that the most complete information as to the nature and composition of food and drug articles be given to the consumer, in all particulars wherein specific information is required by the food and drugs act.

RULE 17. Character of name.-No food or drug product shall be sold or offered for sale under a false or deceptive name.

A simple or unmixed food product shall be designated by its common name in the English language.

In case of drugs, whether simple, mixed, or compound, the nomenclature employed by the official editions of the United States Pharmacopoeia and the National Formulary shall obtain.

An article containing more than one food product or active medicinal agent is misbranded if named after a single constituent, or if the name be fashioned in such a manner as to mislead or deceive the purchaser as to the true nature or composition of the article.

The use of a geographical name in connection with a food or drug article not actually produced or manufactured in that place will be deemed a misbranding, except when by reason of long usage such geographical name has come to represent a generic term and is used to indicate a style, type, or brand. In all cases where such generic term is used, the name of the place of manufacture or production of the article must appear upon the principal label.

RULE 18. Name and address of manufacturer.—The name of the manufacturer or producer is not required to appear upon the label. If any name be given, it must be the true name. The words "Packed for " or "Distributed by" shall be added in case the name which appears upon the label be not that of the actual manufacturer or producer. All statements with regard to the name of the manufacturer or producer must be true and correct in every particular.

The name of the place where manufactured or produced need not be given except in case of mixtures or compounds sold under distinctive names, or of food or drug articles sold under generic names of geographical significance.

RULE 19. Distinctive names.—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 food mixture or compound which contains no added poisonous ingredient or ingredient deleterious to health will not be deemed misbranded if sold under its own distinctive name: Provided, however, That it be labeled to indicate the name of the place where such article was manufactured or produced.

Such distinctive name must not represent any one simple constituent of the mixture or compound, nor give false indication of character, origin, or place of manufacture, nor lead the purchaser to suppose that it is any other food product.

Food mixtures or compounds sold under distinctive names shall not be imitations of other articles, whether simple, mixed, or compound, nor be offered for sale under the name of other articles.

The terms "mixture" and compound" are interchangeable and indicate the result of putting together two or more food products.

RULE 20. Compounds, imitations, or blends without distinctive names.— The term "blend " applies to mixtures of like substances, not excluding harmless coloring or flavoring matter.

The term " imitation" applies to any counterfeit or fraudulent simulation of an article of food or drug.


A food compound or mixture which does not contain added poisonous or deleterious ingredient will not be deemed misbranded if plainly labeled to show that it is a compound, imitation, or blend, with the word compound," "imitation," or blend," as the case may be, plainly stated upon the principal label of the package in which it is sold.


RULE 21. Labeling of compounds, imitations, or blends.-Food compounds, or mixtures, whether sold under distinctive names or labeled to indicate that they are compounds, imitations, or blends, are not exempt from the general provisions of the food and drugs act, and of these regulations, relating to the labeling of food products.

All statements required to appear upon the label, and all things prohibited. apply equally in the case of such food mixtures or compounds as in the case of other food products.


RULE 22. Trade formulae.—Manufacturers of proprietary foods are not required to disclose trade formulae except as may be compelled by special acts of legislation relating to food products, or in so far as it may be found necessary to secure freedom from adulteration or misbranding. If any statement with regard to ingredients or the proportion thereof be made, it must be a true and correct statement.

RULE 23. Waste materials.--An article made up wholly or in part from refuse materials, fragments, or trimmings shall be deemed misbranded if using the name of the material from which such substances are derived without such qualification as will clearly show the nature of the raw material used in the preparation of the article.

RULE 24. Substitution.-a. 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 upon the label.

b. 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.

RULE 25. Substances named in drugs or food.-a. 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.

b. The words alcohol, morphine, opium, etc., and the quantities and proportions thereof, shall be printed in letters corresponding in size with those prescribed in rule 15, paragraph b.

c. A drug product, or a food product, except in respect to alcohol, is misbranded in case it fails to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, heroin, cocoaine, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, acetanilide, or any harm

ful coal-tar product, or any derivative or preparation of any such substances contained therein.

d. 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.

e. In case the actual quantity or proportion is stated it shall be the average quantity or proportion.

f. The following are the principal derivatives and preparations made from the articles which are required to be named upon the label:

Alcohol, ethyl (cologne spirits, grain alcohol, rectified spirits, spirits, and spirits of wine):

Derivatives: Aldehyde, ether, ethyl acetate, ethyl nitrite, and paraldehyde. Preparations containing alcohol: Bitters, brandies, cordials, elixirs, essences, fluid extracts, spirits, sirups, tinctures, tonics, whiskies, and wines.

Morphine, alkaloid:

Derivatives: Apomorphine, dionine, peronine, morphine acetate, hydrochloride, sulphate, and other salts of morphine.

Preparations containing morphine or derivatives of morphine: Boughird, catarrh snuff, chlorodyne, compound powder of morphine, crayons, elixirs, granules, pills, solutions, sirups, suppositories, tablets, triturates, and troches.

Opium gum:

Preparations of opium: Extracts, denarcotized opium, granulated opium and powdered opium, boughies, brown mixture, carminative mixtures, crayons, Dover's powder, elixirs, limiments, ointment, paregoric, pills, plasters, sirups, suppositories, tablets, tinctures, troches, vinegars, and wines.

Derivatives: Codeine, alkaloid, hydrochloride, phosphate, sulphate, and other salts of codeine.

Preparations containing codeine or its salts: Elixirs, pills, sirups, and tablets.


Cocaine, alkaloid:

Derivatives: Cocaine, hydrochloride, oleate, and other salts.

Preparations containing cocaine or salts of cocaine: Coca leaves, catarrh powders, elixirs, extracts, infusion of coca, ointments, paste, pencils, pills, solutions, sirups, tablets, tinctures, troches, and wines.

Preparations containing heroin: Sirups, elixirs, pills, and tablets. Alpha and beta eucaine:

Preparations containing alpha and beta eucaine: Mixtures, ointments, powders, and solutions.


Preparations containing chloroform: Chloranodyne, elixirs, emulsions, liniments, mixtures, spirits, and sirups.

Cannabis indica:

Preparations containing cannabis indica: Corn remedies, extracts, mixtures, pills, powders, tablets, and tinctures. Chloral hydrate (Chloral U. S. Pharmacopoeia, 1890):

Derivatives: Chloral acetophenonoxium, chloral alcoholate, chloralamide, chloralimide, chloral orthoform, chloralose, dermio, hypnal, and uraline. Preparations containing chloral hydrate or its derivatives: Chloral cam phorate, elixirs, liniments, mixtures, ointments, suppositories, sirups, and tablets.

Acetanilide (antifebrine, phenylacetamide):

Derivatives: Acetyhenetidine, citrophen, diacetanilide, lactophenin, methoxy-acetanilide, methylacetanilide, para-iodacentanilide, and phenace


Preparations containing acetanilide or derivitives: Analgesics, antineuralagics, antirheumatics, cachets, capsules, cold remedies, elixirs, granular effervescing salts, headache powders, mixtures, pain remedies, pills, and tablets.

g. In declaring the quantity or proportion of any of the specified substances the names by which they are designated in the act shall be used, and in declaring the quantity or proportion of derivatives of any of the specified substances, in addition to the trade name of the derivative, the name of the specified substance shall also be stated, so as to indicate clearly that the product is a derivative of the particular specified substance.

h. In the case of alcohol the expression "quantity 66 or proportion" shall mean the average percentage by volume in the finished product. In the case of the other ingredients required to be named upon the label the expression "quantity" or "proportion" shall mean grains or minims per ounce or fluid ounce, and also, if desired, the metric equivalents thereof, as milligrams per gram or per cubic centimeter, or grams or cubic centimeters per kilogram or per liter: Provided, That these articles shall not be deemed misbranded if the maximum quantity or proportion be stated.

RULE 26. Premises subject to inspection.—All buildings or premises occupied, used, or maintained for the manufacture, storage, sale, or distribution of food or drug products shall be open at all reasonable times to inspection by the State board of health or authorized employees, agents, inspectors, or other officials thereof.

All cars, trucks, or vehicles used by common carriers in intrastate commerce shall in like manner be open to inspection.

Authorized agents, inspectors, or other officials of the State board of health shall at all reasonable times have access to the records of express, freight, and transportation companies or others engaged in the business of common carriers in all matters relating to the sale or transportation within the State of foods or drugs.

RULE 27. Organization of the division of food and drugs.-The division of food and drugs shall consist of a food and drug commissioner and such food and drug inspectors, clerks, stenographers, and other employees as may be required to carry out the purposes of the food and drugs act.

All such employees shall be appointed by the State board of health under the provisions of existing laws.

All official orders shall be issued in the name of the State board of health. All actions at law instituted by the division of food and drugs shall be maintained under the authority of the State board of health.

The division of food and drugs shall enforce the food and drugs act of 1907, the pure food and sanitary inspection law of 1913, the State narcotic drugs act, and all other acts or parts of acts remaining unrepealed upon the statute books which relate to the adulteration or misbranding of foods or drugs, except where statutory provision has been made for the enforcement of such acts by other departments.

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The food and drug commissioner shall be the official head of the division, and, under the authority of the State board of health, shall do and perform all acts and things necessary to the enforcement of the laws hereinbefore mentioned. He shall provide for the adequate inspection, supervision, and control of the production, manufacture, sale, and distribution of food and drug prod

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