ARIZONA. Arizona has no officer authorized to enforce its food laws. Violation of these laws is made a misdemeanor and is punishable as such. GENERAL FOOD LAW. 337. Adulterated foods, drugs, etc. Every person who adulterates or dilutes any article of food, drink, drug, medicine, spirituous or malt liquor, or wine, or any article useful in compounding them, with a fraudulent intent to offer the same, or cause or permit it to be offered for sale as unadulterated or undiluted, and every person who fraudulently sells, or keeps or offers for sale the same as unadulterated or undiluted, is guilty of a misdemeanor. 338. Unwholesome foods, drugs, etc. Every person who knowingly sells, or keeps or offers for sale, or otherwise disposes of any article of food, drink, drug or medicine, knowing that the same has become tainted, decayed, spoiled, or otherwise unwholesome or unfit to be eaten or drank, with intent to permit the same to be eaten or drank, is guilty of a misdemeanor. Revised Statutes (Penal Code), 1901, p. 1244. BUTTER. 348. Oleomargarine to be so marked. Every person or corporation which shall manufacture for sale, or who shall offer or expose for sale within the Territory of Arizona any article or substance in semblance of butter, not the legitimate product of the dairy, and not made exclusively of milk or cream, or into which the oil or fat of animals not produced from milk enters as a component part, or into which the oil or fat of animals not produced from milk has been introduced to take the place of cream, shall distinctly stamp, brand, or mark, in some conspicuous place, on every package of such article or substance the word “Oleomargarine," in plain letters, not less than one-fourth of an inch square each, in case of retail sale of such article or substance in parcels or otherwise. The seller shall in all cases deliver therewith to the purchaser a printed label bearing the plainly printed word “Oleomargarine," the word to be printed with type each letter of which shall be not less than one-fourth of an inch square. 349. Dealers handling oleo must post signs; hotels, etc., must inform patrons. Every person dealing, whether by wholesale or retail, in the article or substance described in section 348 shall continually keep, conspicuously posted up, in not less than three exposed positions in or about their respective places of business, a printed notice in the following words, viz: “Oleomargarine Sold Here." The said notice is to be plainly printed with letters not less than two and a half inches square each. And each and every hotel-keeper and restaurant-keeper, boarding-house-keeper, or proprietors of other places where meals are furnished for pay, who may use in their respective places of business any of the articles or substances described in section 348, shall, upon the furnishing of the same to his guests or customers, if inquiry is made, cause each and every guest or customer to be distinctly informed that the said article is not butter, the genuine production of the dairy, but is oleomargarine. 350. Violation a misdemeanor. Any person violating any of the provisions of the two preceding sections is guilty of misdemeanor. 19. Penalties. Except in cases where a different punishment is prescribed by this code, every offense declared to be a misdemeanor is punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding three hundred dollars, or by both. Revised Statutes (Penal Code), 1901, pp. 1187, 1246. ARKANSAS. " Arkansas has no officer authorized to enforce its food laws and has made no provision for their administration, with the exception of the duties of the inspector of wine, mentioned on page 50. No attempt has been made to enforce the laws. GENERAL FOOD LAW. 1701. Whoever shall knowingly sell or offer or expose for sale, or bring or cause to be brought into this State to sell or offer for sale, or shall have in his or their possession with intent to sell for food, the flesh of any animal dying otherwise than by slaughter, or slaughtered when diseased; or shall sell or offer for sale the flesh as of one animal, knowing it to be of another species, or shall offer for sale or sell any tainted, diseased, corrupted, decayed or unwholesome meat, fish, fowl, vegetables, produce or provisions of any kind whatever, without making the same fully known to the purchaser, or shall sell or offer to sell the meat of any calf, which was killed before it had attained the age of six weeks, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding six months. Act April 13, 1893. Kirby's Digest of the Statutes, 1904, ch. 48, p. 511. BUTTER. 1702. Oleomargarine to be labeled and marked. Whoever shall sell any article, substance or compound made in imitation or semblance of butter, or as a substitute for butter, and not made exclusively or wholly of milk or cream, or containing any fats, oils or grease not produced from milk or cream, shall have the words "adulterated butter" or if such substitute is a compound known as oleomargarine or butterine, or if it is known by any other name, the word "oleomargarine,' 'butterine" or such other name as shall properly describe it, shall be stamped, labeled, or marked in printed letters of plain, roman type, not less than one inch in length, so that said word or words can not be easily defaced, upon the top and side of every tub, firkin, box or package containing any of said article, substance or compound; and in case of retail sales of any of said article, substance or compound, the seller shall attach, or cause to be attached, to each package so sold at retail, and deliver with said package to the purchaser, a label or wrapper, bearing in a conspicuous place upon the outside of said package the words "adulterated butter," or the word "oleomargarine," butterine," or such other word or words as will correctly describe the article, substance or compound sold, as herein before provided, in printed letters of plain, roman type, not less than one-half inch in length. 1703. Defacing of labels, etc., on butter substitutes; penalty. Whoever shall sell or expose for sale, or has in his possession with intent to sell any article, substance or a The session laws for 1905 were not issued in time to be used in making this compilation. compound made in imitation or semblance of butter, or as a substitute for butter, except as provided in section 1702, and whoever shall deface, erase, cancel or remove any mark, stamp, brand, label or wrapper provided for by this act, or change the contents of any box, tub, article or package, marked, stamped, or labeled as aforesaid, with intent to deceive as to the contents of said box, tub, article or package, shall be guilty of a misdemeanor and upon conviction shall be fined in any sum not less than fifty dollars nor more than five hundred dollars. 1704. Hotels, etc., must indicate nature of butter substitutes. If any hotel, inn, restaurant or boarding-house keeper shall set before his guests at any meal any of said article, substitute or compound, the dish or plate holding the same shall have clearly and indelibly marked on some prominent part thereof the words "adulterated butter," or the word "oleomargarine," "butterine" or such other word or words as may correctly describe the article, substance or compound in said dish or plate. 1705. Penalty. Whoever shall violate the provisions of section 1704 shall be guilty of a misdemeanor, and on conviction shall be fined in any sum not less than five dollars nor more than one hundred dollars. 1706. Definition. The term " butter" shall be understood to mean the product usually known by that name, which is manufactured exclusively from milk and cream. Act March 31, 1885. Kirby's Digest of the Statutes, 1904, ch. 48, pp. 511-512. CANDY. Hereafter no person 1707. Manufacture and sale of candies containing poisons. shall by himself or agent, or as the servant or agent of any other person, manufacture for sale, or knowingly offer for sale, or sell any candy adulterated by the admixture of terra alba, barytes, talc, or any other mineral substance consisting of or adulterated by poisonous colors or flavors or other ingredients detrimental or injurious to health. 1708. Penalty. Whosoever violates any of the provisions of this act shall be punished by a fine not exceeding one hundred dollars nor less than fifty dollars. 1709. Adulterated products to be destroyed. Any candy so adulterated shall be destroyed by the officer of the court in which proceedings are begun against the person offering for sale or distribution such candy, upon orders of the court after such person shall be convicted of such offense. Approved April 20, 1901. Acts and Resolutions, 1901, p. 180; Kirby's Digest of the Statutes, 1904, ch. 48, p. 512. WATER. 5442. Powers of municipal corporations. They [municipal corporations] shall have power to provide a supply of water by constructing or acquiring, by purchase or otherwise, wells, pumps, cisterns, reservoirs, or waterworks; to regulate the same; to prevent unnecessary waste of water; to prevent pollution of water or injury to waterworks; and for the purpose of establishing and supplying waterworks, any municipal corporation may go beyond its territorial limits; and its jurisdiction to prevent or punish any pollution or injury to the stream or source of water, or to the waterworks, shall extend five miles beyond the corporate limits. Act March 20, 1903. Kirby's Digest of the Statutes, 1904, ch. 115, p. 1169. 2932. Penalty for diverting or polluting the water supply. If any person shall tap the mains or supply pipes of any water plant or company without first obtaining the permission of the proper city authorities, corporation, or owner of the water plant, or shall commit such a nuisance in or near the impounding dams or reservoirs of any water plant, or shall pollute the water or affect its wholesome qualities, he shall be deemed guilty of a misdemeanor and be fined for each and every offense in any sum not exceeding two hundred dollars. Act April 19, 1895. Kirby's Digest of the Statutes, 1904, ch. 58, p. 713. WINE. 5100. Grape and berry growers to make and sell wine without license. Any person who grows or raises grapes or berries may make wine thereof and sell the same in quantities not less than one-fifth of a gallon, or in sealed bottles, anywhere in the State without license when the same has been properly labeled as provided for in section 5101: Provided, That the people shall have the right to petition the county court to prohibit the sale of native wine as now provided by law, but native wine shall not be included under section 5129a unless by special petition against wine: Provided further, That the growers of wine as above mentioned shall have the right to sell the same in original packages of not less than five gallons, as is now granted to manufacturers and distillers of whisky and brandy, under section 5093.a 5101. All wines shall be labeled showing the kind and quality. All wine sold in this State shall, before sale, be labeled so as to truly designate its kind and quality. Nothing but the pure fermented juice of the grape or berry shall be labeled "natural wine." Wine to which sugar has been added before fermentation shall be labeled "sugared wine." The label shall also state if the wine be sweetened or unsweetened. 5102. Wines shall be pure and free from poisonous ingredients. It shall be unlawful for any one to sell wine containing poisonous or injurious ingredients, or to sell any wine to which alcohol has been added. If any wine shall contain more than 17 per cent of alcohol, it shall be final and conclusive proof that alcohol has been added to the same. 5103. Penalty; inspector. Any person violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than one hundred dollars nor more than five hundred dollars. The governor shall appoint a competent inspector, whose duty it shall be to procure, either in person or by agent, samples of any wine sold in the State which he has reason to suspect to be impure, and to cause said samples to be analyzed by a competent analytical chemist, and if said wine is found to be not in keeping with the requirements of this act, to lay the information, together with the report of the chemist, before the proper prosecuting attorney. After securing said samples of such suspected wine, the vendor shall be informed that the sample is for the purpose of analysis, and upon presentation of proper authority by the inspector or his agent, the vendor shall be required to affix his signature to the receptacle containing the said sample of wine, and he shall be given opportunity to witness its delivery to a common carrier, in a sealed condition, for forwarding to the analytical chemist. 5104. Compensation of inspector. As a compensation for his services, the inspector shall receive one-half of such fines as are collected on account of convictions secured in consequence of information furnished by him or his agents. Approved March 29, 1899. 1904, ch. 103, pp. 1094-1095. Acts of 1899, p. 137; Kirby's Digest of the Statutes, 5096. Labels. All wines sold in the State shall, before sale, be labeled so as to designate their qualities. Nothing but pure, fermented juice of the grape or berry shall be labeled "natural wine." Wine to which sugar has been added to insure its keeping qualities shall be labeled "sugared wine." a These sections refer to the licensing of liquor dealers and the sale of alcoholic beverages within three miles of churches, schools, etc., and are not here given. |