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under the federal jurisdiction, is hereby declared to be a nuisance and shall be abated upon a complaint, hearing and judgment, or order, of court in a proceeding in the District Court, of the district where such article of food, drug, or liquor, is found, by seizure and confiscation for destruction or sale. If such article is condemned as being adulterated, or misbranded, or as being of a poisonous, or deleterious character, within the meaning of this act, it shall be disposed of under the proper order of court by destruction, or by sale in the manner provided for the sale of chattels under execution, in the discretion of the court; and the proceeds thereof if it be sold, less the legal cost and charges, shall be paid to the State Treasurer; but such article of food, or drug, shall not be sold in any jurisdiction contrary to the law thereof.

SEC. 10. "Person defined. The word "person" as used in this act, shall be construed to import both the plural and singular, as the case demands, and shall include corporations, companies, partnerships, societies and associations. When construing and enforcing the provisions of this act, the act, omission, or failure, or any officer, agent, or other person, acting for or employed by, any corporation, company, partnership, society, or association, within the scope of his employment, or office, shall in every case also be deemed to be the act, omission, or failure of such corporation, company, partnership, society or association, as well as that of the person.

SEC. 11. Effect. In the opinion of the General Assembly an emergency requires this act to take effect at a time later than ninety days after its passage: therefore, this act shall take effect and be in force on and after the 1st day of January, A. D. 1908.

Repeal. All acts and parts of acts inconsistent or in conflict herewith are hereby repealed.

Approved March 7, 1907. Session Laws of 1907, ch. 1, pp. 23–29.

MEAT.

SEC. 1. Sale of tainted or diseased meat prohibited. It shall be unlawful for any person, association, firm or corporation to sell, expose for sale, give away for use as human food, or to can or pack for the purpose of transportation to and sale in any market or place in this State, any unwholesome, unhealthy, stale, emaciated, blown, tainted, putrid, or measly meat, or the flesh of any diseased animal not slaughtered for the purpose of food, knowing, or having good reason to believe that such meat is as above described, or that such flesh is the flesh of a diseased animal or of an animal not slaughtered for such purpose, and no person, association, firm or corporation, owning or operating any slaughter house or packing establishment in this State, shall receive for the purpose of killing, or kill, for human food, any diseased animal, or offer for sale the flesh of any animal found to be diseased after slaughter, or render the carcass of any animal that shall die by disease or by consequence of exposure or that shall not have been slaughtered for food, knowing or having good reason to believe that such animal was diseased, or had died from disease or in consequence of exposure, or had not been slaughtered for food. Provided, however, that where such animals have been inspected by a duly quali fied inspector of the United States Department of Agriculture, such animals may be handled according to the rules and regulations of said department under the supervision of said duly qualified inspector, but not otherwise. Whenever any inspector of the United States Department of Agriculture shall suspect any animal intended for slaughter for food as suspicious, and shall tag the same as a suspected animal, such animal shall be slaughtered only under

the supervision and inspection of the State Veterinary Surgeon, or some one appointed by him for this duty, according to such regulations as may be made by the said State Veterinary Surgeon, except where such animals are slaughtered under the inspection of the United States Department of Agriculture.

SEC. 2. Preservatives and artificial coloring matter in sausage prohibited; proviso. No person by himself or his agent shall offer or expose for sale, take orders for, or sell, or have in his possession with intent to sell for use or consumption, within this State, any sausage or chopped meat compound containing any artificial coloring, chemical preservative or antiseptic, except such as are or may be allowed by the rules and regulations adopted by the United States Department of Agriculture,

SEC. 3. Inspection of live animals and labeling of meat products. The State Veterinary Surgeon is authorized and instructed to adopt the rules and regulations of the United States Department of Agriculture as they relate to the inspection of live animals and the manufacture, labeling and marking of meat food products from slaughtering, canning and packing establishments, in so far as they can be applied to the meat food and meat food products manufactured and offered for sale in this State, and it shall be unlawful for any person to sell or offer for sale any meat or meat food products labeled or marked in a manner calculated to dedeceive [deceive] the buyer as to what such products are or contain, and any person offering for sale or selling any meat food or meat food product, so prepared and offered for sale as to appear different from what it really is or which contains ingredients not permitted by the regulations of the United States Department of Agriculture, or which is misrepresented in any way with intention to deceive the buyer, shall be guilty of a misdemeanor under this act.

It is hereby made

SEC. 4. Inspection of canning and similar establishments. the duty of the State Veterinary Surgeon to maintain, or cause to be maintained, an inspection of all slaughtering, meat canning, salting, packing, rendering or similar establishments in this State, in which cattle, sheep, swine, goats, fish or poultry are slaughtered and the meat or meat products thereof prepared and offered for sale as food, and the said State Veterinary Surgeon shall make, or cause to be made such inspection of said slaughtering plants and similar establishments where cattle, sheep, swine, goats, fish or poultry are slaughtered and prepared for food, as may be necessary to inform himself concerning the sanitary conditions of the same and he shall prescribe such rules and regulations of sanitation under which such establishments shall be maintained. Whenever the State Veterinary Surgeon shall find the conditions of any such establishment of a nature that the meat or food products prepared therein are rendered unclean, unsound, unhealthful, unwholesome or otherwise unfit for human food, he shall immediately condemn and close such establishment and shall prohibit its further use for such purpose until the same shall have been put in a sanitary condition satisfactory to the said State Veterinary Surgeon.

SEC. 5. Appointment of inspector; salary. The State Veterinary Surgeon is hereby authorized to appoint, with the approval of the Governor, a competent man as meat and slaughter plant inspector, who shall act under the direction of the State Veterinary Surgeon and shall devote all of his time to the inspection of all slaughtering and packing establishments, stores and shops, as provided herein, except such as are operating under United States Government inspection. Said Meat and Slaughter Plant Inspector shall receive a salary of $1,200 per annum, to be paid in monthly installments, and such traveling expenses as

may be necessary in the actual and necessary performance of his duties, all bills to be approved by the State Veterinary Surgeon.

SEC. 6. Additional salary for State Veterinary Surgeon. In addition to the salary already allowed the State Veterinary Surgeon by law, he shall be allowed an additional salary of $500 per annum, for his services under the provisions of this act, to be paid in monthly installments upon warrants drawn by the State Auditor.

SEC. 7. Violation of act. Whenever the State Veterinary Surgeon or the State Meat and Slaughtering Plant Inspector, shall find any diseased, putrid, unwholesome or unhealthy meat or product of any animal known to be diseased, unhealthy, unwholesome, or not slaughtered for food, in any slaughtering, packing, canning or rendering establishment, or in any store, shop, cooler, vendor's wagon or other place, where same may be offered for sale for food, or if any such diseased or unwholesome or unfit meat or meat product shall be found in the possession of any one under conditions that make it reasonably certain that it is the intention of such person to offer the same for food, it shall be prima facie evidence of a violation of this act, and any such person or the owner or owners or employes of any such place, shall be deemed guilty of a misdemeanor and subject to the penalty provided herein.

SEC. 8. Confiscation and destruction of tainted meat. Whenever the State Veterinary Surgeon or the State Meat and Slaughtering Plant Inspector shall find any such putrid, tainted, diseased, unwholesome, unhealthy meat or meat product, he shall declare the same unfit for human food and immediately take possession of the same for the State and destroy the same by the cheapest and most practical manner.

SEC. 9. Right of access for inspection. The State Veterinary Surgeon or the State Meat and Slaughtering Plant Inspector shall have the right to enter and inspect any and all slaughtering, meat canning, salting, packing, rendering or similar establishments in this State, in which cattle, sheep, swine, goats, fish or poultry are slaughtered or prepared for human food, and they shall have the right to enter any store, shop or other place where such meat or meat products are offered for sale for human food and to inspect the same, and to inspect any wagon, cart or other vehicle used by a vendor of meat or meat products, and any opposition or interference with such inspection shall be a misdemeanor under the provisions of this Act.

SEC. 10. Penalty. Any violation of any provision of this Act shall be deemed a misdemeanor and upon conviction, the violator shall be fined not less than $50 nor more than $1,000, or may be imprisoned in the County jail not less than 30 days nor more than six months, or by both such fine and imprisonment. SEC. 11. Appropriation for enforcing food law. There is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated, the sum of $3,000 per annum, to be paid upon voucher drawn by the State Auditor, for the purpose of carrying out the provisions of this Act and paying the salaries and expenses provided herein.

SEC. 12. Inspection by Department of Agriculture.

Nothing in this Act shall

be construed to interfere or apply in any way to those plants in this State where the United States Department of Agriculture maintains regular inspection.

SEC. 13. Repeal. All acts and parts of Acts in conflict with this Act are hereby repealed.

SEC. 14. Effect. Whereas, in the opinion of the General Assembly an emergency exists; therefore, this Act shall be in force and take effect from and after its passage.

Approved April 1, 1907. Session Laws of 1907, ch. 60, pp. 139–143.

PRESERVATIVES,

See General Food Law, page 24.

WATER.

SEC. 1. Contamination of water supply forbidden. It shall be unlawful for any person to deposit into the channel of the South Platte River or Bear Creek, or any of their tributaries above the mouth of Cleer [Clear] Creek, or between or upon the banks of said streams, any unwholesome matter or substance whatever tending to the defilement or pollution of the water of said streams, or to allow the drainage from any sewer, drain, or cesspool to drain into or percolate into said streams, or their tributaries, or any of them, or to permit any dead animal or decaying vegetable matter to be placed or left within a distance of three hundred (300) feet of the banks of any said streams, or their tributaries, or to do any other act or thing whereby the water of said streams might become polluted or umfit [unfit] or unwholesome for human comsumption [consumption]; Provided, That the disturbances of water by placer mining or tailings from ore reduction mills flowing into any of said streams or tributaries shall not be construed as defilement or pollution of the water thereof.

SEC. 2. Protection of water supply. The City and County of Denver is hereby given jurisdiction over said streams to protect their purity under Section One of this act, and is hereby authorized to provide by ordinance for the patrol of said streams and for the punishment of offenders against the provisions of this act.

Approved April 9, 1907.

Session Laws of 1907, ch. 167, pp. 360-361.

CONNECTICUT."

MILK.

SEC. 1. Standard. Any milk which is sold or exchanged, or offered for sale or exchange, shall be deemed to be so sold, exchanged, or offered as of standard quality, unless otherwise expressly stated at the time of such sale, exchange, or offer. Milk of standard quality shall contain not more than eighty-eight and one-quarter per centum of watery fluid, not less than eleven and three-quarters per centum of milk solids, not less than eight and one-half per centum of solids not fat, and not less than three and one-quarter per centum of milk fats; and the certificate of the director of the Connecticut agricultural experiment station shall be prima facie proof of the composition of any milk.

SEC. 2. Sale of diluted or adulterated milk prohibited. No person shall sell or exchange, or offer for sale or exchange, or have in his possession with intent to sell or exchange, as of standard quality, any milk which is not of standard quality, or any milk diluted with water or adulterated by the addition of any foreign substance, or which has been wholly or in part skimmed, or shall knowingly bring or supply milk that is tainted or partly sour to any customer buying the same for sweet milk.

SEC. 3. Labeling skimmed milk. No person shall sell, or offer or expose for sale, milk from which the cream or any part thereof has been removed, without distinctly and durably affixing a label, tag, or mark of metal in a conspicuous place upon the outside, and not more than six inches from the top, of every can, vessel, or package containing such milk, and such metal label, tag, or mark shall have the words "Skimmed Milk" stamped, printed, or indented thereon in letters not less than one inch in height; and such milk shall only be sold at retail out of a can, vessel, or package so marked.

SEC. 4. Penalty. Every person who shall violate any provision of section two or three of this act shall be fined not more than one hundred dollars.

SEC. 5. Milk measure. All sales of milk or cream shall be made by wine

measure.

SEC. 6. Using milk vessels for any other purpose prohibited. No person shall, by himself, or by his servant or agent, or as the servant or agent of any other person, firm, or corporation having custody of any can, jar, bottle, measure, or other vessel used as a container for milk intended for sale, place, cause, or permit to be placed therein any offal, swill, kerosene, vegetable matter, or any article other than milk, skimmed milk, buttermilk, cream, or water or other agent used for cleansing said can, jar, bottle, measure, or other vessel.

SEC. 7. Returning milk vessels containing unclean material prohibited. No person shall, by himself, or by his servant or agent, or as the servant of any other person, firm, or corporation, send, ship, return, or deliver, or cause or permit to be sent, shipped, returned, or delivered to any producer of milk, any can, jar, bottle, measure, or other vessel used as a container for milk, containing any offal, swill, kerosene, vegetable matter, rotten or putrid milk, or any other offensive material.

See Appendix for general laws, passed during July, 1907.

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