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or the prosecuting attorney in any county of the State, when called upon by the Dairy Commissioner, to render any legal assistance in their power to execute the laws and to prosecute cases arising under the provisions of this act.
SEC. 12. The Secretary of State, the professor of agriculture and superintendent of institutes and one other appointed by the Governor of the State shall hereby constitute a State Board of Dairy, Pure Food and Oil Commissioners, who, in conjunction with the State Board of Horticultural Inspection, shall carry out the provisions of this act.
SEC. 13. The State Board of Dairy, Pure Food and Oil Commissioners, shall receive no compensation for their services as such board, but shall be allowed necessary traveling expenses and the Commissioner and Secretary shall be allowed traveling, printing and other expenses not exceeding $1,200. annually. All accounts for expenditures incurred or made pursuant to the provisions of this act shall be approved and certified by the said State Board of Dairy, Pure Food and Oil Commissioners before presentation to the State Auditor,
SEC. 14. The State Board of Dairy, Pure Food and Oil Commissioners shall biennally on December first, report to the Governor of this State a full account of their official actions under this act, also the operations and results of this or any other laws pertaining to the dairy industry of the State; a full account of all expenses and disbursements of the board; as full and complete statistics as it is in their power to collect pertaining to the manufacture, ports and exports, of the dairy products within the State for the biennial term, and shall make suggestions as to the need of further legislation on this subject.
SEC. 15. All expenses incurred under the provisions of this act shall be audited as required by this law upon bills being presented, properly certified by the Board of Dairy, Pure Food and Oil Commissioners, and the State Auditor shall, from time to time, draw warrants upon the State Treasurer for the amounts thus audited.
SEC. 16. To carry out the provisions of this act, there is hereby appropriated out of the general fund of the State for the term of two years beginning April 1st, 1903, four thousand nine hundred ($4,900) dollars.
SEC. 17. One-half of all fines collected under the provisions of this act shall be paid to the State Treasurer and placed to the credit of the general fund and the remainder to be paid forthwith, into the treasury of the county in which the conviction is obtained.
SEC. 18. All clerks, bookkeepers, express agents, railroad officials, employees, or employees of common carriers shall render to the Dairy, Food and Oil Commissioner, and his deputies all the assistance in their power in tracing, finding or discovering the presence of any article named in this act. Any refusal or neglect on the part of such clerks, bookkeepers, express agents, railroad officials, employee or employees of common carriers to render such friendly aid, shall be a misdemeanor, punishable as provided in Section 30, of this act.
SEC. 19. No person, persons or corporations shall sell or offer for sale any cream taken from impure or diseased milk, or any cream that contains less than eighteen per centum of pure butter fat.
SEC. 20. No person, persons or corporations shall sell or expose for sale in any store or place of business or in any wagon or other vehicle used in the transportation or sale of milk from which cream has been removed or milk commonly called "skimmed milk” without first marking the can or package containing said milk with the words "skimmed Milk” in large plain black letters, each letter being at least one inch high and one-half inch wide, said words to be on the side not below the middle of said can or package, where they can be easily seen. Any person, persons or corporations violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be punished for each and every offense as provided in Section 30. of this act.
SEC. 21. That all moneys received from the sale of any and all goods confiscated under this act shall be received by the said commissioner and deposited the first of every month with the State Treasurer, to be placed in the general fund.
SEC. 22. Possession by any person or firm of an article or substance the sale of which is prohibited by this act shall be considered prima facie evidence that the same is kept by such person or firms in violation of the provisions of this act, and the commissioners shall be authorized to seize upon and take possession of such articles or substances, and upon the order of any court which has jurisdiction thereof, he shall sell the same for any purpose other than to be used for food, the proceeds to be paid to the State Treasurer and placed to the credit of the general fund.
SEC. 23. No person, firm, or: corporation shall manufacture, sell or offer for sale or have in his possession with the intent to sell butter known as “process butter” unless the package in which the butter is sold has marked on the side of it the words "Renovated Butter”.in capital letters one inch high and one-half inch wide with ink which is not easily removed: Provided, That it shall be unlawful for any retailer to sell said butter unless a card is displayed on the package from which he is selling butter with the following words printed thereon so that it may be easily read by the purchaser “Renovated Butter” or if it is sold in packages on which a wrapper is used the words "Renovated Butter" shall be plainly printed on each and every wrapper: Provided, further, That all process butter shipped from other States shall be subject to the same regulations as provided in this section. Whoever violates the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be punished for each and every offense as provided in Section 30, of this act.
SEC. 24. No person, persons or corporations, shall, within the State, manufacture for sale, offer for sale, or sell any article of food which is adulterated within the meaning of this act.
SEC. 25. The term "food" as used herein shall include all articles used for food or drink by man, whether si mixed or compound.
SEC. 26. Any article shall be deemed to be adulterated within the meaning of this act. In the case of food :
(1) If any substance or substances have been mixed with it, so as to lower or depreciate, or injuriously effect 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 sold under the name of, another article. (5) If it consists wholly or in part, of a diseased, decomposed, putrified, infected, tainted, or rotten animal, vegetable or fruit substance or article, whether manufactured or not; or in 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 : Provided, That the provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles or ingredients of articles of food, if each and every package sold or offered for sale is distinctly labled as mixtures or compounds, with the name and per cent. of each ingredient therein and are not injurious to health. (8) All canned fruits, vegetables, and meats, put up in tin cans, shall be stamped in cover, the year when put up.
SEC. 27. It shall be unlawful for any person, corporation or association to sell or offer to sell any coaloil, naptha, gasoline, benzine or other mineral oils or fluids the product of petroleum that will ignite at a temperature less than one hundred and fifty degrees Fahrenheit. It shall be the duty of the Dairy, Pure Food and Oil Commissioner to provide himself with a J. Taghabue's pyrometer or some other instrument equally accurate and inspect the oils offered for sale and should he find after applying the fire test, any of the oils mentioned to be of a lower test than one hundred and fifty degrees he shall condemn such oil for illuminating purposes.
SEC. 28. Any person, persons or corporations manufacturing, exposing or offering for sale, or delivering to a purchaser, any article of food or oils included in the provisions of this act, shall furnish to any person interested or demanding the same, (who shall apply to him for the purpose, and shall tender him the value of the same), a sample sufficient for the analysis or testing of any such ad. ticle of foods or oils which is in his or their possession.
SEC. 29. In all prosecutions arising under this act the certificate of the chemist making the analysis or testing, when duly sworn to by such analysis, shall be prima facie evidence of the fact or facts therein certified.
SEC. 30. Whoever refuses to comply, upon demand with any of the requirements of Section 28, or whoever violates any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding one hundred dollars nor less than twenty-five dollars, or imprisonment not exceeding ninetv nor less than thirty days, or both; any person found guilty of manufacturing, offering for sale, or selling any adulterated articles of food under the provisions of this act, shall be adjudged to pay, in addition to the penalties herein provided for, all necessary costs and expenses incurred in inspecting and analyzing such adulterated articles of food of which said person may have been found guilty of manufacturing, selling, or offering for sale: Provided, That all penalties and costs for the violation of the provisions of this act shall be paid to the State Dairy, Food, and Oil Commissioner, or his agent, and by him paid into the State Treasury.
SEC. 31. That no person shall, by himself, his servant or agent, or as servant or agent of any other person, persons or corporations, manufacture for sale, or knowingly sell or offer to sell any candy or other confectionery adulterated by the ad-mixture of terra alba, barytes, talc, or any other mineral substances, or by poisonous colors or flavors or other ingredients injurious or detrimental to the health of consumers.
SEÇ. 32. Any person violating any of the provisions of Section 31 shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding $100. or sentenced to the county jail for a period of not exceeding six months; and in additions to such fine or punishment, the candy adulterated shall be forfeited and destroyed by the court having jurisdiction of all cases arising under this act.
SEC. 33. It shall be the duty of the Dairy, Pure Food and Oil Commissioner to enforce the provisions of this act and also an act to prevent the adulteration of vinegar, approved March 9th, 1899, and all other acts intended to prevent the adulteraation of food and foodstuffs.
SEC. 34. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.
SEC. 35. Whereas an emergency exists, therefor this act shall take effect from and after its passage.
Approved the 9th day of March, 1903.