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penal institution, and having in his or its possession adulterated foods or drugs shall be deemed to have such adulterated food or drugs contrary to the provisions of this act.
Sec. 12. Every person, firm or corporation violating the provisions of this act or refusing to comply upon demand with any of the porvisions thereof, shall be guilty of a misdemeanor, and upon conviction shall be fined not less than twenty-five dollars ($25) and not to exceed five hundred dollars ($500), or, in case of second offense, to be imprisoned not less than thirty days and not to exceed ninety days, or both such fine and imprisonment. Any person found guilty of selling, offering for sale, having in his possession with intent to sell or serve, or manufacturing for sale any adulterated article of food or drug under the provisions of this act, shall pay, in addition to the penalties herein provided for all necessary costs and expenses incurred in inspecting and analyzing such adulterated articles of food or drugs, in addition to the costs of such action: Provided, That all penalties and costs for the violation of the provisions of this act shall be paid to the Board of State Dairy and Food Commission, or to their agent, and by them paid into the state treasury and applied to the general fund: And provided further, That the dealers having goods in stock on the passage of this act, which do not comply with its provisions relating to branding or labeling, may inventory the same and stamp them with a mark for identification, and shall have the right thereafter to sell the goods so inventoried and marked, in ordinary course of business until disposed of: And provided further, That this act shall go into effect on the first day of October, 1907.
Sec. 13. The State Board of Dairy and Food Commission ex-efficio shall be the State Board of Dairy and Food Commission, and said Board shall hereafter be known and described as the “State Board of Dairy and Food Commission."
Sec. 14. All expenses incurred under the provisions of this act shall be paid out of the general fund, and shall be audited by the State Auditor upon bills being presented, appropriately certified by the Board of Dairy and Food Commission, and the State Auditor shall from time to time draw warrants upon the state treasury (treasurer) for the amounts thus audited.
Sec. 15. The Dairy and Food Commissioner shall publish each month a report of the work of his office, including the brand, name and address of manufacturer, analysis and fines of foods and drugs found to be adulterated, and the necessary expense, if any, of said publication, shall be defrayed as provided in section 14 of this act.
Sec. 16. 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 violation thereof; making an appropriation, declaring an emergency, and repealing “An Act to provide against the adulteration of food,' approved March 13, 1899,” being chapter XCIV of the Laws of 1901, as amended by chapter 51 of the Laws of 1905, is hereby repealed.
Passed the House March 13th, 1907.
REGULATING THE SALE OF MILK IN CITIES
OF THE FIRST CLASS.
[Chapter 234, Session Laws of 1907.]
An Act regulating the sale of milk and cream in
cities of this state, providing for the appointment of an inspector of milk, defining his duties, providing for the issuance of permits for the sale of milk and cream, and providing penalties for the violation of the provisions of this act.
Be it enacted by the Legislature of the State of
Section 1. The board of health or health officer of any city of the first class of the State of Washington shall annually appoint one or more inspectors of milk for their respective cities. All inspectors hereafter appointed shall be graduates of a recognized dairy school or shall have completed a course in dairying in a college where such instruction is given. Each inspector shall be sworn before entering upon the performance of his official duty and shall publish a notice of his appointment for two weeks in a newspaper published in said city, and shall be under the direction and supervision of the board of health of said city. He shall receive such compensation as the city council of such city may determine.
Sec. 2. Such inspector shall keep an office and shall record in books kept for the purpose, the names and places of business of all persons engaged in the sale of milk within the limits of said city. He may with the approval of the city council employ collectors of samples of milk who shall be sworn before entering upon their duties. The inspectors or collectors may enter all places in which milk is stored or kept for sale and all carriages used for the conveyance of milk and may take therefrom samples for analysis. They shall upon request made at the time such sample is
taken, seal and deliver to the owner or person from whose possession the milk is taken, a portion of each sample, and a receipt therefor shall be given to the inspector or collector. Inspectors shall cause such samples to be analyzed or otherwise satisfactorily tested as to its quality and purity. Such samples shall be kept by such inspector under ice so that the temperature of said sample shall not be over the degree of 40 degrees Fahrenheit until such analysis is made, and shall record and preserve as evidence the result thereof, and no evidence of the result of such analysis or test shall be received if the inspector or collector upon request refuses or neglects to seal and deliver a portion of the sample taken as aforesaid, to the owner or person from whose possession it is taken.
Sec. 3. Whoever in such city in which an inspector of milk is appointed conveys milk in carriages or otherwise for the purpose of selling it in such city shall annually before the first day of June obtain a permit from the inspector of milk of such city to sell within the limits thereof, said permit to be furnished without cost upon the production of a license from the State Dairy and Food Commission. A permit shall be issued only in the name of the owner of the carriage or other vehicle. They shall for the purposes of this chapter be conclusive evidence of ownership and shall not be sold, assigned or transferred without the consent of the city council of such city. Each permit shall contain the number thereof, the name, residence, place of business, number of carriages or other vehicles used by the person obtaining a permit, the name of every driver or other person employed by him in carrying or selling milk. Each person obtaining a permit shall before engaging in the sale of milk cause his name, the number of his permit and his place of business to be legibly placed on each side of all carriages or vehicles used by him in the conveyance and sale of milk, and he shall report to the inspector any change of driver or other person who may be employed by him occurring during the term of his permit. And it shall be unlawful for any person under assumed name or representing himself to be the person namd in permit above mentioned to engage in the business of selling or conveying milk or cream, and upon conviction thereof shall be subject to the penalty prescribed in this section.
Whoever without first being permitted to sell milk or dispose of it for sale from carriages or other vehicles or has in his custody or possession with intent to sell, or whoever violates any of the provisions of this section, shall for the first offense be punished by a fine of not less than $25 nor more than $100.00, and for a second offense by a fine of not less than $50, nor more than $300, and for a subsequent offense by a fine of $50 and by imprisonment for not less than thirty days nor more than sixty days. Sec. 4. Every person before selling milk
or cream or offering it for sale in a booth, store, stand or market place in any such city in which an inspector of milk is appointed, shall register in the book of such inspector his name and proposed place of sale.
Whoever refuses or neglects to register shall be punished by a fine of not less than $25.00 nor more than $100.00.
Sec. 5. Whoever by himself or by his agent or servant or as the agent or servant of another person sells, exchanges or delivers, or has in his custody or possession with intent to sell, exchange or deliver or expose or offer for sale or exchange, impure, infected or adulterated milk or milk to which water or any foreign substance has been added, or milk produced from a cow which has been fed on refuse or unwholesome food, or from a sick or diseased cow, or from a cow kept in an unclean shed, barn or barnyard, or from a cow within fifteen days before or five days after parturition or in any case before fever has left said cow, as pure milk, or milk from which the cream or a part thereof has been removed, and whoever sells, ex