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5097. Prosecution. It shall be unlawful for any person to sell or offer for sale any wine containing poisonous or injurious drugs, or to sell any wine which contains more than seventeen per cent of alcohol, and it shall be the duty of circuit judges at the beginning of each term of circuit court to charge the grand juries to investigate and return indictment for violations of any of the provisions of this act.

5098. Penalty. Any one violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction shall be fined in any sum not less than one hundred dollars nor more than five hundred dollars for each offense, and the prosecuting attorney shall receive the same fees for convictions as are now allowed for convictions for selling liquor without license.

Act June 26, 1897. Kirby's Digest of the Statutes, 1904, ch. 103, p. 1094.

CALIFORNIA.

With the exception of the duties assigned to the State dairy bureau, State board of health, and State analyst (see pages 54, 59, 60), no attempt has been made to enforce the laws of the State.

GENERAL FOOD LAWS.

382. Fraudulent adulteration or dilution a misdemeanor. 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 the 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, or who, in response to an inquiry for any article of food, drink, drug, medicine, spirituous or malt liquor, or wine, sells or offers for sale, a different article, or an article of a different character or manufacture, without first informing such purchaser of such difference, is guilty of a misdemeanor: Provided, That no retail dealer shall be convicted under the provisions of this section if he shall prove a written guaranty of purity obtained from the person from whom he purchased such adulterated or diluted goods.—As amended March 21, 1903, Statutes and Amendments to the Codes, 1903, ch. 254, p. 351.

383. Penalties; adulteration defined. 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 is adulterated or has become tainted, decayed, spoiled, or otherwise unwholesome or unfit to be eaten or drunk, with intent to permit the same to be eaten or drunk, is guilty of a misdemeanor, and must be fined not less than twenty-five nor more than one hundred dollars, or imprisoned in the county jail not exceeding one hundred days, or both, and may, in the discretion of the court, be adjudged to pay, in addition, all the necessary expenses, not exceeding fifty dollars, incurred in inspecting and analyzing such articles. The term "drug," as used herein, includes all medicines for internal or external use, antiseptics, disinfectants, and cosmetics. The term "food," as used herein, includes all articles used for food or drink by man, whether simple, mixed, or compound. Any article is deemed to be adulterated within the meaning of this section:

(a) In case of drugs: (1) If, when sold under or by a name recognized in the United States Pharmacopoeia, it differs materially from the standard of strength, quality, or purity laid down therein; (2) if, when sold under or by a name not recognized in the United States Pharmacopoeia, but which is found in some other pharmacopoeia or other standard work on materia medica, it differs materially from the standard of strength, quality, or purity laid down in such work; (3) if its strength, quality, or purity falls below the professed standard under which it is sold. (b) In the case of food: (1) If any substance or substances have been mixed with it, so as to lower or depreciate, or injuriously affect its quality, strength, or purity; (2) if any inferior or cheaper substance or substances have been substituted wholly or in part for it; (3) if any valuable or necessary constituent or ingredient has been wholly or in part abstracted from it; (4) if it is an imitation of, or is sold under the

name of, another article; (5) if it consists wholly, or in part, of a diseased, decomposed, putrid, infected, tainted, or rotten animal or vegetable substance or article, whether manufactured or not; or in the case of milk, if it is the produce of a diseased animal; (6) if it is colored, coated, polished, or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is; (7) if it contains any added substance or ingredient which is poisonous or injurious to health.-As amended by Statutes and Amendments to the Codes, extra session, 1900-1901, pp. 458-459, and by law of March 22, 1905, Statutes and Amend-· ments to the Codes, 1905, ch. 573, pp. 769-770.

Deerings Penal Code, 1903, p. 159.

SEC. 1. Adulteration. No person shall, within this State, manufacture for sale, offer for sale, or sell any drug or article of food which is adulterated within the meaning of this act.

SEC. 2. "Drug" and "food" defined. The term "drug," as used in this act, shall include all medicines for internal or external use, antiseptics, disinfectants, and cosmetics. The term "food" as used herein, shall include all articles used for food or drink by man, whether simple, mixed, or compound.

SEC. 3. Adulteration defined. Any article shall be deemed to be adulterated within the meaning of this act:

(a) In the case of drugs: (1) If, when sold under or by a name recognized in the United States Pharmacopoeia, it differs from the standard of strength, quality, or purity laid down therein; (2) if, when sold under or by a name not recognized in the United States Pharmacopoeia, but which is found in some other pharmacopoeia or other standard work on materia medica, it differs materially from the standard of strength, quality, or purity laid down in such work; (3) if its strength, quality, or purity falls below the professed standard under which it is sold.

(b) In the case of food: (1) If any substance or substances have been mixed with it, so as to lower or depreciate, or injuriously affect its quality, strength, or purity; (2) if any inferior or cheaper substance or substances have been substituted wholly or in part for it; (3) if any valuable or necessary constituent or ingredient has been wholly or in part abstracted from it; (4) if it is an imitation of, or is sold under the name of another article; (5) if it consists wholly, or in part, of a diseased, decomposed, putrid, infected, tainted, or rotten animal or vegetable substance or article, whether manufactured or not; or in the case of milk, if it is the produce of a diseased animal; (6) if it is colored, coated, polished, or powdered whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is; (7) if it contains any added substance or ingredient which is poisonous or injurious to health.

Provided, That the provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles or ingredients of articles of food, if each and every package sold or offered for sale be distinctly labeled as mixtures or compounds, with the name and per cent of each ingredient therein, and are not injurious to health. SEC. 4. Samples for analyses. Every person manufacturing, exposing, or offering for sale, or delivering to a purchaser, any drug or article of food included in the provisions of this act, shall furnish to any person interested, or demanding the same, who shall apply to him for the purpose, and shall tender him the value of the same, a sample sufficient for the analysis of any such drug or article of food which is in his possession.

SEC. 5. Penalty. Whoever refuses to comply, upon demand, with the requirements of section four, and whoever violates any of the provisions of this act, shall be guilty of a misdemeanor, and shall be fined not exceeding one hundred nor less than twenty-five dollars, or imprisoned in the county jail not exceeding one hundred nor

less than thirty days, or both. And any person found guilty of manufacturing, offering for sale, or selling, an adulterated article of food or drug under the provisions of this act shall be adjudged to pay, in addition to the penalties herein before provided for, all the necessary costs and expenses incurred in inspecting and analyzing such adulterated articles of which said person may have been found guilty of manufacturing, selling, or offering for sale.

SEC. 6. This act shall be in force and take effect from and after its passage.

Approved March 26, 1895. Statutes 1895, p. 71; Deering's Penal Code, 1903, Appendix, pp. 557-559.

SEC. 1. State analyst. The governor of the State of California shall appoint one of the professors of the State University of California, of sufficient competence, knowledge, skill, and experience, as State analyst, whose duty it shall be to analyze all articles of food, drugs, medicines, medicinal plants, minerals, and mineral waters, and other liquids or solids which shall be manufactured, sold, or used within this State, when submitted to him, as hereinafter provided.

SEC. 2. Samples submitted to State analyst by health officers; certified analyses. The State board of health and vital statistics, or medical officers of health of any city, town, or of any city and county, or county, may, at the cost of their respective boards or corporations, purchase a sample of any food, drugs, medicines, medicinal plants, mineral waters, or other liquids offered for sale in any town, village, or city in this State, and submit the same to the State analyst as hereinafter provided; and said analyst shall, upon receiving such article duly submitted to him, forthwith analyze the same, and give a certified certificate to the secretary of the State board of health submitting the same, wherein he shall fully specify the result of the analysis; and the certificate of the State analyst shall be held in all the courts of this State as prima facie evidence of the properties of the articles analyzed by him.

SEC. 3. Individuals may submit samples to State board of health. Any person desiring an analysis of any food, drug, medicine, medicinal plant, soil, mineral water, or other liquid, shall submit the same to the secretary of the State board of health, together with a written statement of the circumstances under which he procured the article to be analyzed, which statement must, if required by him, be verified by oath, and it shall be the duty of the secretary of the State board of health to transmit the same to the State analyst, the expenses thereof to be defrayed by the said board. SEC. 4. Annual report of State analyst. The State analyst shall report to the State board of health the number of all the articles analyzed, and shall specify the results thereof to said board annually, with full statement of all the articles analyzed and by whom submitted.

SEC. 5. Submission of samples by State board of health. The State board of health may submit to the State analyst any samples of food, drugs, medicines, medicinal plants, mineral waters, or other liquids for analysis, as herein before provided.

SEC. 7. State viticultural commissioners may submit samples to State analyst. The board of State viticultural commissioners shall have the same privileges as are provided for the State board of health under this act with respect to samples of wines and grape spirits, and of all liquids and compounds in imitation thereof, and any person or persons desiring analyses of such products shall submit the same to the secretary of the said board of State viticultural commissioners, and the same shall be transmitted to the State analyst in the manner prescribed in section three of this act. The analyses shall be made, and the certificates of the State analyst shall be forwarded to the secretary of the said board of State viticultural commissioners, and shall have the same force and effect as provided for in section two of this act with respect to analyses made for the State board of health.

Deering's Political Code, 1903, Appendix, pp. 1111-1113.

CANDY.

SEC. 402a. Every person who adulterates candy by using in its manufacture terra alba or other deleterious substances, or who sells or keeps for sale any candy or candies adulterated with terra alba, or any other deleterious substance, knowing the same to be adulterated, is guilty of a misdemeanor.

Deering's Penal Code, 1903, p. 164, as renumbered March 22, 1905, Statutes and Amendments to the Codes, 1905, ch. 573, p. 771.

DAIRY PRODUCTS.

SEC. 1. Oleomargarine must be so labeled. Every person or corporation who shall manufacture for sale, or who shall offer or expose for sale, 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 upon every package of such article or substance the word "oleomargarine," in plain letters, not less than one-fourth of one inch square each; and 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 said word to be printed with type each letter of which shall not be less than one-fourth of one inch square.

SEC. 2. Oleomargarine placards. Every person dealing, whether by wholesale or retail, in the article or substance described in section one of this act, and every hotel or restaurant keeper, or boarding-house keeper, in whose hotel, or restaurant, or boarding house such article or substance is used, shall continuously keep conspicuously posted up, in not less than three exposed positions in and about their respective places of business, a printed notice in the following notice, viz: “Oleomargarine sold here;" the said notice to be plainly printed, with letters not less than two inches square each. And each and every hotel keeper and restaurant keeper, boardinghouse keeper, or proprietor of other places where meals are furnished for pay, who may use in their respective places of business any of the article or substance described in the first section of this act, 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.”

SEC. 3. Penalty. Every person or director, trustee, officer, or agent of any corporation who may violate any provision of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than five dollars, nor more than five hundred dollars, or by imprisonment for not more than three months, or by both such fine and imprisonment; and it shall be the duty of the court trying said offense to order the payment of one-half of the fine imposed to the person giving the information upon which the prosecution was based and the conviction had, and such fine may be collected by execution as in civil causes.

SEC. 4. Repeal. All acts or parts of acts in conflict with this act are hereby repealed. Approved March 1, 1883. Deering's Penal Code, 1903, Appendix, pp. 636–638.

383a. Process and renovated butter to be branded. Any person, firm, or corporation who sells or offers for sale, or has in his or its possession for sale, any butter manufactured by boiling, melting, deodorizing, or renovating, which is the product of stale, rancid, or decomposed butter, or by any other process whereby stale, rancid, or decomposed butter is manufactured to resemble or appear like creamery or dairy

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