LAWS RELATIVE TO SPECIAL ARTICLES OF FOOD.
OF THE INSPECTION AND SALE OF MILK AND MILK PRODUCTS.
1. The mayor and aldermen of cities shall, and the selectmen of towns may, annually appoint one or more persons to be inspectors of milk for their respective places, who shall be sworn before entering upon the duties of their office. Each inspector shall publish a notice of his appointment for two weeks in a newspaper published in his city or town, or if no newspaper is published therein, he shall post up such notice in two or more public places in such city or town.
2. Such inspectors shall keep an office, and shall record in books kept for the purpose the names and place of business of all persons engaged in the sale of milk within their city or town. Said inspectors may enter all places where milk is stored or kept for sale, and all persons engaged in the sale of milk shall, on the request in writing of an inspector, deliver to the person having the request a sample or specimen sufficient for the purpose of analysis of the milk then in his possession from such can or receptacle as shall be designated by the inspector or the person bearing the request. Said inspector shall cause the sample or specimen of milk so delivered to be analysed or otherwise satisfactorily tested, the results of which analysis or test they shall record and preserve as evidence. The inspectors shall receive such compensation as the mayor and alderman or selectmen may determine.
3. In all cities, and in all towns in which there is an inspector of milk, every person who conveys milk in carriages or otherwise for the purpose of selling the same in such city or town shall annually, on the first day of May, or within thirty days thereafter, be licensed by the inspector or inspectors of milk of such city or town to sell milk within the limits thereof, and shall pay to such inspector or inspectors fifty cents each to the use of the city or town. The inspector or inspectors shall pay over monthly to the treasurer of such city or town all sums collected by him or them. Licenses shall be issued only in the names of the owners of carriages or other vehicles, and shall for the purposes of this chapter be conclusive evidence of ownership. No license shall be sold, assigned, or transferred. Each license shall record the name, residence, place of business, number of carriages or other vehicles used, name and residence of every driver or other person engaged in carrying or selling said milk, and the number of the license. Each licensee shall before engaging in the sale of milk, cause his name, the number of his license, and his place of business, to be legibly placed on each outer side of all carriages or vehicles used by him in the conveyance and sale of milk, and he shall report to the inspector or inspectors any change of driver or other person employed by him which may occur during the term of his license. Whoever, without being first licensed under the provisions of this section, sells milk or exposes it for sale from carriages or other vehicles, or has it in his custody or possession with intent so to sell, and whoever violates any of the provisions of this section, shall for a first offence be punished by fine of not less than thirty nor more than one hundred dollars; for a second offence by fine of not less than fifty nor more than three hundred dollars; and for a subsequent offence by fine of fifty dollars and by imprisonment in the house of correction for not less than thirty nor more than sixty days.
4. Every person before selling milk or offering it for sale in a store, booth, stand, or market-place in a city or in a town in which an inspector or inspectors of milk are appointed, shall register in the books of such inspector or inspectors, and shall pay to him or them fifty cents to the use of such city or town; and whoever neglects so to register shall be punished for each offence by fine not exceeding twenty dollars.
5. Whoever by himself or by his servant or agent, or as the servant or agent of any other person, sells, exchanges, or delivers, or has in his custody or possession with intent to sell or exchange, or exposes or offers for sale or exchange, adulterated milk, or milk to which water or any foreign substance has been added, or milk produced from cows fed on the refuse of distilleries or from sick or diseased cows, shall for a first offence be punished by fine of not less than fifty nor more than two hundred dollars; for a second offence by fine of not less than one hundred nor more than three hundred dollars, or by imprisonment in the house of correction for not less than thirty nor more than sixty days; and for a subsequent offence by fine of fifty dollars and by imprisonment in the house of correction for not less than sixty nor more than ninety days.
6. Whoever by himself or by his servant or as the servant or agent of any other person, sells, exchanges, or delivers, or has in his custody or possession with intent to sell or exchange, or exposes or offers for sale as pure milk, any milk from which the cream or a part thereof has been removed, shall be punished by the penalties provided in the preceding section.
7. No dealer in milk, and no servant or agent of such a dealer, shall sell, exchange, or deliver, or have in his custody or possession, with intent to sell, exchange, or deliver, milk from which the cream or any part thereof has been removed, unless in a conspicuous place above the centre upon the outside of every vessel, can, or package from or in which such milk is sold, the words “skimmed milk” are distinctly marked in letters not less than one inch in length. Whoever violates the provisions of this section shall be punished by the penalties provided by section 5.
8. Any inspector of milk, and any servant or agent of an inspector who wilfully connives at or assists in a violation of the provisions of this chapter, and whoever hinders, obstructs, or in any way interferes with any inspector of milk, or any servant or agent of an inspector in the performance of his duty, shall be punished by fine of not less than one hundred nor more than three hundred dollars, or by imprisonment for not less than thirty nor more than sixty days.
9. In all prosecutions under this chapter, if the milk is shown upon analysis to contain more than eighty-seven per cent. of watery fluid, or to contain less than thirteen per cent. of milk solids, it shall be deemed for the purposes of this chapter to be adulterated.
10. It shall be the duty of every inspector to institute a complaint for a violation of any of the provisions of this chapter on the information of any person who lays before him satisfactory evidence by which to sustain such complaint.
11. Each inspector shall cause the name and place of business of every person convicted of selling adulterated milk, or of having the same in his possession with intent to sell, to be published in two newspapers in the county in which the offence was committed.
12. When milk is sold by the can, such can shall hold eight quarts, and no more.
13. Whoever, by himself or his agents, sells, exposes for sale, or has in his possession with intent to sell, any article, substance or compound, made in imitation or semblance of butter, or as a substitute for butter, and not made exclusively and wholly of milk or cream, or containing any fats, oils or grease not produced from milk or cream, shall have the words “imitation butter,” or “oleomargarine,” stamped, labelled or marked, in printed letters of plain Roman type, not less than one inch in length, so that said word cannot be easily defaced, upon the top and side of every tub, firkin, box or package containing any of said article, substance, or compound. And in cases of retail sales of any of said article, substance or compound, not in the original packages, the seller shall, by himself or his agents, attach to each package so sold, and shall deliver therewith to the purchaser, a label or wrapper bearing in a conspicuous place upon the outside of the package the words “imitation butter” or “oleomargarine” in printed letters of plain Roman type, not less than one half inch in length.
14. Whoever, by himself or his agents, sells, exposes for sale, or has in his possession with intent to sell, any article, substance, or compound, made in imitation or semblance of cheese, or as a substitute for cheese, and not made exclusively and wholly of milk or cream, or containing any fats, oils or grease not produced from milk or cream, shall have the words “imitation cheese” stamped, labelled, or marked in printed letters of plain Roman type not less than one inch in length, so that said words cannot be easily defaced, upon the side of every cheese cloth or band around the same, and upon the top and side of every tub, firkin, box, or package containing any of said article, substance or compound. And in case of retail sales of any of said article, substance or compound not in the original packages, the seller shall, by himself or his agents, attach to each package so sold at retail, and shall deliver therewith to the purchaser a label or wrapper bearing in a conspicuous place upon the outside of the package the words “imitation cheese,” in printed letters of plain Roman type not less than one half inch in length.
15. Whoever sells, exposes for sale, or has in his possession with intent to sell, any article, substance, or compound made in imitation or semblance of butter, or as a substitute for butter, except as provided in section one; whoever sells, exposes for sale, or has in his possession with intent to sell, any article, substance, or compound made in imitation or semblance of cheese, or as a substitute for cheese, except as provided in section two, and whoever shall deface, erase, cancel, or remove any mark, stamp, brand, label, or wrapper provided for by this Act, or change the contents of any box, tub, article, and package marked, stamped, or labelled as aforesaid, with intent to deceive as to the contents of said box, tub, article, or package, shall for every such offence forfeit and pay a fine of one hundred dollars, and for a second and each subsequent offence a fine of two hundred dollars, to be recovered with costs in any court of this commonwealth of competent jurisdiction; and any fine paid shall go to the city or town where the offence was committed.
16. Inspectors of milk shall institute complaints for violations of the provisions of the three preceding sections when they have reasonable cause to believe that such provisions have been violated, and on the information of any person who lays before them satisfactory evidence by which to sustain such complaint. Said inspectors may enter all places where butter or cheese is stored or kept for sale, and said inspectors shall also take specimens of suspected butter and cheese and cause them to be analysed or otherwise satisfactorily tested, the result of which analysis or test they shall record and preserve as evidence; and a certificate of such result, sworn to by the analyser, shall be admitted in evidence in all prosecutions under this and the three preceding sections. The expense of such analysis or test, not exceeding twenty dollars in any one case, may be included in the costs of such prosecutions. Whoever hinders, obstructs, or in any way interferes with any inspector, or any agent of an inspector, in the performance of his duty, shall be punished by a fine of fifty dollars for the first offence, and of one hundred dollars for each subsequent offence.
17. For the purposes of the four preceding sections the terms “butter” and “cheese” shall mean the products which are usually known by these names, and are manufactured exclusively from milk or cream, with salt and rennet, and with or without colouring matter.
18. Before commencing the analysis of any sample the person making the same shall reserve a portion which shall be sealed; and in case of a complaint against any person the reserved portion of the sample alleged to be adulterated shall upon application be delivered to the defendant or his attorney.
OF THE SALE OF CHOCOLATE.
28. No manufacturer of chocolate shall make any cake of chocolate except in pans in which are stamped the first letter of his Christian name, the whole of his surname, the name of the town where he resides, and the quality of the chocolate in figures, No. 1, No. 2, No. 3, as the case may be, and the letters Mass.
29. Number one shall be made of cocoa of the first quality, and number two of cocoa of the second quality, and both shall be free from adulteration; number three may be made of the inferior kinds and qualities of cocoa. Each box containing chocolate shall be branded on the end thereof with the word chocolate, the name of the manufacturer, the name of the town where it was manufactured, and the quality, as described and directed in the preceding section for the pans.
30. If chocolate manufactured in this commonwealth is offered for sale or found within the same, not being of one of the qualities described in the two preceding sections and marked as therein directed, the same may be seized and libelled.
OF THE ADULTERATION OF VINEGAR.
31. Every person who manufactures for sale or offers or exposes for sale as cider vinegar, any vinegar not the legitimate product of pure apple juice, known as apple cider or vinegar, not made exclusively of said apple cider or vinegar, into which any foreign substances, ingredients, drugs or acids have been introduced, as may appear by proper tests, shall for each such offence be punished by fine of not less than fifty nor more than one hundred dollars.
32. Every person who manufactures for sale, or offers or exposes for sale, any vinegar found upon proper tests to contain any preparation of lead, copper, sulphuric acid, or other ingredients injurious to health, shall for each such offence be punished by fine of not less than one hundred dollars.
33. The mayor and aldermen of cities shall, and the selectmen of towns may, annually appoint one or more persons to be inspectors of vinegar for their respective places, who shall be sworn before entering upon their duties.
34. Any city or town in which an inspector shall be appointed under the preceding section, may provide compensation for such inspector from the time of such appointment, and in default of such provision shall be liable in an action at law for reasonable compensation for services performed under such appointment.
(Chap. 307, Acts of 1884.)
An Act to prevent the adulteration of vinegar.
Be it enacted &c., as follows:—
Section 1. No person shall by himself, his servant or agent or as the servant or agent of any other person, sell, exchange, deliver or have in his custody or possession with intent to sell or exchange, or expose or offer for sale or exchange any adulterated vinegar, or label, brand or sell as cider vinegar, or as apple vinegar, any vinegar not the legitimate product of pure apple juice, or not made exclusively from apple cider.
2. All vinegar shall have an acidity equivalent to the presence of not less than five per cent. by weight of absolute acetic acid, and in the case of cider vinegar shall contain in addition not less than one and one-half per cent. by weight of cider vinegar solids upon full evaporation over boiling water, and if any vinegar contains less than the above amount of acidity, or if any cider vinegar contains less than the above amount of cider vinegar solids, such vinegar shall be deemed to be adulterated within the meaning of this Act.
3. It shall be the duty of the inspectors of milk who may be appointed by any city or town to enforce the provisions of this Act.
4. Whoever violates any of the provisions of this Act shall be punished by fine not exceeding one hundred dollars.
5. All Acts or parts of Acts inconsistent with this Act are hereby repealed.
Approved June 2, 1884.
The method of testing vinegar, used by Dr. B. F. Davenport, late Vinegar Inspector of Boston, is as follows:—
The following detailed practical method of determining whether a sample of “cider vinegar or apple vinegar” conforms to the requirements of the Statute of April 1885, relating thereto, which requires that it should be not only the legitimate and exclusive product of pure apple juice or cider, but also that it should not fall below the quality of possessing an acidity equivalent to the presence of not less than 4½ per cent. by weight of absolute—that is, monohydrated—acetic acid, and should yield upon full evaporation at the temperature of boiling water not less than 2 per cent. by weight of cider vinegar solids, may prove of interest to those dealing in the article. As the limits set by the Statute are in per cents. by weight, the portion of vinegar taken for the tests should, for perfect accuracy, be also taken by weight—that is, the quantities of 6 and of 10 grammes are to be taken for the tests of strength and of residue; but as taking it by measure, if of about the ordinary atmospheric temperature of 60 to 70 degrees F. will make the apparent percentage at most only 1 to 2 per cent. of itself greater than the true—that is, will make a true 5 per cent. vinegar appear to be, say, from 5·05 to 5·10 per cent.—measuring proves in practice to be accurate enough for all common commercial purposes, and therefore the quantities of 6 and of 10 cubic centimetres by measure may be taken in place of as many grammes.
All the measuring apparatus necessary for making the legal tests is one of the measuring tubes called burettes. It is most convenient to have this of a size to contain 25 to 50 c.c.—that is, cubic centimetres—and have these divided into tenths. The best form of burette is the Mohr’s, which is closed by a glass stop-cock. Besides this, only a dropping-tube, called a pipette, graduated to deliver 6 and 10 c.c., will be needed. These tubes are to be obtained of any philosophical or chemical apparatus dealer, being articles generally kept in stock by them for common use, like yard-sticks.
The only two chemicals needed in determining the strength of a vinegar are such as can be obtained of any competent apothecary in any city of the State. They are simply a small vial of a 1 per cent. solution of Phenol-phthalein in diluted alcohol, and a sufficient quantity of a solution of caustic soda, prepared as directed for “Volumetric Solution of Soda” upon page 399 of the last ‘U. S. Pharmacopœia,’ a book which is in the hands of every competent apothecary, as it contains the formulæ according to which he is required by the law of the State to prepare all such medicinal preparations as are mentioned therein.
Having these, the procedure for making the test will be as follows:—Fill the pipette by suction, and then quickly close the top of it with the forefinger. Raise the tube out of the sample of vinegar, and let it empty out by drops exactly down to the top graduation-mark, this bearing the mark of 0· c.c. Then holding it over a white mug or cup, let it run out exactly down to the 6 c.c. mark. Dilute the 6 c.c. of vinegar thus measured out into the mug with sufficient clean water to make it look about white, and then add to it about three drops of the Phenol-phthalein solution. Then having prepared the burette by filling it up to the top, zero, or any other noted mark of the graduation, with the volumetric solution of soda, let the soda solution run out cautiously into the diluted vinegar, which should be constantly stirred about. As soon as the vinegar in the mug begins to darken, the soda should then only be allowed to run into it by drops. This dropping is thus continued until at last a final drop of soda turns the vinegar suddenly to a permanent pink or cherry colour, which will not disappear upon further stirring. By now reading off from the graduations of the burette the number of full c.c. divisions and of tenths which have been emptied out to bring about this change of colour in the vinegar is known the per cents. and tenths of acidity equivalent to true acetic acid contained in the vinegar being examined. This, if it is a pure cider vinegar, and well made, will be upon the average about 6 per cent., but never under 5 per cent. If, in like manner, 10 c.c. of the vinegar is exactly measured off by the pipette into a small light porcelain dish, and then evaporated fully to dryness over boiling water, the number of grammes weight gained by the dish, when multiplied by ten, gives the percentage of solid residue contained in the vinegar.
There are certain characteristics peculiar to the residue of a pure cider vinegar, the principal of which are the following:—It will be about 3 per cent. in weight, and never less than 2 per cent. It is always soft, viscid, of apple flavour, somewhat acid and astringent in taste. A drop of it taken up in a clean loop of platinum or of iron wire, and ignited in a colourless Bunsen gas-lamp flame, imparts to it the pale lilac colour of a pure potash salt, without any yellow, due to sodium, being visible. The ignited residue left in the loop of wire will be a fusible bead of quite a good size, and it will have a strong alkaline reaction upon moistened test-paper, effervescing briskly when immersed in an acid. The presence in a vinegar of the slightest trace of any free mineral acid will prevent the ignited residue having any alkaline reaction, or effervescing with acids. The presence of any practical amount of commercial acetic acid added to “tone up” the strength of the vinegar will cause the igniting residue to impart another colour to the Bunsen flame, and the residue itself will have a smoky pyroligneous taste or odour. Any corn glucose used in the vinegar will cause its residue when ignited to emit the characteristic odour of burning corn, and, as the last spark glows through the carbonised mass, to usually emit the familiar garlic odour of arsenic, for the common oil of vitriol usually used in the production of glucose is now mostly derived from pyrites, which almost always contain arsenic. A glucose vinegar which has been made without vaporising the alcohol after the fermentation of the glucose will also have a strong reducing action upon a copper salt in an alkaline solution, and also will give a heavy precipitation of lime with ammonium oxalate. A true malt vinegar always contains phosphates, and a wine vinegar cream of tartar. The presence of any acrid vegetable substance in a vinegar is known by the residue having a pungent taste, especially if before the evaporation the vinegar has been exactly neutralised with soda.
In a pure apple cider vinegar hydrogen sulphide gas will not cause any discoloration, nor will the addition of a solution of either barium nitrate, silver nitrate, or ammonium oxalate cause anything more than the very slightest perceptible turbidity. But the addition of some solution of lead acetate—that is, of sugar of lead—will cause an immediate voluminous and flocculent precipitation, which will all settle out in about ten minutes, leaving a clear fluid above. In most of the so-called “apple vinegars,” made with second pressings of the fermenting pumice, the addition of some of this lead solution will cause but a slight turbidity, without any precipitate settling out for several hours, and even then the precipitate will not be of the same appearance as in apple cider vinegar.
Sophistications of cider vinegar that will not be detected by some one or more of the above given tests are not likely to be met with, for the simple reason that they are not profitable. To translate percentages of acid strength into the old commercial terms of grains of soda bicarbonate per troy ounce, the per cent. may be multiplied by 6·72, or, vice versâ, divide the grains by the same factor. To reduce it into grains of potash bicarbonate 8 would be the factor to be used in like manner.
The general Adulteration of Food Law of the State of New Jersey is the same as that of New York. The following is a copy of a special Act in relation to the sale of adulterated milk:—
An Act to prevent the adulteration of milk and to regulate the sale of milk.
1. Be it enacted by the Senate and General Assembly of the State of New Jersey, that every person who shall sell, or who shall offer or expose for sale, or who shall transport or carry, or who shall have in possession with intent to sell, or offer for sale, any milk from which the cream, or any part thereof has been removed, shall distinctly, durably and permanently solder a label, tag or mark of metal in a conspicuous place upon the outside and not more than six inches from the top of every can, vessel or package containing such milk, and said metal label, tag or mark shall have the words “skimmed milk” stamped, engraved or indented thereon in letters not less than one inch in height, and such milk shall only be sold or shipped in or retailed out of a can, vessel or package so marked, and every person who shall violate the provisions of this section shall be deemed guilty of a misdemeanour, and on conviction thereof shall be subject to the penalties prescribed in section eight of this Act.
2. And be it enacted, that every person who shall sell, or who shall offer for sale, or who shall transport or carry, for the purposes of sale, or who shall have in possession with intent to sell or offer for sale, any impure, adulterated or unwholesome milk, shall be deemed guilty of a misdemeanour, and on conviction thereof shall be subject to the penalties prescribed in section eight of this Act.
3. And be it enacted, that every person who shall adulterate milk or who shall keep cows for the production of milk, in a crowded or unhealthful condition, or feed the same on food that produces impure, diseased or unwholesome milk, shall be deemed guilty of a misdemeanour, and on conviction thereof, shall be subject to the penalties prescribed in section eight of this Act.
4. And be it enacted, that the addition of water or any substance or thing is hereby declared an adulteration; and milk that is obtained from animals that are fed on distillery waste, usually called “swill,” or upon any substance in a state of putrefaction or rottenness, or upon any substance of an unhealthful nature, is hereby declared to be impure and unwholesome, and any person offending as aforesaid shall be deemed guilty of a misdemeanour, and on conviction thereof shall be subject to the penalties prescribed in section eight of this Act.
5. And be it enacted, that every person who shall feed cows on distillery waste, usually called “swill,” or upon any substance in a state of putrefaction, or rottenness or upon any substance of an unwholesome nature, shall be deemed guilty of a misdemeanour, and on conviction thereof shall be subject to the penalties prescribed in section eight of this Act.
6. And be it enacted, that every person who shall sell, or who shall offer for sale any milk that has been exposed to, or contaminated by the emanations, discharge or exhalations from persons sick with scarlet fever, measles, diphtheria, small pox, typhoid fever, or any contagious disease by which the health or life of any person may be endangered or compromised, shall be guilty of a misdemeanour, and on conviction thereof shall be subject to the penalties prescribed in section eight of this Act.
7. And be it enacted, that in all prosecutions under this Act, if the milk shall be shown, upon analysis, to contain more than eighty-seven per centum of watery fluids, or to contain less than thirteen per centum of milk solids, it shall be deemed, for the purposes of this Act, to be adulterated.
8. And be it enacted, that every person who shall violate any of the provisions of this Act shall be deemed guilty of a misdemeanour, and, upon conviction thereof, shall be punished by a fine of not less than fifty dollars, nor more than two hundred dollars, or imprisonment in the county jail for not less than thirty days, nor more than ninety days, or both, at the discretion of the court, and if the fine is not immediately paid, shall be imprisoned for not less than thirty days, or until said fine shall be paid, and for a second offence by a fine of not less than one hundred dollars, nor more than three hundred dollars, or by imprisonment in the county jail for not less than sixty days, nor more than ninety days, or both, at the discretion of the court, and for any subsequent offence by a fine of fifty dollars and imprisonment in the county jail not less than sixty nor more than ninety days; and on trial for such misdemeanour or penalty, the sale, or offer for sale, or exposure for sale, of milk or articles contrary to the provisions of this Act, shall be presumptive evidence of knowledge by the accused of the character of the milk or article so sold, or offered, or exposed for sale, and that the can, vessel or package was not marked as required by this Act.
9. And be it enacted, that all penalties imposed under the provisions of this Act may be sued for in any court having competent jurisdiction, one-half the fine to go to the person making the complaint, and the other half to be paid to the county collector for the benefit of the county; any court of competent jurisdiction in this state shall have jurisdiction to try and dispose of all and any of the offences arising in the same county against the provisions of this Act, and every justice of the peace shall have jurisdiction within his county of actions to recover any penalty hereby given or created.
10. And be it enacted, that the State Board of Health is hereby empowered and directed to appoint, each year, a competent person, who shall act as State inspector of milk, at a salary of eight hundred dollars per annum, payable by the treasurer of this State, by warrant of the comptroller, in quarterly payments, for the purposes of this Act, and in addition thereto, said inspector shall be paid his actual travelling expenses while in the performance of his duties, and actual expenses of suits brought by him under this Act, payable by the treasurer of this State by warrant of the comptroller; said inspector shall act until removed by said board, or until his successor is appointed, and shall make such reports to said board, at such time as it may direct; said inspector, having reason to believe the provisions of this Act are being violated, shall have power to open any can, vessel, or package containing milk and not marked as directed by the first section of this Act, whether sealed, locked or otherwise, or whether in transit or otherwise; and if, upon inspection, he shall find such can, vessel or package to contain any milk which has been adulterated, or from which the cream, or any part thereof, has been removed, or which is sold, offered or exposed for sale, or held in possession with intent to sell or offer for sale, in violation of any section of this Act, said inspector is empowered to condemn the same and pour the contents of such can, vessel or package upon the ground, and bring suit against the person or party so violating the law, and the penalty, when so collected by such suit, shall be paid into the treasury of this State, and said inspector is directed to cause the name and place of business of all persons convicted of violating any section of this Act to be published once in two newspapers in the county in which the offence is committed; and said inspector is empowered to appoint one or more deputies, who shall have power to inspect milk, as provided by this Act, and who shall be empowered to act as complainant, as provided by section nine of this Act; provided, that no expense be incurred to the State by action or appointment in lieu thereof of said deputies.
11. And be it enacted, that said State inspector of milk shall also be a public analyst, and shall make analyses and investigations of food, drugs, and other substances, as he may be directed so to do by the State Board of Health.
12. And be it enacted, that an Act entitled “An Act to prevent the adulteration of milk, and to prevent traffic in impure and unwholesome milk,” approved April seventh, one thousand eight hundred and seventy-five, and an Act, entitled “An Act to regulate the sale of milk,” approved April fifth, one thousand eight hundred and seventy-eight, and an Act entitled “A supplement to an Act to regulate the sale of milk, approved April fifth, one thousand eight hundred and seventy-eight,” approved March twelfth, one thousand eight hundred and eighty, are hereby repealed.
13. And be it enacted, that this Act shall take place immediately.
Approved March 22, 1881.
The New Jersey State Board of Health has adopted the following rules for the government of its inspectors and analysts:—
Duties of Inspectors.
1. The inspector is to buy samples of food or drugs, and to seal each sample in the presence of a witness.
2. The inspector must affix to each sample a label bearing a number, his initials, and the date of purchase.
3. Under no circumstance is the inspector to inform the analyst as to the source of the sample before the analysis shall have been completed and formally reported to the President or Secretary of the State Board of Health.
4. Inspectors are to keep a record of each sample as follows:—
(1) Number of sample.
(2) Date and time of purchase.
(3) Name of witness to sealing.
(4) Name and address of seller.
(5) Name and address of producer, manufacturer or wholesaler, when known, with marks on original package.
(6) Name of analyst and date of sending.
(7) How sent to analyst.
5. If the seller desires a portion of the sample, the inspector is to deliver it under seal. The duplicate sample left with seller should have a label containing the same marks as are affixed to the portion taken by the inspector.
6. The inspector is to deliver the sample to the analyst, taking his receipt for the same, or he may send it by registered mail, express or special messenger.
Duties of the Analysts.
1. The analyst is to analyse the samples immediately upon receipt thereof.
2. Samples, with the exception of milk and similar perishable articles, are to be divided by the analyst and a portion sealed up, and a copy of the original label affixed. These duplicates are to be sent to the Secretary of the State Board of Health at the end of each month, and to be retained by him until demanded for another analysis, as provided for in section 3 of these Rules.
3. Should the result obtained by any analyst be disputed in any case, an appeal may be made to the State Board of Health, through its secretary, by the defendant or person selling the sample, or his attorney, and said secretary shall then require another member of the Committee of Public Analysts to repeat the analysis, using the duplicate sample for such purpose. But when an appeal shall be made, a sum of money sufficient to cover the expenses of the second analysis shall be deposited with the President of the State Board of Health, which sum shall be paid over to the analyst designated by the President and Secretary of the Board to perform the second analysis, in case the analysis shall be found to agree with the first in all essential particulars.
4. In the case of all articles having a standard of purity fixed by any of the laws of the State, the certificate of the analyst should show the relation of the article in question to that standard.
5. Where standards of strength, purity or quality are not fixed by law, the Committee of Analysts shall present to the State Board of Health such standard as in their judgment should be fixed.
6. Each analyst should keep a record book, in which should be entered notes, as follows:—
(1) From whom the sample is received.
(2) Date, time and manner in which the sample was received.
(3) Marks on package, sealed or not.
(4) Results of analysis in detail.
This record should be produced at each meeting of the committee.
7. At the completion of the analysis a certificate in the form given below should be forwarded to the person from whom the sample was received, and a duplicate copy sent to the State Board of Health.
Certificate.
To whom it may concern.
I, __________________, a member of the Committee of Public Analysts, appointed by the State Board of Health of New Jersey under the provisions of an Act entitled “An Act to prevent the adulteration of food and drugs,” approved March 25th, 1881, do hereby certify that I received from __________________, on the _____ day of _____________, 188__, a sample of _____________, sealed as require by the rules of said Board, and bearing the following marks, to wit: _________________________________________________________________________________________
I carefully mixed said samples and have analysed the same, and hereby certify and declare the results of my analysis to be as follows:_________________________________________________________________________________________
____________________[Signature.]
Exceptions.
The following exceptions are adopted:—
Mustard.—Compounds of mustard, with rice flour, starch, or flour, may be sold if each package is marked “Compound Mustard,” and if not more than 25 per cent. of such substance is added to the mustard.
Coffee.—Compounds of coffee with chicory, rye, wheat, or other cereals, may be sold if the package is marked “A Mixture,” and if the label states the per cent. of coffee contained in said mixture.
Oleomargarine and other imitation dairy products may be sold if each package is marked with the name of the substance, and in all respects fulfils the terms of the special law as to these.
Syrups.—When mixed with glucose, syrup may be sold if the package is marked “A Mixture.”
The following is a summary of the laws of various States and Territories relative to Oleomargarine:[148]—
States.
California.
“An Act to prevent the sale of oleomargarine, under the name and pretence that the said commodity is butter.”
This law is restrictive, requires the word “oleomargarine” to be branded on the package.
The penalty is from fifty dollars to two hundred dollars, or imprisonment from fifty to two hundred days, or both.
“An Act to prevent fraud and deception in the sale of butter and cheese.”
This law is restrictive, requiring the article to be manufactured and sold under its appropriate name.
Penalty is from ten dollars to five hundred dollars or imprisonment from ten to ninety days, or both.
Approved, March 2, 1881.
“An Act to prevent the sale or disposition as butter of the substance known as ‘oleomargarine,’ or ‘oleomargarine butter,’ and when ‘oleomargarine’ or ‘oleomargarine butter’ is sold or disposed of requiring notice thereof to be given.”
This law is restrictive, requiring branding, also requiring hotel-keepers, etc., to keep posted up in their places of business in three places, the words “oleomargarine sold here.”
Penalty from five dollars to five hundred dollars, or imprisonment for not more than three months, or both such fine and imprisonment.
Approved, March 1, 1883.
“An Act to protect and encourage the production and sale of pure and wholesome milk, and to prohibit and punish the production and sale of unwholesome or adulterated milk.”
This law makes it a misdemeanour to sell or expose for sale adulterated or unwholesome milk, or to keep cows for producing the same in an unhealthy condition, or feeding them on feed that will produce impure milk, etc.
Penalty is one hundred dollars for the first offence, and double that amount for each subsequent offence.
Approved, March 12, 1870.
Colorado.
“An Act to encourage the sale of milk, and to provide penalties for the adulteration thereof.”
This law makes it a misdemeanour to sell adulterated milk or milk from which the cream has been taken, or for withholding the strippings without the purchasers being aware of the fact.
Penalty is from twenty-five dollars to one hundred dollars, or imprisonment for six months, or by both such fine and imprisonment.
In force, May 20, 1881.
“An Act to regulate the manufacture and sale of oleomargarine, butterine, suine or other substances made in imitation of, or having the semblance of butter, and to provide penalties for the violation of the provisions hereof.”
This law requires that a license shall be necessary to manufacture, import, or sell oleomargarine or kindred products within the State. License to manufacture or import not less than one thousand; license to sell not less than five hundred.
Penalty from fifty dollars to five hundred dollars, or imprisonment not to exceed one year or both.
Approved, April 6, 1885.
Connecticut.
“An Act concerning the sale of oleomargarine and other articles.”
This law requires that the article shall be properly branded, and that the seller shall keep a sign posted up in his place of business that such commodity is sold there.
Penalty seven dollars, or imprisonment from ten to thirty days or both.
Approved, April 4, 1883.
Delaware.
“An Act to regulate the manufacture and sale of oleomargarine.”
This law is restrictive in its nature.
Penalty fifty dollars, commitment until the fine is paid.
Approved, February 10, 1879.
“An Act to amend chapter 154, volume 16, Laws of Delaware.”
This amendment has reference to the fact that the substance manufactured is “artificial butter.”
Passed, March 21, 1883.
Florida.
Chapter 80, sections 34-35, McClellans’ Digest, 1881.
Section 34 makes it a misdemeanour to sell spurious preparations as butter; section 35 has reference to hotels and boarding-houses.
Penalty, not to exceed one hundred, or imprisonment not to exceed thirty days, or both.
Illinois.
“An Act to prevent and punish the adulteration of articles of food, drink and medicine, and the sale thereof when adulterated.”
Section 3 of this law has reference to colouring matter in food, drink or medicine.
Section 4 of this law has reference to mixing oleomargarine with butter, cheese, etc., requiring the seller to inform the buyer of the fact and the proportion of the mixture.
Penalty, first offence, twenty-five dollars to two hundred dollars; second offence, one hundred dollars to two hundred dollars, or imprisonment from one to six months or both; third offence, from five hundred dollars to two thousand dollars and imprisonment not less than one year nor more than five years.
Approved, June 1, 1881.
“An Act to require operators of butter and cheese factories on the co-operative plan to give bonds, and to prescribe penalties for the violation thereof.”
This law requires the filing of a bond in the penal sum of six thousand dollars that certain reports will be made on the first of each month and a copy filed with the town clerk, etc.
Penalty, from two hundred dollars to five hundred dollars, or imprisonment from thirty days to six months, or both.
Approved, June 18, 1883.
Indiana.
Section 2071, Revised Statutes. “Selling unwholesome milk.”
This section provides against the sale of unwholesome milk, whether from adulteration or from the feed given the cows; also against the use of poisonous or deleterious material in the manufacture of butter and cheese.
Penalty, from fifty dollars to five hundred dollars.
“An Act to prevent the sale of impure butter, and the keeping on any table at any hotel or boarding-house of impure butter, providing penalties declaring an emergency.”
This law requires the branding with the word “oleomargarine.”
Penalty from ten dollars to fifty dollars.
Approved, March 3, 1883.
Iowa.
Section 4042, Code.
This section provides against the adulteration of milk in any way.
Penalty, twenty-five dollars to one hundred dollars, and makes the offender liable in double that amount to the party injured.
“An Act to protect the dairy interests and for the punishment of fraud connected therewith.”
This law requires that “oleo” and kindred products shall be branded with the word “oleomargarine.”
Penalty, from twenty dollars to one hundred dollars or imprisonment from ten to ninety days.
“An Act to prevent and punish the adulteration of articles of food, drink, and medicine, and the sale thereof when adulterated.”
This law provides that skimmed milk cheese shall be so branded, and when oleomargarine is mixed with any other substance for sale it shall be distinctly branded with the true and appropriate name.
Penalty, first offence, from ten dollars to fifty dollars; second, from twenty-five dollars to one hundred dollars, or confined in the county jail not more than thirty days; third, from five hundred dollars to one thousand dollars and imprisonment not less than one year nor more than five years.
Maryland.
“An Act to repeal the Act of 1883, chapter 493, entitled ‘An Act for the protection of dairymen, and to prevent deception in the sale of butter and cheese, and to re-enact new sections in lieu thereof.’”
This law requires that substances made in semblance of butter and cheese not the true product of the dairy shall be branded with the word “oleomargarine” so as to be conspicuous, and that the buyer shall be apprised of the nature of the article that he has bought.
Penalty, one hundred dollars, or imprisonment not less than thirty or more than ninety days for the second offence, and not less than three months nor more than one year for the third offence.
Approved, April 8, 1884.
Maine.
“An Act to amend chapter 128 of the Revised Statutes, relating to the sale of unwholesome food.”
This law is prohibitive as to oleomargarine and kindred products.
Penalty, for the first offence one hundred dollars, and for each subsequent offence two hundred dollars, to be recovered with costs.
Massachusetts.
This State has a law against selling adulterated milk.
Penalty, for first offence, fifty dollars to one hundred dollars; for the second offence, one hundred dollars to three hundred dollars, or by imprisonment for thirty to sixty days; and for each subsequent offence, fifty dollars and imprisonment from sixty to ninety days.
Michigan.
“An Act to prevent deception in the manufacture and sale of dairy products and to preserve the public health.”
This law prohibits the manufacture and sale of oleomargarine and kindred products.
Penalty, two hundred dollars to five hundred dollars or not less than six months’ nor more than one year’s imprisonment, or both, for the first offence, and by imprisonment for one year for each subsequent offence.
Approved, June 12, 1885.
Minnesota.
“An Act to prohibit and prevent the sale or manufacture of unhealthy or adulterated dairy products.”
This law prohibits the sale of impure or adulterated milk.
Penalty, twenty-five dollars to two hundred dollars, or imprisonment from one to six months, or both for the first offence, and six months’ imprisonment for each subsequent offence.
This law also prohibits the manufacture and sale of oleaginous substances or compounds of the same.
Penalty, from one hundred dollars to five hundred dollars, or from six months’ to one year’s imprisonment, or both, such fine and imprisonment for the first offence, and by imprisonment one year for each subsequent offence.
Approved, March 5, 1885.
Missouri.
This State passed the first prohibitory law.
Penalty, confinement in the county jail not to exceed one year, or fine not to exceed one thousand dollars, or both.
Nebraska.
Section 2345, “Skimmed milk or adulterated milk.”
This section provides against the sale of adulterated milk, and makes a penalty of from twenty-five dollars to one hundred dollars and be liable to double the amount to the person or persons upon whom the fraud is perpetrated.
New Hampshire.
“An Act relating to the sale of imitation butter.”
This law provides that no artificial butter shall be sold unless it is coloured pink.
Penalty, for the first offence, fifty dollars, and for a second offence a fine of one hundred dollars. “A certificate of the analysis sworn to by the analyser shall be admitted in evidence in all prosecutions.”
“The expense of the analysis, not exceeding twenty dollars, included in the costs.”
New Jersey.
Law similar to the New York law.
Ohio.
This State has a law that is prohibitory except as to oleomargarine made of beef suet and milk.
Penalty, one hundred dollars to five hundred dollars, or from three to six months’ imprisonment, or both, for the first offence; and by such fine and imprisonment for one year for each subsequent offence.
Passed, April 27, 1885.
Oregon.
The law in this State provides against adulterated and unwholesome milk, against keeping cows in an unhealthy condition, and against feeding them upon unhealthful food.
It also provides that oleaginous substances sold upon the market shall be so branded as to distinguish them from the true dairy product; and that in hotels, boarding-houses, restaurants, etc., where such substances are used as an article of food, the bill of fare shall state the fact, and that the name of the said substance shall be posted up in the dining-room in a conspicuous place.
Passed, February 20, 1885.
Pennsylvania.
“An Act to protect dairymen, and to prevent deception in sales of butter and cheese.”
This act requires the branding of imitation butter and cheese.
Penalty, one hundred dollars. Violations of this Act by exportation to a foreign country are punished by a fine of from five dollars to two hundred dollars, or by imprisonment from ten to thirty days, or by both such fine and imprisonment.
Approved, May 24, 1883.
“An Act for the protection of the public health and to prevent adulteration of dairy products and fraud in the sale thereof.”
This law prohibits the sale of oleomargarine and kindred products.
Penalty, one hundred dollars to three hundred dollars, or by imprisonment from ten to thirty days for the first offence, and by imprisonment for one year for each subsequent offence.
Approved, May 21, 1885.
Rhode Island.
“Of the sale of butter, potatoes, onions, berries, nuts, and shelled beans.”
This law provides that artificial butter shall be stamped “Oleomargarine,” and that the retailer shall deliver to the purchaser a label upon which shall be the word “Oleomargarine.”
Penalty, one hundred dollars.
Tennessee.
Code of 1884, chapter 14, sections 2682, 2683, 2684.
This law requires that the substance shall be manufactured under its true and appropriate name, and that it shall be distinctly branded with the true and appropriate name.
Penalty, from ten dollars to three hundred dollars, or imprisonment from ten to ninety days.
Vermont.
“An Act to prevent fraud in the sale of oleomargarine and other substances as butter.”
This law provides that oleomargarine and kindred products shall not be sold as butter.
Penalty, five hundred dollars.
Approved, November 1884.
Chapters 192, Laws of 1874, 76 of 1870, 51 of 1855, provide against the adulteration of milk.
Virginia.
Code of Virginia, 1873, chapter 865, title 26, section 56.
“Provision against adulterating milk intended for the manufacture of cheese.”
This law provides against the adulteration of milk carried to cheese manufactories, etc.
Penalty, from twenty-five dollars to one hundred dollars, with costs of suit.
West Virginia.
Chapter 41, Acts of West Virginia, 1885.
“An Act to prevent the manufacture and sale of mixed and impure butter and cheese and imitations thereof.”
This law requires that the true and appropriate name of the substance shall be printed thereon, etc.
Penalty, from ten dollars to one hundred dollars, or imprisonment.
Wisconsin.
Section 1494, chapter 61, Revised Statutes.
This Act provides that no cream shall be taken from the manufactory where it is being worked up, also that the persons manufacturing cheese at factories shall keep certain records.
Chapter 361, R. S.
“An Act to prevent the manufacture and sale of oleaginous substances or compounds of the same in imitation of the pure dairy products, and to repeal sections 1 and 3 of chapter 49 of the laws of 1881.”
This law prohibits the manufacture and sale of oleomargarine and kindred products.
Penalty, not to exceed one thousand dollars, or imprisonment not to exceed one year, or by both such fine and imprisonment.
Published, April 13, 1885.
Territories.
Arizona.
“An Act to regulate the sale and manufacture of oleomargarine or other substitutes for butter in the Territory of Arizona.”
This law requires that oleomargarine and kindred substances sold in the territory shall be appropriately branded with the word “oleomargarine.” And that the seller shall deliver to the purchaser a printed label on which is the word “oleomargarine.” Also that dealers shall keep posted up in their places of business this sign, “Oleomargarine sold here.”
Penalty for the first offence not less than five dollars, for the second offence not less than one hundred dollars or imprisonment for sixty days, and for each succeeding offence five hundred dollars and imprisonment for ninety days.
Approved, March 8, 1883.
Dakota.
“An Act to secure the public health and safety against unwholesome provisions.”
This law requires that all oleaginous substances shall be branded with their true and proper names. Costs of analyses, not exceeding twenty dollars, shall or may be included in the costs of prosecutions.
Penalty, first offence, one hundred dollars, and every subsequent offence, two hundred dollars.
Passed at the session of 1883.
The following States and Territories have no law on the subject:—