in part for it; (3.) If any valuable or necessary constituent or ingredient has been wholly or in part extracted from it; (4.) If it is an imitation of, or is sold under the name of another article; (5.) If it consists wholly, or in part, of a diseased, decomposed, putrid, infected, tainted or rotten animal or vegetable substance or article, whether manufactured or not-or, in the case of milk, if it is the produce of a diseased animal; (6.) If it is colored, coated, polished or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is; (7.) If it contains any added substance or ingredient which is poisonous or injurious to health; provided, that the provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles or ingredients of articles of food, if each and every package sold or offered for sale be distinctly labeled as mixtures or compounds, with the name and per cent. of each ingredient therein, and are not injurious to health. 帝 * SECTION 4. Every person manufacturing, offering or exposing for sale, or delivering to a purchaser any articles of food included in the provisions of this act, shall furnish to any person interested, or demanding the same, who shall apply to him for the purpose, and shall tender him the value of the same, a sample sufficient for the analysis of any such * * * articles of food which is in his possession. SECTION 5. Whoever refuses to comply, upon demand, with the requirements of section 4, and whoever violates any of the provisions of this act, shall be guilty of a misdemeanor, and upon conviction shall be fined not exceeding one hundred nor less than twenty-five dollars, or imprisoned not exceeding one hundred, nor less than thirty days, er both. And any person found guilty of manufacturing, offering for sale or selling an adulterated article of food * under the provisions of this act, shall be adjudged to pay in addition to the penalties hereinbefore provided for, all necessary costs and expenses incurred in inspecting and analyzing such adulterated articles of which said person may have been found guilty of manufacturing, selling or offering for sale. * * SECTION 6. This act shall take effect and be in force in forty days from and after its passage. Passed March 20, 1884. 1 AN ACT To prevent fraud in canning fruit and vegetables. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That it shall hereafter be unlawful in this state for any packer or dealer in preserved or canned fruits and vegetables, or other articles of food, to offer such canned articles for sale after January 1, 1886, with the exception of goods brought from foreign countries or packed prior to the passage of this act, unless such articles bear a mark to indicate the grade or quality, together with the name and address of such firm, person or corporation that pack the same, or dealer who sells the same. SECTION 2. That all soaked goods, or goods put up from products dried before canning, shall be plainly marked by an adhesive label, having on its face the word "soaked" in letters not less in size than two-line pica, of solid and legible type; and all cans, jugs, or other packages containing maple syrup or molasses, shall be plainly marked by an adhesive label, having on its face the name and address of the person, firm or corporation who made or prepared the same, together with the name and quality of the goods in letters of the size provided in this section. SECTION 3. Any person, firm or corporation who shall falsely stamp or label such cans or jars containing preserved fruit or food of any kind, or knowingly permit such false stamping or labeling, and any person, firm or corporation who shall violate any of the provisions of this act, shall be deemed guilty of a misdemeanor, and punished with a fine not less than $50 in the case of vendors, and in the case of manufacturers, and those falsely or fraudulently stamping or labeling such cans or jars, a fine of not less than $500 nor more than $1,000; and it shall be the duty of any board of health in this state, cognizant of any violation of this act, to prosecute any person, firm or corporation which it has reason to believe has violated any of the provisions of this act, and after deducting the costs of trial and conviction, to retain for the use of said board the balance of the fine or fines recovered. SECTION 4. This act shall take effect January 1, 1886. 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. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That no person shall sell, exchange, expose or offer for sale or exchange, any substance purporting, sppearing, or represented to be but'er or cheese, or having the semblance of either butter or cheese, which substance is not made wholly from pure milk, or cream, salt and hormless coloring matter, unless it be done under its true name and each vessel, package, roll or parcel of such substance has distinctly and durably painted, stamped, stenciled, or marked thereon the true name of such substance in ordinary bold-faced capital letters, not less than five-line pica in size, and also the name of each article or ingredient used or entering into the composition of such substance, in ordinary bold-faced letters, not less than pica in size, or sell or dispose of in any manner to another any such substance without delivering with each amount sold or disposed of, a label on which is plainly or legibly printed in ordinary bold-faced capital letters not less than five-line pica in size, the true name of such substance, and also the name of such articles used and entering into the composition of such substance in ordinary bold-faced letters, not less than pica size, if the same be not made wholly from pure milk, or cream, salt and harmless coloring matter. SECTION 2. No person or persons shall manufacture out of any oleaginous substance or substances, or any compound of the same other than that produced from unadulterated milk or cream, salt and harm'ess coloring matter, any article designed to be sold as butter or cheese made from pure milk or cream, salt and harmless coloring matter. Nothing in this section shall prevent the use of pure skimmed milk in the manufacture of cheese. SECTION 3. No person or persons shall manufacture, mix, compound with or add to natural or pure milk, cream, butter or cheese, any animal fats, animal, mineral or vegetable oils, nor shall any person or persons manufacture any oleaginous or other substance not produced from pure milk or cream, salt and harmless coloring matter, or have the same in his possession, or offer or expose the same for sale or exchange with intent to sell or in any manter dispose of the same as and for butter and cheese made from unadulterated milk or cream, salt and harmless coloring matter, nor shall any substance or compound so made be sold or disposed of to any one as and for butter or cheese made from pure milk or cream, salt and harmless coloring matter. SECTION 4. No person or persons shall sell, exchange, expose or offer for sale or exchange, dispose of or have in his possession any substance or article made in imitation or resemblance of, or as a substitute for any dairy product which is falsely branded, stenciled, lab led or marked as to the place where made, the name or cream value thereof, its composition or ingredients, or in any other respecí. SECTION 5. No person or persons shall sell, exchange, expose or offer for sale or exchange, dispose of or have in his possession any dairy products which are falsely branded, stenciled, labeled or marked as to the place where made, date of manufacture, the name or cream value thereof, composition or ingredients, or in any other respect; and cheese made wholly from skimmed milk shall have branded on the box or can "made from skimmed milk." SECTION 6. Every person in this state who shall deal in, keep for sale, expose or offer for sale or exchange, any substance other than butter or cheese made wholly from pure milk or cream, salt and harmless coloring matter, which appears to be, resembles, or is made in imitation of, or as a substitute for butter or cheese, shall keep a card not less in size than eight by ten inches, in a conspicuous and visible place, where the same may be easily seen and read in the store, room, stand, booth, wagon or place where such substance is, on which card shall be printed in bold, black, Roman letters, not less in size than eight-line pica, the true name of such substance, with the words "imitation butter, or imitation cheese, sold here." SECTION 7. Every proprietor, keeper, or manager, or person in charge of any hotel, boarding-house, restaurant, eating-house, lunch counter, or lunch room who therein sells, uses, or disposes of any substance which appears to be, resembles, or is made in, or as an imitation of, or is made as a substitute for "butter or cheese," under whatsoever name, and which substance is not wholly made from pure milk or cream, salt and harmless coloring matter, shall display and keep a card in a conspicuous place, where the same may be easily seen and read in the dining, eating, restaurant and lunch room, and place where such substance is sold, used or disposed of, which card shall be in size not less than eight by ten inches, upon which shall be printed in plain, bold, black letters, not less in size than eight line pica, the true name of such substance, and also the words "imitation butter, or imitation cheese, sold and used here," and such proprietor keeper, manager or person in charge shall not sell, furnish or dispose of such substance as and for "butter and cheese" made from pure milk or cream, salt and harmless coloring matter, when butter or cheese is asked for. SECTION 8. No person or persons shall pack, box, inclose, ship or consign any substance, as butter or cheese made from pure milk or cream, salt and harmless coloring matter, in such a manner as to conceal an inferior article by placing a finer grade of butter or cheese upon the surface of the same. SECTION 9. No person or persons shall sell to any person, or deliver or carry or cause to be carried to any cheese or butter factory to be manufactured, any milk diluted with water or in any way adulterated, or from which any cream has been taken, or milk commonly known as "skimmed milk," or milk from which [the] part known as "strippings" has been withheld with the intent to defraud, or keeps or renders any false account of the quantity or weight of milk furnished at or to any factory for manufacture or sold to any manufacturer. SECTION 10. No person or persons shall sell, exchange, or offer for sale or exchange, any unclean, impure, unhealthy, unwholesome milk, or sell, exchange, or offer for sale or exchange as pure milk," milk diluted with water, or milk known as skimmed milk. SECTION 11. No person or persons shall sell, exchange, expose, or offer for sale or exchange, have in his possession or dispose of in any manner, any milk which is falsely branded, labeled, marked or represented as to grade, quantity or place where produced or procured. SECTION 12. No person shall keep cows for the production of milk for any purpose, in a cramped or unhealthy condition, or feed them on unhealthy food, or upon food that produces impure, unhealthy or unwholesome milk. SECTION 13. No person shall manufacture, sell, exchange, expose or offer for sale or exchange, any condensed milk, unless the package, can or vessel containing the same shall be distinctly labeled, stamped or marked with its true name, brand, by whom and under what name made, and no condensed milk shall be made, exchanged, exposed or offered for sale or exchange, unless the same be made from pure, clean, healthy, fresh, unadulterated and wholesome milk, from which the cream has not been removed, or unless the proportion of milk solids contained in the condensed milk shall be in amount the equivalent of 12 per centum of milk solids in crude milk, and of such solids, 25 per centum shall be fat. SECTION 14. No butter or cheese not made wholly from pure milk or cream, salt and harmless coloring matter, shall be used in any of the charitable or penal institutions of the state. SECTION 15. Any person or persons violating any of the provisions or sections of this act shall, upon conviction thereof, be fined not less than fifty or more than two hundred dollars for the first offense, or for each subsequent offense not less than one hundred dollars or more than five hundred dollars, and be imprisoned not less than ten days or more than ninety days, or both. SECTION 16. One-half of all fines collected under any of the provisions of this act shall be paid over to the person or persons furnishing information under which conviction is procured. SECTION 17. That section 7089 of the Revised Statutes and acts of April 13, 1881, vol. 78, page 130, and April 26, 1881, vol. 78, page 198, amendatory and supplementary of section 7090, and the act to prevent the manufacture and sale as butter of oleomargarine and other similar substances, passed April 27, 1885, vol. 82, page 159, are hereby repealed. SECTION 18. This act shall take effect on its passage. AN ACT To regulate the branding of cheese in the state of Ohio and to prevent fraud in its manufacture and sale. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That every manufacturer of cheese in the state of Ohio shall have upon the sale thereof, distinctly and durably stamped in full faced capital letters upon each and every such cheese by whatever style or name known, the grade of the same as "Ohio full cream," "Ohio state cheese," "Ohio standard" or "Ohio skimmed," as hereinafter provided for, together with the name of the city, village or town where such cheese was manufactured. SECTION 2. Such cheese only as shall have been manufactured from pure and wholesome milk from which no portion of the butter fats have been removed by skimming or any other process, and in the manufacture of which neither butter nor any other animal or vegetable fats or oils have been used, nor any fats which have been extracted from milk in any form and returned for the purpose of filling the cheese, shall be stamped "Ohio full cream." All cheese manufactured as above required from pure and wholesome milk, but from which a portion of the butter fats have been removed, shall, if it contain not less than seventy-five per centum of pure butter fats, be stamped "Ohio state cheese." All cheese manufactured as above required from pure and wholesome milk, but from which a portion of the butter fats have been removed, shall, if it contain less than seventy-five per centum of butter fats and not less than forty per centum of butter fats, be stamped "Ohio standard." All cheese containing less than forty per centum of butter fats shall be stamped "Ohio skimmed." SECTION 3. The stamp provided for in this act designating the grade of cheese shall be such as to produce an impression not less than three inches in width and not less than five inches in length, and the words "Ohio full cream," "Ohio state cheese," "Ohio standard" or "Ohio skimmed," together with the name of the factory and the name of the city, village or town where such factory is located, the whole to be included within a full heavy border. Ordinary stamping ink, red, green, purple or violet in color and of such composition as not to be easily removed or wholly obliterated by moisture, shall be used in stamping as provided in this act. SECTION 4. Any manufacturer of cheese who shall sell or dispose of any cheese without being stamped as required by this act, or who shall falsely stamp the same, and any dealer or other person who shall remove, deface or obliterate such stamp from any cheese so stamped, shall, upon conviction thereof, be fined not less than twenty-five dollars nor more than one hundred dollars for the first offense, and for each subsequent offense not less than one hundred dollars and not more than three hundred dollars and pay the costs of prosecution. SECTION 5. This act shall take effect and be in force from and after June 1, 1892. Passed 1892. AN ACT To prevent deception in the sale of dairy products and to preserve the public health. SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That no person, by himself or his agent, or his employe, shall render or manufacture for sale out of any animal or vegetable oils, not produced from unadulterated milk or cream from the same, any article in imitation or semblance of natural butter or cheese produced from pure unadulterated milk or cream from the same, nor compound with, or add to milk, cream or butter any acids or other deleterious substance, or animal fats, or animal or vegetable oils not produced from milk or cream, so as to produce any article or substance, or any human food, in imitation or semblance of natural butter or cheese, nor shall sell, keep for sale or offer for sale any article, substance or compound made, manufactured or produced in violation of the provisions of this section, whether such article, substance or compound shall be made or produced in this state or elsewhere. SECTION 2. For the purpose of this act the terms "natural butter and cheese," "natural butter or cheese produced from pure unadulterated milk or cream from the same, butter and cheese made from unadulterated milk or cream, butter or cheese, nor product of the dairy," and batter or cheese, shall be understood to mean the products usually known by the terms butter and cheese, and which butter is manufactured exclusively from pure milk or cream, or both, with salt and with or without any harmless coloring matter, and which cheese is manufactured exclusively from pure milk or cream, or both, with salt and rennet, and with or without any harmless coloring matter or sage. It is further provided that nothing in this act shall be construed to prohibit the manufacture or sale of oleomargarice, in a separate an i distinct form, and in such mauner as will advise the consumer of its real charac er, free from any coloring matter or other ingredient causing it to look like or appear to be butter, as above defined. SECTION 3. Whoever violates the provisions of this act shall be guilty of a misdemeanor, and be punished by a fine of not less than one hundred dollars, nor more than five hundred, or not less than six months' nor more than one year's imprisonment, for the first offense, and by imprisonment for one year for each subsequent offense. SECTION 4. This act shall take effect from and after the first day of May, 1890. |