Fines

CHAPTER 237.

(H. B. 266.)

RELATING TO FINES IN CRIMINAL ACTIONS.

AN ACT Entitled, An Act to Amend Section 3619 of the South Dakota Revised Code of 1919, Increasing the Amount of Fine That May be Imposed in Certain Cases.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 3619 of the South Dakota Revised Code of 1919 be amended to read as follows:

Section 3619. Fine May Be Added to Imprisonment.] Upon a conviction of any crime punishable by imprisonment in relation to which no fine is prescribed, the court may impose a fine on the offender not exceeding one thousand ($1.000.00) Dollars in addition to the punishment prescribed.

Approved March 3, 1921.

Food and Drugs

CHAPTER 238.

(S. B. 84.)

DEFINING ADULTERATED DRUGS.

AN ACT Entitled, An Act to Amend Section 7852 of the Revised Code of 1919 Relating to Adulterated Drugs.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. Section 7852 of the Revised Code of 1919 is hereby amended to read as follows:

Section 7852. "Adulterated" Defined.] For the purposes of this article a drug shall be deemed adulterated:

1. If, when sold under or by a name recognized in the United State Pharmacopoeia or National Formulary, it differs from the standard of strength, quality or purity as determined by the test laid down in such Pharmacopoeia or Formulary, at the time of investigation; provided that no drug defined in such Pharmacopoeia or Formulary shall be deemed to be adulterated if the standard of strength, quality or purity be plainly stated upon the bottle, box or other container thereof, although such standard may differ from that determined by the test laid down by such Pharmacopoeia or Formulary.

2. If its strength or purity fall below the professed standard or quality under which it is sold.

3. If the storeroom, prescription case, shelves, containers or utensils used for dispensing drugs are not at all times kept in a clean and sanitary condition.

Approved February 9, 1921.

CHAPTER 239.

(S. B. 39.)

RELATING TO BREAD.

AN ACT Entitled An Act Fixing the Weight of Loaves of Bread to be Sold in this State, Requiring the Sanitary Wrapping of Bread Sold by Bakers for Re-Sale, Requiring Sanitary Shipping Containers and Fixing Penalties.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. It shall be unlawful for any person, firm or corporation engaged in the business of manufacturing bread for wholesale or retail trade or selling bread at wholesale or retail in this state to sell bread based upon any other weights than the following standard avoirdupois weights; namely, a loaf weighing eleven ounces, a loaf weighing one pound, a loaf weighing one pound eight ounces and loaves weighing any multiple of an eight ounce unit. These shall be standard weights for bread to be sold in this state and such bread shall not be sold except of these weights; provided, that loaves weighing twenty ounces may be sold if they be conspicuously labeled on the wrapper in type not smaller than twenty-four point gothic with the following words: "not standard weight loaves, twenty ounces net." For purposes of determining whether bread is made in conformity with the provisions of this act test weights shall be made on bread not less than six hours nor more than thiry-six hours after baking. The Food and Drug Commissioner shall adopt and establish by rules reasonable tolerances or variations within which the weights of the standard loaves as provided herein shall be kept; provided, that such tolerances or variations shall not exceed two ounces per pound under on any one loaf, or one ounce per pound over or under on the average weight per loaf when the bread shall be weighed in lots of twenty-five or more loaves. It shall be the duty of the State Food and Drug Commissioner to enforce the provisions of this Act.

Section 2. It shall be unlawful for any person, firm or corporation to keep or offer for sale or to sell bread unless each loaf of the same shall have been properly wrapped before leaving the bakery where made with a suitable sanitary wrapper; provided that this shall not apply to bread commonly known in the baking industry as hearth bread, when made in loaves of such shape as to make wholesale wrapping impracticable, or to bread manufactured or sold exclusively for hotel and restaurant purposes and not resold by the loaf if such bread be packed in the shop where made in clean and sanitary containers and so delivered to the hotel or restaurant where consumed.

Section 3. It shall be unlawful for any person, firm or corporation to deliver or transport or to deliver for transportation bread except in

clean and sanitary vehicles or containers. Every box, basket, hamper or other container in which bread is shipped or delivered, except new one-service corrugated straw-board or other suitable sanitary one-service containers, to be used once only, shall be completely lined with clean new paper every time such container is packed with bread for delivery or shipment in such manner as may be necessary to protect the bread contained therein from dust during delivery or shipment. Every empty box, basket, hamper or other shipping container for bread, except one-service containers, shall be promptly returned by the consignee to the owner and no such container shall be placed or be permitted to remain in any place where it is subject to unclean or filthy contamination or to use as a receptacle for offal or waste of any kind.

Section 4. Any person, firm or corporation that shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) and each days continuance of any practice, act or condition prohibited herein shall constitute a separate offense within the meaning of this act. Approved March 12, 1921.

CHAPTER 240.

(H. B. 139.)

RELATING TO STATE FOOD AND DRUG COMMISSIONER.

AN ACT Entitled, An Act to Amend Section 7791 of the South Dakota Revised Code of 1919, Relating to the Appointment, Bond, Term of Office and Salary of the State Food and Drug Commissioner.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 7791 of the Revised Code of 1919 be and the same is hereby amended to read as follows:

Section 7791. Commissioner, Appointment, Bond.] The State Food and Drug Department shall be in charge of the food and drug commissioner, whose term of office shall be two years, commencing on the first day of July in each odd-numbered year, and who shall be appointed by the governor, by and with the consent of the senate; vacancies occuring in such office for any cause shall be filled by appointment by the governor for the unexpired term; the salary of such commissioner shall be thirty-six hundred dollars per annum; before entering upon the discharge of his duties such commissioner shall take the constitutional oath of office and execute an official bond in the penal sum of five thousand dollars, with sufficient sureties, to be approved, filed and recorded as other official bonds, conditioned only for the faithful performance of his duties as such commissioner and for the payinent of all money due from him to the state, but only the state shall have the right to maintain a suit upon such bond; the University of South Dakota shall furnish the necessary room, heat, light and janitorial service for such department, free of charge, and the appliances of its laboratory may be used by such department by replacing material consumed.

Approved March 1, 1921.

CHAPTER 241.

(S. B. 6.)

RELATING TO LICENSE FOR HOTELS, RESTAURANTS, ETC.

AN ACT Entitled, An Act to Amend Section 7825 of the South Dakota Revised Code of 1919, Relating to License for Hotels, Restaurants and Rooming Houses.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 7825 of the South Dakota Revised Code of 1919, be, and the same is hereby amended so as to read as follows:

Section 7825. License.] On or before the first day of July, in each year, every person engaged or engaging in the business of conducting a hotel or restaurant, or both, or a rooming house, shall make application for a license for each hotel, rooming house or restaurant, so conducted or proposed to be conducted; provided, that one license shall be sufficient for each combined hotel or restaurant where both are conducted in the same building, and under the same management. license shall expire on the thirtieth day of June in each year. Such license must be posted in a conspicuous place in the office or lobby of hotels, restaurants, lunch rooms, and rooming houses.

Such

The application for a hotel or rooming house license shall be accompanied by a statement showing the maximum rates per day to be charged for each room in such hotel or rooming house, to the guests when occupied by one guest, by two guests, by three guests or more. The maximum rates to be charged, and shown on the statement accompanying the application, shall be the bona fide price charged and collected for said rooms. The rate per day for each room, after it has been approved, shall be posted on a card on the inside of the entrance door of such room in type of such size and dimension sufficiently large to be easily read, which card shall also show the date when the rate was established and approved by the inspector. The prices so established, approved and posted shall not be increased until the manager of the hotel or rooming house shall have given the inspector sixty days notice in writing of his intention to so increase the said price, stating the amount he proposes to charge and the reason for making a change or increase, and until he shall have received permission from the said inspector to increase the rates. Provided that nothing herein shall be construed to prohibit the proprietor of any hotel or rooming house from making reduced rates, below the posted rates, for one or more individuals for a period of one week or longer, or making reduced rates by the day for families or special parties of five or more persons. No license shall be transferred without permission of the state food and drug commissioner and in no case more than one such transfer shall be permitted. It shall be unlawful to maintain or conduct any hotel, rooming house or restaurant in this state, without procuring a license therefor, and complying with the provisions of this article.

Approved February 28, 1921.

CHAPTER 242.

(S. B. 83.)

REQUIRING SANITARY CONDITIONS FOR THE PREPARATION, DISTRIBUTION AND SALE OF FOOD PRODUCTS.

AN ACT Entitled, An Act to Prevent the Preparation, Packing, Storing, or Distributing of Food Intended for Sale, or the Sale of Food Under Insanitary, Unhealthful or Unclean Conditions or Surroundings, to Declare That Such Conditions Shall Constitute a Nuisance, to Create a Sanitary Inspection, and to Provide for the Enforcement Thereof.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That every building, room, basement, inclosure or premises, occupied used or maintained as a bakery, confectionery, cannery, bottling works, packing house, slaughter house, creamery, cheese factory, restaurant, hotel, grocery, meat market, or as a factory, shop, warehouse and public place or manufacturing establishment used for the preparation, manufacture, packing, storage, sale or distribution of any food as defined by statute, which food is intended for sale, shall be properly and adequately lighted, drained, plumbed, and ventilated, and shall be conducted with strict regard to the influence of such conditions upon the health of the employees, operatives, clerks, or other persons therein employed, and the purity and wholesomeness of the food therein produced, prepared, manufactured, packed, stored, sold or distributed.

Section 2. The floors, side walls, ceilings, furniture, receptacles, implements and machinery of every such establishment or place where such food intended for sale is produced, prepared, manufactured, packed, stored, sold or distributed, and all cars, trucks, and vehicles used in the transportation of such food products shall at no time be kept or permitted to remain in an unclean, unhealthful and insanitary condition; and for the purposes of this Act, unclean, unhealthful and insanitary conditions shall be deemed to exist if food in the process of production, preparation, manufacture, packing, storing, sale, distribution or transportation is not securely protected from flies, dust, dirt, and as far as may be necessary, by all reasonable means, from all other foreign or injurious contamination; or if the refuse, dirt, or waste products subject to decomposition and fermentation, incident to the manufacture, preparation, packing, storing, selling, distributing, or transportation of such food are not removed daily or if all trucks, trays, boxes, buckets, or other receptacles, or the chutes, platforms, racks, tables, shelves, and knives, saws, cleavers, or other utensils, or the machinery used in moving, handling, cutting, chopping, mixing, canning, or other processes are not thoroughly cleaned daily; or if the clothing of operatives, employees, clerks, or other persons therein employed, is unclean; or if any person, by himself or by his servant or agent, or as the servant or agent of any other person, firm or corporation having custody of a jar, bottle, measure, or other vessel used as a container for any carbonated or non-alcholic beverage, soda-water, mineral, spring, or distilled water either plain or carbonated, or any other soft drink, so-called, places or causes or permits to be placed therein any offal, kerosene, or other article except waters or beverages as herein enumerated, and chemical agents and water used for cleansing said vessels.

Section 3. The side walls and ceilings of every bakery, confectionery, creamery, cheese factory, and hotel or restaurant kitchen shall be