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SEC. 2. The fact that said Section 23 as it now appears in the Acts of the Twenty-ninth Legislature is defective and of doubtful construction, and the further fact that it does not provide that such bonds may be made by surety companies, and the fact that the selection of depositories for the next two years must be made in February, and the fact that in many counties of the State satisfactory bonds cannot be made under the law as it now stands, create an emergency and imperative public necessity that the Constitutional rule requiring bills to be read on three several days be suspended, and it is so suspended, and that this Act take effect from and after its passage, and it is so enacted.
[NOTE. The enrolled bill shows that the foregoing Act passed the House by the following vote, yeas 108, nays 0; was referred to the Senate, amended and passed by the following vote, yeas 27, nays 0; and that the House concurred in the Senate amendments by the following vote, yeas 99, nays 0.]
Approved March 20, 1909.
Became a law March 20, 1909.
H. B. No. 28.]
PURE FOOD LAW-AMENDMENT.
An Act to amend Chapter 39 of the Acts of the General Laws of the Thirtieth Legislature, entitled "An Act to prohibit and prevent the adulteration, fraud and deception in the manufacture of and sale of articles of food and drugs; prescribing penalties for the violation of this Act; to provide for the appointment of a Dairy and Food Commissioner and to define his powers and duties and to fix his compensation; and to repeal all laws in conflict with the provisions of this Act, and declaring an emergency," so as to more perfectly prevent the manufacture of, sale of, or offering for sale of, misbranded or adulterated food and drugs; to prevent the addition of injurious drugs or articles to foods; to provide for a Dairy and Food Commissioner, one stenographer, one assistant chemist, and two inspectors, fixing their compensation, defining their powers and duties; making an appropriation for the purpose of carrying into effect this Act for the remainder of the fiscal year and providing the payment of unpaid salary and expenses of the Pure Food Commissioner and his assistants that accrued under Chapter 39 of the Acts of the General Laws of the 30th Legislature, and declaring an emergency.
Be it enacted by the Legislature of the State of Texas:
SECTION 1a. That Chapter XXXIX, Acts of the General Laws of the Thirtieth Legislature, entitled "An Act to prohibit and prevent adulteration, fraud and deception in the manufacture and sale of articles of food and drugs, prescribing penalties for the violation of this Act, to provide for the appointment of a Dairy and Food Commissioner, and to define his powers and duties, and to fix his compensation, and to repeal all laws in conflict with the provisions of this Act, and declaring an emergency," be so amended as to hereafter read as follows:
Sec. 1. That no person, firm or corporation shall within this State manufacture for sale, have in his possession with the intent to sell, offer or expose for sale, or sell or exchange any article of food, drink or drugs which is adulterated or misbranded within the meaning of this Act The
term "food" as used herein shall include all articles used for food, drink, flavoring, confectionery, or condiment, by man, whether simple, mixed or compound. That the term "drug" as used in this Act shall include all medicines and preparations for internal or external use recognized in the United States Pharmacopoeia or National Formulary, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either man or animal.
SEC. 2. That for the purposes of this Act an article shall be deemed to be adulterated:
(a) In the case of drugs: (1) If, when sold under or by a name, recognized in the eighth decennial revision of the United States Pharmacopoeia or in such United States Pharmacopoeia as was officia! at the time of labeling it, or in the National Formulary, it differs from the standard strength, quality or purity laid down therein; (2) if, when sold under or by a name not recognized in the eighth decennial revision of the United States Pharmacopoeia, but which is found in some other pharmacopoeia or other standard work on materia medica, it differs materially from the standard of strength, quality or purity laid down in such work; (3) if its strength, quality or purity falls below the professed standard under which it is sold.
(b) In the case of confectionery: If it contain terra alba, barytes, tale, chrome yellow or other mineral substance or poisonous color or flavor, or other ingredients deleterious or detrimental to health, or any vinous, malt or spirituous liquor or compound or narcotic drug.
(c) In the case of food: (1) If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength; (2) if any substance has been substituted wholly or in part for the article; (3) if any valuable constituent of the article has been wholly or in part abstracted, or if the product be below that standard of quality, strength or purity represented to the purchaser or consumer; (4) if it be mixed, colored or powdered, coated or stained in a manner whereby damage or inferiority is concealed; (5) if it contain any added poisonous or other added deleterious ingredient which may render such article injurious to health, provided, that when in the preparation of food products for shipment they are preserved by any external application applied in such manner that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise, and directions for the removal of said preservative shall be printed on the covering of the package, the provisions of this Act shall be construed as applying only when said products are ready for consumption; (6) if it consists in whole or in part of a filthy, decomposed or putrid animal or vegetable substance, or any portion of an animal or vegetable unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter.
SEC. 3. That the term "misbranded," as used herein, shall apply to all drugs or other articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design or device regarding such article or the ingredients or substances contained therein/which shall be false or misleading in any particular.
That for the purposes of this Act an article shall also be deemed to be misbranded:
(a) In the case of drugs: (1) if it be an imitation of or offered for sale under the name of another article; (2) 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 the package fail to bear a statement on the label of the quantity or proportion of any alcohol, morphine, phenacetin, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances contained therein. (b) In the case of food: (1) If it be an imitation of or offered for sale under the distinctive name of another article; (2) if it be labeled or branded so as to deceive or mislead the purchaser or purport to be a foreign product when not so, 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 fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, phenacetin, chloroform, cannabis indica, chloral hydrate or acetanilid, or any derivative or preparation of any of such substances contained therein; (3) if in package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package; (4) if the package containing it or its labels bear any statement, design or device regarding the ingredients or the substances 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 ingredient shall not be deemed to be adulterated or misbranded in the following cases: First, In case of mixtures of 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 statement of the place where said article has been manufactured or produced; second, in the case of articles labeled, branded or tagged so as to plainly indicate that they are compounds, imitations or blends; 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 and flavoring only; and provided, further, that nothing in this Act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain unwholesome added ingredients to disclose their trade formulas except in so far as the provisions of this Act may require to secure freedom from adulteration or misbranding.
SEC. 4. Every dealer or peddler in slaughtered flesh, meats, fish, fowl or game for human food, at wholesale or retail, in the transportation of such food from place to place to customers, or in storing or keeping same for sale, shall protect the same from dust, flies, and other vermin or substances which may injuriously affect it, by securely covering it while being so transported, stored or kept.
SEC. 5. It shall be unlawful for any person to manufacture, sell, offer or expose for sale or exchange any cider not produced wholly from the juice of fruit.
SEC. 6. It shall be unlawful for any person to manufacture, sell, offer or expose for sale, or exchange any article of food to which has been added formaldehyde, boric acid, benzoic acid or benzoates, sulphurous acid or sulphite, salicylic acid or salicylates, abrastols, beta napthol, fluorine compounds, dulcin, gluein, cocaine, sulphuric acid or other mineral acid except phosphoric acid, any preparation of lead or copper or other ingredient injurious to health; provided, that nothing in this Act shall be construed as prohibiting the sale of catsups, sauces, concentrated fruits, fruit juices, and like substances, preserved with one-tenth of one per cent of benzoate of soda, or the equivalent benzoic acid, when a statement of such fact is plainly indicated upon the label; provided, further, that the oxides of sulphur may be used for bleaching, clarifying and refining food products.
SEC. 7. Whoever manufactures for sale within this State, or offers or exposes for sale or exchange or sells, any baking powder or compound intended for use as a baking powder under any name or title whatsoever, shall securely affix or cause to be securely affixed to the outside of every box, can or package containing such baking powder or like mixture, or compound, a label distinctly printed in plain capital letters in the English language, containing the name and residence of the manufacturer or dealer, and the ingredients of the baking powder. Baking powder containing less than 10 per cent of available carbon dioxide shall be deemed to be adulterated.
SEC. 8. That it shall be unlawful for any person, either by himself or agent, to sell or expose for sale or exchange any unwholesome watered, adulterated or impure milk, or swill milk or colostrum, or milk from cows kept upon garbage, swill or any other substance in a state of fermentation or putrifaction or other deleterious substances, or from cows kept in connection with any family in which there are infectious diseases, or from sick or diseased cows; provided, "skim milk" may be sold if on the can, or package from which such milk is sold, the words "skim milk" are distinctly painted in letters not less than one inch in length.
SEC. 9. Authority is hereby given the common council or commission of any city or town to appoint an inspector of milk in any such city or town, and to fix his compensation.
SEC. 10. That 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 within this State or in the United States from whom he purchases such article, to the effect that the same is not adulterated or misbranded within the meaning of this Act, designating it. Said guaranty, to afford protection, shall contain the name and address of the party making the sale of such articles to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines and other penalties which would attach, in due course, to the dealer under the provisions of this Act.
SEC. 11. Whoever shall do any of the acts or things prohibited, or wilfully neglect or refuse to do any of the acts or the things enjoined by this Act, or in any way violate any of its provisions, shall be deemed guilty of a misdemeanor, and shall be punished by a fine of not less than $25.00 nor more than $200.00.
SEC. 12. Immediately after the taking effect of this Act, or as soon thereafter as practicable, the Governor shall appoint a suitable person to be Dairy and Food Commissioner, who shall be a practical analytical chemist and bacteriologist, which office is hereby created, and which commissioner so appointed shall hold office for term of two years or until his successor is appointed and qualified; provided, the present Dairy and Food Commissioner shall hold office until his successor is appointed and qualified. Said commissioner shall receive an annual salary of $2,000.00. Before entering upon the duties of his office he shall subscribe and file in the office of the Secretary of State an oath of office in the form prescribed by law, and shall enter into bond with the State of Texas. in the sum of $10,000.00, with sureties to be approved by the Governor, conditioned for the faithful performance of his duties.
SEC. 13. The Governor shall have the power to remove such commissioner at any time in his discretion, and in case of a vacancy in the office of commissioner from any cause, the Governor may appoint another person to fill the same.
SEC. 14. The said commissioner is hereby authorized and empowered, with the advice and consent of the Governor, to appoint an assistant commissioner, who shall be a practical analytical chemist. The salary of the assistant commissioner shall be $1200.00 per annum. The assistant commissioner shall enter into bond with the State of Texas for the sum of $5,000.00, with sureties to be approved by the commissioner, conditioned for faithful performance of his duties.
SEC. 15. The commissioner shall appoint one stenographer for the transaction of the business of his office. Said stenographer shall receive an annual salary of not to exceed the sum of $900.00.
SEC. 16. The commissioner shall have power to appoint two inspectors at a salary of not to exceed $1200.00 per annum each, whose duties it shall be to collect samples of foods and drugs and make such inspection of foods and drugs, and places where foods and drugs are manufactured, or kept for sale, and to perform such other duties as may be prescribed and directed by the commissioner, according to his rules and regulations.
SEC. 17. The actual and necessary expenses of the Dairy and Food Commissioner and his assistants and deputies in the performance of their official duties shall be paid by the State. The amounts for the same shall be audited by the Comptroller and upon his warrant drawn upon the State Treasury; provided, that the actual and necessary expenses of the said Dairy and Food Commissioner, and his assistants and deputies shall never exceed $4,000.00 per year.
SEC. 18. Office room shall be furnished in the College of Industrial Arts located at Denton, Texas, and the necessary fixtures, apparatus and the necessary stationery, supplies and printing for the conduct of the business of the said commissioner shall be under the supervision of the board of directors of the College of Industrial Arts of Texas.
Provided, that the Board of Directors of said college shall have no power to supervise, direct, control or in any manner interfere with said Dairy and Food Commissioner in the performance of the duties of his office, but the supervisory powers of said board shall only extend to the