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changes or delivers or has in his custody or possession with intent to sell, exchange or deliver, skim milk containing less than 9.3 per cent. of milk solids, exclusive of fat, shall for the first offense be punished by a fine of not less than $50.00 nor more than $100.00, and for a second offense by a fine of not less than $100.00 nor more than $300.00, and for a subsequent offense by a fine of fifty dollars and by imprisonment for not less than sixty days nor more than ninety days.
Sec. 6. In prosecutions under the provisions of sections four and five of this act, milk, normal and of standard quality, is defined as milk, pure, healthy, wholesome and uninfected, free from any foreign substance whatsoever, including coloring matter or preservatives, free from all pathogenic bacteria or germs, pus cells, or blood cells, and which does not contain more than 400,000 bacteria or germs of all kinds to the cubic centimeter, and which has not been infected by or exposed to the infections of any contagious or infectious disease and which comes from cows healthy and free from all kinds of diseases and kept in a healthy, sani tary condition and fed upon wholesome food, and which contains not less than 12 per cent. of milk solids and not less than 8.75 per cent. of solids exclusive of fat, or not less than 3.25 per cent. of fat. Any dealer therein who shall sell milk not normal and up to said standard shall be subject to prosecution and fine as provided in section five of this act.
Sec. 7. Whoever by himself or by his servant or agent or as the servant or agent of another, sells, exchanges or delivers, or has in his custody or possession with intent to sell, exchange or deliver milk which is not of good standard quality, free from infection and from contamination, by any unwholesome substance or substances, shall for the first offense be punished by a fine of not less than $50, and for the second offense by a fine of not less than $100 nor more than $200, and for a subsequent offense, by a fine of $50 and imprisonment
for not less than sixty days nor more than ninety days.
Sec. 8. No cream shall be sold, offered for sale, exchanged, delivered or shipped, transported or carried for purposes of sale, exchange or delivery, that contains less than eighteen per cent. of butter fat, or which contains any pathogenic bacteria or germs, pus cells, blood cells or more than 400,000 bacteria or germs of all kinds to the cubic centimeter, and any person who shall adulterate cream or reduce or change it in any respect by the addition of water or any foreign substance with the intention of selling or offering the same for sale or exchange, shall be punished by a fine of not less than $50 nor more than $100, or imprisonment for not less than thirty nor more than sixty days.
Sec. 9. Whoevere makes or causes to be made, uses or has in his possession an imitation or counterfeit of seal used by an inspector of milk, collector of samples or other person engaged in the inspection of milk, and whoever changes or tampers with the sample taken or sealed as provided in section two, shall be punished by a fine of $100 or imprisonment for not less than three nor more than six months.
Sec. 10. An inspector of milk or his servant or agent who wilfully connives at or assents to the violation of the provisions of this act, or whoever hinders, obstructs or interferes with an inspector of milk or his agent, in the performance of his duty, shall be punished by a fine of not less than $50 nor more than $100, or by imprisonment for not less than thirty nor more than sixty days.
Sec. 11. A producer of milk shall not be liable to prosecution for the reason that the milk produced by him is not of good standard quality, unless such milk was taken upon his premises or while in his possession or under his control by an inspector or by a collector of samples or by an agent, and a sealed sample thereof given to him.
Sec. 12. An inspector of milk or a collector of samples or other state or city officer who obtains
a sample of milk for analysis, shall within ten days after obtaining the result of the anaylsis, send said result to the person from whom the sample was taken or to the person responsible for the condition of such milk.
Sec. 13. An inspector shall make a compiaint for violation of any of the provisions of any of the sections of this act upon the information of any person who lays before him satisfactory evidence by which to sustain such complaint, and the cost of the prosecution for the violation of any of the provisions of this act shall be borne by the city in which said inspector is appointed.
Sec. 14. It shall be the duty of the chemist of any state institution to correctly analyze without extra compensation and without other charge to cities having milk inspectors any and all cream or milk that such inspector may send to them and to report to said inspector without unnecessary delay the result of any analysis so made: Provided, however, That analyses as to standard of quality of milk and for adulteration, contamination and unwholesomeness may be made by the bacteriologist or chemist employed by any such city, which analysis shall have the same force and effect as though made by an official of a state institution or said chemist.
Sec. 15. Whoever violates any of the provisions of the six preceding sections shall be punished by a fine of not less than $25 for the first offense and not more than $100 for each subsequent offense.
Passed the House March 9th, 1907.
To all wholesale and retail dealers in dairy and
food and drug products coming under the dairy and food laws of the State of Washington:
Samples sent to this department for inspection must be accompanied by the following information:
Name and location of manufacturer.
Brand or name of article, also any representation by seller as to quality or character of goods.
If the foregoing requirements are complied with this office and its staff will use the utmost energy to make prompt investigation and report.
The laws of this state make no provision for the compensation of the State Chemist, Prof. Elton Fulmer, so samples sent direct to him by dealers and manufacturers will be analyzed under his supervision and regular rates charged therefor by his assistants. Samples, however, for analysis in connection with enforcing the pure food laws he will analyze but they must be forwarded through the commissioner.
Any one desiring dairies or creameries inspected or dairy products tested may secure this done by notifying the commissioner at Davenport, Wash. If butter scoring is desired send a sample of butter to Dairy and Food Commissioner, 513 Hinckley Block, Seattle, Wash.
It will be a great favor to this office if dealers in food products would advise us of any irregularity or suspicions they may have to
any articles of food on the market. We ask the COoperation of grocerymen, jobbers, manufacturers and dairymen and will do all possible with resources at our command.