Food Adulteration and Its Detection / With photomicrographic plates and a bibliographical appendix

by Jesse P. Battershall

3. Section two is hereby amended to read as follows:—

2. The term food as used in this Act shall include every article of food or drink by man, including teas, coffees, and spirituous, fermented and malt liquors. The term drug as used in this Act shall include all medicines for internal or external use.

4. Section three is hereby amended by adding after subdivision seven the following: C. In the case of spirituous, fermented and malt liquors, if it contain any substance or ingredient not normal or healthful to exist in spirituous, fermented or malt liquors, or which may be deleterious or detrimental to health when such liquors are used as a beverage.

5. Section five is hereby amended to read as follows:—

5. The State Board of Health shall take cognisance of the interests of the public health as it relates to the sale of food, drugs, spirituous, fermented and malt liquors, and the adulteration thereof, and make all necessary inquiries relating thereto. It shall have the supervision of the appointment of public analysts and chemists, and upon its recommendation, whenever it shall deem any such officers incompetent, the appointment of any and every such officer shall be revoked and be held to be void and of no effect. Within thirty days after the passage of this Act, and from time to time thereafter as it may deem expedient, the said Board of Health shall meet and adopt such measures, not provided for by this Act, as may seem necessary to facilitate the enforcement of this Act, and for the purpose of making an examination or analysis of spirituous, fermented or malt liquors sold or exposed for sale in any store or place of business not herein otherwise provided for, and prepare rules and regulations with regard to the proper methods of collecting and examining articles of food, drugs, spirituous, fermented or malt liquors, and for the appointment of the necessary inspectors and analysts. The said Board shall at least once in the calendar year cause samples to be procured in public market or otherwise, of the spirituous, fermented or malt liquors distilled, brewed, manufactured or offered for sale in each and every brewery or distillery located in this State, and a test, sample or analysis thereof to be made by a chemist or analyst duly appointed by said Board of Health. The samples shall be kept in vessels and in a condition necessary and adequate to obtain a proper test and analysis of the liquors contained therein. The vessels containing such samples shall be properly labelled and numbered by the secretary of said Board of Health, who shall also prepare and keep an accurate and proper list of the names of the distillers, brewers or vendors, and opposite each name shall appear the number which is written or printed upon the label attached to the vessel containing the sample of the liquor manufactured, brewed, distilled or sold. Such lists, numbers and labels shall be exclusively for the information of the said Board of Health, and shall not be disclosed or published unless upon discovery of some deleterious substance prior to the completion of the analysis, except when required in evidence in a court of justice. The samples when listed and numbered shall be delivered to the chemist, analyst or other officer of said Board of Health, and shall be designated and known to such chemist, analyst or officer only by its number, and by no other mark or designation. The result of the analysis or investigation shall thereupon, and within a convenient time, be reported by the officer conducting the same to the secretary of said State Board of Health, setting forth explicitly the nature of any deleterious substance, compound or adulteration which may be detrimental to public health and which has been found upon analysis in such samples, and stating the number of the samples in which said substance was found. Upon such examination or analysis the brewer, distiller or vendor in whose sample of spirituous, fermented or malt liquor such deleterious substances, compounds or adulterations shall be found, shall be deemed to have violated the provisions of this Act, and shall be punishable as prescribed in section seven of this Act.

6. Section six of said chapter four hundred and seven of the laws of eighteen hundred and eighty-one is hereby amended to read as follows:—

6. Every person selling, offering, exposing for sale or manufacturing, brewing or distilling any article of food, spirituous, malt or fermented liquors, or delivering any such articles to purchasers, shall be bound to serve or supply any public analyst or other agent of the State or local Board of Health appointed under this Act, who shall apply to him for that purpose, and upon his tendering the value of the same, with a sample sufficient for the purpose of analysis of any article which is included in this Act, and which is in possession of the person selling, manufacturing, brewing or distilling the same, and any person who shall refuse to serve or supply such sample of any article as prescribed herein, or any person who shall impede, obstruct, hinder or otherwise prevent any analyst, inspector or prosecuting officer in the performance of his duty shall be deemed to have violated the provisions of this Act, and shall be punishable as prescribed by section seven of this Act.

7. Section seven of said chapter four hundred and seven of the laws of eighteen hundred and eighty-one is hereby amended to read as follows:—

7. Upon discovering that any person has violated any of the provisions of this Act, the State Board of Health shall immediately communicate the facts to the district attorney of the county in which the person accused of such violation resides or carries on business, and the said district attorney, upon receiving such communication or notification, shall forthwith commence proceeding for indictment and trial of the accused as prescribed by law in cases of misdemeanour.

8. The State Board of Health shall be authorised to expend, in addition to the sums already appropriated for said board, an amount not exceeding three thousand dollars, for the purpose of carrying out the provisions of this Act, in relation to spirituous, fermented or malt liquors. And the sum of three thousand dollars is hereby appropriated out of any moneys in the treasury not otherwise appropriated and expended for the purposes of this Act.