STANDARDS.

(Act No. 64, Public Acts, 1913.)

AN ACT to define and fix standards of purity for foods, beverages, condiments, confectionery and drugs in this state in prosecutions arising under the food, beverage and drug laws of the state of Michigan.

22. Section 1. The People of the State of Michigan enact, In all prosecutions arising under the food and drug laws of this State for the manufacture or sale of an adulterated, misbranded or otherwise unlawful article of food, drink, condiment or drug, the latest standards of purity for food products, established by the United States secretary of agriculture, shall be accepted as the legal standards, except in cases where other standards are specifically prescribed by the laws of this State.

GENERAL FOOD LAW.

(Act No. 193, Public Acts, 1895.)

AN ACT to prohibit and prevent adulteration, fraud and deception in the manufacture, and sale of articles of food and drink.

23. (C. L., 5010) Section 1. The People of the State of Michigan enact, No person, firm or corporation by themselves or their agents or servants shall within this State, have in their possession with intent to sell, or offer or expose for sale, or sell any article of food which is adulterated or misbranded within the meaning of this act. [Am. by Act No. 118, P. A. 1897. Am. by Act No. 162, P. A. 1913.]

24. (C. L., 5011) Sec. 2. The term food as used herein, shall include all articles used for food, drink, confectionery or condiment intended to be eaten or drank by man or other animals, whether simple, mixed or compound.

[Am. by Act No. 162, P. A. 1913.]

25. (C. L., 5012) Sec. 3. An article shall be deemed to be adulterated within the meaning of this act:

First, If any substance or substances have been mixed with it so as to lower or depreciate or injuriously affect its quality, strength or purity;

Second, If any inferior or cheaper substance or substances have been substituted wholly or in part for it; Third, If any valuable or necessary constituent or ingredient has been wholly or in part abstracted from it; Fourth, 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 product of a diseased animal;

Fifth, If it is colored, coated, polished, bleached 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;

Sixth, If it contains any added substance or ingredient which is poisonous or injurious to health: Provided, That nothing in this act shall prevent the coloring of pure butter.

Sec. 3 (a). An article shall be deemed to be misbranded within the meaning of this act:

First, If it is an imitation of or is offered for sale under the name of another article;

Second, If it is labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when not so, or 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;

Third, If in package form every package, box, bottle, basket or other container does not bear the true net weight, excluding the wrapper or container, which shall be stated in terms of pounds, ounces and grains avoirdupois weight or the true net measure, which measure, in case of liquids, shall be in terms of gallons of two hundred and thirty-one cubic inches or fractions thereof, as quarts, pints and ounces or the true numerical count, as the case may be, expressed on the face of the principal label in plain English words or numerals, so that it can be plainly read: Provided, however, That reasonable variations shall be permitted and tolerances therefor and also exemptions as to small packages shall be established and promulgated by the Dairy and Food Commissioner: Provided, however, That no penalty of fine, imprisonment or confiscation shall be enforced for any violation of subdivision third of this section prior to September first, nineteen hundred fourteen, as to goods in the hands of wholesalers or retailers when this act takes effect or re

ceived prior to January one, nineteen hundred fourteen. The provisions of this subdivision shall not apply to beverages in glass containers;

Fourth, 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: 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 bear the name and address of the manufacturer or jobber or retail merchant with an established business, and be distinctly labeled under its own distinctive name, and in a manner so as to plainly and corectly show that it is a mixture or compound and is not in violation of any of the foregoing provisions of this act. Every article of food as defined in the statutes of this State shall be sold by weight, measure or numerical counț and as now generally recognized by trade custom, except where the parties otherwise agree, and shall be labeled in accordance with the provisions of the food and beverage laws of this State. Only those products shall be sold by numerical count which cannot well be sold by weight or measure. All foods not liquid, if sold by measure, shall be sold by standard dry measure, the quart of which contains sixtyseven twenty one-hundredths cubic inches, providing that the provisions of this section shall not apply to fresh fruit and vegetables.

[Am. by Act No. 118, P. A. 1897. Am. by Act No. 162, P. A. 1913. Am. by Act No. 311, P. A. 1915.]

26. (C. L., 5013) Sec. 4. No person, by himself or his agents or servants, shall manufacture for sale or offer or expose for sale, or sell, as butter, and the legitimate product of the dairy or creamery, any article not made exclusively of milk or cream, but into which the oil or fat of animals, or any other oils not produced from milk, enters as a component part, has been introduced to

take the place of cream. Whoever violates the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty nor more than five hundred dollars, and the costs of prosecution, or by imprisonment in the. county jail, or the State House of Correction and Reformatory at Ionia for not less than ninety days nor more than two years, or by both such fine and imprisonment in the discretion of the court for each and every offense.

27. Sec. 5. No person shall manufacture, deal in, sell, offer or expose for sale or exchange, any article or substance in the semblance of, or in imitation of cheese made exclusively of unadulterated milk or cream, or both, into which any animal, intestinal or offal fats or oils or melted butter in any condition or state, or modification of the same, or oleaginous substances of any kind not produced from unadulterated milk or cream shall have been introduced. All cheese manufactured or sold within this State shall be divided into two grades, to be known as "full cream cheese" and "skimmed milk cheese." All full cream cheese shall contain in water free substance not less than thirty per centum of milk fat, as may appear upon proper test, and all cheese containing less than thirty per centum of milk fat shall be known and branded as "skimmed milk cheese": Provided, That the provisions of this act shall not be construed to apply to such cheese as is known as "fancy cheese" and is under five pounds in weight each, nor to what is known as "Swiss cheese," "brick cheese," "Dutch cheese" or "cottage cheese," and does not contain anything injurious to health.

[Am. by Act No. 73, P. A. 1913.]

28. Sec. 6. Every manufacturer of full cream cheese may put a brand upon each cheese, indicating "full cream cheese," and no person shall use such a brand upon any cheese made from milk from which any of the cream has been taken. Every manufacturer of imitation cheese, as defined by this act, shall put a brand upon each cheese so