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Third: If any valuable constituent of the article has been wholly or in part abstracted.
Fourth: If it be mixed, colored, powdered, coated or stained in a manner whereby damage or inferiority is concealed.
Fifth: If it contains any added poisonous or other added deleterious ingredient which may ren. der 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 preservatives shall be printed on the covering or the package, the provisions of this act shall be construed as applying only when said products are ready for consumption.
Sixth: If it consists in whole or in part of a filthy decomposed or putrid animal or vegetable substance, or any portion of an animal unfit for food, whether manufactured or not, or if it is in the product of a diseased animal, or one that has died otherwise than by slaughter.
Sec. 4. That the term "misbranded," as used herein, shall apply to all drugs, or 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, and to any food or drug product which is falsely branded as to the state, territory or country in which it is manufactured or produced.
That for the purposes of this act an article shall also be deemed to be misbranded.
In case of drugs:
First: If it be an imitation of or offered for sale under the name of another article.
Second: If the contents of the package as origiraily 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, opium, cocaine, heroin, alpha or beta encaine, chloroform, cannabis indica, chloral hydrate or acetanilide, or any derivative or preparation of any such substances contained therein.
In the case of food:
First: If it be an imitation of or offered for sale under the distinctive name of another article.
Second: 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, harion, alpha, or beta eucaine, chloroform, cannabis indica, chloral hydrate or acetanilide, or any derivative or preparation of any substances contained therein.
Third. If the net weight or net measure of such package, bottle or container be given, and it shall not be the true net weight or net measure.
Fourth: If the package containing it or its label shall bear any statement, design or device regarding the ingrerlients or the substances contained therein, which statement, design or device shall be false or misleading in any particular: Provided, That an article or food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases:
First: In the cases of mixtures or 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 a statement of the place
where said article has been manufactured or produced.
Second: In the case of articles labeled, branded or tagged so as plainly to indicate that they are compounds, imitations or blends, and the words "compound,” “imitation" or "blend” as the case may be, is plainly stated on the package in which it is offered for sale: Provided, That the term "blend" as used herein shall be construed to mean a mixture of like substances, not excluding harmless coloring and 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 proprietory foods which contain no unwholesome added ingredient to disclose their trade formulas, except in so far as the provisions of this act may require to secure freedom from adulteration or misbranding.
S53. 5. No dealer shall be prosecuted under the provisions of this act if he shall prove a written guaranty of purity in a form approved by the Dairy and Food Commissioner: Provided, That the guarantor is a resident of the State of Washington. The guaranty referred to herein shall contain the full name and address of the person, firm or corporation making the sale to the dealer, and such person, firm or corporation shall be held liable to all prosecutions, fines and other penalties which would attach to the dealer under the provisions of this act. Sec. 6: Possession by any person,
firm or corporation of any article of food or drug, the sale of which is prohibited by this act, or being the consignee thereof, shall be prima facie evidence that the same is kept or shipped to the said per-son, firm or corporation in violation of the provisions of this act, and the Dairy and Food Commissioner is hereby authorized to seize upon and take into his possession such articles of food and thereupon apply to the superior court of the county in which such food is seized for an order directing him to dispose of or sell the same and apply the proceeds of the same to the general fund, less the amount required to reimburse the purchaser for actual loss as shown by the bill, provided he or they have a guaranty as required in section 5: Provided, however, That the Dairy and Food Commissioner shall first give notice to the person, firm or corporation in whose possession such goods are found, if in the possession of a common carrier, then the consignees of such food or drug, notifying such person, firm or corporation that he has seized such foods or drugs, and the reasons therefor, and that he has made an application to the superior court for an order to sell or dispose of the same, and that he will call up said application for hearing on a day certain, which shall not be less than ten days from the service of such notice, and that at the hearing of said application the said person, firm or corporation shall show cause, if any they have, why the prayer of the petition should not be granted. Upon the hearing of said petition the said affidavits or oral testimony may be introduced to establish the contention of the respective parties. Hearing, however, may be had at an earlier date by mutual consent of the parties to said application.
Sec. 7. Every person selling, exhibiting or offering for sale, manufacturing or having in his possession with intent to sell or serve, or delivering to a purchaser, any article of food or drug included in the provisions of this act, shall furnish to the Dairy and Food Commissioner or any of his deputies or any person authorized by him and demanding the same, who shall apply to him for the purpose and shall tender him the price at which the article of food is sold, a sample sufficient for the analysis of any such article of food which is in his possession.
Sec. 8. The State Dairy Commissioner shall also be the State Food Commissioner and shall be known as the Dairy and Food Commissioner, and he shall receive in addition to his salary as State
Dairy Commissioner $600 per year as extra compensation for enforcing the provisions of this act. He shall also have power to appoint such deputies as may be necessary, and pay theerfor not to exceed three dollars per day. He shall appoint one of his deputies to be known as Deputy State Drug Inspector; such Deputy State Drug Inspector shall be a graduate and registered pharmacist under the laws of this state and shall receive as compensation one hundred dollars per month and necessary traveling expenses.
Sec. 9. It shall be the duty of the chemist of the State Agricultural Experiment Station to analyze any and all substances that the Dairy and Food Commissioner may send to him, and report to the Commissioner, without unnecessary delay, the result of any analysis so made, and when called upon by the said Commissioner, the chemist shall assist in the prosecution of violations of the law by giving testimony as an expert or otherwise.
Sec. 10. It shall be the duty of the Attorney General and the prosecuting attorneys in the counties of this state to prosecute all cases arising under the provisions of this act.
Sec. 11. The Dairy and Food Commissioner, or his deputies shall have power in the performance of their official duties to enter any restaurant, eating house, hotel, public conveyance, public or private hospital, asylum, school, eleemosynary or penal institution, where foods or drugs are served or used, and take for anaylsis any article of food or drug, or ingredients which enter in to the composition of food or drugs, there used. Any article of food, drugs or ingredients which enter into the composition of foods or drugs therein used and so taken ,if found to be adulterated, shall be prima facie evidence that the same is kept to be used or served to patrons, guests, boarders, patients or inmates of such institution, and the person, firm or corporation owning and operating said restaurant, eating house, hotel, public conveyance, public or private hospital, asylum, school, eleemosynary or