FLORIDA. The State has no officer whose duty it is to enforce its food and drug laws. GENERAL FOOD LAW. 2659. Whoever knowingly sells any kind of diseased corrupted or unwholesome provisions, whether for meat or drink, without making the same fully known to the buyer, shall be punished by imprisonment not exceeding six months or by fine not exceeding two hundred dollars.-Revised Statutes, 1892, p. 830. 2710. False packing. Whoever fraudulently puts in any barrel, bale of cotton, cask or other package of sugar, rice or pork, or any other article of provisions, any dirt, rubbish, or other thing, shall be punished by a fine not exceeding one thousand dollars.-Approved February 10, 1832. Revised Statutes, 1892, p. 839. ALCOHOLIC BEVERAGES. 2664. Whoever adulterates, for the purpose of sale, any liquor, used or intended for drink, with cocculus indicus, vitriol, grains of paradise, opium, alum, capsicum, copperas, laurel water, logwood, Brazil wood, cochineal, sugar of lead or any other substance which is poisonous or injurious to health, and whoever sells any liquor so adulterated shall be punished by imprisonment in the State prison not exceeding three years, and the articles so adulterated shall be forfeited.—Revised Statutes, 1892, p. 830. BREAD. 2660. Whoever fraudulently adulterates, for the purpose of sale, bread or any other substance intended for food, with any substance injurious to health, shall be punished by imprisonment not exceeding one year, or by fine not exceeding three hundred dollars, and the articles so adulterated shall be forfeited and destroyed under the direction of court.-Revised Statutes, 1892, p. 830. BUTTER. 2662. Sale of substitutes. Whoever knowingly and willfully sells or causes to be sold as butter any spurious preparation purporting to be butter, whether known as oleomargarine or by any other name, shall be punished by imprisonment not exceeding thirty days, or by fine not exceeding one hundred dollars. 2663. Use of substitutes in hotels. Any keeper of any hotel or boarding house who shall knowingly and willfully, without giving notice to guests at the table, supply oleomargarine or other spurious preparation purporting to be butter for the use of guests, shall be subject to the same penalty.-Revised Statutes, 1892, p. 830. CANDY. SEC. 1. Sale and manufacture of injurious candy. No person, by himself, his servant or agent, or as the servant or agent of any other person or corporation, [shall] manufacture for sale, or knowingly sell or offer to sell any candy adulterated by the admixture of terra alba, barytes, talc or any other mineral substance, by poisonous colors or flavors or other ingredients deleterious or detrimental to health. SEC. 2. Penalty. Whoever violates any of the provisions of this act shall be punished by a fine not exceeding one hundred dollars ($100.00) nor less than fifty dollars ($50.00). The candy so adulterated shall be forfeited and destroyed under direction of the court. SEC. 3. This act shall take effect upon its passage and approval by the Governor.— Approved June 4, 1897. (Acts of 1897, p. 77.) DRUGS. 2668. Adulteration of drugs. Whoever fraudulently adulterates, for the purpose of sale, any drug or medicine, or sells any fraudulently adulterated drug or medicine, knowing the same to be adulterated, shall be punished by imprisonment not exceeding one year, or by a fine not exceeding four hundred dollars, and such adulterated drugs and medicines shall be forfeited and destroyed under the direction of the court, and if the offender be a registered pharmacist his name shall be stricken from the register.—Revised Statutes, 1892, p. 830. VEAL. 2661. Whoever kills or causes to be killed for the purpose of sale, any calf less than four weeks old and knowingly sells, or has in his possession with intent to sell, the meat of any calf killed when less than four weeks old, shall be punished by fine not exceeding two hundred dollars.-Revised Statutes, 1892, p. 830. GEORGIA. No officer is charged with the enforcement of the food laws except in so far as the authority of the liquor inspectors extends. (See page 85.) GENERAL FOOD LAWS. 3864. Suit for damages may be brought for injury resulting from unwholesome provisions. A person who knowingly or carelessly sells to another unwholesome provisions of any kind, the defect being unknown to the purchaser, and damage results to the purchaser, or his family, or his property, such person shall be liable in damages for such injury.-Code of Georgia, 1895, vol. 2, p. 889. 466. Unwholesome provisions. Any person selling the flesh of a diseased animal, or other unwholesome provisions, shall be guilty of a misdemeanor. 467. Unwholesome bread or drink. Any person selling unwholesome bread, drink, or pernicious and adulterated liquor, knowing them to be so, shall be guilty of a misdemeanor. 468. Sale of adulterated food or drink, without giving analysis. If any person, in his own right, or as agent for another, shall willfully and knowingly sell or offer for sale any adulterated article of food or drink, unless the package or vessel containing the same has attached thereto a true analysis of the article therein contained, and notice thereof given to each purchaser, when such article may be offered for sale, that it is adulterated, he shall be guilty of a misdemeanor.-Code of Georgia, 1895, vol. 3, p. 139. 1039. Penalty for a misdemeanor. Every crime declared to be a misdemeanor is punishable by a fine not to exceed one thousand dollars, imprisonment not to exceed six months, to work in the chain-gang on the public works, or on such other works as the county authorities may employ the chain-gang, not to exceed twelve months, and any one or more of these punishments may be ordered in the discretion of the judge: Provided, that nothing herein contained shall authorize the giving the control of convicts to private persons, or their employment by the county authorities in such mechanical pursuits as will bring the products of their labor into competition with the products of free labor.—Code of Georgia, 1895, vol. 3, p. 292. ALCOHOLIC BEVERAGES. 476. Selling drugged liquors. Any person who shall sell, or offer to sell, any liquor, wine or spirits, or vinegar, knowing the same to contain any strychnine or other poisonous drug, or offensive matter injurious to health by drinking or other use, or who shall sell or offer to sell the same after notice shall be given him as required by section 1532 of the Civil Code, shall be indicted in the superior court and be punished as for a misdemeanor. 477. Evading inspection of liquors. If any person shall refuse, or in any way prevent an inspector of liquors from making the examination and inspection required by law after a second demand made by such inspector, such person shall, upon indictment, be punished as in the preceding section: Provided, the inspector shall make the second demand in the presence of a competent witness, and prove the same by said witness on the trial. 478. Manufacturing drugged liquors. If any person shall mannfacture any drugged, poisonous or other deleterious and offensive liquors, wine or spirits, or vinegar, or adulterate any liquor, wine or spirits, or vinegar, with poisonous material, he shall be indicted in the superior court, and punished as for a misdemeanor. 479. Selling liquors without inspection. When an inspector is appointed in any city or town, and due notice given of such appointment, any vender of liquors, in any quantity, who shall offer the same for sale before or without inspection, or a bona fide effort to have the same inspected, shall be punished as for a misdemeanor.— Code of Georgia, 1895, vol. 3, p. 141. 1531. Inspector of liquors, etc., how appointed. It shall be lawful for the several city and incorporated town authorities in this State to elect or appoint an inspector of liquors, spirits, and wines, and vinegar, within their respective jurisdictions, and the ordinaries of the several counties shall have the same authority of appointment within the several counties out of the jurisdiction of the city authorties. 1532. Oath and duty of such inspector. Such inspector, after being duly appointed as aforesaid, and sworn by the clerk of the council, or ordinary, faithfully to discharge the duties of inspector, shall examine and inspect all liquors, spirits, and wines, or vinegar, kept by any person within the jurisdiction of such inspector, for sale in any quantities, and if upon such inspection any such shall be found to contain any strychnine or other poisonous drug or drugs, or offensive matter injurious to health by drinking or other use, such inspector shall immediately give notice thereof to the owner, who shall immediately destroy the same in the presence of the inspector, or give bond and security to return the same to the person from whom he purchased without the limits of this State. 1533. Fees of liquor-inspector. Such inspector shall receive, unless other rates are prescribed by the authorities appointing him, from the owner of said liquor, wine, or spirits, or vinegar, for every ten gallons so inspected, five cents; for twenty gallons, ten cents; for forty gallons, fifteen cents; for eighty gallons, twenty cents; for one hundred and sixty gallons, twenty-five cents; and at the same rate and proportions upward for any number of gallons so inspected, and he shall, if required, give a receipt and certificate therefor, and shall brand the barrels, kegs, or pipes when the means are provided by the owners therefor, and he shall also receive one-half of all fine-moneys arising under conviction, which shall by no means disqualify him from being a witness for the State in cases of prosecution under any of the foregoing sections. 1534. Inspection to be monthly. Such inspection shall be performed once a month, or whenever called on so to do by seller or buyer. When by the latter, he pays the fees.-Code of Georgia, 1895, vol. 1, p. 419. 449. Domestic wines defined, and counterfeiting them punished. The term "domestic wine" shall mean wines made from berries, grapes, or other fruits grown in this State; and any person selling wines or liquids compounded from chemicals, drugs, or from anything else, except said berries, grapes or fruits, and claiming them to be, or offering them for, domestic wines, shall be guilty of a misdemeanor.-Code of Georgia, 1895, vol. 3, p. 134. CANDY. SEC. 1. Adulteration. Be it enacted by the General Assembly of the State of Georgia, That no person shall, by himself, his servant, or agent of any other person or corporation, manufacture for sale, or knowingly sell, or offer to sell, any candy adulterated by the admixture of terra alba, barytes, talc, or any other mineral substance, by poisonous colors or flavors, or other ingredients deleterious or detrimental to health. SEC. 2. Penalty. Be it further enacted, That whoever violates any of the provisions of this Act shall be guilty of a misdemeanor, and upon conviction be punished as prescribed in Volume III., section 1039, Code of Georgia, 1895.—Public Acts, 1896, d. 84. DAIRY PRODUCTS. 456. Impure milk. No person, corporation or agent shall sell, or expose for sale, or deliver for domestic use, any unclean, impure, unwholesome, adulterated, or skimmed milk, or milk from which has been held back what is known as "strippings," or milk taken from an animal having disease, ulcers, or abscesses, or from an animal within less than fifteen days before, or less than five days after, parturition: Provided, That this section shall not apply to the sale of buttermilk, or to skimmed milk, when sold as such. Milk which is proven by any reliable test or analysis to contain less than three and one-half per centum of butter fat, shall be regarded as skimmed or partially skimmed milk. 457. Imitation butter and cheese defined. Every article, substance, or compound, other than that produced from pure whole milk, or cream from the same, made in the semblance of butter or of cheese, and designed to be used as a substitute for butter or cheese made from pure milk or cream from the same, is imitation butter or imitation cheese, as the case may be: Provided, 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. 458. Making, selling, etc., imitation butter or cheese, prohibited. No person shall, by himself or employee or agent, produce or manufacture or sell, or keep for sale or offer for sale, any imitation butter or imitation cheese made or compounded in violation of this Article, whether such imitation shall have been made or produced in this State or elsewhere; but nothing in this Article shall be construed to prohibit the manufacture and sale of imitation butter or imitation cheese under the regulations hereinafter provided, not manufactured or colored as herein prohibited. 459. Sale of imitation butter or cheese under pretense of genuineness. No person, by himself or agent or employee, shall sell, or offer for sale, any imitation butter or imitation cheese, under the pretense that it is genuine butter or genuine cheese. And no person, his agent or employee shall sell any such imitation, unless he shall notify the purchaser distinctly at the time of the sale that it is such imitation, and at the same time shall deliver to the purchaser a statement printed in black letters not smaller than 4-line pica, in the English language, that the article is imitation butter or imitation cheese, and give the name and address of its producer, and contain no other words. 460. Hotels, etc., using imitation butter and cheese must post signs. No keeper or proprietor of a bakery, hotel, boarding-house, saloon, restaurant, lunch-counter, or other place of public entertainment, or any employee or other person having charge thereof, or any person furnishing board for others than his own family, shall keep, use, or serve therein or elsewhere, either as food for his guests, boarders, patrons, customers or employees, or for cooking purposes, any imitation butter or imitation cheese, unless such keeper, proprietor, or other person in charge of such place of entertainment shall keep constantly posted in a most conspicuous place in the room or rooms, or other place where such imitations shall be served or sold, so that the same may be easily seen and read by any person in such room or place, a white card not less than ten by fourteen inches in size, on which shall be printed, in the English language, in plain, black Roman letters, not smaller than one inch in height and one-half inch in width, the words, "Imitation butter used here", or "Imitation cheese used here", as the case may be, and said cards shall not contain any other words or impressions. 461. Use of coloring-matter in cheese and butter substitutes. No person shall coat, powder, or color with annatto or any coloring-matter whatever, any substance designed to be used as a substitute for butter or for cheese, whereby such substance or product shall be caused to resemble butter or cheese, the product of pure milk or cream. |