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of pollution or danger to the water supply there exist and whether the rules, regulations and orders aforesaid are obeyed.

SEC. 9. Penalty.-Whoever violates any rule, regulation or order, made under the provisions of section two or section six of this act shall be punished for each offense by a fine of not more than five hundred dollars, to the use of the state, or by imprisonment for not more than one year, or by both such fine and imprisonment.

SEC. 10. Discharge of sewage, etc., into streams and ponds.-No sewage, drainage, refuse, or polluting matter of such kind and amount as either by itself or in connection with other matter will corupt or impair the quality of the water of any pond or stream used as a source of ice or water supply by a city, town, village, public institution or water company for domestic use or rendered injurious to health shall be discharged into any such streams, ponds, or upon their banks.

SEC. 11. Exemptions.—The provisions of the preceding section shall not be applicable to Lake Champlain or Lake Memphremagog.

SEC. 12. Jurisdiction of court of chancery. —The court of chancery, upon the application of a mayor of a city, the selectmen of a town, the trustees or bailiffs of an incorporated village, the managing board or officer of a public institution, or a water or ice company interested, shall have jurisdiction in equity to enjoin the violation of the provisions of section ten.

SEC. 13. Sewage regulations; penalty.-Whoever wilfully deposits excrement or foul or decaying matter in water which is used for the purpose of domestic water supply or on the shore thereof within five rods of the water shall be punished by a fine of not more than fifty dollars or by imprisonment for not more than thirty days; and a constable of a town or police officer of a city or village in which such water is wholly or partially situated, may act within the limits of his city or town and any executive officer or agent of a water board, board of water commissioners, public institution or water company furnishing water or ice for domestic purposes, acting upon the premises of such board, institution or company and not more than five rods from the water, may without a warrant arrest any person found in the act of violating the provisions of this section and detain him until complaint may be made against him therefor. But the provisions of this section shall not interfere with the sewerage of a city, town, village or public institution, or prevent the enriching of land for agriculture by the owner or occupant thereof.

SEC. 14. Salaries and expenses of board.-Each member of the state board of health shall receive four dollars per day and actual expenses while in the discharge of his duties imposed by this act. The state auditor is directed to draw his order on the state treasurer every six months for such sums as are necessary to meet the expenses of said board under the provisions of this act. (Approved December 12, 1902. and Resolves 1902, No. 115, p. 144.)

Acts

VIRGINIA.

GENERAL FOOD LAW.

SEC. 1. Appropriation to enforce food laws.-Be it enacted, etc., That the sum of two thousand dollars be, and the same is hereby, appropriated out of the funds in the treasury not otherwise appropriated, to be drawn, if so ordered by the board of agriculture and immigration, upon the warrant of the commissioner of agriculture, countersigned by the president of said board, and be used and expended as said board may direct for the purpose of enforcing the existing laws and such as may be hereafter enacted prohibiting the sale of adulterated food.

SEC. 2. Date of effect.-This act shall be in force from its passage. (Acts of Assembly, Extra Session 1902-1903, ch. 87, p. 82.)

143

WISCONSIN.

GENERAL FOOD LAW.a

SEC. 4601. (1) Adulterated food and drugs defined; labels; proprietary products.—An article shall be deemed to be adulterated within the meaning of the preceding section:

1. In the case of drugs: First, if, when sold under or by a name recognized in the United States pharmacopoeia, it differs from the standard of strength, quality or purity laid down in the latest current edition thereof; second, if, when sold under or by a name not recognized in said pharmacopoeia, but which is found in the pharmacopoeia of some other country, the national formulary or other standard work on materia medica, it differs materially from the standard of strength, quality or purity laid down in the latest current edition of such work; third, if its strength, quality or purity falls below the professed standard under which it is sold.

2. In the case of food: First, if any substance or substances have been mixed with it, so as to lower or depreciate or injuriously affect its strength, quality or purity; second, if any inferior or cheaper substance or substances have been substituted wholly or in part for it; third, if any valuable or necessary ingredient has been wholly or in part abstracted from it; fourth, if it is an imitation of, or sold under the name of, another article; fifth, if it consists, wholly or in part, of a diseased, infected, decomposed, putrid, tainted or rotten animal or vegetable substance or article, whether manufactured or not; sixth, if it is colored, coated, polished or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is; seventh, if it contains any added substance or ingredient which is poisonous, injurious, or deleterious to health, or any deleterious substance not a necessary ingredient in its manufacture; Provided, That articles of food which are labeled, branded or tagged in a manner showing their exact character and composition and approved by the dairy and food commissioner of the state, and not containing and poisonous or deleterious ingredient, shall not be deemed adulterated in the case of mixtures or compounds sold under their own distinct names or under coined names and which articles, if substitutes, are not in imitation of, or sold under, the name of any other article of food; and

Provided further, That nothing in this act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods to disclose their trade formulas, except so far as may be necessary to secure freedom from adulteration, imitation or fraud.

SEC. 2. Date of effect.—This act shall take effect and be in force from and after its passage and publication. (Statutes 1898, vol. 2, ch. 187, p. 2783 [Bul. 69, p. 450], as amended April 29, 1903, ch. 133, p. 192.)

See also Dairy Products, p. 145.

So in Statutes.

DAIRY PRODUCTS.

SEC. 1. Reports of commissioner; number; contents.—In lieu of the twenty thousand copies of the biennial report of the dairy and food commissioner, as provided in section 335c, of the statutes of 1898, the number of copies of the said biennial report of the dairy and food commissioner shall be ten thousand, and the said dairy and food commissioner may also, with the consent of the governor, and in accordance with the laws regulating the printing and publication of public documents or bulletins, prepare, print and distribute to such persons as may be interested, or may apply therefor, a quarterly or semi-annual bulletin in suitable paper covers, containing results of inspections, results of analyses made by the chemist for the dairy and food commission, with popular explanations of the same, and such other information as may come to him in his official capacity, relating to the adulteration of food, drug and drink products, and of dairy products, so far as he may deem the same of benefit and advantage to the public; also a brief summary of the work done during the quarter by the commissioner and his assistants in the enforcement of the dairy and food laws of the state, but not more than ten thousand copies of each such quarterly bulletin shall be printed.

SEC. 2. Date of effect.—This act shall take effect and be in force from and after its passage and publication. (Approved April 28, 1903. Laws, 1903, ch. 131, p. 190.)

SEC. 1. Assistants to the commissioner; salaries.—In addition to the provisions of section 1410a of the statutes of 1898, the dairy and food commissioner may, with the advice and consent of the governor, appoint an assistant chemist for the dairy and food commission, when needed, who shall be paid not to exceed fifty dollars per month, in the same manner as the analytical chemist is paid; he may also, with such advice and consent, appoint two agents for the inspection of foods, milk dairies, cheese factories and creameries, and to assist in the work of the dairy and food commission at such times and for such periods of time as may be required in the enforcement of the dairy and food laws. The compensation of each of said agents shall be three dollars per day for each day of actual service and his expenses to be audited by the secretary of state on the presentation of accounts approved by the dairy and food commissioner. In addition to the foregoing, the dairy and food commissioner may appoint one expert agent or more for the special inspection of cheese factories and creameries and so far as may be deemed practicable their sources of supply, for such times and periods of time as may be deemed necessary, provided that no cost for compensation or traveling expenses of said expert agents shall thereby be incurred by the dairy and food commissioner.

SEC. 2. Date of effect.-This act shall take effect and be in force from and after its passage and publication. (Approved May 2, 1903. Laws, 1903, ch. 144, p. 208.)

SEC. 1. Collection of dairy statistics by assessor.—It shall be the duty of the assessor of each town, village and city, at the time of making the annual assessment of property, to collect dairy statistics as follows:

Of creameries: The number, the value thereof, the number of patrons contributory, the number of cows contributory, the number of pounds of milk received, the number of pounds of butter made, the amount of money received for products sold during the preceding twelve months;

Of cheese factories: The number, the value thereof, the number of persons contributory, the number of cows contributory, the number of pounds of milk received,

@See Bul. 69, Part 5, p. 451.

26721-No. 83, pt I-04-10

the number of pounds of cheese made, the amount of money received for products sold during the preceding twelve months;

Of milk condensing factories: The number, the value thereof, the number of patrons contributory, the number of cows contributory, the number of pounds of milk received, the number of pounds of condensed milk produced, the amount of money received for the products sold during the preceding twelve months;

Of butter: The number of pounds made on farms, the value thereof;
Of cheese: The number of pounds made on farms, the value thereof;

Of milk: The number of gallons sold by producers other than that furnished or sold to creameries, cheese factories or condensed milk factories.

And said assessor shall make duplicate certificates of such statistics, one of which he shall file in the office of the town, village or city clerk, of his town, village or city as the case may, be, and the other, with the clerk of his county, on or before the first day of August of the same year. The county clerk shall, on or before the fifteenth day of August of each year, forward to the secretary of state to be kept in his office, a certificate of the aggregate number of each of said items or products in his county as ascertained and compiled from the certificates of said assessors.

SEC. 2. Duplicate records; where filed.-It shall be the further duty of each said assessor at the aforesaid time, to make duplicate lists comprising the name and location of each creamery, cheese factory and milk condensing factory located in his town, village or city, and the name and postoffice address of each owner or manager thereof, and the name and postoffice address of each buttermaker or cheesemaker thereof. He shall file one of said duplicate lists in the office of the town, village or city clerk of his town, village or city, as the case may be, and the other with the clerk of his county, on or before the first day of August of the same year. The county clerk shall, on or before the fifteenth day of August of each year, forward to the secretary of state, a corresponding complete list for his county as ascertained from the lists of said assessors.

For the purposes of this act, the term creamery or cheese factory, shall mean a creamery or cheese factory, in which the milk or cream from not less than three separate herds of cows, is manufactured into butter or cheese respectively.

SEC. 3. Compilation of reports.—The secretary of state shall compile in suitable form the information by him received, as provided in the preceding sections, and certify the same to the dairy and food commissioner before the first day of September of each year.

SEC. 4. Secretary of state to furnish blanks, etc.--The secretary of state shall prepare and furnish to the proper officers, all blanks and instructions necessary for carrying out the provisions of this chapter.

SEC. 5. Date of effect.-This act shall take effect passage and publication. (Approved May 9, 1903.

and be in force from and after its Laws, 1903, ch. 187, p. 276.)

SEC. 1. Use of Babcock tests; standard capacity of measures.-In the use of the Babcock test, the standard milk measures or pipettes shall have a capacity of 17.6 cubic centimeters, and the standard test tubes or bottles for milk shall have a capacity of 2 cubic centimeters for each 10 per cent. marked on the necks thereof; cream shall be tested by weight and the standard unit for testing shall be 18 grams, and it is hereby made a misdemeanor to use any other standards of milk or cream measure where milk or cream is purchased by or furnished to creameries or cheese factories and where the value of said milk or cream is determined by the per cent. of butter fat contained in the same, or wherever the value of milk or cream is determined by the per cent. of butter fat contained in the same by the Babcock test.

SEC. 2. Sale of falsely graduated measures.—Any manufacturer, merchant, dealer or agent in this state who shall offer for sale or sell a milk pipette or measure, test tube

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