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SEC. 11. It shall be the duty of the state board of health Evidence to

be reported whenever it has satisfactory evidence of the violation of any to district of the provisions of this act respecting the adulteration or mis- attorney. branding of foods to report such facts to the district attorney of the county where the law is violated, after the hearing provided in section sixteen of this act.

Sec. 12. It shall be a misdemeanor for any person to refuse Unlawful to to sell to any sheriff or other agent of the state board of health, any sample of food or liquor upon tender of the market price therefor, or to conceal any such food from such officer, or to withhold from him information where such food is kept or stored. Any such person so refusing to sell, or concealing such food, or withholding such information from said officer shall, upon conviction, be punished as provided in section nineteen of the Penal Code of the state of California.

SEC. 13. Whenever said director shall find from his exam- Report to ination and analysis that adulterated, mislabeled or mis- of health. branded food has been on sale in this state, he shall forthwith report to the secretary of the state board of health.

SEC. 14. Every certificate signed by the said director of the Certificate of state laboratory shall be prima facie evidence of the facts therein stated. SEC. 15. The said director of the state laboratory shall Annual

report of make an annual report to the state board of health, on or director of before August first of each year, upon adulterated or mis

laboratory. branded foods and liquors, in which report shall be included the list of cases examined by him in which adulterants were found, and the list of articles found, mislabeled or misbranded, and the names of the manufacturers, producers, jobbers and sellers. Said report, or any part thereof, may, in the discretion of the state board of health, be included in the report which the state board of health is already authorized by law to make to the governor.

The state board of health may, in its discretion, publish any part of said report in any issue of its monthly bulletin.

SEC. 16. When an examination or analysis of the director Hearings of the state laboratory shows that any of the provisions of this of act. act have been violated, notice of that fact together with a copy of the certificate of the findings, shall be furnished to the party or parties from whom the sample was obtained or who executed the guaranty as provided in this act, and a date shall be fixed by the secretary of the state board of health at which said party or parties may be heard before the state board of health or before any two members thereof and the secretary. The hearing shall be held in the city of Sacramento, and at least fifteen days' notice thereof shall be first served upon the party complained of. These hearings shall be private and confined to questions of fact. Parties interested therein may appear in person or by attorney and may propound interrogatories and submit oral or written evidence to show any fault or error in the findings made by the director of the state laboratory. If

for violations

Sheriff to purchase samples of alleged

food.

Fees of sherify.

the examination or analysis be found correct, or if the party or parties fail to appear at such hearing after notice duly served as provided herein, the secretary of the state board of health shall forthwith transmit a certificate of the facts so found to the district attorney of the county in which said adulterated, mislabeled or misbranded food was found. No publication as in this act provided shall be made until after said hearing is concluded.

SEC. 17. It is hereby made the duty of the sheriff of any

county of this state, on presentation to him of a verified comadulterated plaint of the violation of any provisions of this act, at once to

obtain by purchase a sample of the adulterated, mislabeled or misbranded food complained of, and divide said article into three parts, and each part shall be sealed by the sheriff with a seal provided for that purpose. If the package be less than four pounds or in volume less than two quarts, three packages of approximately the same size shall be purchased and the marks and tags upon each package noted as above. One sample shall be delivered to the party from whom procured, or to the party guaranteeing such merchandise, one sample shall be sent to the director of the state laboratory and the third sample shall be sent to and held under seal by the state board of health.

SEC. 18. For his services hereunder the said sheriff shall be allowed the same fees for travel allowed by law to sheriffs on service of criminal process, together with such compensation as by the board of supervisors of his county may be deemed reasonable, and all amounts expended by him in procuring and transmitting the said samples, which fees and amount expended shall be audited and allowed by the said supervisors and paid by his said county as other bills of said sheriff.

SEC. 19. It shall be the duty of the district attorney of each county to prosecute all violations of the provisions of this act occurring within his county.

SEC. 20. Any person, firm, company or corporation violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five dollars, nor more than five hundred dollars, or shall be imprisoned in the county jail for a term not exceeding six months, or by both such fine and imprisonment.

Food found to be adulterated, mislabeled or misbranded destroyed. within the meaning of this act may, by order of any court

or judge, be seized and destroyed. Disposition SEC. 21. One-half of all fines collected by any court or

judge, for the violations of the provisions of this act shall be paid to the state treasurer and the state treasurer shall deposit such money to the credit of the fund for the maintenance of

Duty of district attorney.

Misdemeanor to violate

act.

Adulterated food to be

of fines.

the state laboratory, to be drawn against by warrants of the state controller upon claims which shall be approved by the state board of health and by the state board of examiners.

*SEC. 22. No dealer shall be prosecuted under the provi- Dealer may sions of this act when he can establish a guaranty signed by guaranty. the wholesaler, jobber, manufacturer or other party residing in the United States from whom he purchased such article, to the effect that the same is not adulterated, mislabeled or misbranded within the meaning of this act, and can also establish by satisfactory evidence that the article sold by him was mislabeled and that at the time of making such sale he was not aware of that fact; such guaranty may be either general or special. A general guaranty shall guarantee without condi- General

guaranty. tion or restriction all of the products or articles produced, prepared, compounded, packed, distributed, or sold by the guarantor as not adulterated within the meaning of this act. A special guaranty shall guarantee in the same manner the Special particular articles listed in an invoice of the same, and shall be attached to or shall fully identify such invoice. Both said guaranties to afford protection must contain the name and address of the party or parties making the sales of such article to said dealer. If the guaranty be to the effect that such article is not adulterated, mislabeled or misbranded within the meaning of the national pure food act, approved June 30, 1906, it shall be sufficient for all the purposes of this act and have the same force and effect as though it referred to this act, except that a guaranty referring to the said national pure food act alone shall not be sufficient for the purposes of this act in any case where at any time the standard for the article concerned under this act is higher than the standard for a like article under said national pure food act. In case the whole- When saler, jobber, manufacturer or other party making such we lethout guaranty to said dealer resides without this state and it state. appears from the certificate of the director of the state laboratory that such article or articles were adulterated, mislabeled or misbranded, within the meaning of this act or the national pure food act approved June 30, 1906, the district attorney must forth with notify the attorney general of the United States of such violation.

guaranty.

wholesalers are

*The provisions of this section shall be in force and effect from and after May 1, 1916; provided, that as to products packed and labeled prior to May 1, 1916, in accordance with the national pure food act, and with the regulations thereunder in force prior to May 5, 1914, this section shall be in force and effect from and after November 1, 1916.

5

Appropriation.

SEC. 23. The sum of twenty thousand dollars ($20,000.00) 5 is hereby appropriated out of any money in the state treasury not otherwise appropriated for the purchase of equipment, apparatus, chemicals and supplies of said laboratory and of the office expenses, in connection with the same and for the compensation of additional assistants and other necessary help. The state controller is hereby authorized to draw his warrants for the sums herein appropriated in favor of the secretary of the state board of health and the state treasurer is hereby directed to pay the same.

Sec. 24. No article of food as herein defined shall be manufactured or produced in violation of this act from and after the first day of July, nineteen hundred and seven.

SEC. 25. All acts and parts of acts in conflict or inconsistent with this act are hereby repealed.

SEC. 26. This act shall be in force and effect from and after the first day of January, nineteen hundred and eight.

When act takes effect.

BThe sum of fifty-eight thousand dollars ($58,000.00) was appropriated for the purposes of this act in chapter 393, Statutes of 1915 (General Appropriation Act).

PURE DRUGS ACT.

An act for the prevention of the manufacture, sale or trans

portation of adulterated, mislabeled or misbranded drugs, regulating the traffic in drugs and providing penalties for violation thereof.

[Approved March 11, 1907; as amended 1913 and 1915.]

The people of the state of California, represented in senate and

assembly, do enact as follows:

adulterated

SECTION 1. The manufacture, production, preparation, Sale of compounding, packing, selling, offering for sale or keeping for drugs sale within the state of California, or the introduction into forbidden. this state from any other state, territory, or the District of Columbia, or from any foreign country, of any drug which is adulterated, mislabeled or misbranded within the meaning of this act is hereby prohibited. Any person, firm, company, or corporation who shall import or receive from any other state or territory or the District of Columbia or from any foreign country, or who having so received shall deliver for pay or otherwise, or offer to deliver to any other person, any drug adulterated, mislabeled or misbranded within the meaning of this act, or any person who shall manufacture or produce, prepare or compound, or pack or sell, or offer for sale, or keep for sale, in the state of California, any such adulterated, mislabeled, or misbranded drug, shall be guilty of a misdemeanor; provided, that no article shall be deemed misbranded, mis- Goods labeled or adulterated within the provisions of this act when intended intended for export to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is intended to be shipped, but if said article shall be in fact sold or offered for sale for domestic use or consumption, then this proviso shall not exempt said article from the operation of any of the other provisions of this act.

SEC. 2. That the term “drug” as used in this act, shall in- Definition clude all medicines and preparations recognized in the United "drug." States Pharmacopæia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either man or other animals.

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