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unclean, or have insanitary surroundings, or drainage, or under conditions favorable to unhealthfulness or disease. Milk to be sold for consumption as such, within one hour after it is received, shall be cooled to a temperature not higher than 60° F., and shall be kept at such temperature until delivered.
RULE 15. Every person engaged in the production, storage, transportation, sale, delivery, or distribution of milk, immediately on the occurrence of any case or cases of typhoid fever, scarlet fever, or any other communicable disease which may be carried by milk, either in himself or his family or among his employees or their immediate associates, or within the building or premises where milk is stored, sold, or distributed, shall notify the local health officer.
RULE 16. No person having a communicable disease which may be carried by milk, or having recently been in contact with a person having such disease, shall milk or handle cows, measures, or other vessels used for milk or milk products intended for sale until all danger of communicating such disease to other persons shall have passed, as determined by the local health officer.
RULE 17. No vessels which have been handled by persons suffering from communicable diseases which may be carried by milk shall be used to hold or convey milk until they have been thoroughly sterilized.
RULE 18. No bottle, can, or receptacle used for the reception or storage of milk shall be removed from a private house, apartment, or tenement wherein an infectious disease exists until such bottle, can, or receptacle shall have been properly sterilized under the direction of the local health officer.
Meat, Fish, Fowl, or Game-Protection of, While Being Transported. (Reg. Bd. of H., Nov. 8, 1920.)
REG. 54. Sanitary requirements in the transportation of meats, fish, fowl, and game.-Every dealer in slaughtered fresh meats, fish, fowl, or game for human food, at wholesale or retail, at any established place or as a peddler, in the transportation of such food from place to place to customers shall protect the same from dust, flies, and other vermin or substance which may injuriously affect it by securely covering it while being so transported.
Food and Drugs-Analyses-Standards-Adulteration and Misbranding— Labeling-Organization and Duties of Division of Food and Drugs Under State Board of Health. Water Supplies-Analyses. (Reg. Bd. of H., Nov. 8, 1920.)
REG. 48. Division of Chemistry.-The State chemist will make, free of charge, the following examinations:
1. Chemical analyses of foods and drugs.
2. Sanitary, chemical, and bacteriological analyses of samples of water from the water supply of towns or school districts.
General instructions.-The samples of foods and drugs for analysis must be collected by the food and drug inspectors appointed by the State board of health and supervised by the pure food commissioner, to whom reports of such analyses are made.
Analyses of samples of water from the water supply of towns or school districts will be made "whenever such water supplies are suspected of being contaminated,” but such analyses are made only on request of the authorities of the towns or school districts in which said suspected water sources are located. Reports of such analyses will be made to municipal health officers or other authorities concerned. In sending samples of water state definitely to whom the report is to be sent. A copy of all these reports is placed on file in the office of the State board of health.
Samples of water can be sent only in bottle and container supplied with ice, such as are specified by the State chemist. Early attention to the condition of any water would be favored by the purchase by each board of county commissioners in the State of such specified bottle and container, information concerning the cost of which may be had from the State chemist or the State board of health.
Directions accompanying the bottle for water samples.-This bottle has been sterilized. Rinse it in some of the water to be analyzed. Then fill it. Do not let anything touch that part of the stopper that fits into the neck of the bottle. Tie a clean piece of cloth over the stopper. Put ice around the bottle in the container and ship, express prepaid, to the State chemist, Boulder, Colo.
P. S. Do not ship so that the container will arrive in Boulder on a Saturday, Sunday, or holiday.
REG. 49. Division of food and drugs.-RULE 1. Articles subject to Federal jurisdiction; original packages.-The provisions of the Colorado Food and Drugs Act do not apply in the case of articles of food and drugs remaining in original packages and the subject of interstate commerce under the Federal jurisdiction. The term "original package" as used in section 1 of the act is the original package, carton, case, can, box, barrel, bottle, vial, or other receptacle put up by the manufacturer or dealer, to which the label is attached, or which may be suitable for the attachment of a label, making one complete package of the food or drug article. The original package contemplated includes both the wholesale and the retail package.
When for any reason an adulterated or misbranded article of food or drug passes beyond the Federal control of interstate commerce within the State, it immediately becomes subject to all the provisions of the Colorado Food and Drug Act, and the shipper or dealer liable to all the penalties imposed thereby.
RULE 2. Collection and identification of official samples.-Food and drug inspectors are hereby authorized to collect samples of food and drug products for analysis, as are also the health officers of cities, towns, and counties of the State.
An official sample is one upon which prosecution may be based. The following rules governing the collection and preparation of official samples must be observed:
a. Samples may be purchased in the open market.
b. Collectors shall collect representative samples.
c. If in bulk, the marks, brands or tags, or accompanying printed or written matter shall be noted.
d. Samples taken from food and drug products sold in bulk shall be immediately inclosed in suitable containers and sealed by the inspector collecting such samples.
e. The inspector shall write upon the seal, in ink or indelible pencil, the date of taking sample, his serial number and his name in full, for the purpose of identifying said sample.
f. Inspectors' seals shall be so attached that the sample may be opened by the analyst without destroying the identification marks.
g. Samples sold in sealed packages or other containers shall, for the purpose of identification, be sealed and marked by the collector in the manner above described.
h. In all cases where samples are taken for analysis a like sample sealed and marked for identification, as in the case of the original sample, shall, upon request, be left with the vendor or his agent. In the case of samples taken from bulk, the sample left with the vendor shall be a part or division of the original sample taken for analysis.
i. Whenever a sample is taken for bacteriological examination such sample and a duplicate thereof shall be placed in properly sterilized receptacles furnished by the division of food and drugs.
j. Inspectors shall keep a permanent record of all samples collected, which record shall include identification marks and dates noted upon the seal, together with the name of the person or persons from whom purchased, all material statements appearing upon the label, such as indicate the nature or composition of the drug or food product, and the date and manner of delivery of such sample to the food and drug commissioner.
k. Samples collected for analysis shall be delivered without unnecessary delay to the food and drug commissioner.
RULE 3. Methods of analysis.—Unless otherwise directed by the State board of health, the methods of analysis employed shall be those prescribed by the Association of Official Agricultural Chemists and the United States Pharmacopoeia.
In cases where the food sample under investigation is of a perishable nature, or where the adulteration is due to decomposition or to the presence of filthy, decomposed or putrid animal or vegetable substance, which may readily be disclosed by physical examination, such examination may be made by the food commissioner or food inspectors, and action based thereon.
RULE 4. Hearings.-When the analysis or examination of an official sample shows that an article of food or drug is adulterated or misbranded within the meaning of this act, the food and drug commissioner shall give notice to the party or parties against whom prosecution lies under this act for the manufacture, sale, or shipment of the adulterated or misbranded product, and fix a time and place at which such party or parties may be heard.
Unless otherwise ordered by the State board of health, the food and drug commissioner shall conduct all such hearings, and in all cases wherein it shall appear that the provisions of this act have been violated, shall give notice to the district attorney of the proper judicial district. Said notice to the district attorney shall include all material facts in connection with the case, together with an authenticated copy of the report of the analyst or other officer making the examination, and a transcript of all evidence submitted and all matters considered at such hearing.
Hearings shall be private and confined to questions of fact. The parties interested therein may appear either in person or by attorney, and may submit proper interrogatories to be propounded by the officer conducting the hearing. Such hearing shall not include the right of cross-examination.
The purpose of the hearing herein required is to discover all material facts in connection with each case wherein a violation of the food and drugs act is alleged, and to this end the food and drug commissioner shall permit the widest possible latitude as to the scope of the inquiry and the nature of the evidence submitted.
Employees of this department are not permitted to disclose any of the evidence submitted or matters considered at hearings, except as such may be certified to the district attorney for action.
RULE 5. Publication.-When a judgment of the court shall have been rendered there may be a publication of the findings of the analyst or examiner, together with the decision of the court. These publications may be in the form of circulars, notices of judgment, or bulletins, as the food and drug commissioner may direct, and shall not be made prior to 30 days after judgment. If an appeal be taken from the judgment of the court, notice of appeal must be included in the notice of judgment or other publication.
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.
56 Ponceau 3R.
Dyes listed in A. C. Green's 1904 Edition of the Schultz Julius Systematic Survey of the Organic Coloring Matters:
435 Light green S. F. yellowish. Orange shade
85 Orange 1.
4 Napthol yellow 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.