less ingredient is necessarily added in production or transportation, or to proprietary medicines, or to compound articles of food, provided that the buyer is given notice by a label that they are compounded. It is further unlawful to subtract any substance from an article of food so as to affect it injuriously. Sellers of such articles may plead in defense a written warranty on the part of the manufacturer that the article is genuine, and their own ignorance that it was otherwise.

Penalty for violation of law, $50 for the first offense; for subsequent offenses, not over $100 or imprisonment not over 6 months, or both. (Compiled Laws, 1897, secs. 1245-1255.)

The governor may from time to time declare certain articles or preparations exempt from the provisions of the law.

Unwholesome food.-It is unlawful to sell spoiled or unwholesome provisions without notice to the purchaser, under penalty of fine not over $500 or imprisonment not over 6 months. (Compiled Laws, sec. 1244.)

NEW YORK.

FOODS GENERALLY.

Adulteration of food and drugs.-The adulteration of any article of food or of any drug, or the sale of such adulterated articles, is prohibited. A drug is deemed adulterated if it differs in strength or purity from the standard fixed by the United States Pharmacopoeia or by such other pharmacopoeia or standard work as recognizes the article, or if its strength or purity falls below the professed standard under which it is sold. Food is deemed adulterated if any substance has been mixed with it so as to injure its quality or strength; if any inferior substance has been substituted in it; if any valuable constituent has been taken from it; if it is an imitation; if it contains diseased or decomposed animal or vegetable matter; if it is colored or otherwise made to appear better than it really is; or if it contains any added poisonous ingredient or ingredient injurious to health. Mixtures or compounds recognized as ordinary articles of food or drink may be sold if not injurious to health, and if distinctly labeled as such.

The State board of health from time to time fix the limits for variability of articles of food or of drugs whose standard is not prescribed in the national Pharmacopoeia. With the approval of the governor, the State board may declare certain articles exempt from the provisions of the law.

Enforcement.-The State board of health is directed to take necessary steps to enforce the pure-food laws generally. It may appoint analysts and inspectors, who have the right of access to any premises and the right to take samples. Local boards of health may give inspectors similar powers. Upon discovering any violations of the law the State board shall notify the district attorney of the proper county, who must commence proceedings. (General Laws, ch. 25.)

Unwholesome food.-It is unlawful to sell any food or drug which is tainted or spoiled, or otherwise unfit for use. (Penal Code, sec. 408.)

Adulterated liquors.-The New York law brings under the definition of adulterated food spirituous or malt liquor which contains any substance not normal or healthful, or ale or beer which contains a substitute for hops or for pure extract of hops. (General Laws, ch. 25, sec. 41.)

The State board of health shall, at least once yearly, take samples in the public market of spirituous and malt liquors manufactured in each brewery and distillery in the State. These samples shall be analyzed, and, if found adulterated, the manufacturers shall be prosecuted.

Domestic wines.-Wines containing alcohol not produced by natural fermentation, and all compounds of other liquors with pure wines, and all wines or imitations which contain certain enumerated drugs or other antiseptics or coloring matter, or artificial flavoring, or any injurious substance, are deemed adulterated, and their sale is prohibited. Wine which contains at least 75 per cent of pure grape juice is defined as pure;" not more than 8 per cent of pure sugar may be added. Wine containing 50 to 75 per cent of pure grape juice shall be conspicuously stamped "half wine" in prescribed type; while wine containing less than 50 per cent of pure grape juice shall be labeled "made wine." Penalty, 50 cents for each gallon sold or manufactured. (Ibid., secs. 43, 46–50.)

Vinegar.-All vinegar which contains lead, sulphuric acid, or other injurious ingredients, or artificial coloring matter, or which has an acidity of less than 44 per cent of acetic acid, or in the case of cider vinegar which contains less than 2 per cent of cider vinegar solids, is deemed adulterated, and its manufacture or sale is prohibited. The manufacture or sale of an imitation as cider vinegar is

also prohibited. Each manufacturer of cider vinegar must brand each cask or package with his name and place of business and the words "cider vinegar." (General Laws, ch. 33, art. 3.)

Maple sugar and sirup.-The law prohibits the manufacture or sale of maple sugar or sirup which is not the product of pure sap. It is also unlawful to manufacture or sell as cane sugar or cane sirup any article containing maple sugar or sirup. (Laws of 1898, ch. 194.)

Adulterated candy.-The New York law includes in the list of generally prohibited adulterations, the adulteration of candy with terra alba, barytes, or other mineral substances, or with poisonous colors or flavors or other injurious ingredients. (General Laws, ch. 25, sec. 41.)

Fruit juices.-A recent law prohibits the sale of any unwholesome or poisonous acid or other substance as a substitute for pure juice of natural fruits, or the knowing use of any such article in the preparation of food or drink. Penalty, not over $250, or imprisonment not over 6 months, or both. (Laws of 1899, ch. 343.) Coloring matter in food products. It is unlawful to manufacture or sell any poisonous matter intended for the coloring of food products, or to use such poisonous coloring matter. (Laws of 1899, ch. 518.)

Impure ice.-Ice which is cut from any canal must be sold only from buildings or wagons having a distinct sign to that effect. (General Laws, ch. 25, sec 41a.)

DAIRY PRODUCTS.

Milk. The law prohibits the sale of milk containing less than 12 per cent of milk solids or less than 3 per cent of fat, or milk drawn from cows fed on distillery waste or substances in a state of fermentation or otherwise unhealthy, or from cows kept in a crowded or unhealthy condition, or of milk or cream to which water or other foreign substance has been added. The prohibition regarding the sale of skimmed milk is absolute in Greater New York, but it may be sold as such elsewhere. No persons shall keep cows for the production of milk for sale in such a way as to cause the milk to be unhealthy.

It is unlawful to furnish to a butter or cheese factory milk from which the strippings have been withheld, or sour milk.

No butter or cheese factory which receives milk without buying it shall use such milk or any of its products for its own benefit without the consent of the owners. Correct accounts of milk received and of butter and cheese produced must be kept. If milk is sold outside the county where produced, each can or vessel must be distinctly branded with the name of the county where produced and each vehicle from which milk is sold must be similarly marked. Glass bottles in which milk is sold must have the name of the seller blown or engraved in them.

No person receiving milk for sale or manufacture shall keep it in utensils or in rooms or buildings which are unclean or unsanitary. (Laws of 1900, ch. 101.) Penalty, same as for imitation butter and cheese. (General Laws, ch. 33, art 2; Laws of 1898, ch. 153.)

There are also special laws regarding creamery utensils, tests in creameries, and the bringing of unwholesome milk to creameries. (Laws of 1900, chs. 76, 101, 544, 559.)

Condensed milk must be made only from milk corresponding to the above requirements. Packages containing condensed milk must be labeled with the name of the manufacturer. (General Laws, ch. 33, art. 2.)

Imitation butter.-It is unlawful to manufacture or sell any article in imitation of butter, not made from unadulterated milk or cream, which shall be artificially colored in imitation of butter. The law does not prohibit the manufacture or sale of uncolored oleomargarine or similar substitutes, provided that every package shall have painted on the outside a white strip completely around it, on which shall be branded with a burning iron "oleomargarine," "imitation butter," etc., in letters at least one-half inch high. The name and address of the manufacturer shall also be placed upon each package. Each retail purchaser of imitation butter or cheese shall be given a card or notice stating its character in the prescribed form. Penalty, $100 for the first offense and $200 for subsequent offenses.

Imitation butter and cheese.-Another section of the law prohibits the manufacture of any article composed of animal or vegetable fats in imitation of pure butter, or the mixture of any such fats, or of acids or other injurious substances, with milk or butter so as to produce an imitation article. No person shall coat, powder, or otherwise color any such imitation compound with any substance so as to impart a yellow color resembling butter or cheese. It is similarly unlawful to manufacture any imitation of cheese, or any article to which animal fats or oils or melted butter or any substance not produced from milk or cream has been added.

The sale of articles made in violation of the law or their use by proprietors of bakeries, hotels, boarding houses, etc., is prohibited.

No imitation butter or cheese shall be purchased with money appropriated by the State or shall be used in any State institution or in any institution aided by State money.

Penalty for violation, not over $100. Each day during which manufacture of prohibited articles is carried on, or each separate sale of such articles, or each day of prohibited use of such articles, is deemed a separate offense. (General Laws. ch. 33, art. 2.)

Branding of cheese. Every manufacturer of cheese made from pure or ful milk may brand it "full-milk cheese," and no other shall be so branded. Th commissioner of agriculture shall furnish to each cheese manufacturer a uniform stencil, with the words "New York State full-cream cheese," and shall register the name and location of each such factory. Any county dairymens' association may adopt a county trade mark, to be used only upon unadulterated butter or fullmilk cheese. The law does not prohibit the manufacture and sale of "skimmed cheese as such. (Ibid, secs. 31-35.)

NORTH CAROLINA.

FOODS GENERALLY.

Adulteration of foods.-The adulteration of any article of food, or the sale of such adulterated articles, is prohibited. Food is deemed adulterated if any substance has been mixed with it so as to injure its quality or strength; if any inferior substance has been substituted in it; if any valuable constituent has been taken from it; if it is an imitation; if it contains diseased or decomposed animal or vegetable matter, or is the product of an animal dying otherwise than by slaughter; if it is colored, or otherwise made to appear better than it really is; if falsely labeled as a foreign or as any trade-mark product; or if it contains any added poisonous ingredient or ingredient injurious to health. Mixtures or compounds recognized as ordinary articles of food or drink may be sold if not injurious to health, if containing all necessary and no unnecessary ingredients, and if distinctly labeled as such.

No article is deemed adulterated or misbranded if (not containing injurious ingredients) it is a mixture or compound sold under its own distinctive name, or a mixture plainly marked to indicate that it is such, or if any ingredient is necessarily added, without fraud, in connection with the production or preparation of the article, provided that it be so labeled. The introduction of any adulterated or misbranded article into the State is also prohibited, and articles transported into the State in the original packages may be seized by a process of libel.

A guarantee of purity from the wholesale jobber or manufacturer is a protection to the retail dealer.

Enforcement.-The State board of agriculture is directed to enforce the law. It may prescribe standards not otherwise fixed, and set the limits of variability of articles of food. Manufacturers and dealers must furnish duly authorized agents of the board with samples. Penalty, $10 to $100, or imprisonment not more than 100 days, or both. (Laws of 1899, ch. 86.)

Adulterated candy and chocolate.-The law brings under the general definition adulteration of candy or chocolate with terra alba, barytes, or other mineral substances, or with poisonous colors, flavors, or other injurious ingredients.

DAIRY PRODUCTS.

Imitation butter.-It is unlawful to manufacture or sell any article in imitation of butter unless each package shall be conspicuously labeled with the chemical ingredients and their proportions. The law is not to be construed as violating the interstate commerce law. Penalty, fine not less than $50, or imprisonment not over 30 days; for subsequent offenses, fine not less than $200, or imprisonment not less than six months, or both. (Laws of 1895, ch. 106.)

NORTH DAKOTA.

FOODS GENERALLY.

Adulteration of food.-The law prohibits the adulteration of any article of food or drink, or any drug, with fraudulent intent, or the knowing sale of such adulterated article. (Code of 1895, sec. 7309.)

Unwholesome food.-It is a misdemeanor to sell any article of food or medicine which is tainted, decayed, or otherwise unwholesome. (Ibid., sec. 7310.)

Candy. It is unlawful to manufacture or sell candy adulterated with terra alba, barytes, or other substances, or with colors or flavors or other ingredients injurious to health. Penalty, $50 to $100. (Laws of 1897, ch. 3.)

DAIRY PRODUCTS.

Licensing and inspection of dairies, creameries, and cheese factories.-Every person who sells milk from a dairy of 5 or more cows, in any city or town of 1,000 inhabitants or more, must be licensed by the assistant dairy and food commissioner and pay a license fee of $1 annually. He must have his name, place of business, and the number of his license legibly placed on each outer side of all vehicles, and he must report any changes of drivers or other employees. Penalty, $10 to $50.

Every person before selling milk in a store, booth, stand, or market place, must be licensed in the same manner.

The assistant dairy and food commissioner, appointed by the commissioner of agriculture, and his agents, have access to all places of business used in the manufacture and sale of dairy products or imitations thereof, and authority to open packages and take samples.

All owners or managers of creameries or cheese factories and venders of milk are required to render annual reports of the amount of business done, etc. Failure or false statement is punishable by a fine of from $10 to $50.

Every creamery and cheese factory must procure a stencil or brand clearly designating the quality of the product manufactured, and the number and location of the factory, which shall be used on the outside of each cheese, and also upon the packages containing either cheese or butter. Such stencils or brands shall be registered with the assistant commissioner. Penalty, $10 to $50. (Laws of 1899, ch. 72.)

Milk. It is unlawful to sell any unclean, adulterated, or unwholesome milk, or milk taken from a diseased animal or within 15 days before or 5 days after parturition, or to stable cows kept for producing milk or cream for sale in an unhealthful or crowded place, or to feed them on any substance which produces impure or unwholesome milk. Skimmed milk, including milk from which the strippings have been held back, must be sold as such. Milk containing less than 12 per cent of milk solids, or 3 per cent of butter fat, is regarded as skimmed milk. It is unlawful to sell as cream any article containing less than 15 per cent of butter fat. Penalty, $20 to $50. (Laws of 1899, ch. 72.)

Imitation butter.-It is unlawful to manufacture or sell imitation butter made wholly or partly out of any fat, oil, or oleaginous substance not produced from unadulterated milk or cream, unless in a separate and distinct form, free from coloration or ingredients which cause it to look like butter, and in such manner as will advise the consumer of its real character. Imitation butter exposed for sale must be distinctly and durably marked "oleomargarine," "butterine," or "imitation butter." Penalty, $25 to $100. (Ibid.)

Whoever furnishes oleomargarine or butterine in any hotel, restaurant, or boarding house, or at any lunch counter, must give notice that the substance so furnished is not butter. Penalty, $5 to $10. (Ibid.)

Renovated butter.-It is a misdemeanor to manufacture, sell, or expose for sale butter produced by melting and rechurning, or any similar process, and commonly known as boiled or process butter, unless the packages are distinctly marked "renovated butter" in letters of prescribed size. Penalty, $25 to $100. (Ibid.) Filled and skimmed milk cheese.-Cheese manufactured from skimmed or partly skimmed milk must be plainly branded "skimmed milk cheese" in letters at least 1 inch in height and one-half inch in width. Penalty, $20 to $50. (Ibid.) Filled cheese, or any oleaginous substance designed to take the place of cheese, must be stamped as such on the top and side of each package, in letters at least 1 inch long and one-half inch wide. Penalty, $25 to $100. (Ibid.)

OKLAHOMA.

Adulterated food.-Any person who adulterates or dilutes any article of food or drink or medicine with fraudulent intent, or who sells such adulterated articles, is guilty of a misdemeanor. (Statutes of Oklahoma, sec. 2264.)

Unwholesome food.-It is a misdemeanor to sell any article of food, drink, or medicine which is tainted or otherwise unwholesome. (Ibid., sec. 2265.)

OHIO.

FOODS GENERALLY.

Dairy and food commissioner.-Every 2 years a dairy and food commissioner is elected by the people. His salary is $2,000. He may appoint 2 assistants at a salary not over $1,000 each, and necessary experts and inspectors. It is the duty of these officers to enforce the pure-food laws generally, and they have power to enter any establishment where food or drink is made or sold, to examine the books, open containers, and take samples. (83 Ohio Laws, p. 120, 1886, as amended; see Giauque's Rev. Stats., secs. 8847-8850.)

Adulteration of foods and drugs.-The adulteration of any article of food or of any drug, or the sale of such adulterated articles, is prohibited. A drug is deemed adulterated if it differs in strength or purity from the standard fixed by the United States Pharmacopoeia or by such other pharmacopoeia or standard work as recognizes the article, or if its strength or purity falls below the professed standard under which it is sold. Food is deemed adulterated if any substance has been mixed with it so as to injure its quality or strength; if any inferior substance has been substituted in it; if any valuable constituent has been taken from it; if it is an imitation; if it contains diseased or decomposed animal or vegetable matter; if it is colored or otherwise made to appear better than it really is; or if it contains any added poisonous ingredient or ingredient injurious to health.

The law does not apply to harmless mixtures or compounds recognized as ordinary articles of food if each package is distinctly labeled as such, with the name and percentage of each ingredient.

Every person manufacturing or selling food or drugs must furnish to anyone interested a sample for analysis.

Penalty for violation, $25 to $100, or imprisonment 30 to 100 days, or both, with costs of inspection and analysis. (81 Ohio Laws, p. 67, 1884.)

Unwholesome food.-The law prohibits the sale of diseased or unwholesome provisions, unless their condition is made known to the buyer. Penalty, not over $50 or imprisonment not over 20 days, or both. It is also forbidden to feed any animal of a kind used for human food with flesh which is in an unwholesome condition. (92 Ohio Laws, p. 97, 1896.)

Veal.-No person shall slaughter a calf for food unless it is in healthy condition and at least 4 weeks of age, nor shall any person sell the flesh of a calf not conforming to these conditions. It is unlawful to ship to or from any part of the State the carcass of a calf unless the name of the person who raised it, the name of the shipper, and the age of the calf be stated on an attached tag. (Laws of 1898, ch. 491.)

Vinegar.-No vinegar shall be sold as cider vinegar which is not the legitimate product of pure apple juice, or which contains less than 2 per cent of cider vinegar solids. All vinegar shall be made exclusively from the fruit or grain from which it purports to be made, and shall contain not less than 4 per cent of acetic acid. Cider vinegar shall be branded as such. Vinegar made by fermentation without distillation shall be branded “fermented vinegar" with the name of the substance from which it is made. Vinegar made wholly or in part from distilled liquor shall be branded “distilled vinegar" and shall be free from coloring matter. Fermented vinegar must contain not less than 2 per cent of fruit or grain solids. No person shall manufacture or sell vinegar containing lead, sulphuric acid, or other injurious ingredients. All packages containing vinegar shall be branded with the name and residence of the manufacturer, except in the case of the farmers manufacturing not over 25 barrels yearly.

Penalty, $50 to $100 or imprisonment 30 to 100 days, or both. (92 O. L., p. 100, 1896.)

Domestic wine.-All liquors denominated as wine and containing alcohol not produced by natural fermentation or by authorized methods of compounding, or containing glucose, starch sugar, cider, or pomace of grapes, or wine into which carbonic-acid gas, alum, or other enumerated substances or any antiseptic, coloring matter, essence or injurious substance has been introduced, is deemed adulterated. "Pure wine means the fermented juice of undried grapes without addition of water or any foreign substance. The fermented juice of undried grapes to which has been added pure sugar, or other things necessary for clarifying and refining it, not injurious to health, and which contains not less than 75 per cent of pure grape juice and is free from artificial flavoring, shall be known and branded as "wine." Wines otherwise pure, but containing less than 75 per cent of pure grape juice, and wines containing alcohol not produced by the natural fermentation of grapes, shall be branded compounded.'