Page images
PDF
EPUB

Cider. It is unlawful to manufacture or sell as cider any preparation containing salicylic acid, formalin, or any other drug or substance not belonging to the apple, or to manufacture or sell as cider any product which is not cider. Adulterated cider may be sold if distinctly marked as such, with the approximate proportion of each ingredient. Penalty, $50 to $100, or imprisonment 30 to 100 days, or both. (Laws of 1897, ch. 3.)

DAIRY PRODUCTS.

Imitation butter and cheese.-Any article in the semblance of butter or of cheese not produced wholly from pure milk or cream is declared imitation. No person shall coat or color with annatto or otherwise any substance designed as a substitute for butter or cheese, or shall compound animal or vegetable fat with butter or cheese or with coloring matter. It is unlawful to manufacture or sell a substitute for butter or cheese unless each purchaser is given a clearly printed statement that it is a substitute. Proprietors of hotels, bakeries, boarding houses, and public institutions using substitutes shall keep posted opposite each table a conspicuous notice, in prescribed form, to that effect. Imitation butter and cheese may, however, be manufactured for shipment outside the State, subject only to the restrictions of the United States law. Penalty, $25 to $50, or imprisonment not over 30 days; for subsequent offenses, $50 to $100, or imprisonment 30 days to 6 months, or both. (Laws of 1895, ch. 78.)

NEVADA.

Adulterated and unwholesome food.-It is unlawful to sell the flesh of diseased animals or other unwholesome provisions, or poisonous or adulterated food or drink. Penalty, not over $500 or not over 6 months' imprisonment. (Gen. Stats. sec. 4677.)

Milk -The law prohibits the sale of adulterated, impure, or unwholesome milk. or milk from cows kept in a crowded or unwholesome condition, or from cows fed on brewery or distillery waste, or other unwholesome substances. Skimmed milk may be sold as such only. Each county shall appoint a milk inspector. Penalty. not less than $100. (Ibid., secs. 4801-4809.)

[ocr errors]

Imitation butter.-It is unlawful to manufacture or sell any compound, in im tation of butter, composed of foreign fats or into which melted butter has been introduced, unless the package containing the imitation be marked oleomargarine" in prescribed type. Penalty, not over $500 or imprisonment 30 days to 6 months. (Ibid., secs. 4810-4812.)

Candy. It is unlawful to manufacture or sell candy adulterated with terra alba barytes, or other substances, or with colors or flavors or other ingredients injuririous to health. (Laws of 1897, ch. 13.)

NEW HAMPSHIRE.

FOODS GENERALLY.

Adulterated food and drugs.-No person shall manufacture or sell an adulterated food or drug. A drug is deemed adulterated if it does not conform to the standard of the United States Pharmacopoeia or other standard work by which it is recognized, or if it contains less of the active principle than is contained in the genuine article or falls below its own professed standard. Food is deemed adulterated if it contains less of any valuable constituent than the genuine article; if it contains any foreign substance; if it is colored, polished, or powdered so as to conceal damage; if it contains a poisonous ingredient or a decomposed or diseased or unwholesome substance. Sellers of food or drugs must furnish to the proper officials samples of all articles. Any person who has reason to doubt the purity of an article may send a sample to the State board of health for analysis. The State board of health shall take necessary steps for enforcement of the law. Penalty, fine not over $400 or imprisonment not over 1 year. (Public Laws of 1891, ch. 39.)

Veal. It is unlawful to kill any calf less than 4 weeks old for food or to sell the flesh of such a calf. Penalty, not over $50, or imprisonment not over 30 days, or both. (Ibid, sec. 11.)

Adulterated liquors.-The law prohibits the adulteration of any kind of liquor with cocculus indicus or other enumerated drugs, or with any injurious substance. Penalty, not over $1,000, or imprisonment not over 1 year. (Pub. Stats., ch. 269, sec. 10.)

DAIRY PRODUCTS.

Milk. It is unlawful to adulterate milk with water or otherwise, or to sell such adulterated milk, or milk which is unwholesome or produced by diseased cows or cows fed upon the refuse of distilleries or any other injurious substance. The law also prohibits the sale of impure milk, or milk which contains less than 13 per cent of milk solids. Skimmed milk may be sold only from cans or packages distinctly marked as such in letters not less than 1 inch long.

Towns and cities may appoint inspectors of milk. In towns having inspectors, each person selling milk must obtain a license, and shall report to the inspector the names of his employees, and shall place the number of his license on each vehicle used Inspectors may enter places where milk is kept, examine milk, and take samples. (Pub. Stats., 1891, ch. 127.)

Imitation butter and cheese.-The law prohibits the manufacture or sale of any compound in imitation of butter not produced wholly from pure milk or cream, or of any such compound in imitation of cheese, unless each package containing such article is labeled "adulterated butter," " oleomargarine," or "imitation cheese" in letters not less than 1 inch long. Each retail purchaser must be furnished with a label of a similar character. Any article intended as a substitute for butter must be of some other color than yellow. Oleomargarine may be sold in separate and distinct form, free from coloration or from any ingredient that makes it look like butter. Keepers of hotels or boarding houses, etc., must notify their guests if imitations are used. Penalty, $25 to $50 for the first offense; for the second offense, $50 to $100 or imprisonment from 10 to 90 days, or both. (Public Laws of 1895, ch. 115.)

The State board of agriculture is directed to enforce the law. (Laws of 1899, ch. 58.)

NEW JERSEY.

FOODS GENERALLY.

State dairy commissioner.—The State board of health shall appoint a State dairy commissioner, who shall hold office for 3 years, and receive $2.000 salary. He may appoint assistants, chemists, and inspectors. The total appropriation for this service is not over $10,000 yearly. The proper officers may have full access to any premises where dairy products or imitations are manufactured or sold, and may open any vessel or package and take samples. By a later law this officer is also directed to enforce other pure food laws.

The law provides in detail the jurisdiction of the courts and the methods of procedure in prosecutions for violations. (Laws of 1886, p. 107; Laws of 1895, p. 806.)

Adulteration of food and drugs.-The adulteration of any article of food or of any drug or the sale of such adulterated articles is prohibited. A drug is deemed adulterated if it differs in strength or purity from the standard fixed by the United States Pharmacopoeia or by such other pharmacopoeia or standard work as recognizes the article, or if its strength or purity falls below the professed standard under which it is sold. Food is deemed adulterated if any substance has been mixed with it so as to injure its quality or strength; if any inferior substance has been substituted in it; if any valuable constituent has been taken from it; if it is an imitation; if it contains diseased or decomposed animal or vegetable matter; if it is colored or otherwise made to appear better than it really is, or if it contains any added poisonous ingredient or ingredient injurious to health. Mixtures or compounds recognized as ordinary articles of food or drink may be sold if not injurious to health, and if distinctly labeled as such.

The State board of health shall from time to time fix the limits of variability in articles of food and drugs, and may, with the approval of the governor, declare certain articles or preparations exempt from the law. A guaranty of purity from a manufacturer within the State is a defense for the retailer.

The State board of health may appoint analysts and inspectors, and shall adopt all necessary measures to enforce the law. Every person selling articles of food or drugs must give a sample to any inspector tendering the value thereof. Inspectors shall divide each sample into two parts, seal them, and deliver one part to the seller.

The dairy commissioner also has powers as to enforcing this law.

The law prescribes in detail the jurisdiction of courts and the methods of procedure in the trial of persons charged with violating the law, together with the distribution of fines collected.

Penalty, $50 for the first offense and $100 for subsequent offenses. (Laws of 1881, p. 283, as amended and supplemented by Laws of 1883, p. 185; Laws of 1887, p. 150; Laws of 1897, ch. 93.)

Vinegar. The law prohibits the manufacture or sale as cider vinegar of vinegar not exclusively the product of pure apple juice. It is unlawful to sell any kind of vinegar containing lead, sulphuric acid, or other injurious ingredients. Penalty, $50 to $100. Each county may appoint an inspector of vinegar, who has the usual right of access and of taking samples. Such inspectors are also directed, on request of any manufacturer or dealer, to inspect vinegar in his possession and give a certificate concerning its acidity. (Laws of 1888, p. 349.)

Impure ice. The board of health in cities of the first class may prohibit the use or sale of impure ice or ice from polluted ponds or streams. (Laws of 1895, ch. 353).

Biscuits and cakes.-It is unlawful to manufacture cakes or biscuits in which any substitute for eggs has been used unless a conspicuous label is placed on each package stating that fact. Penalty, $100 for first offense and $200 for subsequent offenses. (Laws of 1895, ch. 254.)

Candy.-It is unlawful to manufacture or sell candy adulterated with terra alba, barytes, or other substances, or with colors or flavors or other ingredients injurious to health. (Laws of 1895, ch. 130.)

DAIRY PRODUCTS.

Milk. This State declares it unlawful to sell milk adulterated with water or any other foreign substance, or to keep cows for the production of milk in a crowded or unhealthy condition, or to feed them on distillery waste or any substance in a state of putrefaction, or on any substance which produces unwholesome milk. It is also unlawful to sell such unwholesome milk, or milk which has been exposed to contamination from persons having contagious diseases. Milk containing less than 12 per cent of milk solids is deemed adulterated or skimmed. Skimmed milk may be sold only in cans bearing metal labels, "skimmed milk," in letters not less than 2 inches high. The sale of adulterated or skimmed milk is entirely prohibited in cities of the first class. Penalty for violation, $50 for first offense and $100 for subsequent offenses.

The enforcement of the law is charged upon the State dairy commissioner. The State board of health enforces the law regarding milk exposed to contagious diseases. Local boards of health may require persons selling milk to report the name and location of all persons furnishing them milk and to adopt ordinances regarding the sale of unwholesome milk. Inspectors have the usual powers, Samples must be sealed up in the presence of one or more witnesses and sent to the State analyst for analysis. The jurisdiction of the procedure of the courts in prosecutions are described in detail. Special provision is made for jury trials in certain cases. (Laws of 1882, p. 97; Laws of 1883, p. 230; Laws of 1884, p. 127; Laws of 1897, ch. 152; Laws of 1898, ch. 183; Laws of 1898, ch. 182.)

Imitation butter and cheese.-It is unlawful to manufacture or sell any compound of fats or oils, not produced from pure milk or cream, artificially colored in imitation of butter or cheese. Oleomargarine may be sold in such manner as will advise the consumer of its real character, free from artificial coloring. Oleomargarine and similar compounds must be sold only from packages branded in 3 places "oleomargarine," "butterine," or the correct name in letters at least onehalf inch high. Retail dealers must inform each purchaser that the article sold is imitation butter or cheese and must furnish a card bearing the true name with each package sold. Penalty, not over $200, or not over 6 months' imprisonment. The jurisdiction of the courts and the methods of issuing process and conducting prosecutions are described in detail. (Laws of 1886, p. 107, as amended by Laws of 1887, p. 192, and Laws of 1895, p. 658.)

NEW MEXICO.

Adulteration of food.-The code of New Mexico provides that no person shall adulterate any drug with any substance injurious to health, under penalty of imprisonment not over 1 year or fine not over $300. No person shall mix, color, or powder an article of food or drug with any ingredient injurious to health, or manufacture any article containing diseased or unwholesome animal or vegetable substances. Penalty, $200 for first offense; for subsequent offenses, not over $300 or imprisonment not over 1 year, or both.

It is also unlawful to sell any article of food or drug not of the nature or quality demanded by the purchaser. The law does not apply to articles to which a harm

less ingredient is necessarily added in production or transportation, or to proprietary medicines, or to compound articles of food, provided that the buyer is given notice by a label that they are compounded. It is further unlawful to subtract any substance from an article of food so as to affect it injuriously. Sellers of such articles may plead in defense a written warranty on the part of the manufacturer that the article is genuine, and their own ignorance that it was otherwise.

Penalty for violation of law, $50 for the first offense; for subsequent offenses, not over $100 or imprisonment not over 6 months, or both. (Compiled Laws, 1897, secs. 1245-1255.)

The governor may from time to time declare certain articles or preparations exempt from the provisions of the law.

Unwholesome food.-It is unlawful to sell spoiled or unwholesome provisions without notice to the purchaser, under penalty of fine not over $500 or imprisonment not over 6 months. (Compiled Laws, sec. 1244.)

NEW YORK.

FOODS GENERALLY.

Adulteration of food and drugs.-The adulteration of any article of food or of any drug, or the sale of such adulterated articles, is prohibited. A drug is deemed adulterated if it differs in strength or purity from the standard fixed by the United States Pharmacopoeia or by such other pharmacopoeia or standard work as recognizes the article, or if its strength or purity falls below the professed standard under which it is sold. Food is deemed adulterated if any substance has been mixed with it so as to injure its quality or strength; if any inferior substance has been substituted in it; if any valuable constituent has been taken from it; if it is an imitation; if it contains diseased or decomposed animal or vegetable matter; if it is colored or otherwise made to appear better than it really is; or if it contains any added poisonous ingredient or ingredient injurious to health. Mixtures or compounds recognized as ordinary articles of food or drink may be sold if not injurious to health, and if distinctly labeled as such.

The State board of health from time to time fix the limits for variability of articles of food or of drugs whose standard is not prescribed in the national Pharmacopoeia. With the approval of the governor, the State board may declare cer-. tain articles exempt from the provisions of the law.

Enforcement.-The State board of health is directed to take necessary steps to enforce the pure-food laws generally. It may appoint analysts and inspectors, who have the right of access to any premises and the right to take samples. Local boards of health may give inspectors similar powers. Upon discovering any violations of the law the State board shall notify the district attorney of the proper county, who must commence proceedings. (General Laws, ch. 25.)

Unwholesome food.-It is unlawful to sell any food or drug which is tainted or spoiled, or otherwise unfit for use. (Penal Code, sec. 408.)

Adulterated liquors.—The New York law brings under the definition of adulterated food spirituous or malt liquor which contains any substance not normal or healthful, or ale or beer which contains a substitute for hops or for pure extract of hops. (General Laws, ch. 25, sec. 41.)

The State board of health shall, at least once yearly, take samples in the public market of spirituous and malt liquors manufactured in each brewery and distillery in the State. These samples shall be analyzed, and, if found adulterated, the manufacturers shall be prosecuted.

Domestic wines.-Wines containing alcohol not produced by natural fermentation, and all compounds of other liquors with pure wines, and all wines or imitations which contain certain enumerated drugs or other antiseptics or coloring matter, or artificial flavoring, or any injurious substance, are deemed adulterated, and their sale is prohibited. Wine which contains at least 75 per cent of pure grape juice is defined as "pure;" not more than 8 per cent of pure sugar may be added. Wine containing 50 to 75 per cent of pure grape juice shall be conspicuously stamped "half wine" in prescribed type; while wine containing less than 50 per cent of pure grape juice shall be labeled "made wine." Penalty, 50 cents for each gallon sold or manufactured. (Ibid., secs. 43, 46-50.)

Vinegar.-All vinegar which contains lead, sulphuric acid, or other injurious ingredients, or artificial coloring matter, or which has an acidity of less than 4 per cent of acetic acid, or in the case of cider vinegar which contains less than 2 per cent of cider vinegar solids, is deemed adulterated, and its manufacture or sale is prohibited. The manufacture or sale of an imitation as cider vinegar is

also prohibited. Each manufacturer of cider vinegar must brand each cask or package with his name and place of business and the words "cider vinegar." (General Laws, ch. 33, art. 3.)

Maple sugar and sirup.-The law prohibits the manufacture or sale of maple sugar or sirup which is not the product of pure sap. It is also unlawful to manufacture or sell as cane sugar or cane sirup any article containing maple sugar or sirup. (Laws of 1898, ch. 194.)

Adulterated candy.-The New York law includes in the list of generally prohibited adulterations, the adulteration of candy with terra alba, barytes, or other mineral substances, or with poisonous colors or flavors or other injurious ingredients. (General Laws, ch. 25, sec. 41.)

Fruit juices.-A recent law prohibits the sale of any unwholesome or poisonous acid or other substance as a substitute for pure juice of natural fruits, or the knowing use of any such article in the preparation of food or drink. Penalty, not over $250, or imprisonment not over 6 months, or both. (Laws of 1899, ch. 343.) Coloring matter in food products.-It is unlawful to manufacture or sell any poisonous matter intended for the coloring of food products, or to use such poisonous coloring matter. (Laws of 1899, ch. 518.)

Impure ice.-Ice which is cut from any canal must be sold only from buildings or wagons having a distinct sign to that effect. (General Laws, ch. 25, sec 41a.)

DAIRY PRODUCTS.

Milk. The law prohibits the sale of milk containing less than 12 per cent of milk solids or less than 3 per cent of fat, or milk drawn from cows fed on distillery waste or substances in a state of fermentation or otherwise unhealthy, or from cows kept in a crowded or unhealthy condition, or of milk or cream to which water or other foreign substance has been added. The prohibition regarding the sale of skimmed milk is absolute in Greater New York, but it may be sold as such elsewhere. No persons shall keep cows for the production of milk for sale in such a way as to cause the milk to be unhealthy.

It is unlawful to furnish to a butter or cheese factory milk from which the strippings have been withheld, or sour milk.

No butter or cheese factory which receives milk without buying it shall use such milk or any of its products for its own benefit without the consent of the owners. Correct accounts of milk received and of butter and cheese produced must be kept. If milk is sold outside the county where produced, each can or vessel must be distinctly branded with the name of the county where produced and each vehicle from which milk is sold must be similarly marked. Glass bottles in which milk is sold must have the name of the seller blown or engraved in them.

No person receiving milk for sale or manufacture shall keep it in utensils or in rooms or buildings which are unclean or unsanitary. (Laws of 1900, ch. 101.) Penalty, same as for imitation butter and cheese. (General Laws, ch. 33, art 2; Laws of 1898, ch. 153.)

There are also special laws regarding creamery utensils, tests in creameries, and the bringing of unwholesome milk to creameries. (Laws of 1900, chs. 76, 101, 544, 559.)

Condensed milk must be made only from milk corresponding to the above requirements. Packages containing condensed milk must be labeled with the name of the manufacturer. (General Laws, ch. 33, art. 2.)

Imitation butter.-It is unlawful to manufacture or sell any article in imitation of butter, not made from unadulterated milk or cream, which shall be artificially colored in imitation of butter. The law does not prohibit the manufacture or sale of uncolored oleomargarine or similar substitutes, provided that every package shall have painted on the outside a white strip completely around it, on which shall be branded with a burning iron "oleomargarine," "imitation butter," etc., in letters at least one-half inch high. The name and address of the manufacturer shall also be placed upon each package. Each retail purchaser of imitation butter or cheese shall be given a card or notice stating its character in the prescribed form. Penalty, $100 for the first offense and $200 for subsequent offenses.

Imitation butter and cheese.-Another section of the law prohibits the manufacture of any article composed of animal or vegetable fats in imitation of pure butter, or the mixture of any such fats, or of acids or other injurious substances, with milk or butter so as to produce an imitation article. No person shall coat, powder, or otherwise color any such imitation compound with any substance so as to impart a yellow color resembling butter or cheese. It is similarly unlawful to manufacture any imitation of cheese, or any article to which animal fats or oils or melted butter or any substance not produced from milk or cream has been added.

« PreviousContinue »