Nothing in this regulation shall be construed as prohibiting the publication of the annual or biennial report of the division of food and drugs, containing the records of condemnation of food and drug products.

RULE 6. Standards for drugs.-A drug bearing a name recognized in the United States Pharmacopoeia or National Formulary, without any further statement respecting its character, shall be required to conform in strength, quality, and purity to the standards prescribed or indicated for a drug of the same name recognized in the United States Pharmacopoeia or National Formulary, official at the time.

RULE 7. Standards for foods.-Except as specific standards for foods may be established by the laws of the State of Colorado, or by the Colorado State Board of Health, the division of food and drugs will recognize as official the standards which have been or may hereafter be adopted by the Department of Agriculture of the United States Government. In the enforcement of this regulation reasonable tolerance will be allowed for variations in chemical composition, due to differing climatic and soil conditions.

Standards officially adopted will from time to t'me be published in bulletins issued by the department.

RULE 8. Guaranty.--Section 8 of the food and drugs act transfers from the dealers criminal liability for sale or shipment within the State of adulterated or misbranded foods or drugs provided such dealer is able to establish a guaranty from the jobber or manufacturer from whom the goods were purchased.

In such cases the guarantor is subject to the penalties prescribed by the act. Such adulterated or misbranded foods or drugs are not thereby exempt from action for seizure and confiscation.

The form of guaranty to be used is immaterial except in that it must be dated, must identify the particular goods covered, and must be signed by a responsible person residing within the jurisdiction of the State courts.

It is preferable that a guaranty attach to the bill of lading or other invoice of goods covered.

The division of food and drugs will recognize, as fulfilling the requirements of the State act, a general or blanket guaranty, complying with the provisions as to form set forth herein, by which all goods bearing a manufacturer's name or sold under his brands are guaranteed to comply with the requirements of the State food and drugs act, provided such general guaranty has been accepted and relied upon in good faith by the dealer.

The use of any legend or design upon the label of a package of food or drug, which in any manner indicates that the said food or drug product has been examined and approved or guaranteed by the division of food and drugs of the State board of health, will be deemed a misbranding.

Rules relating to adulterations.-RULE 9. Coloring matter in foods and confectionery.-Harmful or poisonous dyes, whether of mineral or vegetable origin, which may render a food injurious to health, may not be added to a food product. The use of any dye, harmless or otherwise, to color or stain a food in a manner whereby damage or inferiority is concealed is specifically prohibited by law.

No objection will be made to the use in food products and confectionery of the following named dyes and blends thereof, when certified to the United States Secretary of Agriculture in the manner provided by the Federal rules and regulations, provided such dyes are not used in a manner contrary to the food and drugs act and to these regulations.

Dyes listed in A. C. Green's 1904 Edition of the Schultz Julius Systematic Survey of the Organic Coloring Matters:

Red shades

107 Amaranth.

56 Ponceau 3R.

517 Erythrosin.

Green shade

435 Light green S. F. yellowish.

Orange shade

85 Orange 1.

Yellow shades

94 Tartrazine.

4 Napthol yellow shade.

Blue shade

692 Indigo disulfoacid.

RULE 10. Adulteration of confectionery.-Terra alba, barytes, talc, and chrome yellow are specifically prohibited in confectionery, as are harmful or poisonous colors and flavors or mineral substances, or other ingredient deleterious to health. Vinous, malt, or spirituous liquors or narcotic drugs are not permitted. The term "narcotic drugs" includes all drugs mentioned in section 7 of the food and drugs act relating to foods, their derivatives and preparations, and other drugs of a narcotic nature.

No objection will be offered to the use of certified colors, when such colors are used for coloring purposes only.

No objection will be offered to the use for flavoring purposes of extracts, etc., containing alcohol.

RULE 11. Substances mixed and packed with foods; nonfood substances; substitutions. No substance may be mixed or packed with a food product which will reduce or lower its quality or strength. Not excluded under this provision are substances properly used in the preparation of food products for clarification or refining, and eliminated in the further process of manufacture. Under this regulation it is forbidden to add nonfood substances to a food product for the purpose of increasing its weight or bulk or of reducing the cost of such product.

RULE 12. Coloring, powdering, coating, and staining.-a. The use of harmful coloring matter in food products is prohibited. Coloring matter may properly be used in compounds, imitations, and blends. Its use in natural food products will be regarded as evidence of concealment of damage or inferiority. b. The reduction of a substance to a powder to conceal inferiority in character is prohibited.

c. The term "powdered" means the application of any powdered substance to the exterior portion of articles of food, or the reduction of a substance to a powder.`

d. The term "coated" means the application of any substance to the exterior portion of a food product.

e. The term "stain" includes any change produced by the addition of any substance to the exterior portion of foods which in any way alters their natural tint.

RULE 13. Natural poisonous or deleterious ingredients.-Any food product which contains naturally a poisonous or deleterious ingredient does not come within the provisions of the food and drugs act, except when the presence of such ingredient is due to filth, putrescence, or decomposition.

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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

adulteration.

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.

66

The terms mixture" and 66

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, lowes, 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