The sale of articles made in violation of the law or their use by proprietors of bakeries, hotels, boarding houses, etc., is prohibited.

No imitation butter or cheese shall be purchased with money appropriated by the State or shall be used in any State institution or in any institution aided by State money.

Penalty for violation, not over $100. Each day during which manufacture of prohibited articles is carried on, or each separate sale of such articles, or each day of prohibited use of such articles, is deemed a separate offense. (General Laws. ch. 33, art. 2.)

Branding of cheese.-Every manufacturer of cheese made from pure or full milk may brand it full-milk cheese," and no other shall be so branded. The commissioner of agriculture shall furnish to each cheese manufacturer a uniform stencil, with the words "New York State full-cream cheese,” and shall register the name and location of each such factory. Any county dairymens' association may adopt a county trade mark, to be used only upon unadulterated butter or fullmilk cheese. The law does not prohibit the manufacture and sale of "skimmed cheese" as such. (Ibid, secs. 31-35.)

NORTH CAROLINA.

FOODS GENERALLY.

Adulteration of foods.-The adulteration of any article of food, or the sale of such adulterated articles, is prohibited. 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, or is the product of an animal dying otherwise than by slaughter; if it is colored, or otherwise made to appear better than it really is; if falsely labeled as a foreign or as any trade-mark product; 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, if containing all necessary and no unnecessary ingredients, and if distinctly labeled as such.

No article is deemed adulterated or misbranded if (not containing injurious ingredients) it is a mixture or compound sold under its own distinctive name, or a mixture plainly marked to indicate that it is such, or if any ingredient is necessarily added, without fraud, in connection with the production or preparation of the article, provided that it be so labeled. The introduction of any adulterated or misbranded article into the State is also prohibited, and articles transported into the State in the original packages may be seized by a process of libel.

A guarantee of purity from the wholesale jobber or manufacturer is a protection to the retail dealer.

Enforcement.-The State board of agriculture is directed to enforce the law. It may prescribe standards not otherwise fixed, and set the limits of variability of articles of food. Manufacturers and dealers must furnish duly authorized agents of the board with samples. Penalty, $10 to $100, or imprisonment not more than 100 days, or both. (Laws of 1899, ch. 86.)

Adulterated candy and chocolate.-The law brings under the general definition adulteration of candy or chocolate with terra alba, barytes, or other mineral substances, or with poisonous colors, flavors, or other injurious ingredients.

DAIRY PRODUCTS.

Imitation butter.-It is unlawful to manufacture or sell any article in imitation of butter unless each package shall be conspicuously labeled with the chemical ingredients and their proportions. The law is not to be construed as violating the interstate commerce law. Penalty, fine not less than $50, or imprisonment not over 30 days; for subsequent offenses, fine not less than $200, or imprisonment not less than six months, or both. (Laws of 1895, ch. 106.)

NORTH DAKOTA.

FOODS GENERALLY.

Adulteration of food.-The law prohibits the adulteration of any article of food or drink, or any drug, with fraudulent intent, or the knowing sale of such adulterated article. (Code of 1895, sec. 7309.)

Unwholesome food.-It is a misdemeanor to sell any article of food or medicine which is tainted, decayed, or otherwise unwholesome. (Ibid., sec. 7310.)

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. Penalty, $50 to $100. (Laws of 1897, ch. 3.)

DAIRY PRODUCTS.

Licensing and inspection of dairies, creameries, and cheese factories.-Every person who sells milk from a dairy of 5 or more cows, in any city or town of 1,000 inhabitants or more, must be licensed by the assistant dairy and food commissioner and pay a license fee of $1 annually. He must have his name, place of business, and the number of his license legibly placed on each outer side of all vehicles, and he must report any changes of drivers or other employees. Penalty, $10 to $50.

Every person before selling milk in a store, booth, stand, or market place, must be licensed in the same manner.

The assistant dairy and food commissioner, appointed by the commissioner of agriculture, and his agents, have access to all places of business used in the manufacture and sale of dairy products or imitations thereof, and authority to open packages and take samples.

All owners or managers of creameries or cheese factories and venders of milk are required to render annual reports of the amount of business done, etc. Failure or false statement is punishable by a fine of from $10 to $50.

Every creamery and cheese factory must procure a stencil or brand clearly designating the quality of the product manufactured, and the number and location of the factory, which shall be used on the outside of each cheese, and also upon the packages containing either cheese or butter. Such stencils or brands shall be registered with the assistant commissioner. Penalty, $10 to $50. (Laws of 1899, ch. 72.)

Milk.-It is unlawful to sell any unclean, adulterated, or unwholesome milk, or milk taken from a diseased animal or within 15 days before or 5 days after parturition, or to stable cows kept for producing milk or cream for sale in an unhealthful or crowded place, or to feed them on any substance which produces impure or unwholesome milk. Skimmed milk, including milk from which the strippings have been held back, must be sold as such. Milk containing less than 12 per cent of milk solids, or 3 per cent of butter fat, is regarded as skimmed milk. It is unlawful to sell as cream any article containing less than 15 per cent of butter fat. Penalty, $20 to $50. (Laws of 1899, ch. 72.)

Imitation butter.-It is unlawful to manufacture or sell imitation butter made wholly or partly out of any fat, oil, or oleaginous substance not produced from unadulterated milk or cream, unless in a separate and distinct form, free from coloration or ingredients which cause it to look like butter, and in such manner as will advise the consumer of its real character. Imitation butter exposed for sale must be distinctly and durably marked "oleomargarine," "butterine," or "imitation butter." Penalty, $25 to $100. (Ibid.)

Whoever furnishes oleomargarine or butterine in any hotel, restaurant, or boarding house, or at any lunch counter, must give notice that the substance so furnished is not butter. Penalty, $5 to $10. (Ibid.)

Renovated butter.-It is a misdemeanor to manufacture, sell, or expose for sale butter produced by melting and rechurning, or any similar process, and commonly known as boiled or process butter, unless the packages are distinctly marked "renovated butter" in letters of prescribed size. Penalty, $25 to $100. (Ibid.) Filled and skimmed milk cheese.-Cheese manufactured from skimmed or partly skimmed milk must be plainly branded "skimmed milk cheese" in letters at least 1 inch in height and one-half inch in width. Penalty, $20 to $50. (Ibid.) Filled cheese, or any oleaginous substance designed to take the place of cheese, must be stamped as such on the top and side of each package, in letters at least 1 inch long and one-half inch wide. Penalty, $25 to $100. (Ibid.)

OKLAHOMA.

Adulterated food.-Any person who adulterates or dilutes any article of food or drink or medicine with fraudulent intent, or who sells such adulterated articles, is guilty of a misdemeanor. (Statutes of Oklahoma, sec. 2264.)

Unwholesome food.-It is a misdemeanor to sell any article of food, drink, or medicine which is tainted or otherwise unwholesome. (Ibid., sec. 2265.)

OHIO.

FOODS GENERALLY.

Dairy and food commissioner.-Every 2 years a dairy and food commissioner is elected by the people. His salary is $2,000. He may appoint 2 assistants at a salary not over $1,000 each, and necessary experts and inspectors. It is the duty of these officers to enforce the pure-food laws generally, and they have power to enter any establishment where food or drink is made or sold, to examine the books, open containers, and take samples. (83 Ohio Laws, p. 120, 1886, as amended; see Giauque's Rev. Stats., secs. 8847-8850.)

Adulteration of foods 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.

The law does not apply to harmless mixtures or compounds recognized as ordinary articles of food if each package is distinctly labeled as such, with the name and percentage of each ingredient.

Every person manufacturing or selling food or drugs must furnish to anyone interested a sample for analysis.

Penalty for violation, $25 to $100, or imprisonment 30 to 100 days, or both, with costs of inspection and analysis. (81 Ohio Laws, p. 67. 1884.)

Unwholesome food. The law prohibits the sale of diseased or unwholesome provisions, unless their condition is made known to the buyer. Penalty, not over $50 or imprisonment not over 20 days, or both. It is also forbidden to feed any animal of a kind used for human food with flesh which is in an unwholesome condition. (92 Ohio Laws, p. 97, 1896.)

Veal.-No person shall slaughter a calf for food unless it is in healthy condition and at least 4 weeks of age, nor shall any person sell the flesh of a calf not conforming to these conditions. It is unlawful to ship to or from any part of the State the carcass of a calf unless the name of the person who raised it, the name of the shipper, and the age of the calf be stated on an attached tag. (Laws of 1898, ch. 491.)

Vinegar. No vinegar shall be sold as cider vinegar which is not the legitimate product of pure apple juice, or which contains less than 2 per cent of cider vinegar solids. All vinegar shall be made exclusively from the fruit or grain from which it purports to be made, and shall contain not less than 4 per cent of acetic acid. Cider vinegar shall be branded as such. Vinegar made by fermentation without distillation shall be branded "fermented vinegar" with the name of the substance from which it is made. Vinegar made wholly or in part from distilled liquor shall be branded "distilled vinegar" and shall be free from coloring matter. Fermented vinegar must contain not less than 2 per cent of fruit or grain solids. No person shall manufacture or sell vinegar containing lead, sulphuric acid, or other injurious ingredients. All packages containing vinegar shall be branded with the name and residence of the manufacturer, except in the case of the farmers manufacturing not over 25 barrels yearly.

Penalty, $50 to $100 or imprisonment 30 to 100 days, or both. (92 O. L., p. 100, 1896.)

Domestic wine.—All liquors denominated as wine and containing alcohol not produced by natural fermentation or by authorized methods of compounding, or containing glucose, starch sugar, cider, or pomace of grapes, or wine into which carbonic-acid gas, alum, or other enumerated substances or any antiseptic, coloring matter, essence or injurious substance has been introduced, is deemed adulterated. "Pure wine" means the fermented juice of undried grapes without addition of water or any foreign substance. The fermented juice of undried grapes to which has been added pure sugar, or other things necessary for clarifying and refining it, not injurious to health, and which contains not less than 75 per cent of pure grape juice and is free from artificial flavoring, shall be known and branded as wine." Wines otherwise pure, but containing less than 75 per cent of pure grape juice, and wines containing alcohol not produced by the natural fermentation of grapes, shall be branded compounded."

For sale of adulterated wine as thus defined or for misbranding of other grades of wine a fine of $100 to $1,000 or imprisonment 30 days to 6 months, or both, may be inflicted, and in addition a penalty of 50 cents for each_gallon sold or manufactured. (86 Ohio Laws, p. 96, 1889, as amended by 88 Ohio Laws, p. 231; compare Rev. Stats., sec. 7081.)

Maple sugar and sirup.-No person shall manufacture or sell as maple sugar or sirup any article which is not pure maple sugar or sirup. It is unlawful to manufacture or sell as sugar or as sirup any article made of maple sugar or sirup mixed with other ingredients. (Laws of 1898, ch. 194.)

DAIRY PRODUCTS.

Milk. The law prohibits the sale of milk to which any foreign substance has been added or milk from diseased cows. Skimmed milk may be sold only from cans conspicuously marked as such with letters not less than 1 inch long. Milk containing less than 12 per cent of solids or 3 per cent of fat is deemed adulterated, except during May and June, when the standard is 11 per cent of solids. Penalty, $50 to $200 for first offense; for subsequent offenses higher penalties are imposed. (86 Ohio Laws, p. 229, 1889, as amended by 92 Ohio Laws, p. 149.)

Canned goods.-Every can of fruit or vegetables must be marked with the name of the packer or dealer, and with an indication of the grade or quality. All scaked goods or goods put up from products dried before canning shall be marked "soaked" in letters not less than two-line pica size. Penalty, not less than $50 for dealers and not less than $500 nor more than $1,000 for manufacturers. Ohio Laws, p. 163, 1885, as amended by 83 Ohio Laws, pp. 10, 73.)

(82

Imitation butter and cheese.-No person shall manufacture or sell any article in imitation of butter or cheese not produced from pure milk or cream, nor shall any person compound with or add to milk, cream, or butter any acid or other deleterious substances or any foreign fats. Oleomargarine may be sold in a separate form in such manner as will advise the consumer of its real character, and free from coloring matter.

Imitations of butter or cheese must have marked on each package, in capital letters not less than five-line pica size, the true name of the article and the name of each ingredient. Each purchaser must be furnished a label of a similar character. The words "butter," "creamery." or "dairy" shall not be used on any package containing an imitation product.

Dealers in imitation butter or cheese must keep conspicuously posted a notice to that effect. Keepers of hotels, boarding houses, etc., who use or serve these imitations must also display a conspicuous notice of the fact.

Various penalties of fine and imprisonment are imposed for the violation of these laws. (83 Ohio Laws, p. 178, 1886; as amended by 84 Ohio Laws, p. 182; 85 Ohio Laws, p. 74; also 87 Ohio Laws, p. 51, 1890; and 91 Ohio Laws, p. 274, 1894, as amended by 92 Ohio Laws, p. 93.)

Cheese. It is unlawful to sell any article as cheese not made exclusively of milk or cream, or containing fats or oils not produced from milk or cream, unless the words "filled cheese" are marked in letters not less than 1 inch long on each cheese. Cheese made from milk but containing less than 20 per cent of butter fat shall be similarly marked "skimmed cheese." Each retail purchaser of filled or skimmed cheese must be given a label with its proper name. In addition the exposed contents of every opened parcel of such cheese must be conspicuously marked. Dealers in filled or skimmed cheese must have a conspicuous sign, to the effect that these articles are sold, posted in each place of business or on each vehicle used for sale or delivery. Hotel and restaurant keepers serving these articles must notify their guests of their character. It is also unlawful to sell to any person asking for cheese any other than pure cheese containing more than 20 per cent of butter fat.

Every manufacturer of full milk cheese may brand it as such with the date of manufacture. The food and dairy commissioner shall issue to cheese manufacturers a uniform stencil with the words " Ohio State full cream cheese," and a number for each factory. Various penalties, fine and imprisonment, are imposed for violations of these provisions. (92 Ohio Laws, p. 51, 1896, as amended by 93 Ohio Laws, p. 89.)

OREGON.

FOODS GENERALLY.

Adulterated foods.-It is unlawful to sell or expose for sale any adulterated food, drink, medicine, or fertilizer, unless it is plainly marked to establish its true character. In any public dining or eating room where adulterated foods or drinks are

used the bill of fare must state the fact, or, if no bill of fare is used, printed notice must be conspicuously posted.

An article of food, drink, or medicine is deemed to be adulterated if any substance has been mixed with it so as to injuriously affect its quality or strength; if any inferior or cheaper substance has been substituted in it; if a valuable constituent has been abstracted from it; if it is in imitation of or sold under the name of another article; if it is colored, coated, polished, or powdered whereby it is made to appear better than it really is; if it falls below the standards prescribed by the law for dairy products and vinegar, or, in the case of jellies, jams, and fruit sauce, if it contains any other ingredients than pure food substances.

Vinegar.-Apple cider vinegar must be made of nothing else than absolute apple cider, have an acidity of not less than 4.5 per cent of absolute acetic acid, and contain 2 per cent of cider vinegar solids.

Dairy and food commissioner.-The enforcement of the pure-food laws is intrusted to the dairy and food commissioner, who has authority to appoint one deputy in each county. The commissioner and his agents have access to all places used in the manufacture, production, and sale of any foods, medicines, and fertilizers, and authority to open packages and to require samples.

Penalties. For violating any of the provisions of the Oregon food law, including those relating to dairy products and their imitations, the legal penalty is a fine of $25 to $100, or imprisonment from 30 days to 6 months. (Laws of 1899, pp. 46-49.) Candy. It is a misdemeanor to manufacture or sell confectionery adulterated with terra alba, barytes, talc, or other mineral substance, or with poisonous colors or flavors or other injurious ingredients. Penalty, not exceeding $100, or imprisonment not exceeding 6 months, and forfeiture of the adulterated candy. (Laws of 1899, p. 45.)

DAIRY PRODUCTS.

Dairy products.-The following standards are prescribed for dairy products: Milk must contain 3 per cent of butter fat, 9 per cent of other solids, and not more than 88 per cent of water, and have a specific gravity of 1.038 after the cream has been removed. Cream must contain 20 per cent of butter fat. Condensed milk must be made only from pure milk. Cheese must have 40 per cent of butter fat. Butter must not have more than 14 per cent of water.

Milk drawn from cows within 15 days before or 5 days after parturition, or from cows fed on unwholesome food, is deemed impure and unwholesome. Cows kept in stables for dairy purposes must be allowed at least 800 cubic feet of air space each, and must not be confined closer together than 6 feet, if facing each other, unless there is an air-tight partition between them. The stables must be well ventilated and kept in good condition. If any dairy is found in a filthy or unhealthy condition the proprietor may be required to put it in good condition, and in case of his failure to do so within 3 days, the dairy and food commissioner may have the work done at the proprietor's expense.

It is unlawful to use the boxes or brands of any creamery or dairyman for the purpose of selling the butter of any other creamery or dairyman. (Laws of 1899, pp. 47. 49.)

Imitation butter and cheese.-Every person who sells oleomargarine or other imitation dairy product is required to keep a sale book in which shall be shown the amounts sold and the names and addresses of the purchasers, and which shall be open to the inspection of the State dairy officials at all times. Every manufacturer of butter or cheese for sale in quantities exceeding 25 pounds a week, must report annually to the dairy and food commissioner the number of pounds of milk used in the manufacture of each, and the number of pounds of butter and cheese made and sold; but the amounts made shall not be published if the maker requests otherwise. (Ibid., pp. 49, 50.)

Process and tub butter.-It is unlawful to expose for sale reworked or mixed butter, unless it is plainly marked "process butter," or to expose for sale tub or packed butter remolded in prints, rolls, or squares, unless it is plainly marked tub butter." It is unlawful to mark reworked, mixed, packed, or remolded butter with the stamp of any creamery, or with the words "creamery butter." (Ibid., p. 46.)

PENNSYLVANIA.

FOODS GENERALLY.

Dairy and food commissioner.-The State board of agriculture is to appoint biennially a dairy and food commissioner, whose salary shall be $2.000. With the approval of the board, he may appoint assistants, agents, chemists, and experts. These officers are to enforce all the laws relating to foods. They have the right

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