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of licensed practitioners of medicine or dental surgery and veterinary surgeons in course of their personal practice.
In case of foods:
First. If it be an imitation of or offered for sale under the distinctive name of another article.
Second. If it be labeled or branded so as to deceive or mislead the purchaser, or purports to be [a] foreign product when not so, or is an imitation in package or label of another substance of a previously established name, or which has been trade-marked or patented, or if the contents of the package as originally put up shall have been removed in whole or in part, and other contents shall have been placed in such package, or if it fails to bear a true statement on the label in conspicuous letters of the quantity or proportion of any alcohol, morphine, malt, malt extract, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, antipyrine or acetanilid, or any derivative or preparation of any such substance contained theein.
Third. If in package form and the quantity of the contents be not plainly and conspicuously marked on the outside of the package in terms of weight, measure, or numerical count, together with the name and address of the manufacturer or jobber or other person responsible for placing the product upon the market: Provided, however, That reasonable variations as to the quantity of the contents of the packages shall be permitted and tolerances and exemptions as to small packages shall be established by rules and regulations made in accordance with the provisions of section 15 of this act.
Fourth. If it consists in whole or in part of peanuts or soy beans produced in China, Japan, or other foreign countries or of peanut or soy bean oil produced in China, Japan, the United States, or elsewhere, from peanuts or soy beans grown in China, Japan, or other foreign countries, and the words "oriental peanuts," "oriental soy beans," or "oriental peanut oil," "oriental soy bean oil," or contains oriental peanut oil," "contains oriental soy bean soil [oil]," as the case may be, are not plainly and conspicuously labeled on the package or written or stamped on the principal label thereof in the English language, and in Gothic type larger than and in more conspicuous face type than any other words appearing on said label: Provided That the labeling required by this subdivision shall not apply to articles of nuts, oils, or foods containing them which are now on the markets of this State, when the requirements hereinafter set out have been complied with.
Any proprietor of a restaurant, cafe, boarding house, or other place serving meals, or any person, firm, association, or corporation who shall engage in the business of serving, selling, or who shall have in stock to sell, serve, or offer for sale in this State any peanuts, soy beans, peanut oil, soy bean oil, or articles of food or articles that may be used as food, which have been produced in China, Japan, or other foreign countries or have been produced in part from peanuts or soy beans grown in China, Japan, or other foreign countries shall, first, notify the commissioner of agriculture and industries of the fact of his or their engagement in, or his or their importing, selling, serving, or having in stock for sale or service such products or articles, and shall not later than the fifteenth day of each month report to the said commissioner of agriculture and industries an itemized and written account, under oath, of the amount of said products or articles sold or served during the previous month and the name and address of the purchasers; second, display and keep constantly displayed a card of the following description, and in the following position: The card shall be white, at least 10 by 14 inches in size, on which is printed the words "oriental peanuts used here or "foods containing oriental oils used here" or "oriental peanuts sold here," "oriental soy bean oils sold here," or "articles
of food containing oriental oils sold here," printed in black Roman letters not less than one inch in length by one-half inch in width; the position of the card shall be on every wall of the room in which said articles are sold or served, approximately 5 feet from the floor and not farther than 10 feet apart, and when not sold from a room shall be constantly displayed otherwise in a conspicuous manner. It shall be the duty of every manufacturer, jobber, importer, firm, association, corporation, or person manufacturing or selling any peanuts, soy beans, peannt oil, soy bean oil, or other foods consisting in part of peanuts, soy beans, or peanut oil, or soy bean oil on the markets of this State to produce any records and to answer, orally or in writing, correctly to the best of his knowledge, under oath or otherwise, as may be required, all questions propounded by the commissioner of agriculture and industries concerning said foods and their origin and manufacture as may be desired for the purpose of properly carrying into effect the provisions of this subdivision of the said section 5: Provided, however, That no information thus obtained shall be used as a basis for any criminal prosecution against the person furnishing same. Any person, firm, association, or corporation violating any provision of this subdivision of section 5 shall be guilty of a misdemeanor and on conviction shall for each offense be fined not less than $50 nor more than $200.
Fifth. If the package containing it or its label shall bear any statement, design, or devise [device] regarding the ingredients or substance[s] contained therein, which statement, design, or device shall be false or misleading in any particular: Provided, That an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases:
First. In the case of mixtures or compounds which may be now, or from time to time hereafter, known as articles of food under their own distinctive names and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with a statement of the place where the said article has been manufactured or produced. But in case of baking powders every can or other package shall be labeled so as to show clearly and exactly what acid salt and what amount has been used in making the same.
Second. In the case of articles labeled, branded, or tagged so as to plainly indicate that they are compounds, imitations, or blend [s], and the words compound, imitations, [sic] or blend, as the case may be, is plainly stated in larger letters than other printing on the package in which it is offered for sale: Provided, That the term blend" as used herein shall be construed to mean a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring or flavoring only: And provided further, That the label bear a true statement of the names of the ingredients entering into or going to make up the food sold or offered for sale in Alabama, as imitations, compounds, or blends.
Bakeries-Sanitary Regulation. Bakery Products-Protection from Contamination. (Reg. Bd. of H., Effective Apr. 1, 1920.)
SECTION 1. A bakery is hereby defined, for the purpose of enforcing these regulations, as any place used for any process of mixing, compounding, preparing, or baking for sale any bread, biscuits, buns, rolls, pretzels, crackers, crullers, doughnuts, macaroni, spaghetti, noodles, cake, pies, or any food products of which flour or meal is a principal ingredient.
Provided, That restaurants in which any of the foregoing food products are mixed and baked for consumption in such restaurants only, and kitchens or
rooms in dwellings where any of the said food products are mixed and baked for home consumption, shall not be considered bakeries.
SEC. 2. Every bakery shall be housed in a building:
(a) Offering and affording adequate protection against rain, wind, and extremes of temperature;
(b) Having whole, sound, smooth, and readily cleanable floor, walls, and ceiling;
(c) The floors of which are properly drained;
(d) Provided with window space sufficient to give necessary natural light during the daylight hours;
(e) Having at least one passageway directly from the baking or mixing room to the exterior;
(f) Of proportions and dimensions ample for the equipment and processes employed.
SEC. 3. In communities which maintain a system of public water supply and sewerage, every bakery situated within practicable reach of such water supply or sewer line shall be equipped with running water and a sewer-connected sink and with suitable water-flush toilets.
SEC. 4. In communities not maintaining a system of public water supply, a convenient source of water ample for all requirements shall be available at all times. Such a water supply shall meet the approval of the State board of health as to purity.
SEC. 5. Water-flush toilets or other approved facilities, in sufficient number and for both races and sexes, employed, shall be provided for the comfort and convenience of employees, and such toilets shall be kept clean and sanitary and in good repair. Facilities for hand washing, including soap and individual towels, shall be located convenient to the toilets and a notice conspicuously pasted in the toilets or wash rooms directing all employees to cleanse their hands after using the toilet and before commencing work. The use of a common towel is prohibited.
SEC. 6. The entire establishment shall be effectively screened or free from flies at all times.
SEC. 7. When the natural light is inadequate (measured by the requirements necessary for purposes of inspection), artificial lighting facilities ample for all needs shall be installed.
SEC. 8. The premises shall be kept free from rats, mice, and other vermin, and no domestic animals shall be permitted therein.
SEC. 9. Street clothing shall not be worn by employees engaged in the process of manufacture, except when covered by aprons or other garments. Sufficient locker space for the street clothing of employees shall be provided on the premises; but such lockers shall not be located in the baking or mixing
SEC. 10. The boiler room of the bakery, if one is included in the equipment, shall be separated from the room or rooms in which the processes of manufacture are carried on or where raw material or the completed product is stored. Covered receptacles for ashes, garbage, or other waste materials shall be provided, and all completed products shall be removed from the baking room before the oven ash pit is cleaned or ashes are sifted.
SEC. 11. Every loaf of bread which is shipped or retailed in any place except the bakery in which it was made shall be wrapped in paraffined or similarly prepared paper. Wrapping and sealing shall be done in the bakery, and may not be done by a porter, delivery boy, or other person not regularly employed in the process of manufacture.
SEC. 12. Other bakery products than bread shall be shipped or delivered only in paper-lined, dust-proof boxes, baskets, or hampers, and when delivered or sold from wagons shall be closely covered in a way to exclude dust, flies, and other contamination.
SEC. 13. Racks and tables on which bakery products are cooled shall be clean at all times. Display cases shall be so constructed as to protect their contents from dust, flies, and other contamination. Frosted products shall be protected from dust, flies, and other contamination during the cooling and hardening of the frosting.
SEC. 14. Completed bakery products shall at no time be set on the floor for any purpose.
SEC. 15. Expectorating in any part of the bakery is hereby prohibited.
SEC. 16. No manager of any bakery shall require or permit any person infected with typhoid fever, tuberculosis, diphtheria, scarlet fever, smallpox, chicken pox, whooping cough, measles, mumps, venereal disease, or any other contagious or infectious disease to work in that establishment; and no person so affected shall engage in the manufacture of any bakery products. No person who has recently recovered from any of the above-named diseases shall be employed in any bakery until, in the opinion of the county health officer or quarantine officer, it is safe to do so.
SEC. 17. No bakery shall be permitted to operate or continue in operation if any one of the following conditions exists or is permitted to exist:
(a) A water-flush toilet opening directly into the bakery;
(b) A surface privy in close proximity to the bakery;
(c) The operation of any part of the baking process in a room in which another business (other than the preparation of food) is conducted, or which is used for domestic purposes, or which opens directly into a room so used;
(d) The accumulation on the premises of unnecessary rubbish, litter, cobwebs, dirt, etc., or material not germane to the preparation of bakery products.
SEC. 18. No bakery shall be permitted to open for business until the provisions of these regulations concerning equipment have been complied with, to the satisfaction of the county health officer, the county board of health, the State health officer, or his representative. Direct violation of any provision of these regulations, after a reasonable period (not to exceed 30 days) has been allowed for compliance, shall be considered sufficient reason for closure by the county health officer, county board of health, the State health officer, or his representative. In case of closure the procedure prescribed in section 723 of the code of 1907, as amended, shall be followed.
SEC. 19. These regulations shall be in effect on and after April 1, 1920.
Places where Food is Prepared for Sale, Served, or Sold-Sanitary Regulation. (Reg. Bd. of H., Effective Apr. 1, 1920.)
SECTION 1. Every restaurant, café, lunch stand, booth, or other establishment in which food is prepared for sale, served, sold, or advertised for sale, shall be housed in a building:
(a) Offering and affording adequate protection from rain, wind, and extremes of temperature;
(b) Having whole, sound, smooth floor, walls, and ceiling;
(c) The floors of which are properly drained;
(d) Provided with space sufficient to give necessary natural light during the daylight hours;
(e) Having at least one passageway leading directly from the kitchen to the exterior;
(f) Of proportions and dimensions ample for the equipment and processes employed therein.
SEC. 2. In communities which maintain a system of public water supply and sewerage, every food-serving establishment herein named, situated within practicable reach of such water supply or sewer line, shall be equipped with running water and a standard sewer-connected sink.
SEC. 3. In communities not maintaining a system of public water supply, a convenient source of water, ample for all needs, shall be available at all times. Such a water supply must meet the approval of the State board of health as to purity.
SEC. 4. Approved facilities for heating water shall be included in the equipment of every food-serving establishment herein named.
SEC. 5. Every food-serving establishment herein named shall be effectively screened or free from flies at all times.
SEC. 6. When the natural light is inadequate (measured by the requirements necessary for purposes of inspection) artificial lighting facilities, ample for all needs, shall be installed.
SEC. 7. All garbage and other wastes shall be kept in suitable, water-tight, properly covered receptacles outside of the kitchen.
SEC. 8. All dishes, cutlery, silver, and glasses shall be washed and scalded after each use and protected from dust, soot, flies, and other soiling in warmers, cupboards, or under cover, until used again. Used and unused glasses shall be kept entirely separate.
SEC. 9. All prepared food shall be protected from dust, flies, the hands of customers, and other contamination.
SEC. 10. Bread, crackers, and similar foods shall be kept in closed, verminproof containers, at least 18 inches from the floor. Prepared food of any kind shall be kept at least this distance from the floor at all times.
SEC. 11. Milk shall be kept at temperature of 50° F. or less. If taken from storage with a dipper, the latter shall be equipped with a spout or with a specially shaped lip.
SEC. 12. All canned and preserved goods, if contained in metal packages, shall be entirely removed from the original container when opened.
SEC. 13. Sugar bowls shall be equipped with lids, and shall be covered at all times except when in actual use.
SEC. 14. Refrigerators, and all compartments in which raw or prepared food is kept, shall be clean at all times.
SEC. 15. Street clothing shall not be worn in the preparation or service of food, except when covered by clean aprons or other garments. Sufficient locker space for the street clothing of employees shall be provided on the premises; but such lockers shall not be located in the kitchen.
SEC. 16. All persons engaged in the preparation or service of food shall wash their hands thoroughly after contact with any soiled or inedible matter before again handling food.
SEC. 17. The use of newspaper, wrapping paper, or any such material not especially prepared and adpted to the purpose, for wrapping prepared food or as a covering for shelves, tables, etc., upon which prepared food or clean dishes, cutlery, silver, or glasses are deposited, is hereby prohibited.
SEC. 18. The premises shall be kept free from rats, mice, and other vermin. SEC. 19. The repeated use of napkins by different persons is hereby prohibited. Toothpicks, when provided, shall be kept in an uncontaminated condition.
SEC. 20. Regular passage through the kitchen of any food-handling establishment herein named, by persons not employed therein nor necessary to the delivery of supplies, is hereby prohibited.