said drier with raw linseed oil, as defined above, at a temperature of not less than 225 deg. Fahrenheit, and furthermore contains not less than 96 per cent of linseed oil; and for the purpose of this act it shall also be deemed a violation thereof if said boiled linseed oil prepared either with or without drier does not conform to the following requirements: 1. Its specific gravity at 60 deg. Fahrenheit must be not less than 0.935 and not greater than 0.945; 2. Its saponification value (Koettstorfer figure) must not be less than 186; 3. Its iodine number (Huebl's method) must be not less than 160; 4. Its acid value must not exceed 10; 5. The volatile matter expelled at 212 deg. Fahrenheit must not exceed one-half of one per cent; 6. No mineral oil shall be present and the amount of unsaponifiable matter as determined by standard methods shall not exceed 2.5 per cent; 7. The film left after flowing the oil over glass and allowing it to drain in a vertical or nearly vertical position must dry free from tackiness in not to exceed twenty hours, at a temperature of about 70 deg. Fahrenheit. Linseed oil or flaxseed oil which does not conform to the foregoing requirements shall be deemed to be adulterated within the meaning of this act. 119. Sec. 2. No person, firm or corporation, either by himself or another, shall sell, offer or expose for sale, or have in his possession with intent to sell in this State any linseed oil or flaxseed oil, except under its true name, and unless each barrel, keg, or can of such oil has plainly and durably painted, stamped, stenciled, labeled or marked thereon the true name of such oil in ordinary bold faced capital letters, not less than five lines pica in size, together with the name and address of the manufacturer, jobber or dealer: Provided, That if the contents of the package be less than twenty-five gallons, the types shall not be less than two lines pica in size. Proof that any person, firm or corporation has or had possession of any oil or compound which is adulterated or misbranded within the meaning of this act shall be prima facie evidence that the possession thereof is in violation of this act. 120. Sec. 3. Linseed oil compounds or flaxseed oil compounds designed to take the place of raw or boiled linseed oil or raw or boiled flaxseed oil as defined in section one of this act, whether sold, offered or exposed for sale under invented proprietary names or titles or not, shall bear conspicuously upon the containing vessel, in capital letters not less than five line pica in size, the word "Compound," followed immediately with the true distinctive names of the actual ingredients in the order of their greater preponderance, in the English language, in plain legible type of the same size, not less than two lines pica in size, in continuous list with no intervening matter of any kind, and shall also bear the name and address of the manufacturer, jobber or dealer. Any oil or compounds required to be branded by the provisions of this act and not complying with sections two and three shall be deemed to be misbranded within the meaning of this act. 121. Sec. 4. It is hereby made a duty of the State Dairy and Food Commissioner to enforce the provisions of this act. 122. Sec. 5. Sec. 5. The State Dairy and Food Commissioner, his agents, assistants, inspectors, chemists or others appointed by him, shall have full rights of ingress and egress to the premises occupied by parties who manufacture, sell or deal in linseed oil or flaxseed oil, or linseed oil compounds or flaxseed oil compounds, and also shall have power and authority to open any tank, barrel, can or other vessel believed to contain such oil and inspect the contents thereof and to take therefrom samples for analysis. In case any samples so taken shall prove on analysis to be adulterated or misbranded in violation of the provisions of this act it shall be the duty of the State Dairy and Food Commissioner to proceed against the offender as herein provided. No person shall obstruct the State Dairy and Food Commissioner or any of his assistants by refusing entrance to any place which he desires to enter in the discharge of his official duty as provided in this act, nor shall any person refuse to deliver to him a sample of oil when same is requested and when the value thereof is tendered. 123. Sec. 6. Any person, firm or corporation convicted of violating any of the provisions of the foregoing act shall, for the first offense be punished by a fine in any sum not less than twenty-five dollars and not more than one hundred dollars or by imprisonment in the county jail not exceeding thirty days, or by both such fine and imprisonment in the discretion of the court; and for the second and each subsequent offense by a fine of not less than fifty dollars and not more than two hundred dollars or by imprisonment in the county jail not exceeding one year, or both in the discretion of the court; or the fine above may be sued for and recovered before any justice of the peace or any court of competent jurisdiction, in the county where the offense shall have been committed, at the instance of the State Dairy and Food Commissioner or any other person in the name of the people of the State of Michigan as plaintiff and shall be recovered in an action of debt. 124. Sec. 7. All acts and parts of acts inconsistent with this act are hereby repealed. DRUGS. (Act No. 146, Public Acts, 1909.) AN ACT to prohibit and prevent adulteration, misbranding, fraud and deception in the manufacture and sale of drugs and drug products in the State of Michigan, and to provide for the enforcement thereof. The People of the State of Michigan enact: 125. Section 1. No person shall within this State manufacture for sale, have in his possession with intent to sell, offer or expose for sale, or sell, any drug or drug product which is adulterated or misbranded within the meaning of this act. 126. Sec. 2. The term "drug" as used in this act shall include all medicines and preparations recognized in the United States Pharmacopoeia 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. 127. Sec. 3. An article shall be deemed to be adulterated within the meaning of this act: First, If, when it is sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality or purity as determined by the test laid down in the United States Pharmacopoeia or National Formulary official at the time of investigation: Provided, That no drug defined in the United States Pharmacopoeia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality or purity be plainly stated upon the principal label of the bottle, box or other container thereof, although the standard may differ from that determined by the test laid down in the United States Pharmacopoeia or National Formulary; Second, If its strength or purity fall below the professed standard or quality under which it is sold. 128. Sec. 4. An article shall be deemed to be misbranded within the meaning of the act: First, If it is an imitation of, or altered for sale under the name of another article; Second, 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, or if the package fail to bear a statement on the label of the quantity or proportion of any alcohol, antipyrin, opium, morphine, codeine, heroin, cocaine, alpha or beta eucaine, chloroform, cannabis, indica, chloral hydrate or acetanilide, or any derivative or preparation of any such substances, contained therein: Provided, That nothing herein shall be construed to apply to the dispensing of prescriptions written by regularly licensed practicing physicians, veterinary surgeons and dentists, and kept on file by the dispensing pharmacist, nor to such drugs as are recognized in the United States Pharmacopoeia and National Formulary, and which are sold under the name by which they are so recognized; Third, If the package containing it or its label shall bear any statement, design or device regarding the ingredients or the substances contained therein, which statement, design or device shall be false or misleading in any particular, and to any drug or drug product which is falsely branded as to the state, territory or country in which it is manufactured or produced. 129. Sec. 5. The president of the board of pharmacy, the president of the State Board of Health and the Dairy and Food Commissioner shall jointly make such rules and regulations as may be necessary for the enforcement of this act. 130. Sec. 6. It shall be the duty of the Dairy and Food Commissioner to investigate all complaints of violations of this act and take all steps necessary to its enforcement; and to this end he shall appoint two drug inspectors who shall be registered pharmacists, and one competent analyst; which inspectors and analyst shall hold office at the pleasure of said commissioner, and until others are appointed; and the said Dairy and Food Commissioner or his deputy and the said drug inspectors or any of them shall in a lawful manner inquire into the drug products which are manufactured or sold or exposed or offered for sale in this State, and may in a lawful manner procure samples of the same for analysis; and the said Dairy and Food Commissioner, his deputy, or said drug inspectors or any of them, shall have power to enter into any factory, store, salesroom, drug store or laboratory or place where he has reason to believe drug products are made, stored, sold or offered for sale, and open any cask, jar, bottle or package containing, or supposed to contain any drug product, and take therefrom samples for analysis. The person making such inspection shall take such sample of such article or product in the presence of at least one witness, and he shall, in the presence of said witness mark or seal such sample and shall tender at the time of taking to the manufacturer or vendor of such product or to the person having the custody of the same the value thereof and a statement in writing for the taking of such sample. The said Dairy and Food Commissioner shall direct said analyst to make due and careful examination of such sample and report to him the result of such analysis and if the same is found to be adulterated or misbranded within the provisions of this act it shall be the duty of said commissioner, his deputy, or any drug inspector assigned to such duty to make complaint against the manufacturer or vendor thereof in the proper county and furnish all evidence thereof to obtain a conviction of the offense charged, and in no case shall the Dairy and Food Commissioner or drug inspector making such complaint be required to furnish security for costs in any action instituted by him having for its object the enforcement of this act: Provided, Nothing herein contained shall be held to prohibit or prevent other inspectors or chemists connected with the office of the Dairy and Food Commissioner from performing any of the duties herein imposed upon the said drug inspectors and analyst, whenever in the opinion of said Dairy and Food Commissioner the work of his office can be expedited thereby. 131. Sec. 7. In construing and enforcing the provisions of this act, the act, omission or failure of any officer, agent or other person acting for or employed by any corporation, company, society or association within the scope of his employment or office, shall, in every case, be also deemed to be the act, omission or failure of such corporation, company, society or association, as well as that of the person: Provided, That no dealer shall be prosecuted under the provisions of this act when he can establish a guaranty in accordance with the provisions of the national food and drugs act, June thirtieth, nineteen hundred six, or a guaranty signed by the wholesaler, jobber, manufacturer or other parties residing in this State, from whom he purchased such article, to the effect that the same is not adulterated nor misbranded within the meaning of this act. Said guaranty to afford protection shall contain the name and address of the party or parties making the sale of such article to such dealer, and in such case, if such guaranty was given in this State, said party or parties shall be amenable to the prosecution, fines and other penalties which would attach in due course to the dealer under the provisions of this act: Provided, however, That said guaranty shall not afford protection to the vendor in any case if said product is adulterated or misbranded within the meaning of this act, and if said vendor shall have been previously notified in writing by the Dairy and Food Commissioner to that effect: Provided further, That in no case shall the Dairy and Food Commissioner serve such notice upon any vendor of any such product until said Dairy and Food Commissioner shall have notified the manufacturer or jobber of any such product of the findings of the State Analyst with reference to such product; such notification to such manufacturer or jobber shall be in writing and shall be mailed ten days previous to any notice sent to any vendor in accordance with this section. 132. Sec. 8. Nothing in this act shall affect any drug product manufactured in this State for export to any foreign country or for sale in any other state, when such drug product is not adulterated or misbranded within the meaning of the laws of such foreign country or state; but if said article shall be in fact sold or offered for sale for use or consumption within this State, then such article shall not be exempt from the operation of any of the provisions of this act. 133. Sec. 9. It shall be the duty of each prosecuting attorney, when called upon by the said Dairy and Food Commissioner, or by any person by him authorized as aforesaid, to render any legal assistance in his power in proceedings under the provisions of this act or any subsequent act relative to the adulteration or misbranding of drug products. 134. Sec. 10. Whoever shall do any of the acts or things prohibited, or wilfully neglect or refuse to do any of the acts or things enjoined by this act, or in any way violate any of its provisions, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than twenty-five nor more than five hundred dollars, or by imprisonment in the county jail for a period of not more than ninety days, or by both fine and imprisonment in the discretion of the court. 135. Sec. 11. The sum of six thousand dollars is hereby appropriated for the fiscal year ending June thirtieth, nineteen hundred eleven, and for each fiscal year thereafter there is hereby appropriated the sum of six thousand dollars. Out of the amounts appropriated by this act shall be paid all salaries and expenses provided for herein. TURPENTINE. AN ACT regulating the sale of turpentine and providing penalties for the violation of this act. (Act No. 175, Public Acts, 1911.) The People of the State of Michigan enact: 136. Section 1. No person, firm or corporation shall manufacture, mix for sale, sell or offer for sale for other than medical purposes, under the name of turpentine or under a name composed of a part or parts of the word turpentine, or spirits of turpentine, and any article which is not wholly distilled from resin, turpentine gum or scrape from pine trees and unmixed and unadulterated with oil, benzine or other foreign substance of any kind whatsoever, unless the package containing the |