462. Combining substances to counterfeit pure dairy products prohibited. No person shall combine any animal fat or vegetable oil, or other substance, with butter or cheese, or combine therewith or with animal fat, or with vegetable oil, or with a combination of the two, or with either one, or with any substance whatever, any annatto or any other coloring-matter for the purpose or with the effect of imparting thereto a yellow color, or any shade of yellow, so that such substance shall resemble genuine yellow butter or cheese, nor introduce any such coloring matter or any such substance into any of the ingredients of which such substitute may be composed; Provided, that nothing in this Article shall be construed to prohibit the use of salt, rennet, or harmless coloring-matter for coloring the products of pure milk or cream from the same. 463. Marking butter and cheese substitutes. Every person who lawfully manufactures any substance designed to be used as a substitute for butter or for cheese, shall mark by branding, stamping, or stenciling upon the top and side of each tub, box, or other vessel in which such substitute shall be kept, or in which it shall be removed from the place where 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 and one-half inch in breadth. 464. Possession of butter and cheese substitutes regulated. No person shall have in his possession or control, except for the actual consumption of himself or family, any substance designed to be used as a substitute for butter or cheese, unless the vessel containing it shall be marked as required in the preceding section. 465. Penalty. A violation of any of the foregoing provisions of this Article shall be a misdemeanor.—Code of Georgia, 1895, vol. 3, pp. 137–139. 547. Sale of oleomargarine without notice. If any manufacturer, merchant, shopkeeper, or other person shall sell or expose for sale the product known as "oleomargarine", without first branding, marking or labeling it in a legible manner and conspicuous place with the word "oleomargarine", so as to be easily observed by persons offering to purchase, and also without first informing the person offering to purchase that the article is oleomargarine, he shall be guilty of a misdemeanor. 548. Notice to guests of use of oleomargarine. If the proprietor, keeper or manager of any hotel, inn, restaurant or house of public entertainment, shall knowingly furnish, offer or set before, or permit to be offered, furnished or set before his guests, the article known as "oleomargarine", without first putting his guests on notice by posting in conspicuous places in the dining-room, and in all other rooms where the guests of such house are accustomed to take meals, and also in the private rooms where the guests of such house are accustomed to take meals, and also in the private rooms of the guests, notices that can be easily observed and read by the guests, in the following words: "This house uses oleomargarine," and also by printing said notice on their bills of fare when bills of fare are used by such house, he shall be guilty of a misdemeanor.-Code of Georgia, 1895, vol. 3, p. 153. HAWAII. GENERAL FOOD LAWS. SEC. 1. Adulteration of food and drugs. No person shall within the Territory of Hawaii manufacture, 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 drugs, medicine, or medicinal preparations for internal or external use, antiseptics, antiseptic dressings, 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." An 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 some 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; (4) if it contain any substance inimical or dangerous to life without the same being duly stated on the label or wrapper. (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 product 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, or any deleterious substance not a necessary ingredient to its manufacture: Provided, That the provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles of food, if the same be distinctly labeled as mixtures or compounds, and are not injurious to health, and contain no ingredient not necessary to the preparation of a genuine article of such mixtures or compounds, and from which no necessary ingredient in its preparation is eliminated. SEC. 4. Samples. Every person manufacturing, offering, or exposing for sale, or delivering to a purchaser, any drug or article of food, included in the provisions of this act, shall furnish to the duly appointed food commissioner, upon demand, either personally or in writing, a sample sufficient for the analysis of any such drug or article of food which is in his possession. SEC. 5. Penalties. Whoever refuses to comply, upon demand, with the requirements of section 4, and whoever violates any of the provisions of this act, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not to exceed one hundred nor less than twenty-five dollars, or imprisoned at hard labor not exceeding one hundred nor less than thirty days, or both. And any person found guilty, under the provisions of this act, of manufacturing, offering for sale, or selling an adulterated article of food, or drug, shall be adjudged to pay, in addition to the penalties hereinbefore provided for, all the necessary 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. Food Commissioner; salary, etc. To carry out the provisions of this Act, the Board of Health shall appoint a duly qualified Food Commissioner and analyst, who shall receive such salary as the Legislature shall from time to time appropriate and who shall furnish good and sufficient bonds of not less than Two Thousand Dollars ($2,000.00) for the proper and unprejudiced performance of his duties and who shall be provided by the Board of Health with the necessary chemical and microchemical apparatus, together with a proper office and laboratory for work. SEC. 7. Duties of Food Commissioner. It shall be the duty of the Food Commissioner to carefully inquire into the quality of the several articles which are foods or the necessary constituents of foods manufactured or for sale, sold or exposed for sale within the Territory of Hawaii, and he may in a lawful manner procure samples thereof, subject the same to careful examination and report the result of such analysis of all or any of such food and drink products or dairy products, as are adulterated, impure or unwholesome, in contravention of the laws of the Territory of Hawaii, to the Board of Health, and it shall be the duty of the Food Commissioner, with the consent of said Board of Health, to make complaint, with the necessary evidence, through the proper authorities against such manufacturer or vendor. SEC. 8. Inspection. The Food Commissioner, with the consent and sanction of the Board of Health, shall have power in the performance of his duties, to enter into any creamery, factory, store, salesroom, storageroom, drug store or laboratory, or any place where he has reason to believe food or drink are made, prepared, sold or offered for sale, and to open any cask, tub, jar, tin, bottle, case or package containing or supposed to contain any article of food or drink and examine or cause to be examined the contents thereof, and to take therefrom samples for analysis. SEC. 9. Monthly report. The Food Commissioner shall make a monthly report in writing to the President of the Board of Health containing the results of inspection and analysis in detail; and upon request of the said Board he shall furnish for publication a popular explanation of the same covering any month or period, together with any such other information, as may come to him in his official capacity relating to the adulteration of drugs and food and drink products, so far as the same may be deemed by said Board of Health to be of benefit and advantage to the public. SEC. 10. Complaints. The Food Commissioner shall investigate complaints on the information of any person who shall lay before him satisfactory evidence of the same. SEC. 11. Jurisdiction. Jurisdiction is hereby conferred upon all district magistrates to hear and determine all cases arising under this act.-Session Laws, 1898, act 34, amended by Territorial Act. MILK. 769. License. The annual fee for a license to sell milk shall be Two Dollars and Fifty Cents.-Session Laws, 1896, ch. 64, as amended by Session Laws, 1898, ch. 57. TERRITORIAL REGULATIONS. 23. Decayed or unwholesome products in markets. No tainted or decayed meat, fish, birds or fowl, fruit or vegetables, nor any milk, which is not healthy, fresh, sound, wholesome, and fit and safe for human food, nor any meat or fish that died from dis ease, shall be brought into or offered for sale as food or kept in any public or private market anywhere within the Territory of Hawaii. 24. Inspection of markets, etc. All public and private markets, together with all tools, machinery, and appurtenances connected therewith, and all articles therein exposed or offered for sale as food or drink, and the contents of all ice chests and refrigerators in which any kind of food or drink is or may be kept for sale, shall be subject at all reasonable hours to the inspection of the board of health or its agent, and upon any cattle, meat, birds, fowl, fish, fruit, vegetables, or any other articles of food or drink being found by any inspector, agent, or other officer of the board of health in a condition which is unwholesome and unfit for use as human food he shall condemn the same and cause it to be removed and suitably disposed of, at the expense of the owner of the same. 25. Food condemned by board of health. No person shall expose or offer for sale, or shall sell, or cause or allow to be used as food or drink, any article which has been condemned by the board of health or its agent. 26. Cleanliness of markets. The stalls, floor, grounds, and appurtenances in and about all markets or any place where any article is kept or offered for sale as food or drink shall be kept in a cleanly and wholesome condition, free from accumulations or deposits of manure or filth of any kind. 27. Badly cured meat, etc. Any bad or badly cured meat, or any substance which is emitting a noxious, deleterious effluvium, must be immediately removed, at the expense of the owner, from the premises where they are stored, notice having first been given by the board of health or its agent. 40. Adulterated foods. The sale of any article of food which has any substance mixed with it so as to lower or depreciate or injuriously affect its quality, strength, or purity is prohibited, unless the same shall be sold in accordance with regulation No. 43. 41. Fraudulent adulteration. The sale of any article of food for which an inferior or cheaper substance has been substituted, in whole or in part, is prohibited, unless the same shall be sold in accordance with regulation No. 43. 42. Imitation foods. The sale of any imitation of an article of food for the genuine is prohibited. Such imitation, if not injurious to health, may be sold when the package or container is plainly marked and sold as such. 43. Labeling of mixtures or compounds. The sale of all mixtures or compounds recognized as ordinary food mixtures is prohibited unless the same shall be distinctly labeled as such mixture or compound. 44. Injurious adulterations. The sale of any article of food which contains any added substance or ingredient which is poisonous or injurious to health is prohibited. 45. Salicylic acid prohibited. Salicylic acid has been declared by the board of health to be a deleterious substance when mixed with any article of food or drink, and as such injurious to health. The sale of any article of food or drink containing salicylic acid is prohibited.— Laws Relating to Health Matters and Rules and Regulations of the Board of Health, pp. 59 and 62. IDAHO. The State of Idaho has no officer for the enforcement of its food laws. GENERAL FOOD LAWS. 6918. Adulterated food and drugs. 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 fraudently sells, or keeps or offers for sale the same, as unadulterated or undiluted, is guilty of a misdemeanor. 6919. Tainted or diseased food and drugs. Every person who knowingly sells, or keeps or offers for sale, or otherwise disposes of any article of food, drink, drug, or medicine, knowing 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 misdeamor. 6920. Sale of famished animals. Every person who slaughters, offers or exposes for sale to the public any animal or animals that have been confined for forty-eight hours or more without proper food, or twenty hours without water, is guilty of a misdemeanor.-Act of January 27, 1883. Revised Statutes, 1887, p. 744. BUTTER. 6917. Imitation or adulterated butter. Every person who sells or keeps for sale, or offers for sale, or otherwise disposes of oleomargarine, butterine, mixture imitating butter, or adulterated butter, under the name of or under the pretense that the same is butter, or keeps for sale or manufactures oleomargarine, butterine, mixture imitating butter, or adulterated butter, without branding the same or the package in which it is contained, on the outside thereof, with the word oleomargarine, butterine or adulterated butter, is guilty of a misdemeanor.-Revised Statutes, 1887, p. 744. SEC. 1. Adulteration defined. For the purpose of this Act, every article, substitute, or compound, other than that which is procured from pure milk or cream therefrom, made in the semblance of butter, and designed to be used as a substitute for butter made from pure milk or its cream, is hereby declared to be imitation butter. Provided, That the use of salt and harmless coloring matter, for coloring the product of pure milk or cream, shall not be construed to render such product an imitation. SEC. 2. Coloring matter. No person shall coat, powder, or color with annatto or any coloring matter whatever, any substance designed as a substitute for butter, whereby such substitute or products so colored or compounded shall be made to resemble butter, the product of the dairy. No person shall combine any animal fat or vegetable oil or other substance with butter or combine therewith, or with animal fat, or vegetable oil, or combination of 6856 No. 69—02—7 91 |