TABLE GRAPES.

(Act No. 107, Public Acts, 1913.)

AN ACT to regulate the packing for shipment and sale of table grapes, and providing penalties for violation thereof.

212. Section 1. The People of the State of Michigan enact, No grapes that are not ripe, or are the fruit of unhealthy vines, or are for any reason unhealthy or in a state of decay shall be packed for shipment by any grower, packer or shipper in any package or basket of less than sixteen pounds capacity.

213. Sec. 2. Any person or persons found guilty of violating any of the provisions of this act, in any court of competent jurisdiction, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than ten dollars nor more than one hundred dollars, or by imprisonment in the county jail for not less than ten days nor more than ninety days, or by both such fine and imprisonment in the discretion of the court.

214. Sec. 3. It shall be the duty of the state dairy and food commissioner, his deputies and assistants, to enforce the provisions of this act.

COLLECTION OF REGISTRATION FEES BY CIVIL SUIT.

Public Act No. 37, Session Laws 1913.

AN ACT to provide for the collection of registration, license and other fees due the state dairy and food department, by means of a civil suit in the state courts.

215. Section 1. The People of the State of Michigan enact, Whenever any corporation, firm or person en

gaged as a dealer, manufacturer, storer or transporter of any food or beverage product for man or animal, doing business within the state shall for thirty days after the same becomes due refuse or neglect to pay any registration or license fee which the laws of Michigan require said corporation, firm or person to pay to the state dairy and food department, the state dairy and food commissioner may bring a civil suit in the name of the people of the state of Michigan for the use and benefit of the state dairy and food department for the recovery of said registration or license fee.

216. Sec. 2. Said suit may be commenced in the circuit court for the county of Ingham or in the circuit court of the county where the principal business office of such defendant corporation, firm or person shall be located and shall be prosecuted in like manner as in civil suits between individuals, and judgment and execution may follow in like manner and costs may be recovered to be taxed as in other civil cases, and all moneys recovered shall be paid into the state treasury for the use and benefit of the state dairy and food department: Provided, That no suit as authorized by this act, shall be commenced until thirty days after the defendant in such suit has been duly notified of his or her delinquency, either personally or by registered letter.

217. Sec. 3. All expenses incurred by the state dairy and food commissioner under this act shall be defrayed by the state dairy and food department out of its annual appropriation.

CARBONATED BEVERAGES, SYRUPS, EXTRACTS AND SOFT DRINKS.

(Act No. 288, P. A., 1915.)

AN ACT to regulate the manufacture and sale of carbonated beverages, syrups, extracts and soft drinks within the State and prescribe penalties for violation thereof.

218. Section 1. The People of the State of Michigan enact, No person, firm or corporation shall manufacture and bottle for sale any carbonated beverages, soda water, grape juice, cider, mineral water, or other soft drink within this State without having first filed with the Dairy and Food Commissioner an application for a license, accompanied with a fee of ten dollars; upon receipt of which application the Dairy and Food Commissioner shall issue to the person, firm or corporation making such application, a license to manufacture carbonated beverages, soda waters, grape juice, cider, mineral waters or other soft drinks as hereinafter provided. Said license shall run from one year from the date of the application, unless sooner revoked as herein provided and shall be renewed annually thereafter.

219. Sec. 2. No person, firm or corporation shall sell, offer for sale or have in their possession with intent to sell, any soda water syrup or extract, soft drink syrup, or extract bearing a distinguishing name or trade mark, without first registering the name or brand of the syrup or extract, and the name and address of the manufacturer thereof, with the Dairy and Food Commissioner. He or they shall also pay into the State Treasury at the time of making such registration a license fee of five dollars for each and every brand of said syrup or extract that is sold or offered for sale. Said registration shall be renewed annually: Provided, That whenever any manufacturer, agent or seller shall have paid this fee, his agent

or dealer using the same shall not be required to do so. All moneys collected by the Dairy and Food Commissioner under the provisions of this act shall be paid into the State Treasury. The provisions of this section shall not apply to local sellers of soda water, grape juice, cider, or other carbonated beverages, as to syrups and extracts made by themselves for their own use exclusively. A manufacturer, jobber or dealer in every syrup, extract or soft drink required to be licensed under this section, shall, upon making application for such license, file with the Dairy and Food Commissioner a sample of said syrup, extract or soft drink for analysis, and said license shall not be granted by the Dairy and Food Commissioner unless he shall determine that said syrup, extract or soft drink is free from all harmful drugs and other ingredients that are injurious to health.

220. Sec. 3. The Dairy and Food Commissioner shall have the power to revoke any license issued under the provisions of this act, whenever it is determined by himself or any of his deputies, chemists or other properly qualified official that any of the provisions of this act have been violated. Any person, firm or corporation whose license has been so revoked shall discontinue the manufacture of bottle carbonated beverages, soda waters, grape juice, cider or other mineral waters until the provisions of this act have been complied with and a new license issued. He may revoke such license temporarily until there is a compliance with such conditions as he may prescribe, or permanently for the unexpired period of such license.

221. Sec. 4. Before revoking any license, the Dairy and Food Commissioner shall give written notice to the licensee affected, stating that he contemplates the revocation of the same and giving his reasons therefor. Said notice shall appoint a time of hearing before said commissioner and shall be mailed by registered mail to the licensee. On the day of hearing, the licensee may present such evidence to the commissioner as he deems fit, and after hearing all the testimony, the commissioner

shall decide the question in such manner as to him appears just and right.

222. Sec. 5. Any licensee who feels aggrieved at the decision of the commissioner, may appeal from said decision within ten days by writ of ceriorari to the circuit court of the county where licensee resides and issue shall be framed in said court and a trial had and its decision shall be final.

223. Sec. 6. For the purpose of this act a bottled carbonated beverage, soda water, grape juice, cider or other soft drink, except pure fruit juices, shall consist of a beverage made from a pure cane or beet sugar syrup, containing pure flavoring materials, with or without added fruit acid, with or without added color and shall contain in the finished product not less than eight per cent sugar: Provided, That nothing in this act shall prohibit the use of any other harmless ingredient in the manufacture of carbonated beverages: And Provided further, That whenever artificial coal tar colors are used nothing but the certified colors as approved by the federal government are permissible. The provisions of this section shall not apply to retailers who do not bottle soda water or other soft drinks, or to beverages made in imitation of beer, bitter drinks or other similar drinks. And all bottled carbonated beverages or other soft drinks not in compliance with the standards established by this act, shall be deemed to be adulterated.

224. Sec. 7. Whenever artificial colors or flavors are used in the manufacture of carbonated beverages, soda waters, grape juice, cider, mineral waters or other soft drinks the bottle or other container shall be distinctly labeled "Artificially colored and flavored." All ciders, fruit ades, fruit juices or other similar drinks that are made in imitation of the natural product shall be properly and distinctly labeled with the word "Imitation" followed by the name of the beverage. All beverages sold in bulk; or from open receptacles that contain artificial coloring or artificial flavors of any character, shall be so labeled, said labels to be prominently displayed on all