Be it enacted by the General Assembly of the Commonwealth of Kentucky:

I. That it shall be unlawful for any person, or persons, firm or corporation within this state to manufacture for sale, produce for sale, expose for sale, have in his or their possession for sale, or to sell any article of food or drugs which is adulterated or misbranded within the meaning of this act; and any person or persons, firm or corporation who shall manufacture for sale, expose for sale, have in his or their possession for sale, or sell any article of food or drugs which is adulterated or misbranded within the meaning of this act shall be fined not less than ten dollars nor more than one hundred dollars, or be imprisoned not to exceed fifty days, or both such fine and imprisonment; provided that no article of food. or drug shall be deemed misbranded or adulerated within the provisions of this act when intended for shipment to any other state or country, when such article is not adulterated or misbranded in conflict with the laws of the United States; but if said article shall be in fact sold or offered for sale for domestic use or consumption within this state, then this provision shall not exempt said article from the operations of any of the other provisions of this act.

2. That the term "food" as used in this act shall include every article used for or entering to the composition of food or drink for man or domestic animal, including all liquors.

3. For the purpose of this act an article of food shall be deeemed misbranded: First, if the package or label shall bear any statement purporting to name any ingredients or substance as not being contained

in such article which statement shall not be true in any part, or any statement purporting to name the substance of which such article is made, which statement shall not give fully the name or names of all substances contained in any measurable quantity. Second. If it is labeled or branded in imitation of or sold under the name of another article or is an imitation either in package or label of another substance of a previously established name; or if it be labeled or branded so as to deceive or mislead the purchaser or consumer with respect to where the article was made or as to its true nature and substance, or as to any identifying term whatsoever, whereby the purchaser or consumer might suppose the article should possess any property or degree or purity or quality which the article does not possess. Third. If in the case of certified milk it be sold as or labeled "certified milk" and it has not been so certified under rules and regulations by any County Medical Society, or if when so certified it is not up to that degree of purity and quality necessary for infant feeding. Fourth. If it be misrepresented as to weight or measure, or if where the length of time the proudct has been ripened, aged or stored, or if where the length of time it has been kept in tin or other receptacle tends to render the article unwholesome, the facts of such excessive storage, ripening, aging or packing are not made plainly known to the purchaser and to the consumer. Fifth. If the package containing it or its labels shall bear any statement designed 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 articles of liquor

which do not contain any added provisions or deliterious ingredients shall not be deemed to be adulterated or misbranded within the provisions of this act, in the case of articles labeled, branded or tagged so as to plainly indicate that hey are compounds, imitations, or blends, and the words "Compounds," "Imitations," or "Blends," 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.

4.

For the purposes of this act an article of food shall be deemed to be adulterated: First. If any substance or substances be mixed or packed with it so as to reduce, lower or injuriously affect its quality or strength. Second. If any substances be substituted wholly or in part for the article. Third. If any valuable constituent of the article has been wholly or in part abstracted or if the product is below that standard of quality represented to the purchaser or consumer. Fourth. If it is mixed, colored, powdered, coated, polished or stained whereby damage is concealed, or if it is made to appear better or of greater value than it is, or if it is colored or flavored in imitation of the genuine color or flavor of another substance of a previously established name. Fifth. If it contains added poisonous ingredient which may render such article injurious to health, or if it contains any antiseptic or preservative which may render such article injurious to health, or any other antiseptic or preservative not evident or not plainly stated on the main label of the package. Sixth. If it consists of or is manufactured from, in whole or in part, of a disease contaminated, filthy or decomposed substance, either animal or vegetable, unfit for food, or any animal or vegetable substance produced, stored, transported or kept in a condition that would render the article diseased, contaminated or unwholesome, or if it is in any part the product of a diseased animal or the product of an animal that has died otherwise than by slaughter, or that has been fed upon the offal from a slaughter house, or if it is the milk from an animal fed upon a substance unfit for food for dairy animals, or from an animal kept and milked in a filthy or contaminated stable or in surroundings that would render the milk contaminated; provided, that any article of food which may be adulterated and not misbranded within the meaning of this act, and which does not contain any added poisonous or deleterious ingredient and which is not otherwise adulterated within the meaning of paragraphs 4, 5 and 6, of Section 4 of this act, or which does not contain any filler or ingredient which debases without adding food value, can be manufactured or sold, if the same be labeled, branded or tagged so as to show the exact character thereof; and all such labels and all labeling of packages provided for in any previous section of this act shall be on the main label of each package and in such position. and character of type and terms as will be plainly seen, read and understood by the purchaser or consumer, provided further that nothing in this act shall be construed as requiring or compelling the proprietors, manufacturers or sellers of proprietary foods which contain no unwholesome substances or ingredients to disclose their trade formulas except in so far as the provisions of this require to secure freedom

from adulteration, imitation or misbranding. But in the case of baking powders, every can or other package shall be labeled so as to show clearly the name of the acid salt, which shall be plainly stated in the face of the label to show whether such salt is cream of tartar, phosphate or alum; provided further, that nothing in this act shall be construed to prohibit the manufacture or sale of oleomargarine, butterine or kindred compounds in a separate and distinct form and in such manner as will advise the consumer of the real character, free from coloration or ingredient that causes it to look like butter.

5. That the term drug, as used in this act shall include all medicine and preparations recognized in the latest revision of the United States Pharmacopoeia or National Formulary for internal or external use, and any substance intended to be used for the cure, mitigation or prevention of diseases, either of man or other animal, and shall include paris green and all other insecticides and fungicides.

6. That for the purposes of this act an article or drug shall be deemed to be adulterated: First. If when a drug is sold under or by the name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standing of strength, quality or purity, as determined by the lists 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 Pharmacopia 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 made by the tests laid down in the United States Pharmacopoeia or National Formulary. Second. If the strength or purity fall below the professed standard or quality under which it is sold. Third. If in putting up any drug, medicine or preparation, proprietary or otherwise, used in medical practice, or if in making a prescription or filling an order for drugs, medicines or preparations, proprietary or otherwise, one article is substituted or dispensed for a different article for or in lieu of the article prescribed, ordered and demanded, or if a greater or less quantity of any ingredient specified in such prescription order or demand is used than that prescribed by, ordered or demanded, or if it deviates from the terms of the prescription, order or demand, by substituting one drug for another; provided, that except in the case of physicians' prescriptions nothing herein shall be deemed or construed to prevent or impair or in any manner affect the right of the druggist or pharmacist or other person to recommend the purchase of an article other than ordered, required or demanded, but of a similar nature, or to sell such article in lieu of an article ordered, required or demanded, with the knowledge and consent of the customer.

7. For the purposes of this act an article or drug shall be deemed to be misbranded: First. If the package or label bears any statement, design or device regarding such article or drug, or regarding any ingredient or substance contained therein which shall be false or misleading in any particular, or if it is falsely branded as to state, territory or country in which it is manufactured or produced. Second. If it be an imitation of or offered for sale under the name of another article, or if it be labeled, branded or

represented or sold so as to deceive or mislead the purchaser or consumer as to the quality, purity or medicinal value. Third. If the contents of the package as originally put up, or the contents of the package, box, bottle, vial, can or other container, sold or exposed for sale, delivered, given away, shipped or offered for shipment, shall have been removed in whole or in part and other contents shall have been placed in such package or box, vial, can or other container, or if any package or container has been once emptied and new contents placed therein all original labels, marks, brands and identifying marks are not entirely removed or effaced and new labels, marks and brands truthfully describing the new product or products affixed. Provided, that such new contents shall not be like or similar to said original contents. Fourth. If the package, box, bottle, vial, can or other container shall fail to bear a statement of the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heoin, alpha or beta eucaine, chloroform, acannuabis, indica, chloral hydrate, acetanalide, or any derivative or any preparations of any such substances contained therein. Provided, that nothing in this paragraph shall be construed to apply to the dispensing of prescriptions written by a regularly licensed practicing physician, veterinary surgeon or dentist, and kept on file by the dispensing pharmacist, or to such drugs as are recognized in the United States Pharmacopoeia and the National Formulary, and which are sold under the name by which they are recognized; and provided further, that this provision shall not be construed as repealing or in conflict with any statute which prohibits the sale of certain drugs except upon a prescription of a physician; and provided further, that nothing in this act shall be construed as repealing any acts regulating the practices of medicine or pharmacy not in conflict herewith; provided further, that no prescription shall be knowingly refilled except for the person for whom it was written.

8. It shall be the duty of the director of the Kentucky Agricultural Experiment Station, or under his direction the head of the division of food inspection of the said station, to make, or cause to be made, examinations of samples of food and drugs manufactured or on sale in Kentucky at such times and place and to such extent as he may determine. He shall also make, or cause to be made, analysis of any sample of food or drug which the State Board of Health or the State Board of Pharmacy may suspect of being adulterated or misbranded and of any sample of food or drug furnished by any commonwealth's county or city attorney of this state. And the said director may appoint such agent or agents as he may deem necessary who shall have free access at all reasonable hours for the purpose of examining into places where any food or drug product is being produced, manufactured, prepared, kept or offered for sale, for the purpose of determining as to whether or not any of the provisions of this act are being violated, and such agent or agents, upon tendering the market price of any article, may take from any person, firm or other corporation a sample of any article desired for examination. The director of said experiment station is hereby empowered to adopt and fix the methods by which the samples taken under the provisions of this act shall be analyzed or examined and to adopt and fix standards of purity, quality or strength when such

standards are necessary or are not specified or fixed herein by statute; provided, that such standards shall be published for the information and guidance of the trade; provided further, that for the purpose of uniformity when such standards so fixed differ from the legally adopted standards of the United States Department of Agriculture, the director of said station shåll arrange for a conference between the proper food control representatives of the United States Department of Agriculture and the director of said station and the representative of the trade be affected for the purposes of arriving if possible at a unifərm state and national standard; provided further, that in the case of final dispute the validity of such standard adopted by the director of said station shall be determined by the courts under the rules of evidence. And provided further, that when the standard or nomenclature for any food or food product has been determined by the Supreme Court of the United States such standard or nomenclature shall govern in the enforcement of the provisions of this act; provided further, that all rulings pertaining to sanitation under this act shall be collaborated in connection with the State Board of Health; and provided further, that at the regular annual meeting of the Kentucky Pharmaceutical Association and the Kentucky State Medical Association each of said associations shall elect one representative, which representatives, together with the director of said station, shall make and establish all rules and regulations for the governing and carrying out of the provisions of this act relating to drugs.

9. Whenever any article shall have been examined and found to be adulterated or misbranded in violation of this act the director shall certify the fact to the commonwealth's attorney of the district, or to the county attorney of the county, or the city attorney of any city or town, in which the said adulterated or misbranded food or drug product was found, together with a statement of the results of the examination of said article of food or drug, duly authenticated by the analyist under oath and taken before some official of this commonwealth authorized to administer an oath bearing a seal; and it shall be the duty of every commonwealth's attorney, county attorney and city attorney to whom the director of said station shall report any violation of this act, or to whom the State Board of Health, or the State Board of Pharmacy, or to whom the chief health officer of any county, city or town shall report any such violation, to cause proceedings to be commenced against the party so violating the act, and the same prosecuted in manner as required by law; provided, however, that in case of the first charge or finding the manufacturer or dealer shall be notified of the findings and be given a hearing within fifteen days before a report is made to the commonwealth, county or city attorney as herein provided. Provided further, that where more than one sample of the same brand of product has been taken and examined, the first finding or charge shall be construed to apply to all samples so taken, and notice and hearing shall apply to all such samples.

IO. Said station shall make an annual report to the Governor upon adulterated food or drug products in addition to the reports required by law, which shall not exceed 150 pages, and such annual reports shall be submitted to the General Assembly at its regular session, and said station may issue from time to time

a bulletin giving the results of the inspections and of all analyses of samples taken or submitted for examination under this act, together with the names of the parties from whom the samples were taken, or where the inspections were made, and as far as possible the name of the manufacturers, the number of samples found to be adulterated, the number found not adulterated and other information which may be of interest to the manufacturers or dealers in food or drug products or to the consumers. Provided, however, that before such publication is made the manufacturer of the article and the dealer shall be furnished a true copy of the facts to be published regarding the article at least thirty days before the publication and hearing. given the dealer and manufacturer, and any statements or explanations made by such manufacturer shall be included in the same place and along with the publication made regarding the article; and provided further, that if at the hearing of the manufacturer or dealer, as provided by Section 9 hereof, said manufacturer shall produce the affidavit of a competent analytical chemist controverting the finding of said station or its directors or chemists, as the case may be, and affirmatively showing that there is neither adulteration or misbranding of such article under the provisions of this act, then there shall be no publication of either the name of the manufacturer or dealer or of the name of the brand of the article until after a trial and a verdict of guilty as herein provided. And provided further, that where prosecution is made for a violation of any of the provisions of this act, no official publication shall be made of the result of the inspection and analysis until the matter has been finally adjudicated, and in case of appeal, by the court of last resort.

II. Said experiment station shall receive $7.50 for the analysis or examination of any sample of food or drug taken or submitted in accordance with this act and expenses for procuring samples of food and drugs and in making inspections into the conditions of and wholesomeness and purity of the food produced, manufactured or sold in food factories, grocery stores, bakeries, slaughtering houses, dairies, milk depots, or creameries, and all other places where foods are produced, prepared, stored, kept or offered for sale; for studying the problems connected with the production, preparation and sale of foods for expert witnesses attending grand juries and courts; clerk hire and all other expenses necessary for carrying out the provisions of this act, provided the total expense from all sources shall not exceed in any one year thirty thousand dollars. The board of control of said experiment station shall furnish to the auditor of public accounts an itemized statement of the expenditures of money under this act. The expenditures reported to the auditor shall be paid by the commonwealth to the treasurer of the experiment station upon the written request of the board of control of said experiment station and the auditor for the payment of same is directed to draw his warrant upon the treasurer, as in all other claims against the commonwealth.

12.

When any manufacturer shall offer any article of food or drug for sale in this state he shall file with the director of the said station when requested by him. the name of the brand, the name of the product, the place of its manufacture or preparation and a true copy of all labeling used thereupon. Failure to so file.

within thirty days shall be punished as provided in Section 1 of this act.

13. In all prosecutions under this act the courts shall admit as evidence a guaranty which has been made to the holders of the guaranty by any manufacturer and wholesaler residing in this state to the effect that the product complained of is not adulterated or misbranded within the provisions of this act, and said guaranty properly signed by the wholesaler, jobber or manufacturer or other party residing within this state from whom the holder of the guaranty may have purchased the article or articles complained of and containing the full name and address of the party or parties making the sale of such article to the holder of the guaranty, and in the absence of any proof that the article or articles complained of were adulterated or misbranded after they had been received by the holder of the guaranty shall be a bar to prosecution of the holder of such guaranty under the provisions of this act.

14. All acts or parts of acts inconsistent herewith are hereby repealed, but this said act shall not be construed to repeal Chapter 48 of the Acts of the General Assembly of 1906, entitled "An act to regulate the sale of concentrated, commercial feeding stuffs, defining same and fixing the penalties for the violations thereof." So much of this act as relates to drugs and liquors shall not take effect until on and after January 1, 1909.

Approved March 13, 1908. Foregoing is a true copy.

W. S. BALL.

ACTIVITY IN WHISKY AND MACARONI. The following letters have been sent out by Dr. Wintin, Chief of Chicago Laboratory, U. S. Department of Agriculture, for the information and guidance of importers:

Gentlemen:

I am instructed to inform you that this department in a short time will undertake the inspection of distilled spirits entered at the several ports for the purpose of determining whether they conform to the decision of the attorney general, a copy of which decision I am sending you enclosed herewith. It is proposed to determine the following points:

First Is the spirit in question a straight distilled spirit, unrectified, unmixed and untreated?

Second-Has it been mixed with any so-called neutral spirit, cologne spirit, potato spirit, or other distilled spirit in whisky?

Third-Has it been mixed with other whiskies, in other words, is it or not a blend?

Importers should inform their foreign agents that it is advisable to give certificates in connection with the shipments covering the character thereof. Gentlemen:

Your attention is called to a recent ruling of this department which forbids the use in imported food products of coloring matters alleged to have condimental properties when such matters impart an artificial color to the product and thereby conceal damage or inferiority. Importers should, therefore, understand that in the future macaroni, spaghetti and vermicelli, colored with saffron, must be marked "artificially colored."