The Public Statutes Regulating the Work of the Laboratory of Hygiene

Revision of 1906

Section 5423. Supervision; equipment; health officers' school. The state board of health shall have the supervision and management of, and equip with the proper and necessary apparatus, instruments and supplies, the laboratory of hygiene, for the chemical and bacteriological examination of water supplies, milk and food products, and the examination of cases and suspected cases of diphtheria, typhoid fever, tuberculosis, malaria and other infectious and contagious diseases. Said board may conduct a school of instruction for health officers at such times and places as it shall direct. It may issue a periodical giving the results of the work done at the laboratory and the approved methods for the protection of the public health, and such publication shall be furnished free to the health officers.

Section 5424. Director; appointment; report; assistants.

Said board shall appoint and may remove in its discretion a director of such laboratory, who shall keep a record of the specimens sent to him for examination, and examine such specimens without unnecessary delay. He shall biennially, before the first day of January, make a full report to said board of all matters pertaining to the laboratory, and shall make such other and special reports as said board may direct. Said director, with the approval of said board, may appoint such assistants as may be required.

Section 5425. Free use; investigations for state's attorney; expert testimony.

The use of the laboratory, and all investigations mentioned in this chapter therein made, shall be free to the people of this state. Whenever the state's attorney of a county on the order of a superior judge or the attorney general, requests for use in a criminal cause pending in his office, an expert investigation, chemical or pathological of a substance, such investigation shall be made at the laboratory forthwith, without charge to the state; and the expert making such investigation shall submit the results of his work to said state's attorney, and shall attend

court as a witness at any place in the state when required to do so by subpoena and submit in court the results of his investigation, and he shall be paid as such witness his actual expenses of attendance when summoned by the state.

If a superior judge or the attorney general orders an autopsy on the body of a person, as provided in section 2346, he shall therein direct that such autopsy shall be made by the pathologist of the laboratory of hygiene, or under his direction, unless, for good cause shown, said judge or the attorney general otherwise directs. At such autopsy, said pathologist shall take and preserve under proper seal, such portions of the body and its contents, together with such other articles as he judges may require subsequent examination in the investigation of the case. For performing such autopsy, the pathologist shall be paid his actual expenses, including the expenses of his assistants. The auditor of accounts shall, upon presentation of the account for such expenses, duly sworn to by such pathologist and approved by the state's attorney of the county or attorney general, draw an order therefor.

Section 5427. Appropriation.

The sum of ten thousand dollars is hereby annually appropriated to be extended under the direction of the state board of health in paying the expenses of the laboratory of hygiene incurred under the provision of the second, third and fourth preceding sections, and such expenses shall not exceed ten thousand dollars in any year.

LICENSES OF THE FOURTH CLASS.

Section 5131. The Secretary of State to grant; application; bond.

Licenses of the fourth class shall not be granted by the town license commissioners, but shall be granted by the secretary of state only, upon application made to him in due form by citizens or corporations, in this or any other state or country. Such application shall be accompanied with the tender of the license fee, and a bond to the state properly signed by the applicant and by not less than two good and sufficient sureties. living and owning property in the state, approved by the secretary of state, such bond to be in amount and form as far as applicable, the same as provided in section 5117.

Section 5132. Samples of liquor; analysis; report.

Such application shall be accompanied by samples of one pint of each kind of liquor that the applicant proposes to offer for sale in this state. The samples thus furnished shall be transmitted by said secretary to the director of the state laboratory of hygiene for analysis and report thereon; and such report shall be made by said director, or under his direction, to the secretary of state in the same manner as provided in section 5167.

Section 5133. Issue; fees.

If the samples are free from adulteration prohibited in the pharmacopoeia of the United States and the other requirements of this chapter have been fully complied with by the applicant, the secretary of state shall upon payment of one dollar by the applicant for recording fee and one dollar each for the examination fee of such samples, grant such fourth class license to said applicant; provided that he may refuse to grant such license to any applicant who, in his judgment, is unfit to hold the same. Upon the denial of an application for a license of the fourth class, said secretary shall forthwith return the license fee tendered and the bond furnished by said applicant.

Section 5134. Unfavorable analysis.

In case the analysis and report of the director of the state laboratory is unfavorable to the quality of any of the samples furnished by an applicant, the secretary of state shall thereupon refuse to grant a license for the sale of such liquors upon such application and shall grant a license only for such kinds of liquors as shall prove agreeable to the aforesaid tests; and, if all samples submitted prove unfavorable, said secretary shall refuse to grant the license and shall return the fee and bond to the applicant.

ADULTERATED LIQUOR (FOR LICENSE COMMISSIONERS).

Section 5165. Samples; order for procurement.

If a person who has reason to believe that a licensee is selling adulterated liquors calls the attention of said (license) board thereto, said board shall, in writing, authorize some person, other than a member thereof, to procure samples of liquor for analysis. Said board may, at any time, procure, or cause 'to be procured, samples of liquor for analysis.

Section 5166. Procurement of samples.

The person so authorized shall procure samples from the licensee, and, after receiving the same, shall deliver to said licensee a copy of the written order to procure such samples; and the vessel or vessels containing the same shall be sealed before they are taken from the premises of the licensee.

Section 5167. Analysis of samples.

The samples so obtained shall be forthwith committed to the custody of said board, or a member of it, and shall be put into a package, which shall be sealed and sent by express, or delivered in person, by a commissioner, to the director of the state laboratory of hygiene, who shall make, or cause to be made, an analysis of such liquors, and send a certified report of such analysis to said board.

Section 5168. Pay for unadulterated samples.

If the samples are found free from adulterations prohibited in the pharmacopoeia of the United States, the certificate referred to in the preceding section shall so state; and the town treasurer shall pay the licensee for samples obtained, upon presentation by him of the written order upon which they were obtained; and if so requested by the licensee, the town clerk shall furnish him a certified copy of the report of the analysis.

Section 5466.

CHAPTER 226.

FOOD AND DRUGS.

Adulterated articles; sales prohibited.

No person shall sell, offer or expose for sale an adulterated food, drug or substance to be used for medicine, food or drink for man or domestic animals.

Section 5467. "Food" and "drugs" defined.

The word food," as used in this chapter, shall include all articles whether simple, mixed or compound, used for food, drink, confectionery, or condiments, by man or beast. The word" drug," as used in this chapter shall include all medicines and preparations recognized in the United States pharmacopoeia or national formulary, for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation or prevention of disease of either man or beast.

Section 5468. "Adulterated food" defined.

For the purposes of this chapter, an article of food shall be deemed to be adulterated if any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength; or if any substance has been substituted wholly or in part for the article; or if any valuable constituent of the article has been wholly or in part abstracted; or if it is mixed, colored, powdered, coated or stained in a manner whereby damage or inferiority is concealed; or if it contains any added poisonous or other added deleterious ingredient which may render such article injurious to health, provided that when in the preparation of food products for shipment they are preserved by an external application applied in such manner that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise, and directions for the removal of said preservative shall be printed on the covering of the package, the provisions of this chapter shall be contrued as applying only when such products are ready for consumption; or if it consists in whole or in part of a filthy, decomposed or putrid animal or vegetable, substance, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter.

Section 5469. Adulterated drug," defined.

For the purpose of this chapter, a drug shall be deemed to be adulterated if, when it is sold under or by a name recognized in the United States pharmacopoeia or national formulary it differs from the standard of strength, quality or purity, as determined by the test laid down in the United States pharmacopoeia or national formulary official at the time of investigation, provided that no drug defined in the United States Pharmacopoeia or national formulary shall be deemed to be adulterated under this provision if the standard of strength, quality or purity be plainly stated upon the bottle, box or other container thereof, although the standard may differ from that determined by the test laid down in the United States Pharmacopœia or National Formulary; or if its strength or purity falls below the professed standard or quality under which it is sold. Section 5470. "Adulterated confectionery," defined.

For the purposes of this chapter, confectionery shall be deemed to be adulterated if it contains terra alba, barytes, talc, chrome yellow, or other mineral substance or poisonous color