LAWS OF MICHIGAN

RELATIVE TO INSPECTION AND ADULTERATION OF FOODS

AND DRUGS

POWERS AND DUTIES OF THE COMMISSIONER

AN ACT to provide for the appointment of a Dairy and Food Commissioner, and to define his powers and duties and fix his compensation.

(Act No. 211, Public Acts, 1893.)

1. (C. L., 4973) Section 1. The People of the State of Michigan enact, That within thirty days after this act shall take effect, the Governor by and with the consent of the Senate, shall appoint a suitable person to be Dairy and Food Commissioner, which office is hereby created, and which commissioner so appointed shall hold his office until the first day of January, one thousand eight hundred and ninety-five and until his successor is appointed and qualified. At the next regular session of the legislature and every two years thereafter, the Governor, by and with the advice and consent of the Senate, shall appoint a Dairy and Food Commissioner, who shall hold his office for the term of two years from the first day of January in the year of his appointment and until his successor is appointed and qualified.

2. (C. L., 4974) Sec. 2. The governor shall have power to remove such commissioner at any time in his diseretion; but the reasons for such removal shall be laid before the Senate at the next regular or special session of the legislature thereafter, and in case of a vacancy in the office of commissioner from any cause, the Governor may appoint another person to fill the same.

3. (C. L., 4975) Sec. 3. Before entering upon the duties of his office, the person so appointed shall make, subscribe, and file in the office of the Secretary of State, an oath of office in the form prescribed by section one of article eighteen of the constitution of this State, and shall enter into bonds with the people of the State of Michigan in the sum of ten thousand dollars, with sureties to be approved by the Governor, conditioned for the faithful performance of his duties.

4. (C. L., 4976) Sec. 4. Said commissioner shall receive an annual salary of two thousand dollars. The said commissioner is hereby authorized and empowered, by and with the advice and consent of the governor, to appoint a deputy commissioner. The salary of the deputy commissioner shall be fifteen hundred dollars per annum. The said commissioner may also appoint eight regular inspectors, who shall receive an annual salary not to exceed one thousand dollars per year, and such other special inspectors as the proper performance of the duties of the office may require, which special inspectors shall be paid not to exceed three dollars per day for the time actually employed: Provided, That the whole sum paid to such special inspectors shall not exceed the income to said department derived from registration fees provided by law. The persons so appointed shall have power to administer oaths in all matters relative to the dairy and food laws and shall take and subscribe the constitutional oath of office and file the same in the office of the secretary of state; and they shall hold office during the pleasure of the commissioner. The inspectors shall have the same right of access to the places to be inspected as the said commissioner or his deputy. The commissioner shall appoint such clerks as he may deem necessary for the transaction of the business of his office. The salaries and expenses authorized by this section shall be for the unexpired part of the fiscal year ending June thirty, nineteen hundred five, and each fiscal year thereafter. Said salaries are to be paid monthly on the warrant of the auditor general. The actual and neces

sary expenses of the commissioner, deputy and inspectors, in the performance of their official duties, shall be audited by the state board of auditors and paid upon the warrant of the auditor general. Such compensation and expenses shall be certified, audited and paid in the same manner as salaries and expenses paid similar officers. The deputy commissioner and regular inspectors shall enter into bonds with the people of the state of Michigan in the sum of one thousand dollars each, with sureties to be approved by the commissioner, conditioned for the faithful performance of their respective duties. The board of state auditors shall provide office room, and the. necessary furniture and fixtures and the necessary stationery, supplies and printing for the conducting of the business of said commissioner, on his application to said board therefor. Said office shall be and remain in the city of Lansing.

[Am. by Act No. 245, P. A. 1895. Am. by Act No. 154, P. A. 1897. Am. by Act No 186, P. A. 1901. Am. by Act No. 230, P. A. 1903. Am. by Act No. 12, P. A. 1905. Am. by Act No. 18, P. A. 1913.]

5. (C. L., 4977) Sec. 5. The commissioner, by and with the consent of the Governor, shall appoint a suitable and competent person as State Analyst, who shall be a practical analytical chemist. The commissioner, in like manner, may appoint an assistant chemist. Before entering upon the duties of their offices, the analyst and assistant chemist shall take, subscribe and file in the office of the Secretary of State the constitutional oath of office. Their term of office shall continue during the pleasure of the commissioner. The Board of State Auditors shall provide a room in connection with the Dairy and Food Commissioner for the laboratory of the State Analyst and his assistant, and the necessary furniture and fixtures therefor. In case of the absence or inability of the State analyst or his assistant to perform his duty, the commissioner may appoint some competent person to perform the same temporarily, which person shall take,

subscribe and file the constitutional oath of office. The salaries and expenses authorized by this section shall be for the unexpired part of the fiscal year ending June thirty, nineteen hundred five, and each fiscal year thereafter, said salaries to be payable monthly on the warrant of the Auditor General. The salary of the chemist shall be not to exceed two thousand dollars; the salary of the assistant chemist shall be not to exceed twelve hundred dollars. The actual and necessary expenses of the chemist and the assistant chemist, in the performance of their official duties, shall be audited by the Board of State Auditors, and paid upon the warrant of the Auditor General. Such an amount as is found to be necessary in the proper performance of the work of the analyst may be expended for chemical supplies. Such compensations, expenses and supplies shall be certified, audited and paid in the same manner as the salaries, expenses and supplies of similar officers.

[Am. by Act No. 245, P. A. 1895. Am. by Act No. 154, P. A. 1897. Am. by Act No. 186, P. A. 1901. Am by Act No. 230, P. A. 1903. Am. by Act No. 12, P. A. 1905.]

6. (C. L., 4978) Sec. 6. It shall be the duty of the Dairy and Food Commissioner to carefully inquire into the dairy and food and drink products and the several articles which are foods or drinks, or the necessary constituents of foods or drink, which are manufactured or sold or exposed or offered for sale in this State, and he may, in a lawful manner, procure samples of the same and direct the State Analyst to make due and careful examination of the same, and report to the commissioner the result of the analysis of all and any of such food and drink products or dairy products as are adulterated, impure or unwholesome in contravention of the laws of this State; and it shall be the duty of the commissioner to make a complaint against the manufacturer or vendor thereof in the proper county and furnish all evidence thereof, to obtain a conviction of the offense charged. The Dairy and Food Commissioner, or his deputy, or any

person appointed by him for that purpose may make complaint and cause proceedings to be commenced against any person for the enforcement of any of the laws relative to adulterated, impure or unwholesome food or drink, and in such case he shall not be obliged to furnish security for costs and shall have power, in the performance of his duties, to enter into any creamery, factory, store, salesroom, drug store, or laboratory, or place where he has reason to believe food or drink is made, stored, sold or offered for sale and open any cask, tub, jar, bottle or package containing, or supposed to contain, any article of food or drink and examine or cause to be examined the contents thereof, 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. Whenever it is determined by the Dairy and Food Commissioner, his deputy or inspectors, that filthy, or unsanitary conditions exist or are permitted to exist in the operation of any bakery, confectionery, or ice cream plant, or in any place where any food or drink products are manufactured, stored, deposited or sold for any purpose whatever, the proprietor or proprietors, owner or owners, of such bakery, confectionery or ice cream plant, or any person or persons, owning or operating any plant where any food or drink products are manufactured, stored, deposited or sold, shall be first notified and warned by the commissioner, his deputy or inspectors to place such bakery, confectionery or ice cream plant, or any place where any food or drink products are manufactured, stored, deposited or sold in a sanitary condition within a reasonable length of time; and any person or persons owning and operating any bakery, confectionery or ice cream plant or any place where any food or drink products are manufactured,