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.

128. 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.

129. Sec. 7. All acts and parts of acts inconsistent with this act are hereby repealed.

DRUGS.

(Enrolled Act No. 86, Session Laws, 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:

130. 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.

131. 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.

132. 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 proffesed standard or quality under which it is sold.

133. Sec. 4. An article shall be deemed to be misbranded within the meaning of this act:

First, If it is an imitation of, or offered 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 acetanilede, 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 regular 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.

134. 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.

135. 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 Conimissioner or drug inspector making such complaint be required to furnish security for costs in any action instituted by him having for its ob ject 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.

136. 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 amendable 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.

137. 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 such 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.

138. 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.

139. 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. 140. 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.

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MICHIGAN SUPREME COURT.

DECISIONS RELATIVE TO DAIRY AND FOOD LAWS.

PEOPLE v. SNOWBERGER.

(Opinion filed May 25, 1897.)

Adulteration of Food-Statutory Offenses-Intent-Police Power.

It is competent for the legislature under the police power, to provide for the protection of the public health by making it an offense punishable by fine and imprisonment to sell adulterated food or drink, irrespective of the seller's knowledge of the adulteration.

Act No. 193, Public Acts 1895, prohibits the manufacture or sale of adulterated articles of food or drink, and prescribes what shall be deemed adulteration within the meaning of the act. Section 8 forbids any person from knowingly offering for sale cheese which is falsely labeled; this being the only case in which knowledge is expressly made an element of an offense desig nated by such statute. Held, that proof of guilty knowledge or intent is not essential to the conviction of one who sells adulterated food.

(113 Mich. 86.)

Exceptions before judgment from Monroe; Kinne, J.

Michael Snowberger was convicted of selling adulterated food, in violation of Act No. 193, Public Acts of 1895.

Convicted affirmed.

William Look and Ira G. Humphrey, for appellant.

Bowen, Douglas & Whiting, of counsel.

Willis Baldwin, Prosecuting Attorney, for the people.

Long, C. J.: Respondent was convicted under an information charg ing that: "On the 19th day of April, A. D. 1907, at the city of Monroe, and in the county aforesaid, Michael Snowberger did offer for sale, and sell, to Carl Franke, an adulterated article of food, to wit: A quantity of mustard, to wit, a quarter of a pound, colored and adulterated with turmeric, whereby the said mustard, as an article of food, was damaged and its inferiority concealed and whereby it was made to appear of better and greater value than it really was, the same not being a mixture or compound recognized as ordinary articles or ingredients of articles of food; contrary to the form of the statute in such case made and provided," etc.

The information was filed under Act No. 193, Public Acts 1895, en titled "An act to prohibit and prevent adulteration, fraud and deception