commissioners through such officials as it may from time to time designate, shall prosecute all violations of this act in the proper court.

SEC. 7. Repeals. All acts and parts of acts in conflict with this act are hereby repealed.

SEC. 8. Date of effect. This act shall take effect immediately.

Approved March 2, 1903. Statutes and Amendments to the Codes, 1903, ch. 66, p. 73; Deering's General Laws of 1903, Act 3345, pp. 1115–1117.

SYRUPS.

SEC. 1. Adulterations prohibited. Any person who shall knowingly sell, or keep, or offer for sale, or otherwise dispose of any syrup, or golden drips sy 1p, silver drips syrup, or molasses, containing muriatic or sulphuric acids, or glucose, or adulterated with any other substance to improve the color thereof, shall be guilty of a misdemeanor.

SEC. 2. Penalty. Any person violating the provisions of section one of this act shall be punished and imprisoned in the county jail of the county in which the offense is committed, for a period not exceeding six months or by a fine not exceeding five hundred dollars, or both.

In effect March 29, 1878. Statutes 1877-78, p. 695; Deering's Penal Code, 1903, Appendix, p. 551.

WATER.

377b. Any person who shall violate or refuse or neglect to conform to any sanitary rule, order or regulation prescribed by the State board of health for the prevention of the pollution of springs, streams, rivers, lakes, wells, or other waters used or intended to be used for human or animal consumption shall be guilty of a misdemeanor.

Added March 18, 1905, by Statutes and Amendments to the Codes, 1905, ch. 135, p. 138, to Deering's Penal Code, 1903.

WINE.

SEC. 1. Pure wine defined. For the purposes of this act, pure wine shall be defined as follows: The juice of grapes fermented, preserved, or fortified for use as a beverage, or as a medicine, by methods recognized as legitimate, according to the provisions of this act; unfermented grape-juice, containing no addition of distilled spirits, may be denominated according to popular custom and demand as wine only when described as "unfermented wine," and shall be deemed pure only when preserved for use as a beverage or medicine, in accordance with the provisions of this act. Pure grape-must shall be deemed to be the juice of grapes, only in its natural condition, whether expressed or mingled with the pure skins, seeds, or stems of grapes. Pure condensed grape-must shall be deemed to be pure grape-must from which water has been extracted by evaporation, for purposes of preservation or increase of saccharine strength. Dry wine is that produced by complete fermentation of saccharine contained in must. Sweet wine is that which contains more or less saccharine appreciable to the taste. Fortified wine is that wine to which distilled spirits have been added to increase alcoholic strength, for purposes of preservation only, and shall be held to be pure when the spirits so used are the product of the grape only. Pure champagne, or sparkling wine, is that which contains carbonic acid gas or effervescence produced only by natural fermentation of saccharine matter of must, or partially fermented wine in bottle.

a So in Statutes.

SEC. 2. Deleterious substitutes prohibited. In the fermentation, preservation, and fortification of pure wine, it shall be specifically understood that no materials shall be used intended as substitutes for grapes, or any part of grapes; no coloring matters shall be added which are not the pure product of grapes during fermentation, or by extraction from grapes with the aid of pure grape spirits; no foreign fruit juices, and no spirits imported from foreign countries, whether pure or compounded with fruit juices or other material not the pure product of grapes, shall be used for any purpose; no analine dyes, salicylic acid, glycerine, alum, or other chemical antiseptics or ingredients recognized as deleterious to the health of consumers, or as injurious to the reputation of wine as pure, shall be permitted; and no distilled spirits shall be added except for the sole purpose of preservation, and without the intention of enabling trade to lengthen the volume of fortified dry wine by the addition of water, or other wine weaker in alcoholic strength.

SEC. 3. Injurious materials for promoting fermentation prohibited. In the fermentation and preservation of pure wine, and during the operations of fining, or clarifying, removing defects, improving qualities, blending and maturing, no methods shall be employed which essentially conflict with the provisions of the preceding sections of this act, and no material shall be used for the promotion of fermentation, or the assistance of any of the operations of wine treatment, which are injurious to the consumer or the reputation of wine as pure; provided, that it shall be expressly understood that the practices of using pure tannin in small quantities, leaven to excite fermentation only, and not to increase the material for the production of alcohol; water before or during, but not after, fermentation, for the purpose of decreasing the saccharine strength of musts to enable perfect fermentation; and the natural products of grapes in the pure forms as they exist in pure grape-musts, skins, and seeds; sulphur fumes to disinfect cooperage and prevent disease in wine; and pure gelatinous and albuminous substances, for the sole purpose of assisting fining, or clarification, shall be specifically permitted in the operations herein before mentioned, in accordance with recognized legitimate custom.

SEC. 4. Unlawful sale of impure wines; labels. It shall be unlawful to sell, or expose, or offer to sell, under the name of wine, or grape-musts, or condensed musts, or under any names designating pure wines or pure musts, as herein before classified and defined, or branded, labeled, or designated in any way as wine or musts, or by any name popularly and commercially used as a designation of wine produced from grapes, such as claret, burgundy, hock, sauterne, port, sherry, madeira, and angelica, any substance or compound, except pure wine, or pure grape-must or pure grape condensed must, as defined by this act, and produced in accordance with and subject to restrictions herein set forth; provided, that this act shall not apply to liquors imported from any foreign country, which are taxed upon entry by custom laws in accordance with a specific duty, and contained in original packages or vessels, and prominently branded, labeled, or marked, so as to be known to all persons as foreign products, excepting, however, when such liquor shall contain adulterations of artificial coloring matters, antiseptic chemicals, or other ingredients known to be deleterious to the health of consumers; and provided, further, that this act shall not apply to current wine, gooseberry wine, or wines made from other fruits than the grape, which are labeled or branded and designated, and sold or offered or exposed for sale, under names, including the word wine, but also expressing distinctly the fruit from which they are made, as gooseberry wine, elderberry wine, or the like. Any violation of any of the provisions of any of the preceding sections shall be a misdemeanor.

SEC. 5. Exemptions. Exceptions from the provisions of this act shall be made in the case of pure champagne, or sparkling wine, so far as to permit the use of crystallized sugar in sweetening the same according to usual customs, but in no other respect.

SEC. 6. Penalty. In all sales and contracts for sale, production, or delivery of products defined in this act, such products, in the absence of a written agreement to the

contrary, shall be presumed to be pure, as herein defined, and such sale or contracts shall, in the absence of such an agreement, be void, if it be established that the products so sold or contracted for were not pure as herein defined; and in such case the concealment of the true character of such products shall constitute actual fraud for which damages may be recovered, and in a judgment for damages, reasonable attorney fees, to be fixed by the court, shall be taxed as costs.

SEC. 7. Labels. The controller of the State shall cause to have engraved plates, from which shall be printed labels, which shall set forth that the wine covered by such labels is pure California wine, in accordance with this act, and leaving blanks for the name of the particular kind of wine and the name or names of the seller of the wine and place of business. These labels shall be of two forms or shapes, one a narrow strip to cap over the corks of bottles, the other a round or square and sufficiently large, say three inches square, to cover the bungs of packages in which wine is sold. Such labels shall be furnished upon proper application to actual residents, and to be used in this State only, and only to those who are known to be growers, manufacturers, traders, or handlers, or bottlers of California wine; and such parties will be required to file a sworn statement with said controller, setting forth that his or their written application for such labels is and will be for his or their sole use and benefit, and that he or they will not give, sell, or loan such label to any other person or persons whomsoever. Such labels shall be paid for at the same rate and price as shall be found to be the actual cost price to the State, and shall be supplied from time to time as needed, upon the written application of such parties as are before mentioned. Such label, when affixed to bottle or wine package, shall be so affixed that by drawing the cork from bottle or opening the bung of package, such label shall be destroyed by such opening; and before affixing such labels, all blanks shall be filled out, by stating the variety or kind of wine that is contained in such bottle or package, and also by the name or names and post-office address of such grower, manufacturer, trader, handler, or bottler of such wine.

SEC. 8. Pure California wine; label; penalty. It is desired and required that all and every grower, manufacturer, trader, handler, or bottler of California wine, when selling or putting up for sale any California wine, or when shipping California wine to parties to whom sold, shall plainly stencil, brand, or have printed where it will be easily seen, first, "Pure California wine," and secondly his name, or the firm's name, as the case may be, both on label of bottle or package in which wine is sold and sent; or he may in lieu thereof, if he so prefers and elects, affix the label which has been provided for in section seven. It shall be unlawful to affix any such stamp or label as above provided to any vessel containing any substance other than pure wine as herein defined, or to prepare, or use in any vessel containing any liquid, any imitation or counterfeit of such stamp, or any paper in the similitude or resemblance thereof, or any paper of such form and appearance as to be calculated to mislead or deceive any unwary person, or cause him to suppose the contents of such vessel to be pure wine. It shall be unlawful for any person or persons, other than the ones for whom such stamps were procured, to in any way use such stamps, or to have possession of the same. A violation of any of the provisions of this section shall be a misdemeanor, and punishable by fine of not less than fifty dollars and not more than five hundred dollars, or by imprisonment in the county jail for a term of not exceeding ninety days, or by both such fine and imprisonment. All moneys collected by virtue of prosecutions had against persons violating any provisions of this or any preceding sections shall go, one-half to the informer, and one-half to the district attorney prosecuting the same.

SEC. 9. Comptroller to keep record of stamps. It shall be the duty of the comptroller to keep an account, in a book to be kept for that purpose, of all stamps, the number, design, time when and to whom furnished. The parties procuring the same are

hereby required to return to the comptroller semiannual statements under oath, setting forth the number used, and how many remains on hand. Any violation of this section by the person receiving such stamps is a misdemeanor.

SEC. 10. Use of stamps or labels. It shall be the duty of any and all persons receiving such stamps to use the same only in their business, in no manner or in no wise to allow the same to be disposed of except in the manner authorized by this act; to not allow the same to be used by any other person or persons. It shall be their duty to become satisfied that the wine contained in the barrels or bottles is all that said label imports as defined by this act. That they will use the said stamps only in this State, and shall not permit the same to part from their possession, except with the barrels, packages, or bottles upon which they are placed as provided by this act. A violation of any of the provisions of this section is hereby made a felony. SEC. 11. This act shall take effect and be in force ninety days after its passage.

Approved March 7, 1887. Deering's Penal Code, 1903, Appendix, pp. 551–557.

COLORADO.

The State dairy commissioner is charged with the enforcement of laws relating to butter and cheese. No provision is made for the

enforcement of other food and drug laws.

GENERAL FOOD LAWS.

SEC. 10. Diseased meat of fish or adulterated food not to be offered for sale; penalty. If any person or persons shall knowingly sell or offer for sale, or permit to be sold, any flesh of any diseased animal, or of any animal being in good health, which shall not have been butchered or killed for the purpose of sale, or if any person or persons shall knowingly offer for sale, sell, or permit to be sold, any diseased, or decayed, or partially diseased or decayed fish, flesh, or game, or other unwholesome provisions, or any article of food or drink, which shall be adulterated with anything injurious to health, the person or persons so offending shall be deemed guilty of felony, and on conviction thereof shall be punished by imprisonment in the penitentiary of not more than two years, or by fine of not more than one thousand dollars, or by both such fine and imprisonment.

SEC. 12. Poisonous foods. If any person or persons shall knowingly sell, offer for sale, or permit to be sold any article of food or drink adulterated with any substance poisonous or injurious to health, and sickness or death should result from the use of such article, the person or persons so selling or offering for sale, or permitting such article to be sold, shall be guilty of felony, and on conviction thereof shall be punished by imprisonment at hard labor in the penitentiary for not more than five years. SEC. 13. Adulterated food. If any person or persons shall knowingly sell, or offer to sell, or permit to be sold as pure and unadulterated, any article of food or drink which shall be adulterated with any other substance, without marking or branding the same, or in some other manner notifying the purchaser, or prospective purchaser, of the article sold, or offered for sale, or permitted to be sold, that the same is adulterated, the person or persons so offending shall be guilty of misdemeanor, and on conviction thereof shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail not exceeding six months, or by both such fine an imprisonment.

SEC. 14. Counterfeit foods. If any person or persons shall knowingly sell, or offer for sale, or permit to be sold, any article made in the semblance of, or purporting to be any other article of food or drink, without marking or branding the same, or otherwise notifying the purchaser, or prospective purchaser, of the real character or the actual composition of the article so sold, offered for sale or permitted to be sold, the person or persons so offending shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than five hundred dollars.

Session Laws, 1887, p. 16; Mill's Annotated Statutes, 1891, vol. 1, ch. 1, pp. 399–401.

3597g. Tainted or unwholesome food. If any person shall knowingly sell any kind of diseased, corrupted, or unwholesome provisions, whether for meat or drink, without making the same fully known to the buyer he shall upon conviction be punished

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