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sections, or by refusing to deliver to him any dairy products or imitations thereof upon demand, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars or by imprisonment for not less than one month or more than six months, or by both such fine and imprisonment. L. '05, Ch. 92, P. 198, Sec. 9.

Sec. 41. To carry out the provisions of this act there is hereby appropriated out of the general fund, not otherwise appropriated the sum of two thousand dollars ($2,000). L. '05, Ch. 92, P. 198, Sec. 10.

Note.-Sections 9, 33, 34, 35, 36, 37, 38, 39, 40 and 41 above constitute chapter 92 of the Session Laws of 1905.

TO PROVIDE AGAINST THE ADULTERATION OF GROUND FOOD FOR LIVE STOCK.

[Chapter CI, Session Laws 1905.]

An Act to provide against the adulteration and sale of meal or ground grains used for feeding farm live stock, declaring the same a misdemeanor, providing a penalty therefor, and requiring the State Dairy and Food Commissioner, Attorney General and Prosecuting Attorneys to enforce the provisions hereof.

Be it Enacted by the Legislature of the State of Washington:

Section 1. Any person who shall adulterate any kind of meal or ground grain used for feeding farm live stock, with milling or manufacturing offals, or any other substance whatever, for the purpose of sale, unless the true composition, mixture or adulteration thereof is plainly marked or indicated upon the package, sacks or bags containing the same or in which it is offered for sale;

or any person who knowingly sells or offers for sale any meal or ground grain which has been so adulterated unless the true composition, mixture or adulteration is plainly marked or indicated upon the package containing the same, or in which it is offered for sale, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars ($25) nor more than one hundred dollars ($100) for each and every offense, by imprisonment for not less than one month or more than six months, or by both such fine and imprisonment.

Sec. 2. The State Dairy and Food Commissioner, the chemist of the state agricultural experiment station, the State Attorney General and the Prosecuting Attorneys of the several counties of this state are hereby required, without additional compensation, to assist in the enforcement and execution of this act, and in the prosecution of all persons charged with the violation thereof, in like manner and with like powers as they are now authorized and required by law to enforce the laws of this state against the adulteration of food and fraud in the sale thereof.

PROHIBITING THE SALE OF ADULTERATED MILK OR OTHER FOOD PRODUCT.

[Chapter L, Laws of 1905.]

An Act prohibiting the sale of milk or any food product in which formaldehyde or other poisonous substances shall have been mixed as an ingredient; declaring the same a felony; providing a penalty therfor; and requiring the State Dairy and Food Commissioner, Attorney General and Prosecuting Attorneys to enforce the provisions hereof.

Be it enacted by the Legislature of the State of Washington:

Section 1. Any person who shall sell, offer to sell, or have in his possession for the purpose of

sale, either as owner, proprietor, or assistant, or in any manner whatsoever, whether for hire or otherwise, any milk or any food products, containing the chemical ingredient commonly known as formaldehyde, or in which any formaldehyde or other poisonous substance has been mixed, for the purpose of preservation or otherwise, shall be guilty of a felony, and upon conviction thereof shall be imprisoned in the penitentiary for the period of not less than one (1) year nor more than three (3) years.

Sec. 2. This act shall be supplementary to the laws of this state now in force prohibiting the adulteration of food and fraud in the sale thereof; and the State Dairy and Food Commissioner, the chemist of the state agricultural experiment station, the State Attorney General and the prosecuting attorneys of the several counties of this state are hereby required, wihout additional compensation, to assist in the execution of this act, and in the prosecution of all persons charged with the violation thereof, in like manner and with like powers as they are now authorized and required by law to enforce the laws of this state against the adulteration of food and fraud in the sale thereof.

PART II-PURE FOOD LAWS.

FOOD AND DRUG ACT.

[Chapter No. 211, Laws 1907.]

An Act to provide against the adulteration of foods, drinks and drugs, and fraud in the sale thereof, creating a State Board of Food Commission, defining their duties and providing for the appointment of an officer to be known as the State Dairy and Food Commissioner; providing for the enforcement of the law and fixing a penalty for the violation thereof; making an appropriation and repealing chapter XCIV of the Laws of 1901 as amended by chapter 51 of the Laws of 1905, being an act entitled "An Act to provide against the adulteration of food and fraud in the sale thereof; creating a State Board of Food Commission; defining their duties and providing for the appointment of an officer to be known as the State Dairy and Food Commissioner; providing for the enforcement of the law and fixing a penalty for the violation thereof; making an appropriation, declaring an emergency, and repealing 'An Act to provide against the adulteration of food," approved March 13, 1899," approved March 16, 1901.

Be it enacted by the Legislature of the State of Washington:

Section 1. No person, firm or corporation shall, within this state, sell, offer for sale, have in his possession witn intent to sell, or manufacture for sale, any article of food or drug which is adulterated or misbranded within the meaning of this act.

Sec. 2. That the term "drug," as used in this act, shall include all medicines and preparations

recognized in the United States Pharmacopeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation or prevention or disease of either man or other animals. The term "food," as used herein, shall include all articles used for food, drink, confectionery or condiment by man or other animals, whether simple, mixed or compound.

Sec. 3. That for the purposes of this act an article shall be deemed to be adulterated:

In the case of drugs:

First: If, when a drug is sold under or by a name recognized in the United States Fharmacopoeia or National Formulary, it differs from the standard of strength, quality or purity, as determined by the test laid down in the United States Pharmacopoeia or National Formulary official at the time of investigation: Provided, That no drug defined in the United States Pharmacopoeia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality or purity be plainly stated upon the bottle, box or other container thereof, although the standard may differ from that determined by the test laid down in the United States Pharmacopoeia or National Formulary.

Second: If its strength or purity fall below the professed standard or quality under which it is sold.

In case of confectionery:

If it contains terra alba, barytes, talc, chrome yellow or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt or spiritous liquor or compound or narcotic drug. In case of food:

First: If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength.

Second: If any substance has been substituted wholly or in part for the article.

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