As Amended 1895-6, p. 516.

CHAPTER LXXXII.

OF WAREHOUSE AND STORAGE RECEIPTS.

Sec. 1792. When receipts not to be issued; duplicate receipts.—No person shall issue any such licensed warehouse or other licensed storage receipt unless he be the keeper of a regularly licensed warehouse or other licensed place of storage in this state for goods, wares, merchandise, cotton, grain, flour, tobacco, lumber, iron, or other commodity stored with such person and shall have duly paid to the commonwealth the tax for such license, and unless the property therein mentioned shall be actually in store or on his premises and under his control at the time of issuing such receipt, nor shall a second or duplicate receipt for any property be issued while a former receipt for such property or any part thereof is outstanding and uncancelled without having written or stamped in plain letters across the face of such second or duplicate receipt the word "duplicate"; and the said duplicate shall express on its face the reason for the issuance of. the same, stating whether the original receipt was lost, burned, or stolen, and the person to whom said duplicate receipt is issued shall give to the warehouse issuing the same a bond in the penalty of double the value of the article for which said original receipt was given; and it shall be the duty of such person keeping such licensed warehouse or licensed place of storage to cause to be posted prominently over the door of his place of business a sign indicating that such warehouse or place of storage is duly licensed; and such person shall also cause to be written or stamped in plain letters upon the bill-heads and envelopes used by him in said business words indicating that the warehouse or place of storage kept by him is duly licensed. Any person violating the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction fined not less than fifty dollars nor more than one hundred dollars for each offence.

As Amended 1895-6, p. 738. Previous

Amendment 1889-90, p. 124.

CHAPTER LXXXIII.

OF THE INSPECTION OF TOBACCO AND OTHER MATTERS CONCERNING TOBACCO.

Sec. 1842. Sale by samplers and others of unclaimed tobacco in warehouses in the city of Richmond, and disposition of the proceeds.— When any tobacco shall have remained in any warehouse in the city of Richmond undemanded for a term of one year from the time of its inspection therein the warehouseman or other person having the tobacco in charge or entitled to the due thereon may advertise in some newspaper published in said city once a week for three successive weeks a list of marks, numbers, and weights of such tobacco, with the names of the persons to whom notes or receipts for it were given, and if no owner claims said tobacco and pays the accrued extra storage thereon within sixty days after date of such advertisement he shall sell or cause the same to be sold on account of whom it may concern. The proceeds of such sale shall be paid into the state treasury, after deducting therefrom all dues and fees and the ususal charges for selling. The amounts so paid into the treasury shall be refunded to the owner of said tobacco on the return to the person entitled thereto of the notes or receipts issued for the same.

CHAPTER LXXXIV.

OF THE INSPECTION OF FLOUR AND CERTAIN OTHER COMMODITIES, AND OF
LABELLING FERTILIZERS; OF THE ADULTERATION OF MILK (BUTTER, CHEESE,
FLOUR, CIDER, AND CANDY); OF OLEOMARGARINE.

Sec. 1853. [Repealed. Acts 1887-'88, pages 52 and 102.]

Sec. 1854. [Repealed. Acts 1887-'88, pages 52 and 102.]

Sec. 1884. [Repealed. Acts 1887-,88, pages 52 and 102.]

Sec. 1898 a. To prevent the manufacture and sale of adulterated 1889-90, p. 34. cider vinegar.-1. No person shall manufacture, produce, sell, keep for sale, or offer for sale any vinegar which shall not have an acidity equivalent to the presence of at least four and one-half per centum by weight of absolute acetic acid, or any cider vinegar which shall have less than such amount of acidity or less than two per centum by weight of cider vinegar solids upon full evaporation over boiling water.

2. No person shall manufacture, produce, sell, keep for sale, or offer for sale any vinegar or product in imitation or semblance of cider vinegar which is not cider vinegar.

3. No person shall sell, keep for sale, or offer for sale as or for cider vinegar any vinegar or product which is not cider vinegar.

4. No person shall manufacture, produce, sell, keep for sale, or offer for sale any vinegar which shall contain any preparation of lead, copper, sulphuric acid, or other ingredients injurious to health or any artificial coloring matter.

5. Every manufacturer or producer of cider vinegar shall plainly brand on each head of the cask, barrel, keg, or other package containing such vinegar his name and place of business and the words "cider vinegar"; and no person shall label or brand as for cider vinegar any package containing vinegar which is not cider vinegar.

6. Whoever by himself or another violates any of the provisions of any of the foregoing sections shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars.

7. For the purpose of this act the term “cider vinegar" shall be understood to mean vinegar made exclusively of pure apple juice. Sections one, two, and four shall not apply to any vinegar or produce manufactured or in process of manufacture at the time of the passage of this act, but the provisions of law existing at the time of the passage of this act shall apply thereto.

Sec. 1898 b. Sale of cider.-1. Every person selling or exposing to sale 1893-4, p. 885. any cider which is composed of nothing but pure apple juice and such ingredients as may be necessary to preserve same shall label or brand so as to be conspicuously seen by the buyer each and every barrel, cask, keg, or other vessel of whatsoever kind in which the same is kept or from which it is sold or otherwise disposed with the words "pure apple cider."

2. Every person selling or exposing to sale any cider which is not composed of pure apple juice and such ingredients as may be necessary to preserve it shall label or brand so as to be conspicuously seen by the buyer each and every barrel, cask, keg, or other vessel of whatsoever kind in which it is kept or from which it is sold or otherwise disposed with the words "chemical cider."

1897-8, p. 493.

1897-8, p. 50;

1891-2 p. 840.

3. Any person violating the provisions of the foregoing sections or either of them shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty dollars nor more than fifty dollars. Sec. 1898 c. Adulteration of flour.-No person or persons shall hereafter adulterate wheat flour by the addition of corn starch, corn flour, barley flour, or other adulteration, nor shall manufacture, sell or exchange, or expose for sale or exchange or have in his or their possession for the purposes of sale or exchange any wheat flour adulterated with corn starch, corn flour, barley flour, or other adulteration, nor shall receive or solicit any order for the manufacture, sale, exchange, or delivery within this state of any wheat flour adulterated with corn starch, corn flour, barley flour, or other adulteration unless he or they shall plainly and durably brand, stamp, or mark each package, parcel, box, or barrel containing such adulterated wheat flour with the word "combination," and beneath this word shall be plainly stamped on every barrel, box, or other package the name and percentage of each ingredient used therein, and any such person or persons who shall fail to stamp each barrel, box, or package as aforesaid, or who shall misstate the percentage of every ingredient in such combination shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not less than twenty-five dollars or exceeding one hundred dollars for each offence or imprisoned in jail not less than sixty days, or both in the discretion of the court.

The possession by any person who is either manufacturer, merchant, wholesale or retail dealer of any packages, parcels, or boxes containing any of the combination flour defined by this act that is not plainly and durably marked with the word "combination" shall be prima facie evidence that the order upon which such flour was obtained was for such flour: provided, that if packages, and so forth, containing combination flour shall be plainly and durably marked as required by the provisions of this act before or when the same are sold or exchanged or exposed for sale or exchange, then the person or persons so selling or exposing for sale or exchange the same shall be exempt from the penalties of this act.

Sec. 1898 d. Adulteration of candy.-No person shall either directly or by his servant, or as servant or agent of any other person or corporation, manufacture for sale or knowingly sell or offer to sell any candy adulterated by the admixture of terra alba, barytes, talc, or any other mineral substance or poisonous colors or flavors or other ingredients deleterious or injurious to health.

2. Any person violating any of the provisions of this act shall be punished by a fine not exceeding two hundred dollars nor less than twenty dollars. The candy so adulterated shall be forfeited and destroyed under the direction of the court.

Sec. 1899 a. To prevent the adulteration of butter and cheese and the sale of the same, and preserve the public health.-No person shall manufacture out of any oleaginous substance or substances or any compound of the same other than that produced from unadulterated milk or of cream from the same any article designed to take the place of butter or cheese produced from pure unadulterated milk or cream of the same or shall sell or offer for sale the same as an article of food. This provision shall not apply to pure skim-milk cheese made from pure skim milk. Whoever violates the provisions of this section shall be guilty of a misdemeanor and be punished by a fine of not less than fifty nor more than one hundred dollars for the first offence and for each subsequent offence shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars.

2. That no person, by himself or his agent or servants, shall render or manufacture out of any animal fat or animal or vegetable oils not produced from unadulterated milk or cream from the same any article in imitation or semblance of natural butter or cheese produced from pure unadulterated milk or cream of the same, nor mix, compound with, or add to milk, cream, or butter any acids or other deleterious substances or any animal fat oranimal oils not produced from milk or cream so as to produce any article or substance or any human food in imitation or semblance of natural butter or cheese, nor sell, keep for sale, or offer for sale any article, substance, or compound made, manufactured, or produced in violation of the provisions of this section, whether such article, substance, or compound shall be made or produced in this state or elsewhere. Whoever violates the provisions of this section shall be guilty of a misdemeanor and be punished by a fine of not less than fifty nor more than one hundred dollars for the first offence and for each subsequent offence shall be punished by a fine of not less than one hundred dollars nor more than two hundred and fifty dollars. Nothing in this section shall impair the provisions of the first section of this act.

3. That no person shall manufacture, mix, or compound with or add to natural milk, cream, or butter any animal fats or animal or vegetable oils, nor shall he make or manufacture any oleaginous substance not produced from milk or cream with the intent to sell the same for butter or cheese made from unadulterated milk or cream, or have the same in his possession or offer the same for sale with such intent; nor shall any article, substance, or compound so made or produced be sold intentionally or otherwise as and for butter or cheese the product of the dairy; no person shall coat, powder, or color with annual to or any coloring matter whatever butterine or oleomargarine or any compound of the same, or any product or manufacture made in whole or in part from animal fats or animal or vegetable oils not produced from unadulterated milk or cream whereby the said product, manufacture, or compound shall resemble butter or cheese the product of the dairy, or shall have the same in his possession with the intent to sell the same, or shall sell or offer the same for sale. Whoever violates any of the provisions of this section shall be guilty of a misdemeanor and be punished by a fine of not less than fifty nor more than one hundred dollars for the first offence and shall be punished by a fine of not less than one hundred dollars nor more than two hundred and fifty dollars for each subsequent offence. This section shall not be construed to impair or affect the prohibitions of sections one and two of this act.

4. That no keeper or proprietor of any bakery, hotel, tavern, boardinghouse, restaurant, saloon, lunch counter, or place of public entertainment, or any person having charge thereof or employed thereat, shall keep, use, or serve therein, either as food for their guests, boarders, patrons, or customers, or for cooking purposes any article made in violation of the provisions of sections one, two, and three of this act. Whoever violates the provisions of this section shall be guilty of a misdemeanor and punished by a fine of not less than fifty nor more than two hundred dollars for each offence.

5. That authority to impose such fines with cost as are enumerated in sections one, two, three, and four of this act shall vest in the same court that exercises jurisdiction of other criminal cases.

Sec. 1899 b. Deception in the manufacture and sale of imitation 1897-8, p. 147. butter.-1. No person by himself or his agents or servants shall render or manufacture, sell, offer for sale, expose for sale, or have in his possession with intent to sell any article, product, or compound made wholly or partly from any fat, oil, or oleaginous substance or compound thereof not

produced from unadulterated milk or cream of the same which shall be in imitation of yellow butter produced from pure unadulterated milk or cream of the same: provided, 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 customer of its real character, free from coloration or ingredient that causes it to look like butter.

2. That it shall be unlawful for any keeper or proprietor of any bakery, hotel, tavern, licensed boarding-house, restaurant, saloon, lunch counter, or place of public entertainment to use oleomargarine, butterine, or kindred compound either in baking, making, or cooking of bread, cakes, pies, crackers, meat, fish, fowl, or other edibles, or to serve the same to guests or patrons without first posting and exhibiting in their respective bakeries, stores, restaurants, and dining-rooms in a conspicuous public place in large roman letters not less than one inch square a sign or placard with this inscription: Imitation butter used here.

3. Whoever violates any of the provisions of section one or two of this act shall be punished by a fine of not less than fifty nor more than two hundred and fifty dollars or by imprisonment in the jail of the county or corporation in which the offence is committed for a term not exceeding six months.

4. Justices of the peace shall have jurisdiction to impose the penalty herein prescribed.

1889-90, p. 53.

As Amended 1891-2, p. 326.

CHAPTER LXXXV.

OF THE BRANDS OF MANUFACTURERS OF MALT LIQUORS AND THE SALE OF
VESSELS BRANDED (OF TIMBER DEALERS' TRADE-MARKS; AND Of Labels,
TRADE-MARK, &C., OF LABOR ORGANIZATIONS).

Sec. 1906. [Repealed. Acts 1889-'90, page 56.]

Sec. 1906 a. To protect the owners of bottles, boxes, syphons, and kegs used in the sale of soda water, mineral or aerated waters, porter, ale, cider, ginger ale, milk, cream, small beer, weiss beer, lager beer, white beer, or other beverages, medicine, and perfumery.— 1. Any and all persons and corporations engaged in manufacturing, bottling, or selling soda waters, mineral or aerated waters, small beer, lager beer, weiss beer, white beer, or other beverages, or medicines, medical preparations, perfumery, compounds, or mixtures in bottles, syphons, tins, or kegs with his, her, its, or their names or other marks and devices branded, stamped, engraved, etched, blown, impressed, or otherwise produced upon such bottles, syphons, tins, or kegs, or the boxes used by him, her, it, or them may file in the clerk's office of the county or corporation court of the county or corporation in which his, her, its, or their principal place of business is situated, or in the clerk's office of the chancery court of the city of Richmond, if said principal place of business is situated in said city, and also in the office of the secretary of the commonwealth a description of the name or names, marks or devices so used by him, her, it, or them, respectively, and cause such description to be printed once in