SEC. 12. Definition. The word "person" as used in this act shall be construed to import both the plural and the singular, as the case demands, and shall include corporations, companies, societies and associations. When construing and enforcing the provisions of this act, the act, omission, or failure of any officer, agent, or other person acting for or employed by any corporation, company, society, or association, within the scope of his employment or office, shall in every case be also deemed to be the act, omission, or failure of such corporation, company, society, or association as well as that of the person. SEC. 13. Repeal. Chapter sixty-eight of the public laws of nineteen hundred and five and all other acts or parts of acts inconsistent herewith, are hereby repealed.

SEC. 14. Effect. This act shall take effect as to foods when approved, and as to drugs January first, nineteen hundred and eight, but the penalties of this act shall not be enforced on account of any sale of any goods from stocks purchased prior to this date, January first, nineteen hundred and eight, provided such medicines be stamped plainly “on hand January first, nineteen hundred and eight."

Approved March 26, 1907. Laws of 1907, ch. 124, pp. 137-142.

CONFECTIONERY.

See General Food Law, page 103.

FISH.

SEC. 17. Size of lobsters; meat sold out of shell unlawful; penalty. No person shall buy or sell, give away or expose for sale or possess for any purpose any lobster less than four and three-fourths inches in length, alive or dead, cooked or uncooked, measured in manner as follows; taking the length of the back of the lobster measured from the end of the bone of the nose to the center of the rear end of the body shell; and any lobster shorter than the prescribed length when caught shall be liberated alive at the risk and cost of the parties taking them, under a penalty of one dollar for each lobster so caught, bought, or sold, given away, or exposed for sale or in possession. The possession of mutilated iobsters, cooked or uncooked, shall be prima facie evidence that they are not of the required length. All lobsters or parts of lobsters sold for use in this state or for export therefrom must be sold and delivered in the shell under a penalty of twenty dollars for each offense, and whoever ships, buys, gives away, sells or exposes for sale lobster meat after the same shall have been taken from the shell shall be liable to a penalty of one dollar for each pound of meat so bought, sold, given away, exposed for sale or shipped. Any person or corporation in the business of a common carrier of merchandise, who shall knowingly carry or transport from place to place lobster meat after the same shall have been taken from the shell shall be liable to a penalty of fifty dollars upon each conviction thereof. All lobster meat so illegally bought, shipped, sold, given away, exposed for sale or transported shall be liable to seizure and may be confiscated. Nothing contained herein shall be held to prohibit the sale of lobsters that have been legally canned.—As amended March 11, 1907; Laws of 1907, ch. 50, p. 50. See Bul. 69, Rev., Pt. III, p. 230.

Revised Statutes 1903, ch. 41, p. 401.

MILK.

SEC. 1. Trade-mark on cans may be registered. All persons and corporations engaged in buying, selling or dealing in milk or cream in cans, jugs, bottles or jars, with their names or other marks or devices, together with the word "registered," branded, engraved, blown or otherwise produced in a permanent manner in or upon such cans, jugs, bottles or jars, may file in the office of the clerk of the city or town in which their principal place of business is situated, and also in the office of the secretary of state, a description of the name or names, mark or marks, device or devices so used by them, and cause such description to be published once each week for four weeks successively in a newspaper published in the city or town in which said description has been filed aforesaid, except that where there is no newspaper published in such city or town then such publication may be made in any newspaper published in the county in which such city or town is situated.

SEC. 2. Detention of registered cans, etc., a misdemeanor; penalty. Whoever without the consent of the owner takes, detains or uses in his business, sells, disposes of, buys, conceals or traffics in any milk can, jug, bottle or jar, the owner of which has complied with the provisions relating thereto in section one of this act, shall be punished for the first offense by a fine not exceeding five dollars, or by imprisonment for a term not exceeding sixty days, for each can, jug, bottle or jar so taken, detained or used in his business, sold, disposed of, bought, concealed or trafficked in, and for any subsequent offense by a fine not exceeding ten dollars, or by imprisonment for a term not exceeding six months, for each can, jug, bottle or jar so taken, detained or used in his business, sold, disposed of, bought, concealed or trafficked in as aforesaid. Possession by any person in the transaction of his business of any such article the owner of which has complied with the provisions of section one of this act shall constitute prima facie evidence of the unlawful taking, use, detention, possession of or traffic in the same within the meaning of this act.

SEC. 3. Defacement or destruction of registered cans, etc., a misdemeanor; penalty. Whoever, without the consent of any owner who has complied with the provisions of section one of this act, willfully destroys, mutilates or defaces any can, jug, bottle or jar bearing such owner's name, mark or device, or wilfully erases, mars, covers or changes any word or mark branded, engraved, blown or otherwise produced, in a permanent manner in or upon any such can, jug, bottle or jar, shall be punished for the first offense by a fine not exceeding five dollars, or by imprisonment for a term not exceeding sixty days, for each can, jug, bottle or jar so destroyed, mutilated or defaced, or for each can, jug, bottle or jar upon which any word or mark has been erased, marred, covered or changed as aforesaid; and for any subsequent offense by a fine not exceeding ten dollars, or by imprisonment for a term not exceeding six months, for each can, jug, bottle or jar so destroyed, mutilated or defaced, or for each can, jug, bottle or jar upon which any word or mark has been erased, marred, covered or changed as aforesaid.

SEC. 4. Defilement of registered cans, etc., a misdemeanor; penalty. Whoever puts any unclean or foul substance or matter into any milk can, jug, bottle or jar, the owner of which has complied with the provisions of section one of this act, shall be punished for the first offense by a fine of not less than fifty cents nor more than five dollars, for each can, jug, bottle or jar so defiled; and for any subsequent offense by a fine of not less than two dollars nor more than twenty dollars, for each can, jug, bottle or jar so defiled.

SEC. 5. Prosecution for wrongful possession of registered cans, etc.; penalty. Whenever any person or corporation having complied with the provisions of section one of this act, or the agent of any such person or corporation, shall make oath before any justice of any municipal, police or district court, or before any trial justice, that he has reason to believe and does believe that any person or corporation has wrongfully in possession or is secreting any of his or its milk cans, jugs, bottles or jars, marked and described as provided in section one of this act, said justice or trial justice shall, if satisfied that there is reasonable cause for such belief, issue a search warrant to discover and obtain the same, and may also cause to be brought before him the person or an agent or employee of the corporation in whose possession such cans, jugs, bottles or jars are found, and shall thereupon inquire into the circumstances of such possession; and if said justice or trial justice finds that such person or corporation has been guilty of a wilful violation of section two, three or four of this act he shall impose the penalty prescribed in the section or sections so violated, and shall also award to the owner possession of the property taken upon such search warrant.

SEC. 6. Effect. This act shall take effect when approved.

Approved March 26, 1907.

Laws of 1907, ch. 129, pp. 146-147.

WATER.

SEC. 1. Pollution of drinking water, a misdemeanor; penalty. Whoever knowingly and wilfully poisons, defiles or in any way corrupts the waters of any well, spring, brook, lake, pond, river or reservoir, used for domestic purposes for man or beast, or knowingly corrupts the sources of any public water supply, or the tributaries of said sources of supply in such manner as to affect the purity of the water so supplied, or knowingly defiles such water in any manner, whether the same be frozen or not, or puts the carcass of any dead animal or other offensive material into said waters, or upon the ice thereof, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding one year.-As amended March 22, 1907; Laws of 1907, ch. 104, p. 112. See Bul. 69, Rev., Pt. III, p. 233.

Revised Statutes 1903, ch. 129, p. 949.

REGULATIONS.

(M. F. D. R. 3.) SCOPE OF THE REGULATIONS.

Section 5 of the Maine food and drug law directs the director to make uniform rules and regulations for carrying out the provisions of the law and permits him to fix and adopt standards of purity. The rules, regulations, and standards are, when possible, to be the same as those adopted by the executive officer of the national food and drugs act, June 30, 1906. These rules, regulations, and standards become when published a part of the law. In addition to these the director of the station will publish from time to time expressions of opinion which are not to be considered in the light of rules and regulations and are not part of the law. These opinions are and will be in accord with the foodinspection decisions of the United States Secretary of Agriculture and express his attitude and that of the station director in the interpretation of the law. They are issued in an advisory spirit and are not mandatory. It may often occur that such an opinion is not that of the manufacturer, jobber, or dealer.

In this case there is no obligation resting upon the manufacturer, jobber, or dealer to follow the line of procedure thus indicated. Each one is entitled to his own opinion and interpretation, and to assume the responsibility of acting in harmony therewith. It is clear, however, that if the manufacturers, jobbers, and dealers interpret the rules and regulations in the same manner as they are interpreted by the director and follow that interpretation in their business transactions, no prosecution will lie against them.

In reaching the opinions and decisions which are adopted by the director of the station, the United States Secretary of Agriculture keeps constantly in view the two great purposes of the national food and drugs act, namely, to prevent misbranding and to prohibit adulteration. From the tenor of the correspondence received and from the oral hearings which have been held, it is evident that an overwhelming majority of the manufacturers, jobbers, and dealers are determined to do their utmost to conform to the provisions of the act, to support it in every particular, and to accede to the opinions of the United States Secretary of Agriculture respecting its construction. It is hoped, therefore, that the publication of the opinions and decisions will lead to the avoidance of litigation.

(M. F. D. R. 4.) FOOD STANDARDS.

As empowered in section 5 of the Maine food and drug law, chapter 124 of the Public Laws of 1907, I adopt and fix as the standards of purity, quality, and strength of food the standards published in Bulletin 135 of the Maine Agricultural Experiment Station, pages 233 to 250, inclusive.

Regulations 8 to 31 published in Circular No. 21 of the Office of the United States Secretary of Agriculture are hereby adopted for the regulation of food and drugs sold in Maine.

(M. F. D. R. 7.)

The food-inspection decisions that have been and shall be made by the United States Secretary of Agriculture under the national food and drugs act, June 30, are and will be construed as applying to the Maine food and drug law.

(M. F. D. R. 8.) VINEGAR.

The standards for vinegar are given in Bulletin 135 of this station, page 249, and Miscellaneous Publication 259 contains definition of vinegar and directions for branding. These can not be taken as a guide for interstate trade; but goods sold in Maine in conformity to these suggestions will be held to be in conformity to the Maine food and drug law.

CHAS. D. WOODS,

Director Agricultural Experiment Station.

This may be obtained from the Maine Agricultural Experiment Station, Orono, Me.

Food-inspection decisions 40 to 65 have been made under the food and drugs act, June 30, 1906, and may be obtained from the Maine Agricultural Experiment Station, Orono, Me.

MASSACHUSETTS.

GENERAL FOOD LAWS.

SEC. 1. Preparations containing alcohol, etc., must be so labeled. Upon every package, bottle or other receptacle holding any proprietary or patent medicine, or any proprietary or patent food preparation, which contains alcohol, morphine, codeine, opium, heroin, chloroform, cannibis indica, chloral hydrate, or acetanilid, or any derivative or preparation of any such substances, shall be marked or inscribed a statement on the label of the quantity or proportion of each of said substances contained therein. The size of type in which the names of the above substances shall be printed on the labels as above, shall not be smaller than eight point (brevier) caps; provided, that in case the size of the package will not permit the use of eight point cap type the size of the type may be reduced proportionately. The provisions of section nineteen of chapter seventy-five of the Revised Laws, [see Bul. 69, Rev., pt. 3, p. 247] so far as they are consistent herewith, shall apply to the manner and form in which such statements shall be marked or inscribed.— As amended March 29, 1907; Acts and Resolves 1907, ch. 259, pp. 203-204. See Bul. 104, p. 32.

SEC. 2. Exemption under guaranty. No dealer shall be prosecuted under the provisions of this act when he can establish a guaranty signed by the wholesaler, jobber or manufacturer residing in this Commonwealth, from whom he purchases such articles, to the effect that the same is not misbranded within the meaning of this act, designating it. Such guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer; and in such case said party or parties shall be amenable to the prosecutions, fines and other penalties which would attach, in due course, to the dealer under the provisions of this act.-Added March 29, 1907; Acts and Resolves 1907, ch. 259, p. 204. See Bul. 104, p. 32.

Approved May 11, 1906. Acts and Resolves of 1906, ch. 386, pp. 274-275.

SEC. 6. Expenditures of board of health. The state board of health may annually expend not more than fourteen thousand five hundred dollars for the enforcement of the provisions of sections sixteen to twenty-seven, inclusive; but not less than three fifths of said amount shall be annually expended for the enforcement of the laws against the adulteration of milk and milk products. As amended March 14, 1907. Acts and Resolves 1907, ch. 208, p. 157. See Bul. 69, Rev., Pt. III, p. 246.

DAIRY PRODUCTS.

Standard for cream; offender fined. Whoever, himself or by his agent, or as the servant or agent of another person, sells, exposes for sale, or has in his custody or possession with intent to sell, cream containing less than fifteen per cent milk fat shall for a first offense be punished by a fine of not more than fifty dollars; for a second offense by a fine of not less than fifty nor more than