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Eighth. If the package or label shall have any statement purporting to name any ingredient or substance as not being contained in the article, which statement shall be untrue in any particular.
Ninth. If the package or label shall bear any statement purporting to name the substance or substances of which the article is made, which statement shall not fully give the names of all substances contained therein.
Tenth. If it be labeled or branded so as to deceive or mislead the purchaser in any particular.
Provided, that any article of food which is adulterated within the meaning of this act, but which does not contain any poisonous or deleterious ingredient, may be manufactured or sold if the same shall be plainly labeled, branded or tagged so as to show the exact character thereof. Provided further, that nothing in this act shall be construed as requiring proprietors, manufacturers or sellers of proprietary foods which contain no unwholesome substances to disclose their trade formulas, except that in the case of baking powders each can or package shall be plainly labeled so as to show the acid salt or salts contained therein.
SEC. 4. The director of the Maine Agricultural Experiment Station shall analyze, or cause to be analyzed, samples of articles of food on sale in Maine, suspected of being adulterated, and at such times and to such extent as said director may determine. And said director, in person or by deputy, shall have free access at all reasonable hours to any place wherein articles of food are offered for sale, and upon tendering the market price of any such article may take from any person, persons or corporations samples for analysis.
SEC. 5. The results of all analyses of articles of food made by said director shall be published by him in the bulletins or reports of the Experiment Station, together with the names of the persons from whom the samples were obtained, and the names of the manufacturers thereof. The said director may also adopt or fix standards of purity, quality or strength when such standards are not specified or fixed by law and shall publish them, together with such other information concerning articles of food as may be of public benefit.
Sec. 6. Whoever adulterates or misbrands any article of food as defined in this act, or whoever sells, offers or exposes for
adulterated or misbranded article of food, shall be punished by a fine not exceeding one hundred dollars for the first offense and not exceeding two hundred dollars for each subsequent offense.
SEC. 7. Whenever said director becomes cognizant of the violation of any of the provisions of this act, he shall report such violation to the commissioner of agriculture, and said commissioner shall prosecute the party or parties thus reported.
Sec. 8. No action shall be maintained in any court in this state on account of any sale or other contract made in violation of this act.
Sections ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen and seventeen of chapter one hundred and twenty-nine of the revised statutes and all acts or parts of acts inconsistent herewith, are hereby repealed. SEC. 10. This act shall take effect when approved.
Approved March 15, 1905.
FOOD STANDARDS. It is from the nature of the case impracticable for a legislature to establish food standards. This is a matter that calls for careful research on the part of experts. It has, therefore,
, become customary, both in state and national legislation, to place the responsibility of the establishment of standards upon the executive officer. Section 5 of the above cited law empowers the Director of the Maine Agricultural Experiment Station “to adopt or fix standards of purity, quality or strength when such standards are not specified or fixed by law and shall publish them, together with such other information concerning articles of food as may be of public benefit."
The Association of Official Agricultural Chemists of the United States has for some years been preparing definitions and schedules for such standards. The demand for these standards became so urgent as to lead Congress by an act approved Jur.e 3, 1902, to authorize the Secretary of Agriculture to co-operate with the above named association for the accomplishment of this work. As a result, although the work is still incomplete, standards for the more important food products have already beera fixed and established by the Secretary of Agriculture, acting for the United States.
PRINCIPLES ON WHICH THE STANDARDS ARE BASED. The general considerations which guided the committee of the Association of Official Agricultural Chemists in preparing the standards for food products are thus stated by them:
1. The standards are expressed in the form of definitions, with or without accompanying specifications of limit in composition.
The main classes of food articles are defined before the subordinate classes are considered.
3. The definitions are so framed as to exclude from the articles defined substances not included in the definitions.
4. The definitions include, where possible, those qualities which make the articles described wholesome for human food.
5. A term defined in any of the several schedules has the same meaning wherever else it is used in this report.
6. The names of food products herein defined usually agree with existing American trade or manufacturing usage, but where such usage is not clearly established or where trade names confuse two or more articles for which specific designations are desirable, preference is given to one of the several trade names applied.
7. Standards are based upon data representing materials produced under American conditions and manufactured by American processes or representing such varieties of foreign articles as are chiefly imported for American use.
8. The standards fixed are such that a departure of the articles to which they apply, above the maximum or below the minimum limit prescribed, is evidence that such articles are of inferior or abnormal quality.
9. The limits fixed as standard are not necessarily the extremes authentically recorded for the article in question, because such extremes are commonly due to abnormal conditions of production and are usually accompanied by marks of inferiority or abnormality readily perceived by the producer or manufacturer.
FooD STANDARDS ADOPTED FOR MAINE. As empowered in Section 5, Chapter 68 of the laws of 1905, the Director of the Maine Agricultural Experiment Station hereby adopts the following standards for purity of food products together with their precedent definitions as the official standards of these food products for the State of Maine. These are the standards above referred to as fixed by the Secretary of Agriculture of the United States.
I. ANIMAL PRODUCTS.
1. Meat, flesh, is any clean, sound, dressed, and properly prepared edible part of animals in good health at the time of slaughter, and if it bears a name descriptive of its kind, composition, or origin, it corresponds thereto. The term “animals,” as herein used, includes not only mammals, but fish, fowl, crustaceans, mollusks, and all other animals used as food.
2. Fresh meat is meat from animals recently slaughtered and properly cooled until delivered to the consumer.
3. Cold storage meat is meat from animals recently slaughtered and preserved by refrigeration until delivered to the consumer.
4. Salted, pickled, and smoked meats are unmixed meats preserved by salt, sugar, vinegar, spices, or smoke, singly or in combination, whether in bulk or in suitable containers.*
The inner coating of the containers is free from pin holes, blisters, and cracks.
If the tin plate is lacquered, the lacquer completely covers the tinned surface, within the container and yields to the contents of the container no lead, antimony, arsenic, zinc or copper or any compounds thereof, or any other poisonous or injurious substance.
b. MANUFACTURED MEATS. 1. Manufactured meats are meats not included in paragraphs 2, 3, and 4, which immediately precede, whether simple or mixed, whole or
* Suitable containers for keeping moist food products such as sirups, honey, condensed milk, soups, meat extracts, meats, manufactured meats, and undried fruits and vegetables, and wrappers in contact with food products, contain on their surfaces, in contact with the food product, no lead, antimony, arsenic, zinc or copper or any compounds thereof or any other poisonous or injurious substance. If the containers are made of tin plate they are outside-soldered and the plate in .no place contains less than one hundred and thirteen (113) milligrams of tin on a piece five (5) centimeters square or one and eight-tenths (1.8) grains on a piece two (2) inches square.
comminuted, in bulk or in suitable containers,* with or without the addition of salt, sugar, vinegar, spices, smoke, oils, or rendered fat. If they bear names descriptive of kind, composition, or origin, they correspond thereto and when bearing such descriptive names, if force or flavoring meats are used, the kind and quantity thereof are made known.
MEAT EXTRACTS, MEAT PEPTONES, ETC.
d. LARD. Lard is the rendered fresh fat from hogs in good health at the time of slaughter, is clean, free from rancidity, and contains, nece
cessarily incorporated in the process of rendering, not more than one (1) per cent of substances, other than fatty acids and fat.
2. Leaf lard is lard rendered at moderately high temperature from the internal fat of the abdomen of the hog, excluding that adherent to the intestines, and has an iodin number not greater than sixty (60).
3. Neutral lard is lard rendered at low temperatures.
1. Milk * is the fresh, clean, lacteal secretion obtained by the complete milking of one or more healthy cows, properly fed and kept, excluding that obtained within fifteen days before and ten days after calving, and contains not less than twelve (12) per cent of solids, not less than nine (9) per cent of solids not fat, and not less than three (3) per cent of milk fat.
Blended milk is milk modified in its composition so as to have a definite and stated percentage of one or more of its constituents.
3. Skim milk is milk from which a part or all of the cream has been removed and contains not less than nine and one-quarter (9.25) per cent of milk solids.
4. Pasteurized milk is milk that has been heated below boiling but sufficiently to kill most of the active organisms present and immediately cooled to 50° Fahr. or lower.
5. Sterilized milk is milk that has been heated at the temperature of boiling water or higher for a length of time sufficient to kill all organisms present.
6. Condensed milk, evaporated milk, is milk from which a considerable portion of water has been evaporated and contains not less than twenty-eight (28) per cent of milk solids of which not less than twentyseven and five-tenths (27.5) per cent is milk fat.
7. Sweetened condensed milk is milk from which a considerable portion of water has been evaporated and to which sugar (sucrose) has
* These standards are fixed by statute. The standards adopted by the U. S. Secretary of Agriculture are "not less than eight and one-half (8.5) per cent of solids not fat and not less than three and one-quarter (3.25) per cent of milk fat."