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

by Jesse P. Battershall

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.

Penalty for violating the provisions of this Act.

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.

Penalties—how recovered.

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.

State Board of Health empowered to appoint an inspector of milk.
Compensation and expenses—how paid.
Duties of inspector.
Inspector to advertise name and place of business of persons convicted of violating this Act.
Proviso.

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.

Inspector to be a public analyst.

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.

Certain Acts repealed.