have neglected for four weeks to make such changes in his factory or workshop as shall have been ordered by an inspector of factories by a notice in writing delivered to or received by such employer. and school proper sanitary a provisions. 1888, 149, § 1. 197. Every public building and every schoolhouse shall be Public buildings kept in a cleanly state and free from effluvia arising from any houses to have drain, privy or other nuisance, and shall be provided with sufficient number of proper water closets, earth closets, or privies for the reasonable use of the persons admitted to such public building or of the pupils attending such schoolhouse. 198. Every public building and every schoolhouse shall be ventilated in such a proper manner that the air shall not become so exhausted as to be injurious to the health of the persons lated. present therein. The provisions of this section and the preceding section shall be enforced by the inspection department of the district police force. Public buildings houses to be properly venti and school 1888, 149, § 2. issue orders provisions of ures. 199. Whenever it shall appear to an inspector of factories Inspectors to and public buildings that further or different sanitary pro- directing the visions or means of ventilation are required in any public sanitary measbuilding or schoolhouse in order to conform to the requirements 1888, 149, § 3. of this act, and that the same can be provided without incurring unreasonable expense, such inspector may issue a written order to the proper person or authority directing such sanitary provisions or means of ventilation to be provided, and they shall thereupon be provided in accordance with such order by the public authority, corporation or person having charge of, owning or leasing such public building or schoolhouse. violation. 200. Any school committee, public officer, corporation or Penalty for person neglecting for four weeks after the receipt of an order 1888, 149, § 4. from an inspector, as provided in the preceding section, to provide the sanitary provisions or means of ventilation required thereby shall be punished by fine not exceeding one hundred dollars. terms used in 1888, 149, § 5. 201. The expression "public building" used in this act Definition of means any building or premises used as a place of public enter- the act. tainment, instruction, resort or assemblage. The expression "schoolhouse means any building or premises in which public or private instruction is afforded to not less than ten pupils at one time. GENERAL LAWS RELATIVE TO ADULTERATION. FOOD AND DRUGS. 1. No person shall, within this Commonwealth, manufacture for sale, offer for sale, or sell any drug'or article of food which is adulterated within the meaning of this act. 2. The term "drug" as used in this act shall include all medicines for internal or external use, antiseptics, disinfectants and cosmetics. The term "food" as used herein shall include confectionery, condiments and all articles used for food or drink by man. 3. An article shall be deemed to be adulterated within the meaning of this act, (a.) In the case of drugs, - (1.) If, when sold under or by a name recognized by the United States Pharmacopœia, it differs from the standard of strength, quality or purity laid down therein, unless the order calls for an article inferior to such standard, or unless such difference is made known or so appears to the purchaser at the time of such sale; (2.) If, when sold under or by a name not recognized in 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 or purity falls below the professed standard under which it is sold: (b.) In the case of food, - (1.) If any substance or substances have been mixed with it so as to reduce, or lower, or injuriously affect its quality or strength; (2.) If any inferior or cheaper substance or substances have been substituted wholly or in part for it; (3.) If any valuable constituent has been wholly or in part abstracted from it; (4.) If it is an imitation of, or is sold under the name of, another article; (5.) If it consists wholly or in part of a diseased, decomposed, putrid or rotten animal or vegetable substance, whether manufactured or not, or, in the case of milk, if it is the produce of a diseased animal; (6.) If it is colored, coated, polished or powdered, whereby damage is concealed, or if it is made to appear better or of greater value than it really is; (7.) If it contains any added poisonous ingredient, or any ingredient which may render it injurious to the health of a person consuming it. Provisions of act not to apply to labelled com pounds or mix 4. The provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles of food or drinks, provided that the same are not injurious to health, and are tures when not injurious to distinctly labelled as mixtures or compounds. And no prose- health. cutions shall at any time be maintained under said act concerning any drug the standard of strength or purity whereof has been raised since the issue of the last edition of the United States Pharmacopoeia, unless and until such change of standard has been published throughout the Commonwealth. and and No prosecution to be made rela tive to drugs, if standard of same has been raised since the issue of the last edition of the Pharmacopoeia until such change has been published. 1884, 289, § 5. State board shall make investiga tions and may appoint inspectors, analysts 1882, 263, § 5. The board shall make regula tions as to col lecting and 5. The state board of health shall take cognizance of the interests of the public health relating to the sale of drugs food and the adulteration of the same, and shall make all necessary investigations and inquiries in reference thereto, for these purposes may appoint inspectors, analysts and chemists, and chemists. who shall be subject to its supervision and removal. Within thirty days after the passage of this act the said board shall adopt such measures as it may deem necessary to facilitate the enforcement hereof, and shall prepare rules and examining regulations with regard to the proper methods of collecting and examining drugs and articles of food. Said board may expend annually an amount not exceeding ten thousand dollars for the purpose of carrying out the provisions of this act: provided, however, that not less than three-fifths of said amount shall be annually expended for the enforcement of the laws against the adulteration of milk and milk products. 6. Every person offering or exposing for sale, or delivering to a purchaser, any drug or article of food included in the provisions of this act, shall furnish to any analyst or other officer or agent appointed hereunder, who shall apply to him for the purpose and shall tender him the value of the same, a sample food and drugs, and may expend ten thousand dollars annually the provisions 1882, 283, § 5. 1884, 289, § 1. in carrying out of this act. Three-fifths to be expended in relation to milk and its products. 1884, 289, § 1. samples to be furnished to offi cers or agents. 1882, 263,88. 318, § 1. See also 1886, Obstruction and State board to report prosecu expended. sufficient for the purpose of the analysis of any such drug or article of food which is in his possession. 7. Whoever hinders, obstructs, or in any way interferes with any inspector, analyst, or other officer appointed hereunder, in the performance of his duty, and whoever violates any of the provisions of this act, shall be punished by a fine not exceeding fifty dollars for the first offence, and not exceeding one hundred dollars for each subsequent offence. 8. The state board of health shall report annually to the tions and money legislature the number of prosecutions made under chapter two hundred and sixty-three of the acts of eighteen hundred and eighty-two, and an itemized account of all money expended in carrying out the provisions thereof. 1883, 263, § 2. 1884, 289, 2. Powers of inspectors. 1884, 289, § 3. Act of 1882 does not affect chap. 9. An inspector appointed under the provisions of said chapter two hundred and sixty-three of the acts of the year eighteen hundred and eighty-two shall have the same powers and authority conferred upon a city or town inspector by section two of chapter fifty-seven of the Public Statutes. 10. Nothing contained in chapter two hundred and sixtyter 57 of the P.S. three of the acts of the year eighteen hundred and eighty-two shall be in any way construed as repealing or amending anything contained in chapter fifty-seven of the Public Statutes. 1884, 289, § 4. Samples to be sealed for bene fit of defendant. 1884, 289, § 8. 11. Before commencing the analysis of any sample the person making the same shall reserve a portion which shall be sealed; and in case of a complaint against any person the reserved portion of the sample alleged to be adulterated shall upon application be delivered to the defendant or his attorney. 12. Whoever knowingly sells any kind of diseased, corprovisions with rupted, or unwholesome provisions, whether for meat or drink, P.S., c. 208, § 1. without making the same fully known to the buyer, shall be punished by imprisonment in the jail not exceeding six months, or by fine not exceeding two hundred dollars. Selling corrupt or unwholesome out notice. 1784 Adulterating The gist of the offence under this section consists in the guilty knowledge or evil intent of a party in selling what he knows to be unfit for food. The sale, of itself, is not made criminal; but it is the sale coupled with the knowledge of the diseased state of the thing sold which constitutes the offence. Commonwealth v. Boynton, 12 Cush. 499. 13. Whoever fraudulently adulterates, for the purpose of P.S., c. 208, § 3. sale, bread or any other substance intended for food, with food. R. S., 1836. any substance injurious to health, or knowingly barters, gives away, sells, or has in possession with intent to sell, any substance intended for food, which has been adulterated with any substance injurious to health, shall be punished by imprisonment in the jail not exceeding one year, or by fine not exceeding three hundred dollars; and the articles so adulterated shall be forfeited, and destroyed under the direction of the court. 14. Whoever adulterates, for the purpose of sale, any Adulterating liquor used or intended for drink, with Indian cockle, vitriol, grains of paradise, opium, alum, capsicum, copperas, laurelwater, logwood, Brazil wood, cochineal, sugar of lead, or any other substance which is poisonous or injurious to health, and whoever knowingly sells any such liquor so adulterated, shall be punished by imprisonment in the state prison not exceeding three years; and the articles so adulterated shall be forfeited. liquor used for drink, with In dian cockle, etc. P.S., c. 208, § 4. R. S., 1836. drugs or medi cines. P. S., 208, § 5. 15. Whoever fraudulently adulterates, for the purpose of Adulteration of sale, any drug or medicine, or sells any fraudulently adulterated drug or medicine, knowing the same to be adulterated, shall be punished by imprisonment in the jail not exceeding 1853 one year, or by fine not exceeding four hundred dollars; and such adulterated drugs and medicines shall be forfeited, and destroyed under the direction of the court. certain poisons etc. 16. Whoever sells arsenic (arsenious acid), atropia or any Persons selling of its salts, chloral hydrate, chloroform, cotton root and its fluid to keep records, extract, corrosive sublimate, cyanide of potassium, Donovan's solution, ergot and its fluid extract, Fowler's solution, laudanum, McMunn's elixir, morphia or any of its salts, oil of pennyroyal, oil of savin, oil of tansy, opium, Paris green, Parsons' vermin exterminator, phosphorus, prussic acid, "rough on rats," strychnia ́or any of its salts, tartar emetic, tincture of aconite, tincture of belladonna, tincture of digitalis, tincture of nux vomica, tincture of veratrum viride, without the written perscription of a physician, shall keep a record of such sale, the name and amount of the article sold, and the name and residence of the person or persons to whom it was delivered, which record shall be made before the article is delivered, and shall at all times be open to inspection by the officers of the district police and by the police authorities and officers of cities and towns. Who- Penalty for ever neglects to keep or refuses to show to said officers such fusal to show record shall be punished by fine not exceeding fifty dollars. neglect or re record. |