any fat, oil, or oleaginous substance or compound thereof, not produced from unadulterated milk or cream from the same, which shall be imitation of yellow butter produced from pure unadulterated milk or cream of the same. Provided, that nothing in this act shall be construed to proOleomargarine permitted. hibit the manufacture or sale of oleomargarine in a separate and distinct form, and in such manner as will advise the consumer of its real character free from coloration or ingredient that causes it to look like butter. Whoever violates any of the provisions of this section shall be punished Penalty. by a fine of not less than twenty-five dollars nor more than one hundred dollars for each and every offense. 66 SEC. 13. Whoever exposes for sale oleomargaBrand for oleomargarine, etc., required. rine, butterine, or any substance made in imitation or semblance of pure butter in tubs, firkins, or other original packages not distinctly. legibly, and durably branded, stamped, or marked in a conspicuous place with the word "oleomargarine" or "butterine" or "imitation butter," as the case may be, in letters not less than one inch in length and one-half inch in width, or in retail packages not plainly and conspicuously labeled with said words oleomargarine" or "butterine" or "imitation butter," as the case may be, shall be deemed guilty of a misdemeanor and punished by a fine of not less Penalty. than twenty-five dollars nor more than one hundred dollars for each and every offense. "Process" butter to be labeled "renovated." SEC. 14. Whoever by himself, his agents, or employes shall manufacture, sell, offer, or expose for sale butter that is produced by taking original packing stock or other butter, or both, and melting the same, so that the butter fat can be drawn off, then mixing the said butter fat with skimmed milk, or milk, or cream, or other milk product, and rechurning the said mixture; or that is produced by any similar process and is commonly known as boiled or process butter, unless the tub, firkin, or other original package in which the same may be put up, be distinctly, legibly, and durably branded, stamped, or marked in a conspicuous place with the wordsrenovated butter" in printed letters not less than one inch in length and one half inch in width, in prints, boxes, or rolls not plainly and conspicuously labeled on the wrapper thereof with said words renovated butter" in printed letters not less than one-half inch in length and one-quarter inch in width shall be deemed guilty of a misdemeanor and punished by a fine of not less than twenty-five dollars nor more than one hundred dollars for each and every Penalty. offense. Notice to be given of use of oleomargarine in public eating places. SEC. 15. Whoever furnishes or causes to be furnished in any hotel, restaurant, boarding house, or at any lunch counter oleomargarine, or butterine to any guest or patron of such hotel, restaurant, boarding house, or lunch counter in the place or stead of butter shall notify said guest or patron that the substance so furnished is not butter and any party so furnishing without such notice shall be punished by a fine of not less than five dollars nor more Penalty. than ten dollars for each and every offense. SEC. 16. Any person or firm who shall sell or Substitute or filled cheese to be labeled. offer for sale or make or manufacture out of any oleaginous substance or substances or any compound of the same or any other compound other than that produced from unadulterated milk any article designed to take the place of cheese, produced from pure milk or any article terined ·· filledcheese" shall stamp each package of the same on the top and side with lamp black and oil the words filled-cheese" or words that shall designate the exact character and quality of the product in printed letters at least one inch long and one-half inch wide. Whosoever violates the provisions of this section is guilty of Penalty. a misdemeanor and shall be punished by a fine of not less than twentyfive dollars nor more than one hundred dollars for each and every offense. Assistant commissioner, director of farmers' institutes. SEC. 17. The assistant dairy and food commissioner shall be director of farmers' institutes in the State and have charge of all matters relating thereto. He shall arrange for holding as many farmers' institutes during the year as possible and in connection with local committee where institute is to be held shall prepare program and provide for speakers and lectures. The expense of such institutes shall be limited to the actual expense of travel and entertainment for speakers and lecturers. Repeal. SEC. 18. All acts and parts of acts inconsistent or in conflict with the provisions of this act are hereby repealed. OHIO. See Fourteenth Annual Report of the Bureau of Animal Industry, pages 661-669, for Ohio Laws, volume 83, page 1201 (sections 1-4) (= Giauque, 8847-8850).-An act to create the office of dairy and food commissioner, provide for his election, term of office, duties, salaries, expenses, office, dispositition of fines collected, annual reports, etc. (Passed and took effect May 8, 1886.) Ohio Laws, volume 88, page 74 (section 1).-An act to require the Ohio dairy and food commissioner to give bond. (Passed and took effect March 4, 1891.) Ohio Laws, volume 86, page 229 (sections 1-4) (= Giauque, 8837-8840).-An act to regulate the sale of milk. (Passed and took effect April 10, 1889.) Ohio Laws, volume 83, page 178 (sections 1-17)2 (= Giauque, 8821-8834, 8836).— An act to prevent adulteration of and deception in the sale of dairy products, and supplementary to Chapter II, Title I, part 4, of the Revised Statutes. (Passed and took effect May 17, 1886.) Ohio Laws, volume 87, page 51 (sections 1-3) 2.-An act to prevent deception in the sale of dairy products and to preserve the public health. (Passed March 7, 1890; took effect May 1, 1890.) Ohio Laws, volume 91, page 274 (sections 1-7).-An act to prevent fraud and deception in the manufacture and sale of oleomargarine and promote public health in the State of Ohio. (Passed and took effect May 16, 1894.) Ohio Laws, volume 92, page 51 (sections 1-10).-An act to prevent fraud in the manufacture and sale of imitations of cheese or substitutes for cheese, and to regulate the branding of cheese in the State of Ohio. (Passed and took effect March 3, 1893.) Ohio Laws, volume 81, page 67 (sections 1-5).-An act to provide against the adulteration of food and drugs. (Passed March 20, 1884; took effect forty days later.) Following should be added: OHIO LAWS, Volume 91, page 412. AN ACT to amend sections [section ?] 3718a of the Revised Statutes of Ohio. (Passed and took effect May 21, 1894.) SECTION 1. That section 3718a of the Revised Statutes of Ohio, be and the same is hereby amended to read as follows: SEC. 3718a. Any justice of the peace, within his county Jurisdiction in violation of and city, police judge or mayor of any city or village, within food and dairy laws. his city or village, shall have jurisdiction in case of violation of the laws, to prevent adulteration of food and drink, the adulteration and deception in the sale of dairy products, and drugs and medicines, and any violation of the law for the prevention of cruelty to animals, or under section sixtynine hundred and eighty-four of the Revised Statutes. or section sixty-nine hundred and eighty-four-a thereof as herein enacted. If such prosecutions be before a justice of the peace, and a trial by jury be not waived, the said justice shall issue a venire to any constable of the county, containing the names of sixteen electors of the county to serve as jurors to try such case and make due return thereof. Each party shall be entitled to two peremptory challenges, and shall be subject to the same challenges as jurors are subject to in criminal cases in the court of common pleas. If the venire of sixteen names be exhausted without obtaining the required number to fill the panel, the justice may direct the constable to summon any of the bystanders to act as jurors: Provided, That in all cases prosecuted under the provision of this section no costs shall be required to be advanced or paid by the person or persons authorized under the law to prosecute such cases: And provided further, That in all cases brought under the provision of this section, if the defendant be acquitted, or if convicted and committed n default of paying fine and costs, the costs of each case shall be certified under 1 Appropriation for 1900, $50,340. The supreme court of Ohio has upheld the law requiring that oleomargarine shall not be colored to resemble butter. 10034-No. 26-00-6 any fat, oil, or oleaginous substance or compound thereof, not produced from unadulterated milk or cream from the same, which shall be imitation of yellow butter produced from pure unadulterated milk or cream of the same. Provided, that nothing in this act shall be construed to proOleomargarine permitted. hibit the manufacture or sale of oleomargarine in a separate and distinct form, and in such manner as will advise the consumer of its real character free from coloration or ingredient that causes it to look like butter. Whoever violates any of the provisions of this section shall be punished Penalty. by a fine of not less than twenty-five dollars nor more than one hundred dollars for each and every offense. SEC. 13. Whoever exposes for sale oleomargaBrand for oleomargarine, etc., required. rine, butterine, or any substance made in imitation or semblance of pure butter in tubs, firkins, or other original packages not distinctly, legibly, and durably branded, stamped, or marked in a conspicuous place with the word "oleomargarine" or "butterine" or "imitation butter," as the case may be, in letters not less than one inch in length and one-half inch in width, or in retail packages not plainly and conspicuously labeled with said words "oleomargarine" or "butterine" or "imitation butter," as the case may be, shall be deemed guilty of a misdemeanor and punished by a fine of not less Penalty. than twenty-five dollars nor more than one hundred dollars for each and every offense. “Process" butter to be labeled “renovated." SEC. 14. Whoever by himself, his agents, or employes shall manufacture, sell, offer, or expose for sale butter that is produced by taking original packing stock or other butter, or both, and melting the same, so that the butter fat can be drawn off, then mixing the said butter fat with skimmed milk, or milk, or cream, or other milk product, and rechurning the said mixture; or that is produced by any similar process and is commonly known as boiled or process butter, unless the tub, firkin, or other original package in which the same may be put up, be distinctly, legibly, and durably branded, stamped, or marked in a conspicuous place with the words renovated butter" in printed letters not less than one inch in length and one half inch in width, in prints, boxes, or rolls not plainly and conspicuously labeled on the wrapper thereof with said words renovated butter" in printed letters not less than one-half inch in length and one-quarter inch in width shall be deemed guilty of a misdemeanor and punished by a fine of not less than Penalty. twenty-five dollars nor more than one hundred dollars for each and every offense. Notice to be given of use of oleomargarine in public eating places. SEC. 15. Whoever furnishes or causes to be furnished in any hotel, restaurant, boarding house, or at any lunch counter oleomargarine, or butterine to any guest or patron of such hotel, restaurant, boarding house, or lunch counter in the place or stead of butter shall notify said guest or patron that the substance so furnished is not butter and any party so furnishing without such notice shall be punished by a fine of not less than five dollars nor more Penalty. than ten dollars for each and every offense. Substitute or filled cheese to be labeled. SEC. 16. Any person or firm who shall sell or offer for sale or make or manufacture out of any oleaginous substance or substances or any compound of the same or any other compound other than that produced from unadulterated milk any article designed to take the place of cheese, produced from pure milk or any artic e terined * filledcheese" shall stamp each package of the same on the top and side with lamp black and oil the words filled-cheese "or words that shall designate the exact character and quality of the product in printed letters at least one inch long and one-half inch wide. Whosoever violates the provisions of this section is guilty of Penalty. a misdemeanor and shall be punished by a fine of not less than twentyfive dollars nor more than one hundred dollars for each and every offense. SEC. 17. The assistant dairy and food comAssistant commissioner, director of farmers' missioner shall be director of farmers' instiinstitutes. tutes in the State and have charge of all matters relating thereto. He shall arrange for holding as many farmers' institutes during the year as possible and in connection with local committee where institute is to be held shall prepare program and provide for speakers and lectures. The expense of such institutes shall be limited to the actual expense of travel and entertainment for speakers and lecturers. Repeal. SEC. 18. All acts and parts of acts inconsistent or in conflict with the provisions of this act are hereby repealed. OHIO. See Fourteenth Annual Report of the Bureau of Animal Industry, pages 661-669, for Ohio Laws, volume 83, page 1201 (sections 1-4) (= Giauque, 8847-8850).—An act to create the office of dairy and food commissioner, provide for his election, term of office, duties, salaries, expenses, office, dispositition of fines collected, annual reports, etc. (Passed and took effect May 8, 1886.) Ohio Laws, volume 88, page 74 (section 1).-An act to require the Ohio dairy and food commissioner to give bond. (Passed and took effect March 4, 1891.) Ohio Laws, volume 86, page 229 (sections 1-4) (= Giauque, 8837-8840).-An act to regulate the sale of milk. (Passed and took effect April 10, 1889.) Ohio Laws, volume 83, page 178 (sections 1-17) (= Giauque, 8821-8834, 8836).— An act to prevent adulteration of and deception in the sale of dairy products, and supplementary to Chapter II, Title I, part 4, of the Revised Statutes. (Passed and took effect May 17, 1886.) Ohio Laws, volume 87, page 51 (sections 1-3) 2.-An act to prevent deception in the sale of dairy products and to preserve the public health. (Passed March 7, 1890; took effect May 1, 1890.) Ohio Laws, volume 91, page 274 (sections 1-7).-An act to prevent fraud and deception in the manufacture and sale of oleomargarine and promote public health in the State of Ohio. (Passed and took effect May 16, 1894.) Ohio Laws, volume 92, page 51 (sections 1-10).-An act to prevent fraud in the manufacture and sale of imitations of cheese or substitutes for cheese, and to regulate the branding of cheese in the State of Ohio. (Passed and took effect March 3, 1893.) Ohio Laws. volume 81, page 67 (sections 1-5).-An act to provide against the adulteration of food and drugs. (Passed March 20, 1884; took effect forty days later.) Following should be added: OHIO LAWs, Volume 91, page 412. AN ACT to amend sections [section ?] 3718a of the Revised Statutes of Ohio. ' (Passed and took effect May 21, 1894.) SECTION 1. That section 3718a of the Revised Statutes of Ohio, be and the same is hereby amended to read as follows: SEC. 3718a. Any justice of the peace, within his county Jurisdiction in violation of and city, police judge or mayor of any city or village, within food and dairy laws. his city or village, shall have jurisdiction in case of violation of the laws, to prevent adulteration of food and drink, the adulteration and deception in the sale of dairy products, and drugs and medicines, and any violation of the law for the prevention of cruelty to animals, or under section sixtynine hundred and eighty-four of the Revised Statutes. or section sixty-nine hundred and eighty-four-a thereof as herein enacted. If such prosecutions be before a justice of the peace, and a trial by jury be not waived, the said justice shall issue a venire to any constable of the county, containing the names of sixteen electors of the county to serve as jurors to try such case and make due return thereof. Each party shall be entitled to two peremptory challenges, and shall be subject to the same challenges as jurors are subject to in criminal cases in the court of common pleas. If the venire of sixteen names be exhausted without obtaining the required number to fill the panel, the justice may direct the constable to summon any of the bystanders to act as jurors: Provided, That_in_all cases prosecuted under the provision of this section no costs shall be required to be advanced or paid by the person or persons authorized under the law to prosecute such cases: And provided further, That in all cases brought under the provision of this section, if the defendant be acquitted, or if convicted and committed n default of paying fine and costs, the costs of each case shall be certified under 1 Appropriation for 1900, $50,340. The supreme court of Ohio has upheld the law requiring that oleomargarine shall not be colored to resemble butter. 10034-No. 26-00-6 oath to the county auditor, who, after correcting the same, shall issue [a] warrant on the county treasurer in favor of the person or persons to whom such cost and fees shall be paid. And in cases brought for any violation of law for the prevention of cruelty to animals, the humane society or their agents, may employ an attorney to prosecute the same, who shall be paid for his services out of the county treasury, as the county commissioners may deem just and reasonable. Repeal. In effect. SEC. 2. Said original section 3718a is hereby repealed, and this act shall take [effect] and be in force after its passage. OKLAHOMA. See Fourteenth Annual Report of the Bureau of Animal Industry, page 670, for— Compiled Statutes, 1893, chapter 25, article 36 (2264), section 16.-Concerning adulteration. Compiled Statutes, 1893, chapter 25, article 50 (2436, 2437, 2443), sections 1, 2, 8.— Concerning impure provisions and milk. Compiled Statutes, 1893, chapter 8 (342), section 4.-An act creating a board of health and regulating the practice of medicine. (Took effect December 25, 1890.) OREGON. See Fourteenth Annual Report of the Bureau of Animal Industry, pages 670-673, for— General Laws, 1893, page 99 (sections 1-20).-An act to prevent the production and sales of unwholesome foods and medicines, and to regulate sales of adulterated foods, drinks, medicines, and fertilizers, and to repeal the act entitled "An act to prevent the production and sales of unwholesome foods, and to regulate the sales of adulterated foods, drinks, and medicines," approved February 25, 1889. (Filed in the office of secretary of State February 21, 1893.) [Most, if not all, of this act appears to be replaced by the following.] Recently enacted: GENERAL LAWS, 1899, page 46. AN ACT to provide for the election of an Oregon Dairy, and Food Commissioner, and to prescribe his duties and qualifications, and to prevent the production and sale of unwholesome food, drinks, medicine and fertilizers; and to repeal an act entitled "An Act to prevent the production and sale of unwholesome foods and medicines, and to regulate sales of adulterated foods, drinks, medicines, and fertilizers." (Approved February 16, 1899.) Any adulterated food, etc., shall be plainly marked. SECTION 1. No person or persons shall sell, or expose for sale, or exchange, or have in his or their possession for sale or exchange, any adulterated food, drink, medicine, or fertilizer, unless the same shall be plainly marked so as to establish its true character and distinguish it from pure articles of food, drink, medicine, or fertilizers, and in any public dining Notice of use in public eating places. or eating room where adulterated food or drinks are used, the bill of fare shall state the fact in the same size type as is used in printing the body of said bill of fare; or, if no bill of fare is used, then and in that case printed notice thereof shall be posted in a conspicuous place in said dining or eating room so as to be easily seen by anyone entering such room, in which notice shall be stated in large letters the fact that adulterated foods and Process butter." drinks are being used for foods and drinks; and it shall Reworked butter to be marked be unlawful for any person to offer or expose for sale reworked or mixed butter, unless the same is plainly marked "process butter," and it shall be unlawful for any persons to offer or expose for sale any tub or packed butter Remolded butter to be marked Tub butter." remolded into prints, rolls or squares unless the same is plainly marked "tub butter:" and it shall be unlawful for any person who offers or exposes reworked, mixed, packed, or Creamery stamps on such forbidden. remolded butter to mark or brand such butter with the stamp of any creamery or with the words “creamery butter." SEC. 2. When cows are kept by any person for dairy purposes, Stabling of cows. either for butter or cheese, or for the production of milk or cream, for sale, and are confined in stables, such cows so confined shall each be allowed |