CHAPTER 210.

[S. B. 111]

AMENDING ACT RELATING TO EXEMPTIONS.

AN ACT relating to exemptions and amending section 5412 of
Ballinger's Annotated Codes and Statutes of Washington.

Current

wages. amounting

exempt.

necessaries.

Be it enacted by the Legislature of the State of Washington:
SECTION 1. That section 5412 of Ballinger's Anno-
tated Codes and Statutes of Washington be amended to
read as follows: Sec. 5412. Current wages or salary to
the amount of one hundred dollars ($100.00) for personal to $100
services rendered by any person having a family dependent
upon him for support, shall be exempt from garnishment,
and where it appears upon the trial, or by answer of the
garnishee, when not controverted as hereinafter provided,
that the garnishee is indebted to the defendant for such
current wages or salary for an amount not exceeding one
hundred dollars ($100.00), the garnishee shall be dis-
charged as to such indebtedness: Provided, That if the Debt for
garnishment be founded upon a debt for actual necessaries
furnished to the defendant or his family or his dependents,
no exemption shall be allowed in excess of ten dollars
($10.00) out of each week's wages or salary, whether said
wages or salary are paid, or to be paid, weekly, bi-weekly,
monthly or at other intervals, and whether there be due
the defendant wages for one week or a longer period:
Provided, however, That said exemption shall in no event
be allowed out of wages or salary for a longer period than
four (4) consecutive weeks: And provided further, That Wages not
no money due or earned as wages or salary shall be exempt
from garnishment in lieu of any other property. The
visions of this section shall apply to actions in the superior
court or before justice of the peace, and shall govern ex-
emptions of wages or salary to the exclusion of all other
statutes or parts of statutes.

Passed the Senate February 28th, 1907.
Passed the House March 13th, 1907.

Approved by the Governor March 15th, 1907.

pro

exempt in lieu of other property.

Sale of adulterated articles prohibited.

Definition

of terms.

Articles deemed

CHAPTER 211.

[H. B. 270.]

ADULTERATION OF FOODS, DRINKS AND DRUGS
PROHIBITED.

AN ACT to provide against the adulteration of foods, drinks and
drugs, and fraud in the sale thereof; creating a State Board
of Food Commission, defining their duties and providing for
the appointment of an officer to be known as the State Dairy
and Food Commissioner; providing for the enforcement of the
law and fixing a penalty for the violation thereof; making an
appropriation and repealing chapter XCIV of the Laws of 1901
as amended by chapter 51 of Laws of 1905, being an act en-
titled, "An act to provide against the adulteration of food and
fraud in the sale thereof; creating a State Board of Food Com-
mission, defining their duties and providing for the appoint-
ment of an officer to be known as the State Dairy and Food
Commissioner; providing for the enforcement of the law and
fixing a penalty for the violation thereof; making an appropria-
tion, declaring an emergency, and repealing 'An act to pro-
vide against the adulteration of food,' approved March 13,
1899," approved March 16, 1901.

Be it enacted by the Legislature of the State of Washington: SECTION 1. No person, firm or corporation shall, within this State, sell, offer for sale, have in his possession with intent to sell, or manufacture for sale, any article of food or drug which is adulterated or misbranded within the meaning of this act.

SEC. 2. That the term "drug," as used in this act, 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 other animals. The term "food," as used herein, shall include all articles used for food, drink, confectionery or condiment by man or other animals, whether simple, mixed or compound.

SEC. 3. That for the purposes of this act an article adulterated. shall be deemed to be adulterated:

Drugs.

In the case of drugs:

First. If, when a drug 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 adulaterated 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 Pharmacopoeia or National Formulary.

Second. If its strength or purity fall below the professed standard or quality under which it is sold: In case of confectionery:

If it contains terra alba, barytes, talc, chrome yellow or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt or spiritous liquor or compound or narcotic drug.

In case of food:

First. If any substance has been mixed and 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 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 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 preservatives shall be printed on the covering or the package, the provisions of this act shall be

Confection

ery.

Food.

articles.

construed as applying only when said products are ready for consumption.

Sixth. 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 in the product of a diseased animal, or one that has died otherwise than by slaughter.

Misbranded SEC. 4. That the term "misbranded," as used herein, shall apply to all drugs, 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 or drug product which is falsely branded as to the state, territory or country in which it is manufactured or produced.

Drugs.

Food.

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

In the case of drugs:

First.-If it be an imitation of or offered for sale under the name of another article.

Second. 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 the package fail to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta encaine, chloroform, cannabis indica, chloral hydrate or acetanilide, or any derivative or preparation of any such substances contained therein. In the 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, herion,

alpha, or beta encaine, chloroform, cannabis indica, chloral hydrate or acetanilide, or any derivative or preparation of any substances contained therein.

Third. If the net weight or net measure of such package, bottle or container be given, and it shall not be the true net weight or net measure.

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 or misshall not be deemed to be adulterated or misbranded in the when. following cases:

First. In the cases 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 plainly to 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 and 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 ingredient to disclose their trade formulas, except in so far as the provisions of this act may require to secure freedom from adulteration or misbranding.

pro

SEC. 5. No dealer shall be prosecuted under the visions of this act if he shall prove a written guaranty of purity in a form approved by the Dairy and Food Com

Articles not

deemed adulterated

banded,

Guaranty of purity.