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A convenient form for use in this manner, is the following:
The articles of foods (or drugs, as the case may be) listed in this invoice are guaranteed not to be adulterated, mislabeled, or misbranded within the meaning of The California Pure Foods (or Drugs, as the case may be) Act, March 11, 1907, as amended.
(Name and address of guarantor with state
ment as to whether guarantor is corporation, partnership or individual.)
Excepting as to goods covered by general guaranty, the dealer will not be protected unless he has a special guaranty as above indicated, ! containing an itemized statement of the articles guaranteed.
Dealers from whom adulterated or misbranded goods are taken by inspectors, in order to protect themselves, must prove that the sample was guaranteed as required by the act. Such proof must be submitted to the state board of health at the hearing, or the case will be referred for prosecution. Where the guaranty is special, it should be submitted, with an affidavit that the sample taken is one of the articles mentioned in the itemized statement, and that when taken the sample was in exactly the same condition as when received by the dealer. Where the guaranty is general, a copy of the general guaranty, duly certified as correct, a statement under oath that the sample when taken was in exactly the same condition as it was when received by the dealer, and like proof of the time and place of purchase and the name and address of the person of whom the article was purchased, should be submitted.
PURE FOODS ACT.
An act for preventing the manufacture, sale or transportation
of adulterated, mislabeled or misbranded foods and liquors and regulating the traffic therein, providing penalties, establishing a state laboratory for foods, liquors and drugs and making an appropriation therefor.
[Approved March 11, 1907; as amended 1909, 1911, and 1915.]
The people of the state of California, represented in senate and
assembly, do enact as follows:
SECTION 1. The manufacture, production, preparation, Manufacture compounding, packing, selling, offering for sale or keeping adulterated for sale within the state of California, or the introduction into this state from any other state, territory, or the District of Columbia, or from any foreign country, of any article of food or liquor 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 article of food or liquor 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 food, or liquor shall be guilty of a misdemeanor; provided, that no article of food shall be deemed adulterated, mislabeled or misbranded within the provisions of this act when prepared for export. export beyond the jurisdiction of the United States and prepared or packed according to 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 such foods shall be in fact sold, or kept or offered for sale for domestic uses and consumption, then this proviso shall not exempt said article from the operation of any provisions of this act. SEC. 2. The term “food” as used in this act shall include Definition of
term 'food." all articles used for food, drink, liquor, confectionery or condiment by man or other animals, whether simple, mixed, or compound.
Food, what constitutes
Standard of SEC. 3. The standard of purity of food and liquor shall be purity.
that proclaimed by the secretary of the United States department of agriculture. 1
SEC. 4. Food shall be deemed adulterated within the meanadulterating. ing of this act, in any of the following cases :
First. If any substance has been mixed or packed, or mixed and packed with the food so as to reduce or lower or injuriously affect its quality, purity, strength, or food value.
Second. If any substance has been substituted wholly or in part for the article of food.
Third. If any essential or any valuable constituent or ingredient of the article of food has been wholly or in part abstracted.
Fourth. If it be mixed, colored, powdered, coated or stained in any manner whereby damage or inferiority is concealed.
Fifth. If it contain any added poisonous or other added deleterious ingredient.
Sixth. If it consists in whole or in part of a filthy, decomposed or putrid animal or vegetable substance, or any portion of an animal or vegetable unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter; provided, that an article of liquor shall not be deemed adulterated, mislabeled or misbranded if it be blended or mixed with like substances so as not to injuriously reduce or injuriously lower or injuriously affect its quality, purity or strength.
Seventh. In the case of confectionery: If it contains terra alba, barytes, talc, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt, or spirituous liquor or compound or narcotic drug.
Eighth. In the case of vinegar: If it be artificially colored.2
Ninth. If it does not conform to the standard of purity therefor as proclaimed by the secretary of the United States department of agriculture.
SEC. 5. That the term "misbranded" as used herein shall apply to all articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design or device regarding such article, or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food product which is falsely branded as to the county, city and county, city, town, state, territory, District of Columbia or foreign country in which it is manufactured, or produced.
SEC. 6. Food and liquor shall be deemed mislabeled or mismislabeled or branded within the meaning of this act in any of the following misbranded food.
To what the term "misbranded" applies.
cases : 1For standards of purity as so proclaimed see page 34 et seq., herein.
The provisions of this section are constitutional. See Ex parte Gerino, 143 Cal. 412, 416-417; Ex parte McManus, 151 Cal. 331, 335-338; Arwine_vs. Board, 151 Cal. 499, 503; St. Louis, etc., Co. vs. Naylor, 210 U. S. 281, 52 L. Ed. 1061; and United States vs. Grimaud, decided by U. S. Supreme Court, May 1, 1911. Advance sheets of June 1, 1911, page 480 et seq.
2A similar provision was held to be valid. See People vs. Girard, 73 Hun. 457, 75 Hun. 613, 145 N. Y. 105, 39 N. E. 823, 45 A. S. R. 595; and Weller vs. State, 53 Ohio St. 77, 40 N. E. 1001.
First. If it be an imitation of or offered for sale under the distinctive name of another article of food.
Second. If it be labeled or branded or colored so as to deceive or mislead, or tend to deceive or mislead the purchaser; or if it be falsely labeled in any respect, or if it purport to be a foreign product tending to mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package.
Third. If in package form, and the contents are stated in. terms of weight or measure, they are not plainly and correctly stated on the outside of the package.
Fourth. If the package containing it or its label shall bear any statement, design or device regarding the ingredients or the substance contained therein, which statement, design, or device shall be false or misleading in any particular.
Fifth. When any package bears the name of the manufacturers, jobbers or sellers, or the grade or class of the product, it must bear the name of the real manufacturers, jobbers or sellers and the true grade or class of the product, the same to be expressed in clear and distinct English words in legible type; provided, that an article of food shall not be deemed misbranded, if it be a well-known food product of a nature, quality and appearance, and so exposed to public inspection as not to deceive or mislead nor tend to deceive or mislead a purchaser, and not misbranded and not of the character included within the definitions one to four of this section.
Sixth. If, having no label, it is an imitation or adulteration, or is sold or offered for sale under a name, designation, description or representation which is false or misleading in any particular whatever; and in case of eggs and poultry: if they have been kept or packed in cold storage, or otherwise preserved, they must be so indicated by written or printed label or placard plainly designating such fact when offered or exposed for sale.3
SEC. 7. The term “package” as used in this act shall be Definition construed to include any phial, bottle, jar, demijohn, carton, “package.” bag, case, can, box or barrel or any receptacle, vessel or container of whatsoever material or nature which may be used by a manufacturer, producer, jobber, packer or dealer, for inclosing any article of food.
SEC. 8. The possession of any adulterated, mislabeled or Possession of misbranded article of food or liquor by any manufacturer, food. producer, jobber, packer, or dealer in food, or broker, commission merchant, agent, employee or servant of any such manufacturer, producer, jobber, packer, or dealer, shall be prima facie evidence of the violation of this act. SEC. 9. For the purpose of this act there is hereby estab- State
laboratory lished a state laboratory for the analysis and examination of for analysis foods and drugs, which shall be under the supervision of the and drugs.
See provisions Cold Storage Act, chapter 360, Statutes 1913, amended 1915, page 150 herein.
of the term
Duties of director, etc.
state board of health, which laboratory shall be located at such place as the state board of health may select. The state board of health shall appoint a director of said laboratory, a consulting nutrition expert, and an assistant to such director, all of whom shall be skilled pharmaceutical chemists and analysts of foods and drugs. Said director shall perform all duties required by this act and which shall be required by the state board of health. Said consulting nutrition expert shall at all times be ready for consultation with, give advice to, and perform duties in connection with the director of said laboratory, and shall at all times be under the supervision of and perform such duties under this act as are required by the state board of health. As a part of his duties he shall consult and advise with the state board of control concerning standards of purity and other matters relating to foods and drugs purchased by the state of California for any or all of its institutions. The assistant shall be under the supervision of the director and shall perform all duties required of him by the director and by the state board of health.
The director shall receive an annual salary of three thousand dollars, the consulting nutrition expert shall receive an annual salary of one thousand dollars and the assistant to the director shall receive an annual salary of fifteen hundred dollars. All such salaries shall be paid in the same manner and at the same time as the salaries of state officers.
The state board of health, out of the appropriation hereinafter provided, and out of the funds derived from the operation of this act, may employ and fix the compensation of other and additional clerical and professional assistants.
SEC. 10. The state board of health or its secretary, shall cause to be made by the said director of the state laboratory, examinations and analyses of food and liquor on sale in California, suspected of being adulterated, mislabeled or misbranded at such times and places and to such extent as said board or its secretary may determine, and may appoint such agent or agents, as it may deem necessary, and the sheriffs of the respective counties of the state are hereby appointed and constituted agents for the enforcement of this act, and any agent or sheriff shall have free access, at all reasonable hours, for the purpose of examining any place where it is suspected that any article of adulterated, mislabeled or misbranded foods exists, and such agent or sheriff upon tendering the market price of said articles, if a sale be refused, may take, from any person, firm or corporation samples of any articles suspected of being adulterated, mislabeled or misbranded, and shall deliver or forward such samples to the said director of the state laboratory for examination and analysis.
Suspected food to be analyzed by
Duty of sheriffs.