formity to the statute as it was in effect before July 4, 1907. Such goods should be disposed of as rapidly as possible.

FORMS OF LABELS REQUIRED.

The following forms of labels are suggested as complying with the requirements of the law:

Label required upon maple and cane sirup:

The name of the manufacturer, packer, or dealer is also required. The names of ingredients must be in "continuous list with no intervening matter" of any kind.

The above represent the size type mentioned in section 9. Note that labels in which the proportions are stated instead of the percentages also comply with the statute. For example:

Imitation lard:

FOUR PARTS BEEF STEARINE.

ONE PART COTTON SEED OIL.

KANSAS.

GENERAL FOOD LAWS.

SEC. 1. Manufacturer's penalty for violation of act. It shall be unlawful for any person to manufacture within the state of Kansas any article of food or drugs, medicines or liquors which is adulterated or misbranded, or which contains any poisonous or deleterious substance, within the meaning of this act; and any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, and for each offense shall, upon conviction thereof, be fined not to exceed three hundred dollars, or be imprisoned one year in the county jail, in the discretion of the court, and for each subsequent offense, on conviction thereof, shall be fined not less than five hundred dollars, or be imprisoned for one year in the county jail, or shall receive both such fine and imprisonment, in the discretion of the court.

SEC. 2. Seller's penalty for violation of act. It shall be unlawful for any person to sell, keep for sale or offer for sale, within the state of Kansas, any article of food, drug or liquor which is adulterated or misbranded, within the meaning of this act, and any person who shall sell, keep for sale or offer for sale any article of food or drug or liquor which is adulterated or misbranded, within the meaning of this act, shall be guilty of a misdemeanor, and for each offense shall, upon conviction thereof, be fined in a sum not to exceed fifty dollars, or be imprisoned in the county jail not exceeding one year, or be both fined and imprisoned, in the discretion of the court.

SEC. 3. Duties of Board of Health. The State Board of Health is authorized and directed to make and publish uniform rules and regulations not in conflict herewith, which rules and regulations shall be those adopted and promulgated by the United States Department of Agriculture in so far as they are applicable to and not in conflict with the provisions of this act, which rules and regulations shall include the collection and examination of specimens of foods, medicines, drugs, liquors and drinks manufactured, kept for sale, offered for sale or sold in the state of Kansas. Any person who shall violate any of the rules and regulations so made and published in the official state paper shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine not exceeding fifty dollars, or imprisonment in the county jail not more than six months, or both, in the discretion of the court.

SEC. 4. Inspection of food and drugs. The examination of specimens of drugs shall be made at the University of Kansas, and such examinations shall be under the immediate supervision and direction of the dean of the school of pharmacy. That the examination of foods shall be made at the University of Kansas and the Kansas State Agricultural College, and such examinations shall be under the immediate supervision and direction of the directors of the departments of chemistry. That the University of Kansas and the Kansas State Agricultural College shall employ such additional chemists and assistants as are necessary to properly and expeditiously analyze such drug and food products as are sent to them by the state food inspectors for the purpose of determining from such examinations whether such articles are adulterated or misbranded, within the meaning of this act; and if it shall appear from any 97

33162-Bull. 112, pt. 1-08-7

examination that any of such specimens is adulterated or misbranded, within the meaning of this act, the secretary of the State Board of Health shall at once certify the facts to the county attorney of the county in which such sample was taken, with a copy of the results of the analysis of the examination of such article, duly authenticated by the analyst or officer making such examination, under the oath of such analyst or officer.

SEC. 5. County attorney shall prosecute. It shall be the duty of each county attorney to whom the secretary of the State Board of Health shall report any violations of this act, or to whom any health officer of any county or city, or any other person, shall present satisfactory evidence of any such violation, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the state, without delay, for the enforcement of the provisions of this act. After judgment of the court, notice of such adulteration or misbranding shall be given by publication in such manner as may be prescribed by the rules and regulations aforesaid.

SEC. 6. "Food" defined.

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The term " food," as used herein, shall include all articles used for food or in the preparation of food, drink, confectionery or condiment by man, whether simple, mixed, or compound.

SEC. 7. Adulteration defined. For the purpose of this act an article shall be deemed to be adulterated

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In the case of confectionery: If it contains terra alba, barytes, tale, chrome yellow, or other mineral substances or poisonous color or flavor, or other ingredients deleterious or detrimental to health, or any vinous, malt or spirituous liquor or compound or narcotic drug.

In the case of food: First, if any substance has been mixed or packed with it so as to reduce or lower or injuriously affect its quality or strength. Second, if any substance has been substituted wholly or in part for the article. Third, if any valuable constituent of the article has been wholly or in part abstracted. Fourth, if it be mixed, colored, powdered, coated or stained in a manner whereby damage or inferiority is concealed. Fifth, if it contain any added poisons 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 any 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 cover of the package, the provisions of this act shall be construed as applying only when said products are ready for consumption. Sixth, if it consist in whole or in part of a filthy, decomposed, tainted 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 had died otherwise than by slaughter.

SEC. 8. Definition of “misbranded." The term "misbranded," as used herein, shall apply to all drugs, liquors, or articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design or device regarding such article, or the ingredients or substances contained therein, which shall be false or misleading in any particular, and to any food, liquor, or drug product which is falsely branded as to the state in which it is manufactured or produced.

That for the purpose of this act an article shall also be deemed to be misbranded

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In case of food: First, if it be an imitation of or offered for sale under the distinctive name of another article. Second, if it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been

removed, in whole or in part, and other contents shall have been placed in such package, or if it fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, phenacetin, acetanilid, or arsenic, or any derivative or preparation of any such substance, contained therein. Third, if in package form, and the contents are stated in terms of weight or measure, the net weight or measure is not plainly or correctly stated on the outside of the package. Fourth, if the package containing it or its label shall bear any statement, design or device regarding the ingredients or the substances contained therein, which statement, design or device shall be false or misleading in any particular.

Provided, that an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases: First, in the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names, and not an imitation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with a statement of the place where said article has been manufactured or produced. Second, in the case of articles labeled, branded or tagged so as to plainly indicate that they are compounds, imitations, or blends, and the word compound," imitation," or "blend," as the case may be, is plainly stated on the package in which it is offered for sale; provided, that the term "blend," as used herein, shall be construed to mean a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only; and provided further, that nothing in this act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredients to disclose their trade formulas, except in so far as the provisions of this act may require to secure freedom from adulteration or misbranding.

SEC. 9. Guaranty exempts dealer. No dealer shall be deemed guilty under the provisions of this act when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other party from whom he purchases such articles to the effect that the same is not adulterated or misbranded, within the meaning of this act, designating it. Said 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; provided, that this exemption shall not apply when such dealer knew or ought to have known that such drugs, liquors or foods so sold, offered or kept for sale were adulterated or misbranded, within the meaning of this act.

The word "person," as

SEC. 10. "Person” defined; fixing of responsibility. used in this act, shall be construed to include both the plural and 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. 11. Food inspectors appointed by State Board of Health; salaries. The State Board of Health shall appoint four food inspectors, one of whom shall be a practical dairyman, who shall each receive a salary of not to exceed one hundred dollars per month, and shall serve during the pleasure of the board; they

shall be allowed the actual necessary expenses incurred in the performance of their duties, which shall be such as are prescribed by the rules of the State Board of Health as hereinbefore provided. The secretary of the State Board of Health, as executive officer of the board, shall direct the action of the food inspectors as such, and by reason of his office shall be chief food inspector; he shall receive a salary of twenty-five hundred dollars per annum, and such actual necessary expenses as are incurred in the performance of his duties as secretary of the State Board of Health and chief food inspector.

SEC. 12. Board to cooperate with U. S. Department of Agriculture. The secretary of the State Board of Health is authorized to confer and cooperate with the United States Department of Agriculture, in the enforcement of the national pure-food law, as it may apply to food, liquor, and drug products received in this state from other states, territories, or foreign countries.

SEC. 13. Right of access for inspection. For obtaining information regarding suspected violations of law, the chief food inspector or his duly appointed assistants shall have access to all places where any article of food or other article, the manufacture or sale which as restricted, regulated or prohibited by this chapter, is stored or prepared for sale, or may be manufactured, kept for sale, or sold, and to places where food is or may be cooked, prepared, sold or kept for sale to or for the public, or distributed as a part of the compensation of servants and agents, including public and private hospitals, railroad camps, inns, boarding and eating-houses, drinking-places, dining-cars, boats, and other places where any of said articles may be sold, and they may inspect any packages or receptacle found therein apparently containing any article of food or ingredient thereof, or any other article, the manufacture or sale of which is restricted, regulated or forbidden by this chapter, and may take samples therefrom for analysis, tendering payment therefor. Any person obstructing such entry or inspection, or failing upon request to assist therein, shall be guilty of a misdemeanor. SEC. 14. Standards of U. S. Department of Agriculture adopted. The standards of quality, purity and strength for food, liquors, drugs and drinks that have been or shall be adopted by the United States Department of Agriculture are hereby declared to be the standards of purity, quality and strength for foods, liquors, drugs and drinks in the state of Kansas, unless other standards are prescribed by the State Board of Health.

SEC. 15. Penalty. Any person who shall violate any of the provisions of this act for which no other penalty is prescribed herein shall on conviction be fined in a sum not less than ten dollars nor more than one hundred dollars, or be imprisoned in the county jail not more than three months, or by both such fine and imprisonment, in the discretion of the court.

SEC. 16. Repeal. All acts and parts of acts in conflict herewith are hereby repealed.

SEC. 17. Effect. That this act shall take effect and be in force from and after its publication in the official state paper.

Approved February 14, 1907. Laws of 1907, ch. 266, pp. 420-426.

CONFECTIONERY.

See General Food Law, page 98.

MEAT (POULTRY, GAME, ETC.).

SEC. 1. Refrigerated undrawn poultry, game, and fish, unlawful; fine. Every person who shall offer or expose for sale at retail, for human food, at any public market, store, shop, or house, or in or about any street or other public