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the informer, and two thirds thereof to the lighthouse board, to be use in repairing said buoys and beacons.

Cost of repairs, and lien for.

Sec. 2. The cost of repairing or replacing any such buoy or beacon which may have been misplaced, damaged, or destroyed by any vessel, boat, raft, or scow being made fast to the same, shall, when said cost shall have been legally ascertained, be a lien upon such vessel, boat, raft, or scow, and recovered against the same, and the owner or owners thereof, in an action of debt, in any court of competent jurisdiction in this state.

Act takes effect when.

Sec. 3. This act shall take effect from and after its passage.

Codification of act. Portion of this statute was codified by § 609, Penal Code. See, also, § 614 of the Penal Code.

BUTTER.

An Act entitled an act to prevent the sale of short-weight rolls af butter. [Approved March 11, 1893; Stats. 1893, p. 151.]

Short-weight butter.

Any person or persons, firm or corporation, who offers for sale rollbutter not of full weight to each roll, shall be guilty of a misde

meanor.

Act takes effect when.

This act shall go into effect sixty days after its passage.

An Act to prevent deception in the manufacture and sale of butter and cheese, to secure its enforcement, and to appropriate money therefor.

[Approved March 4, 1897; Stats, 1897, p. 65.]

§ 1. Imitation butter. Imitation cheese.

§ 2.

§ 3.

§ 4.

5.

§ 6.

§ 7.

§ 8.

§ 9.

§ 10.

§ 11.

§ 12.

§ 13.

§ 14.

§ 15.

§ 16.

§ 17.

§ 18.

§ 19.

Manufacture and sale o imitation outter, etc.

Imitation product must be branded.

Duty of common carriers.

Descriptive statement must be exposed.

Imitation product must be sold as such.
Duty of restaurant-keepers.

Actions.

Presumptive evidence.

Erasure of label.

Use of pure article in state institutions.

Penalties.

Possession, presumptive evidence. Samples for analysis.
Duty of district attorney.

State dairy bureau. Tenure of office. Organization. Report.

Agent, and salary.

Appropriations.

Inconsistent acts repealed.

Act takes effect when.

Imitation butter. Imitation cheese.

Section 1. That for the purposes of this act, every article, substance, or compound, other than that produced from pure milk or cream from the same, made in the semblance of butter, and designed to be used as a substitute for butter made from pure milk or cream from the same, is hereby declared to be imitation butter; and that for the purposes of this act, every article, substance, or compound, other than that produced from pure milk or cream from the same, made in the semblance of cheese, and designated [designed] to be used as substitute for cheese made from pure milk or cream from the same, is hereby declared to be imitation cheese; provided, that the use of salt, rennet, and harmless coloring-matter for coloring the product of pure milk or cream, shall not be construed to render such product an imitation; and provided, that nothing in this section shall prevent the use of pure skimmed milk in the manufacture of cheese. Manufacture and sale of imitation butter, etc.

Sec. 2. No person, by himself or his agents or servants, shall render or manufacture, sell, offer for sale, expose for sale, or have in

his possession with intent to sell, or use, or serve to patrons, guests, boarders, or inmates, in any hotel, eating-house, restaurant, public conveyance or boarding-house, or public or private hospital, asylum, or eleemosynary or penal institution, any article, product, or compound made wholly or partly out of any fat, oil, or oleaginous substance or compound thereof, not produced directly and at the time of manufacture from unadulterated milk or cream from the same, which article, product, or compound shall be colored in imitation of butter or cheese produced from unadulterated milk or cream from the same; provided, that nothing in this section shall be construed to prohibit the manufacture or sale, under the regulations hereinafter provided, of substances or compounds, designed to be used as an imitation, or as a substitute for butter or cheese made from pure milk or cream from the same, in a separate and distinct form, and in such a manner as will advise the consumer of its real character, free from coloration, or ingredients, that causes it to look like butter or cheese made from pure milk or cream, the product of the dairy.

Imitation product must be branded.

Sec. 3. Each person who, by himself or another, lawfully manufactures any substance designed to be used as a substitute for butter or cheese, shall mark by branding, stamping, or stenciling upon the top and sides of each tub, firkin, box, or other package in which such article shall be kept, and in which it shall be removed from the place where it is produced, in a clear and durable manner, in the English language, the words "substitute for butter," or "substitute for cheese," as the case may be, in printed letters in plain Roman type, each of which shall not be less than one inch in height by one half inch in width, and in addition to the above shall prepare a statement, printed in plain Roman type, of a size not smaller than pica, stating in the English language its name, and the name and address of the manufacturer, the name of the place where manufactured or put up, and also the names and actual percentages of the various ingredients used in the manufacture of such imitation butter or imitation cheese; and shall place a copy of said statement within and upon the contents of each tub, firkin, box, or other package, and next to that portion of each tub, firkin, box, or other package as is commonly and most conveniently opened; and shall label

Gen. Laws-119

the top and sides of each tub, firkin, box, or other package by affixing thereto a copy of said statement, in such manner, however, as not to cover the whole or any part of said mark of "substitute for butter," or substitute for cheese."

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Duty of common carriers.

Sec. 4. No person, by himself or another, shall knowingly ship, consign, or forward by any common carrier, whether public or private, any substance designed to be used as a substitute for butter or cheese, unless the same be marked and contain a copy of the statement, and be labeled as provided by section three of this act; and no carrier shall knowingly receive the same for the purpose of for warding or transporting, unless it shall be manufactured, marked, and labeled as herein before provided, consigned, and by the carrier receipted for by its true name; provided, that this act shall not apply to any goods in transit between foreign states and across the state of California.

Descriptive statement must be exposed.

Sec. 5. No person, or his agent, shall knowingly have in his possession or under his control any substance designed to be used as a substitute for butter and cheese, unless the tub, firkin, box, or other package containing the same, shall be clearly and durably marked and contain a copy of the statement and be labeled as provided by section three of this act; and if the tub, firkin, box, or other package be opened, then a copy of the statement described in section three of this act shall be kept, with its face up, upon the exposed contents of said tub, firkin, box, or other package; provided, that this section shall not be deemed to apply to persons who have the same in their possession for the actual consumption of themselves or family.

Imitation product must be sold as such.

Sec. 6. No person, by himself or another, shall sell, or offer for sale, or take orders for the future delivery of, any substance designed to be used as a substitute for butter or cheese, under the name of or under the pretense that the same is butter or cheese; and no person, by himself or another, shall sell any substance designed to be

used as a substitute for butter or cheese, unless he shall inform the purchaser distinctly, at the time of the sale, that the same is a substitute for butter or cheese, as the case may be, and shall deliver to the purchaser, at the time of the sale, a separate and distinct copy of the statement described in section three of this act; and no person shall use in any way, in connection or association with the sale, or exposure for sale, or advertisement, of any substance designed to be used as a substitute for butter or cheese, the words "butterine," creamery," or dairy," or the representation of any breed of dairy eattle, or any combination of such words and representation, or any other words or symbols, or combinations thereof, commonly used by the dairy industry in the sale of butter or cheese.

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Duty of restaurant-keepers.

Sec. 7. No keeper or proprietor of any bakery, hotel, boardinghouse, restaurant, saloon, lunch-counter, or other place of public entertainment, or any person having charge thereof, or employed thereat, or any person furnishing board for others than members of his own family, or for any employees where such board is furnished as the compensation or as a part of the compensation of any such employee, shall place before any patron or employee, for use as food, any substance designed to be used as a substitute for butter and cheese, unless the same be accompanied by a copy of the statement described in section three of this act, and by a verbal notification to said patron that such substance is a substitute for butter or cheese.

Actions.

Sec. 8. No action can be maintained on account of any sale or other contract made in violation of, or with intent to violate, this act by or through any person who was knowingly a party to such wrongful sale or other contract.

Presumptive evidence.

Sec. 9. Every person having possession or control of any substance designed to be used as a substitute for butter or cheese which is not marked as required by the provisions of this act, shall be presumed to have known, during the time of such possession or control, that the same was imitation butter, or imitation cheese, as the case may be.

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