ery, or during the process of the delivery of said milk or, after said milk shall have been delivered in due course of business and in the ordinary

manner.

205. SEC. 2. Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon conviction thereof in a court of competent jurisdiction shall be punished by a fine of not less than fifty dollars nor more than one hundred dollars, or by impris onment in the county jail for not less than thirty days nor more than ninety days, or by both such fine and imprisonment in the discretion of the court.

FRUITS AND VEGETABLES.

(Act No. 207, Public Acts, 1913.)

AN ACT to prevent fraud and deception in the sale of Michigan grown fresh fruits and vegetables, and to provide penalties for violations of this act.

The People of the State of Michigan enact:

206. SECTION 1. In this act unless the contents otherwise requires, the term "closed package" shall be construed to mean a barrel, box, basket, carrier or crate, of which all the contents cannot readily be seen or inspected when such package is prepared for market. Fresh fruits or vegetables in baskets or boxes, packed in closed or open crates, and packages covered with burlap, tarlatan or slat covers shall come within the meaning of the term "closed package." None of the provisions of this act shall apply to other than Michigan grown fruits and vegetables. 207. SEC. 2. Every person who, by himself or by his agent or employe, packs or repacks fresh fruits or vegetables in closed packages intended for sale in the open market, shall cause the same to be marked in a plain and indelible manner as follows:

First, With his full name and address, including the name of the state where such fresh fruits and vegetables are packed, before such fresh fruits or vegetables are removed from the premises of the packer or dealer;

Second, The name and address of such packer or dealer shall be printed or stamped on said closed packages in letters not less than onequarter inch in height.

208. SEC. 3. No person shall sell or offer, or expose or have in his possession for sale, in the open market, any fresh fruits or vegetables packed in a closed package and intended for sale, unless such package is marked as is required by this act.

209. SEC. 4. No person shall sell or offer, expose or have in his possession for sale, any fresh fruits or vegetable packed in a closed or open package, upon which package is marked any designation which represents such fruit as "No. 1," "Finest," "Best," "Extra Good," "Fancy,"

"Selected," "Prime," "Standard," or other superior grade or quality, unless such fruit or vegetables consist of well grown specimens, sound, of nearly uniform size, normal shape, good color, for the variety, and not less than ninety per cent free from injurious or disfiguring bruises, diseases, insect injuries or other defects, natural deterioration and decay in transit or storage excepted.

210. SEC. 5. No person shall sell or offer, expose or have in his possession for sale, any fresh fruits or vegetables packed in any package in which the faced or shown surface gives a false representation of the contents of such package, and it shall be considered a false representation when more than twenty per cent of such fresh fruits or vegetables are substantially smaller in size than or inferior in grade to, or different in variety from, the faced or shown surface of such package, natural deterioration and decay in transit or storage excepted.

211. SEC. 6. Every person who, by himself, his agent or employe, knowingly violates any of the provisions of this act shall for each such offense, be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding ten dollars, or by imprisonment in the county jail for a period not exceeding thirty days, or by both such fine and imprisonment in the discretion of the court.

TABLE GRAPES.

(Act No. 107, Public Acts, 1913.)

AN ACT to regulate the packing for shipment and sale of table grapes, and providing penalties for violation thereof.

The People of the State of Michigan enact:

212. SECTION 1. No grapes that are not ripe, or are the fruit of unhealthy vines, or are for any reason unhealthy or in a state of decay shall be packed for shipment by any grower, packer or shipper in any package or basket of less than sixteen pounds capacity.

213. SEC. 2. Any person or persons found guilty of violating any of the provisions of this act, in any court of competent jurisdiction, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than ten days nor more than ninety days, or by both such fine and imprisonment in the discretion of the court.

214. SEC. 3. It shall be the duty of the state dairy and food commissioner, his deputies and assistants, to enforce the provisions of this

act.

COLLECTION OF REGISTRATION FEES BY CIVIL SUIT.

(Public Act No. 37, Session Laws, 1913.)

AN ACT to provide for the collection of registration, license and other fees due the state dairy and food department, by means of a civil suit in the state courts.

The People of the State of Michigan enact:

215. SECTION 1. Whenever any corporation, firm or person engaged as a dealer, manufacturer, storer or transporter of any food or beverage product for man or animal, doing business within the state shall for thirty days after the same becomes due refuse or neglect to pay any registration or license fee which the laws of Michigan require said corporation, firm or person to pay to the state dairy and food department, the state dairy and food commissioner may bring a civil suit in the name of the people of the state of Michigan for the use and benefit of the state dairy and food department for the recovery of said registration or license fee.

216. SEC. 2. Said suit may be commenced in the circuit court for the county of Ingham or in the circuit court of the county where the principal business office of such defendant corporation, firm or person shall be located and shall be prosecuted in like manner as in civil suits between individuals, and judgment and execution may follow in like manner and costs may be recovered to be taxed as in other civil cases, and all moneys recovered shall be paid into the state treasury for the use and benefit of the state dairy and food department: Provided, That no suit as authorized by this act, shall be commenced until thirty days after the defendant in such suit has been duly notified of his or her delinquency, either personally or by registered letter.

217. SEC. 3. All expenses incurred by the state dairy and food commissioner under this act shall be defrayed by the state dairy and food department out of its annual appropriation.

CARBONATED BEVERAGES, SYRUPS, EXTRACTS AND SOFT DRINKS.

(Act No. 288, P. A., 1915.)

AN ACT to regulate the manufacture and sale of carbonated beverages, syrups, extracts and soft drinks within the State and prescribe penalties for violation thereof.

The People of the State of Michigan enact:

218. SECTION 1. No person, firm or corporation shall manufacture and bottle for sale any carbonated beverages, soda water, grape juice, cider, mineral water, or other soft drink within this state without having first filed with the Dairy and Food Commissioner an application for a license, accompanied with a fee of ten dollars upon receipt of which application the Dairy and Food Commissioner shall issue to the person, firm or corporation making such application, a license to manufacture carbonated beverages, soda waters, grape juice, cider, mineral waters or other soft drinks as hereinafter provided. Said license shall run from one year from the date of the application, unless sooner revoked as herein provided and shall be renewed annually thereafter.

219. SEC. 2. No person, firm or corporation shall sell, offer for sale or have in their possession with intent to sell, any soda water syrup or extract, soft drink syrup, or extract bearing a distinguishing name or trade mark, without first registering the name or brand of the syrup or extract, and the name and address of the manufacturer thereof, with the Dairy and Food Commissioner. He or they shall also pay into the State treasury at the time of making such registration a license fee of five dollars for each and every brand of said syrup or extract that is sold or offered for sale. Said registration shall be renewed annually: Provided, That whenever any manufacturer, agent or seller shall have paid this fee, his agent or dealer using the same shall not be required to do so. All moneys collected by the Dairy and Food Commissioner under the provisions of this act shall be paid into the State treasury. The provisions of this section shall not apply to local sellers of soda water, grape juice, cider, or other carbonated beverages, as to syrups and extracts made by themselves for their own use exclusively. A manufacturer, jobber or dealer in every syrup, extract or soft drink required to be licensed under this section, shall, upon making application for such license, file with the Dairy and Food Commissioner a sample of said syrup, extract or soft drink for analysis, and said license shall not be granted by the Dairy and Food Commissioner unless he shall determine that said syrup, extract or soft drink is free from all harmful drugs and other ingredients that are injurious to health.

220. SEC. 3. The Dairy and Food Commissioner shall have the power to revoke any license issued under the provisions of this act, whenever it is determined by himself or any of his deputies, chemists or other

properly qualified official that any of the provisions of this act have been violated. Any person, firm or corporation whose license has been so revoked shall discontinue the manufacture of bottle carbonated beverages, soda waters, grape juice, cider or other mineral waters until the provisions of this act have been complied with and a new license issued. He may revoke such license temporarily until there is a compliance with such conditions as he may prescribe, or permanently for the unexpired period of such license.

221. SEC. 4. Before revoking any license, the Dairy and Food Commissioner shall give written notice to the licensee affected, stating that he contemplates the revocation of the same and giving his reasons therefor. Said notice shall appoint a time of hearing before said commissioner and shall be mailed by registered mail to the licensee. On the day of hearing, the licensee may present such evidence to the commissioner as he deems fit, and after hearing all the testimony, the commissioner shall decide the question in such manner as to him appears just and right.

222. SEC. 5. Any licensee who feels aggrieved at the decision of the commissioner, may appeal from said decision within ten days by writ of certiorari to the circuit court of the county where licensee resides and issue shall be framed in said court and a trial had and its decision shall be final.

223. SEC 6. For the purpose of this act a bottled carbonated beverage, soda water, grape juice, cider or other soft drink, except pure fruit juices, shall consist of a beverage made from a pure cane or beet sugar syrup, containing pure flavoring materials, with or without added fruit acid, with or without added color and shall contain in the finished product not less than eight per cent sugar: Provided, That nothing in this act shall prohibit the use of any other harmless ingredient in the manufacture of carbonated beverages: And provided further, That whenever artificial coal tar colors are used nothing but the certified colors as approved by the federal government are permissible. The provisions of this section shall not apply to retailers who do not bottle soda water or other soft drinks, or to beverages made in imitation of beer, bitter drinks or other similar drinks. And all bottled carbonated beverages or other soft drinks not in compliance with the standards established by this act, shall be deemed to be adulterated.

224. SEC. 7. Whenever artificial colors or flavors are used in the manufacture of carbonated beverages, soda waters, grape juice, cider, mineral waters or other soft drinks the bottle or other container shall be distinctly labeled "Artificially colored and flavored." All ciders, fruit ades, fruit juices or other similar drinks that are made in imitation of the natural product shall be properly and distinctly labeled with the word "Imitation" followed by the name of the beverage. All beverages sold in bulk; or from open receptacles that contain artificial coloring or artificial flavors of any character, shall be so labeled, said labels to be prominently displayed on all stands, booths, or other places where said beverages are sold or dispensed. Labels for this purpose shall not be less than four inches wide and ten inches long, and shall contain the following:

"Artificially colored, artificially flavored," or "Artificially colored,