Provided, That an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded in the following cases:

First. In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under their own distinctive names, and not included in definition fourth of this section.

Second. In the case of articles labeled, branded, or tagged so as to plainly indicate that they are mixtures, compounds, combinations, imitations, or blends: Provided, That the same shall be labeled, branded, or tagged so as to show the character and constituents thereof: And provided further, That nothing in this Act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredients to disclose their trade formulas, except in so far as the provisions of this Act may require to secure freedom from adulteration or imitation: Provided further, That no dealer shall be convicted under the provisions of this Act when he is able to prove a written guaranty of purity, in a form approved by the Secretary of Agriculture, as published in his rules and regulations, signed by the manufacturer or the party or parties from whom he purchased said articles: Provided also, That said guarantor or guarantors reside in the United States. Said guaranty shall contain the full name and address of the party or parties making the sale to the dealer, and said party or parties shall be amenable to the prosecutions, fines, and other penalties which would attach in due course to the dealer under the provisions of this Act.

SEC. 7. That it shall be the duty of the Secretary of Agriculture to fix standards of food products when advisable, and to determine the wholesomeness or unwholesomeness of preservatives and other substances which are or may be added to foods, and to aid him in reaching just decisions in such matters he is authorized to call upon the Chief of the Bureau of Chemistry and the chairman of the committee on food standards of the Association of Official Agricultural Chemists, and such physicians, not less than five, as the President of the United States shall select, three of whom shall be from the Medical Departments of the Army, the Navy, and the Marine. Hospital Service, and not less than five experts, to be selected by the Secretary of Agriculture by reason of their attainments in physiological chemistry, hygiene, commerce, and manufactures, to consider jointly the standards of all food products (within the meaning of this Act), and to study the effect of the preservatives and other substances added to food products on the health of the consumer; and when so determined and approved by the Secretary of Agriculture such standards shall guide the chemists of the Department of Agriculture in the performance of the duties imposed upon them by this Act. It shall be the duty of the Secretary of Agriculture, either directly or through the chief of the Bureau of Chemistry and the chairman of the committee on food standards of the Association of Official Agricultural Chemists and the medical officers and experts before mentioned, to confer with and consult, when so requested, the duly accredited representatives of all industries producing articles for which standards shall be established under the provisions of this Act.

SEC. 8. That every person who manufactures or produces for shipment and delivers for transportation within the District of Columbia or any Territory, or who manufactures or produces for shipment or delivers for transportation from any State, Territory, or the District of Columbia to any other State, Territory, or the District of Columbia, or to any foreign country, any drug or article of food, and every person who exposes for sale or delivers to a purchaser in the District of Columbia or any Territory any drug or article of food manufactured or produced within said District of Columbia or any Territory, or who exposes for sale or delivers for shipment any drug or article of food received from a State, Territory, or the District of Columbia other than the State, Territory, or the District of Columbia in which he exposes for sale or delivers such drug or article of food, or from any foreign country, shall fur

nish within business hours, and upon tender and full payment of the selling price, a sample of such drugs or articles of food to any person duly authorized by the Secretary of Agriculture to receive the same and who shall apply to such manufacturer, producer, or vender, or person delivering to a purchaser such drug or article of food, for such example for such use, in sufficient quantity for the analysis of any such article or articles in his possession. And in the presence of such dealer and an agent of the Department of Agriculture, if so desired by either party, said sample shall be divided into three parts, and each part shall be sealed by the seal of the Department of Agriculture. One part shall be left with the dealer, one delivered to the Chief of the Bureau of Chemistry of the Department of Agriculture, and one deposited with the United States district attorney for the district in which the same is taken. Said manufacturer, producer, or dealer may have the sample left with him analyzed at his own expense, and if the results of said analysis differ from those of the Department of Agriculture the sample in the hands of the district attorney may be analyzed at the expense of the said manufacturer or dealer by a third chemist, who shall be appointed by the president of the Association of Official Agricultural Chemists of the United States, and the analysis shall be conducted, if so desired, in the presence of a chemist of the Department of Agriculture and a chemist representing the dealer, and the whole data obtained shall be laid before the court.

SEC. 9. That any manufacturer, producer, or dealer who refuses to comply, upon demand, with the requirements of section eight of this Act shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding one hundred dollars or imprisonment not exceeding one hundred days, or both. And any person found guilty of manufacturing or offering for sale, or selling, any adulterated, impure, or misbranded article of food or drug in violation of the provisions of this Act shall be adjudged to pay, in addition to the penalties herein before provided for, all the necessary costs and expenses incurred in inspecting and analyzing such adulterated articles which said person may have been found guilty of manufacturing, selling, or offering for sale.

SEC. 10. That any article of food or drug that is adulterated or misbranded within the meaning of this Act, and is transported or being transported from one State to another for sale, or if it be sold or offered for sale in the District of Columbia and the Territories of the United States, or if it be imported from a foreign country for sale, or if intended for export to a foreign country, shall be liable to be proceeded against in any district court of the United States, within the district where the same is found and seized for confiscation, by a process of libel for condemnation. And if such article is condemned as being adulterated the same shall be disposed of as the said court may direct, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the Treasury of the United States, but such goods shall not be sold in any State contrary to the laws of that State. The proceedings of such libel cases shall conform, as near as may be, to proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in such case; and all such proceedings shall be at the suit of and in the name of the United States.

SEC. 11. That this Act shall not be construed to interfere with commerce wholly internal in any State, nor with the exercise of their police powers by the several States: Provided further, That nothing in this Act shall be construed to interfere with legislation now in force, enacted either by Congress for the District of Columbia or by the Territorial legislatures for the several Territories, regulating commerce in adulterated foods and drugs within the District of Columbia and the several Territories, except wherein such legislation conflicts with the provisions herein.

ALABAMA.

The State of Alabama has no officer charged with the enforcement of its food laws, except that the commissioner of agriculture is required to examine into the sale of oleomargarine and report violations of the law relating to the same to the solicitor of the proper circuit or county to be laid before the grand jury. (See p 27.)

GENERAL FOOD LAW.

5325. Any merchant, grocer, or other person, who mixes any foreign matter or substance with sugar, syrup, or molasses, lard or butter, or other article of food, so as to deteriorate or change the quality thereof, or sells or offers or exposes for sale, such adulterated sugar, syrup, or molasses, lard or butter, or other article of food, or who suffers his servant, agent, apprentice, or other person for him, so to adulterate, or to sell, offer or expose for sale, such adulterated sugar, syrup, or molasses, lard or butter, or other article of food, must, on conviction, be fined not less than fifty, nor more than five hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than six months.-Criminal Code of Alabama, 1896, p. 433.

ALCOHOLIC BEVERAGES.

5327. Any manufacturer, brewer, distiller, grocer, tavern keeper, retailer of spirituous, vinous, or malt liquors, or wholesale dealer of spirituous, vinous, or malt liquors, or any other person, who makes, distills, sells, or offers to sell, or exposes for sale, or permits his servant, apprentice, clerk, or agent, or other person for him, to sell, offer or expose for sale, any such liquors which have been adulterated by the mixture or addition of any poisonous, unwholesome substances, or which are composed or compounded, in whole or in part, of any drug or oil, must, on conviction, be fined not less than two hundred and fifty, and not more than one thousand dollars.Criminal Code of Alabama, 1896, p. 434.

BREAD.

5322. Penalty for handling unwholesome bread. Any baker, or other person, who sells, or offers or exposes for sale, or suffers his servant, apprentice, agent, or other person for him, to sell, offer, or expose for sale, any bread made from sour or unwholesome flour, must, on conviction, be fined not less than twenty, nor more than two hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than six months.

5323. Branding. Any person, who sells or exposes for sale any bread, biscuit, or cracker, without having the name, or the initials of the Christian and surname of the baker legibly marked on each biscuit, cracker, or loaf of bread, must, on conviction, be fined not more than twenty dollars.

5324. Penalty for counterfeiting brands. Any person, who counterfeits the name or initials of another on any bread, biscuit, or cracker, or who marks any bread, biscuit, or cracker with any other initials or name than his own, must, on conviction, be fined not less than twenty, nor more than fifty dollars.-Criminal Code of Alabama, 1896, p. 433.

BUTTER.

5326. Penalty for handling adulterated butter. Any person, who renders and manufactures, sells, offers for sale, exposes for sale, or has in his possession with intent to sell or serve to persons, guests, boarders, or inmates, in any hotel, eating house, restaurant, dining-car, boarding-house, public or private hospital, school, or penal institution, any article, product, or compound, made wholly or partly out of any fat, oil, oleagenous substance, or compound thereof, not produced directly and at the time of manufacture from unadulterated milk, or cream from the same, which shall be in imitation of yellow butter produced from pure unadulterated milk, or cream from the same, must, on conviction, be fined not less than twenty, nor more than one hundred dollars; but this section shall not be so construed as to prohibit the manufacture or sale of oleomargarine in such manner as will advise the consumer of its real character, free from coloration or ingredients that cause it to look like butter, by having it stamped with its true name.-Approved Feb. 18, 1895. Criminal Code of Alabama, 1896, p. 433.

376 (Par. 20). Duties of the Commissioner of Agriculture. SEC. 1. Be it enacted by the . General Assembly of Alabama, that the Commissioner of Agriculture shall from time to time enquire into and examine into the sale or delivery within this State of any article, product or compound made wholly or partly out of any fat, oil, oleaginous substance, or compound thereof, not produced directly at the time of manufacture from unadulterated milk or cream from the same, which shall be in imitation of yellow butter produced from pure, unadulterated milk, or cream from the same; and that for the purpose of making said investigation, he shall be authorized to summon and examine witnesses and administer oaths to them, and whenever he has cause to believe from such investigation, that an offense has been committed against the laws of this State, it shall be his duty to report the same together with the evidence in the case to the solicitor of the proper circuit or county to be laid before the grand jury.

SEC. 2. Be it further enacted, That the expenses incurred under the provisions of this act, duly certified to, and verified by the affidavit of the Commissioner of Agriculture, and approved by the Governor, shall be paid from the funds of the Department of Agriculture derived from the sale of tags.-Approved February 18, 1897. (Acts of Alabama, 1896–97, p. 1307. Civil Code, 1896, vol. 1.)

CONFECTIONERY.

5328. Any person, firm or corporation that shall manufacture or knowingly sell or give away or keep for sale any candies, confectioneries of any kind adulterated by the admixture of terra alba, barytes, talc or other earthy or mineral substance, or any poisonous colors, flavors, or extracts or other ingredients injurious to health, shall be guilty of a misdemeanor, and, upon conviction thereof, may be punished by a fine of not less than fifty dollars and not more than five hundred dollars, and may be imprisoned in the county jail, or sentenced to hard labor for the county, for a period not exceeding six months, at the discretion of the court. This section shall be given in charge to the grand jury.-Criminal Code of Alabama, 1896, p. 434.

MEAT.

5321. Any butcher, or other person, who sells, or offers or exposes for sale, or suffers his apprentice, servant, agent or other person for him, to sell, offer, or expose for sale, any tainted, putrid, or unwholesome fish or flesh, or the flesh of any animal dying otherwise than by slaughter, or slaughtered when diseased, for the purpose of being sold or offered for sale, must, on conviction, be fined not less than twenty, nor more than two hundred dollars, and may also be imprisoned in the county jail, or sentenced to hard labor for the county, for not more than six months.-Criminal Code of Alabama, 1896, p. 432.

ALASKA.

Alaska has no officer authorized to enforce its food laws.

GENERAL FOOD LAWS.

156. Sale of unwholesome provisions; penalty. That if any person shall knowingly sell any kind of diseased, corrupted, or unwholesome provisions, whether for meat or drink, without making the same fully known to the buyer, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than three months nor more than one year, or by fine not less than fifty nor more than five hundred dollars.

157. Injurious adulteration. That if any person shall adulterate, for the purpose of sale, any substance intended for meat or drink, with any substance injurious to health, or shall sell or offer for sale any substance so intended, knowing the same to be so adulterated, such person, upon conviction thereof, shall be punished in the manner provided in the section last preceding.

158. Adulteration of drugs. That if any person shall adulterate, for the purpose of sale, any drug or medicine in such manner as to render the same injurious to health, or shall knowingly sell or offer for sale any adulterated drug or medicine, such person, upon conviction thereof, shall be punished in the manner provided in section one hundred and fifty-six, and such adulterated drugs or medicine shall be forfeited and destroyed.—Carter's Annotated Code, 1900, pt. 1, p. 33.

SEC. 84. Trade-marks, etc. That if any person shall willfully and knowingly use, or cause to be used, any private brands, label, stamp, or trade-mark of another, either by counterfeiting the same or using any impression or copy thereof made or prepared by the proprietor thereof, or shall willfully and knowingly use, or cause to be used, any colorable imitation of such brand, label, stamp, or trade-mark, with intent to deceive anyone, such person, upon conviction thereof, shall be punished by imprisonment in the county jail not less than one month nor more than six months, or by fine not less than twenty nor more than three hundred dollars.-Carter's Annotated Code, 1900, pt. 1, ch. 4, p. 18.

28