9000' ;7 'HI 1909 Wmm *^afmmtF^/A Cornell University Library HO 9000.7. W7 1909 Dairy and Food Laws and diclsions of cou 3 1924 013 841 410 WISCONSIN DAIRY AND FOOD LAWS AND DEGISroNS OF COURTS Published by the Dairy and Food Commisstoner JULY, 1909 MADISON, WIS. DkMOORAT pBiiiTiNe CoMyAHT, Stati Pmhtbb 1009 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924013841410 WISCONSIN DAIRY AND FOOD LAWS DECISIONS OF COURTS \ Rjjblishsd by the Dairy and Food Commissioner JULY, 1909 MADISON, W[S. Democrat Printing Company, State Printeb 4999 ORGANIZATION OF THE COMMISSION. J. Q.. GMDRY, Dairy aiKl Food Cpiumissioner. RICHARD FISCHER. PH. D... Clieinist. V. S. BABR.I Assistant Commissioner. H. C. LARSON, Second Assistant Commissioner. FLORENCE Q. NORTON, iBeeretfttr.' BTHEI/ D. THOMAS, Stenograplier and Confidential Clerk. A. B. KTJNDERT, M. S.„ Assistant Ciiemist. HARRY KLUETER, PH. G., Assistant Ciiemist. FRED P. DOWKING, A. B., Assistant Ciiemist. F. M. BUZZELL. Chief Food Inspector. F. B. CARSWBDL. B. L. ADERHOLD, J. D. CANNON,,^ FRBi) MARTY, R. B. SOUTHARD,, J. B. LINZMBYBR, Clieese Factory, Dairy and Food Inspectors. P. A. LARSON, JAMBS VAN DUSBR, S. J. DUFNBRj W. A. VOIGT, P. W. GTJSE, Creamery, Dairy and Food Inspectors. W. F. SCOTT, Food Inspector! CONTENTS. Page Organization of the commission ' 2 Introductory 6-8 Section 1410. Dairy and food commissioner, assistant, chemist, agent, stenographer and confidential clerk, appointment .of; supplies ; report 9 Sec. 1410a. (As amended by eh. 193, 1905.) Dairy and food commissioner, powers and duties; duty of district attorney; special counsel ; fines 10 Sec. 1410aa. (Ch. 144, 1903.) Assistant chemist, agents and ex- perts, appointment of; compensation 10 Sec. 1410ab. ■ (Sec. 1, ch. 390, 1905.) Second assistant dairy and food commissioner, assistant chemist, inspectors, appointment of; salaries and expenses 11 Sec. 1410ac. (Sec. 2, ch. 390, 1905.) Powers of officers desig- nated in Sec. 1410ab . :.. 12 Sec. 1410 — 1. (Ch. 386, 1907.) Secretary, assistant chemist, in- spectors, appointment of; duties; salaries; expenses 12 Sec. 1410b. Access to buildings; samples of food, etc.; stencils for cheese 13 Sec. 1410c. Submission of articles for analysis; evidence; anno- tations; questions of evidence 14 Sec. 1410d. (As amended by ch. 206, 1907.) Farmers' insti- tutes; expenses of analyses 15 Sec. 1494a. (As amended by ch. 306, 1907.) Wrongful use of milk, etc.; by butter or cheese manufacturer; fraudulent ac- counts -■ 15 Sec. 1494aa. (Sec. 1, ch. 43, 1903, as amended by ch. 99, 1907.) Standard measures for Babcock milk and cream test; com- posite samples; statements 15 Sec. 'I494ab. (Sec. 2, ch. 43, 1903.) Sale of false measures a misdemeanor 16 Sec. 1494ac. (Sec. 3, ch. 43, 1903, and Sec. l,ch. 99, 1905.) Un- derreading or overreading of Babcock or other milk test un- lawful ; . . ... ......: 16 Sec. 1494ad. (Sec. 4, ch. 43, 1903, as amended by ch. 99, 1905.) Penalty for violation of three preceding sections 16 Sec. 1557s, Sec. 1557t and Sec. 1557u. (Ch. 393, 1909.) Adulter- ation of malted liquors; standards and definitions; penalty. 17 Sec, 16361. (Ch.^J jai', 1909.) Adulteration of and fraud in sale "Si Unseed oilT turpentine, white lead, oxide of zinc, linseed oil compounds, etc.; penalty; duty of dairy and food commis- sioner; special counsel; assistant chemist; repeal of Sees. 1636—91 to 1636—95, inc : 18-22 Sec. 4438g. Penalty for false labeling cheese 22 Sec. 4686> Sftle of unwholesome provisions. ....>.. 2i 4 Contents. Page Sec. 4600. (As amended by ch. 202, 19,09.) Sale of adulterated articles; definitions; penalty; annotations: agent, pleading, ignorance ~. .^ 22-23 Sec. 4601. (As amended \>y ch. 202, 1909.) Adulteration, what is; annotations: imitation, scone of statute, pleadin'g 22-25 Sec. 4601a. (As amended by ch. 10.4, 1905.) Canned goods, labels on 25 Sec. 4601b. (As amended bv ch. 77, 19.07. )i Label on baking powder; annotation: validity ■••• 2G Sec. 4G01aa. (Ch. 173 1907.) Misbranding of articles of food. . 26 Sec. 4601— la. (Ch. 152. 1905, as amended by ch. 557, 1907.) Syrups, molasses, glucose mixtures; required labels: word- ing, color, type , 27-29 Sec. 4601 — 2a. fCh. 557, 1907.) Maple syrup mixtures; required labe's: wordina;, on'or, tvne '. 29 Sec. 4601— 3a. fCh. 557, 1907.) Penalty, yiolation of Sees. 4601— la, 4601— 2a. ; . . ., 31 Sec. 4601-^4a. (Ch. 205, 1907.) Standards of purity for food products V 31 Sec. -4601— 4a. (Ch. 399, 1909.) Definitions and standards for food produ-^ts 31-54 Sec. 4601 — 5. (Ch. 344. 1909.) Mixed .iellies, jams, preserves and - fruit butters: definitions and standards labels, penalty . 54-55 Sec. 4601 — 6. (Ch. 381. 1909.) Sausage and sausage mixtures; definitions and standards; penalty. . . . T .56 Sec. 4fi01c. Label on poisonous medicine; penalty 56 Sec. 4G01e. (Sec. 1, ch. 33, 1905.) Foods containing chemical preservatives 57 Sec. 4601f. (Sec. 2. ch. 33, 1905.) Penalty for violation of Sec. 4601e 57 Sec. 4601g. (Ch. 399, 1909.) Artificially bleached flour; articles of food containing ben-'oio pcid or benzoates; penalty 58 Sec.-4601b.^ (Ch. 334. 1909.) Sanitary production and distribu- tion of'fcod; powers of dairy and food commissioner, assist- ants, etc.; duty of district attorney; penalty- 59 Sec. 4606. Coloring grain; penalty 60 Sec. 4607. (As amended bv ch. 13S, 1905, and ch. 14, 1909.) ■ Sale, of adulterated milk and cream; penalty; annotations: construction, validity, sale, — what is, intent to sell, — evi- dence of 60-61 Sec. 4607a. (As amended bv cb. 138, 1905,) Milk and cream, standard for pure; evidence; annotations: validity, - intent immaterial , 61-63 Sec. 4607b—]. (Sec. 1 ch. 313. 1899.) .^Milk of diseased cows, or cows kept in unsanitary condition, Jeto. '. 63 Sec. 4607b— 2. (Sec. 2, ch. 313, 1899.) Foreign substances not to be added to milk or cream not pasteurized 63-64 Sec. 4607b— 3. (Sec. 3, ch. 313 1899., as amended by ch. 66, 1905.) Penalty for violation of Sees. 4607b— 1 and 4fi07b— 2 64 Sees. 4607b— 4 to 4607b— 9. inc. (Ch. 215, 1909.) Unsanitary milk and cream, utensils, premises; nenalty. . . 64-67 Sec. 4607b— 10. (Sec. 1. ch. 247, 1905.) Condensed milk.' .' 67 Sec. 4607b— 11. (Sec. 2, ch. 247, 1905.) Evaporated or con- den=!ed cream 57 Sec. 4607b— 12. (Sec. 3 cb. 247. 1905.) ' Penalty for' violation' of either of two preceding sections 67 Eec. 4607c. (As amended by ch. 151, 1901.) "Filled "cheese- oleomargarine; penalties; annotations: validity, expose for sale, sale,— what is, ruling of supreme court of Wisconsin In Meyer vs. State. . , . , , . , , 67-72 Contents. 5 Page Sect. 4607d. Notice of sale of imitation butter; annotations: va- lidity, notice, sale by agent, oleomargarine 72-73 Sec. '4607e. Imitation butter and cheese in state institutions; penalty : 73 Sec. 4607 d—1. (Sec. 1, ch. 76, 1899, as amended by ch.. 34, 1905.) Renovated butter; bow mirked i 73 Sec. 4607d— 2. (Sec. 2, ch. 76, 1899.) Penalty for violation of 46a7d— 1 . r 74 Sec. 4607f— 1. (Sec. 1, ch. 299, 1905.) Sale of adulterated hon.ey ; penalty , 74 Sec. 4607g. Sale, etc., diseased meat; killing diseased animals, etc 75 Sec. 4607h. (As amended by cii. 78, 1907.) Obstructing dairy and food offfcers ; penalty , 7 75 Sec. 4G07i. (As amended by ch. 297, 1905, as amended by ch. 370, 1907.) Sale of vinegar; standards; penalty; -annota- tions: cgloring matter, validity , ' 75-78 Sec. 4607J. Cleanliness, etc., of dairy cows and utensils; penalty 78 Sec 4807k. Sale of impure ice; notice of place where cut;~pen- -a.ty 78 Sec.^46081. (Sec. 1, ch. 243, 1901, and ch. 261, 1905.) Antisep- • tics, etc., in meat products; penalty 79' See. 4608m. (Ch. 151, 1905.) Sale of maple sugar, maple syrup, regulated ; forfeiture 79 ' Sees. 4308p, 460Sq, 4608r, 4SOSs, 4608t. (>Secs. 1, 2, 3, 4, 5, ch. '187, 1905.) Buckwheat flour: adulterition of; labels; pre- sumption; sale, what; penalty 79-80 Sec. 4608U. (Ch. 228, 1905:) Lemon and vanilla extracts; for- feiture SO Sec. 335c. (Ch. 519, 1907.) Quarterly bulletins 80 -Supreme Court decisions: Foods, ignorance of fact of adulteration 82-83 Foods, what are adulteritions '..''..... 84 Lard vinegar, liquors, baking powder , 85 Standards, dairy pi'oducts '. . 86 Cheese, oloeomargarine 87-88 INTEODUCTORY. The supply of pamphlets containing the dairy and food and drug laws of Wisconsin, published June, 1905, having become ex- hausted and amendments having been made- to ihpseliaws and im- portant new dairy and food and drug laws having been enacted by the legislature of 1909, this compilation of the dairy and food and drug laws of the state of Wisconsin has been made neces- sary. Attention is called to the following new laws: Chapter 399 of the laws of 1909, relating to the adulteration of malted liquors, fixes standards and provides a penalty for vio- lation of the law. It takes effect July 1, 1909,- Chapter 352 of the laws of 1909 relates to the prevention! of the adulteration' of and fraud in the sal6 of linseed^oil, turpen- tine, white lead, oxide of zinc and linseed oil compounds^ • This statute fixes standards for the various products named and pro- vides for a form of label. It was made to take effect and be in force from and after its passage and publication, except that the provisions relating to the labeling of turpentine, white lead, oxide of zinc and linseed oil compounds do not take effect until Janu- ary 1, 1911. Chapter §02 of the laws of 1909 makes important amendments in the gener^il law on adulteration of articles of food. Chapter 398 of the laws of 1909 prescribes legal definitions and standards for a large number of food products. It is one of the most irajportant food laws ever enacted by a state, legis- lature. It provides a "square deal" for Iionest' manufacturers, •jobbers, retailers and consumers. It removes the serious, defects from tlie Wisconsin dairy and food laws which Hon. John C. Spooner, on the floor of the United States senate, pointed out as existing in the national food law a,nd which he argued with much force might be a menace to its validity. The enactment of the Introductory. 7 law fixing these definitions and, standards is a long step forward in food legislation. The consumer can more readily hold the dealer responsible for the purity and soundness of the food prod- uct which he purchases. In return it gives the retailer the same leverage with the jobber and the jobber the same opportunity with the manufacturer. It removes the uncertainty as to what constitutes an offense under the laws. This act takes effect from and after January 1, 1910. In effect, it writes into the laws of ■ the state the definitions and standards provided by chapter 305 of the laws of 1907, the repeal of which latter law is made effective on the date when chapter 399 of the laws of 1909 takes effect. •'.Chapter 394 of the laws of 1909 regulates the sale of mixed jellies and jams. It takes effect from and after October 1, 1909. Chapter 381 of the laws of 1909 defines sausage and regu- lates its sale and also the sale of "sausage with cereal," or "saus- age with potato flour." This law is destined to prevent "water," "cereals," "potato flour," etc., from masquerading under the name of "sausage." The act takes effect from and after, October 1, 1909, Chapter 399 of the laws of 1909 makes it a misdemeanor to sell for use or consumptipn in this state any flour that has been artificially bleached. Already the shipment in interstate com- merce of chemically bleached flour has been put under ban by the officers cha-rged with the administration of the national food and drugs act of June 30, 1906. Chapter 399, of the laws of 1909, also makes it a misdemeanor to sell for use or consump- tion in this state any article of food which contains added benzoic acid or benzoates, except as provided in the act. This chapter takes effect from and after January 1, 1910; Chapter 334, of the laws of 1909, relates to the sanitary pro- duction and distribution of food and defines the duties of the. dairy and food commissioner in relation thereto. It makes it a misdemeanor to manufacture or prepare for sale food unless in the process of its manufacture for sale or its preparation for, sale it is securely protected from filth, flies, dust or other con- tamination or other unclean, unhealthful or unsanitary condi- tions. It makes it a misdemeanor to store "or offer' or expose for sale or sell food unless securely protected from filth, flies, dust or other contamination or other unclean, unwholesome or unsani- tary conditions. It is apparent that this statute wisely provides against the practices of those dealers who so display their goods 8 IntrodfUctory. as to expose them to dust, jfilth, flies or other contamination. The wisdom of prompt compliance with the provisions of this statute will appeal to all dealers. This act is made to take effect and be in force from and after its passage and publication. Chapter 215, of the la\ys o"f 1909, including sections 4G07b — 4, 5, 6, 7, 8, 9, is a specific law relating to the sanitary production of milk and cream. This statute covers every operation from the cow to the consumer. It discloses a purpose to correct the most glaring evils now existing in dairy practice. There seem to be- no technical loopholes whereby violators of this law may escape its penalties. Not only are producers of unsanitary milk and un- sanitary cream amenab'e to prosecution under this statute, but butter and cheese manufacturers are likewise held ^responsible for the sanitary condition~of the milk and cream which they receive and manufacture into cheese and butter and are likewise amen- able to prosecution if they receive and manufacture unsanitary milk or unsanitary cream into food products. This law and its effective enforcement should materially raise the quality of Wis- consin dairy products. This law is made to take effect from and after its passage and publication. This pamphlet also includes a compilation of decisions of various supreme courts, interpreting various food laws in differ- ent states and determining their validity. DAIRY AND FOOD LAWS OF WISCONSIN. Dairy and Food Commissioner;, supplies; assistants and re- port. Section 1410, Statutes of 1898. The dairy and food com- missioner shall be appointed by the governor, by and with the advice and consent of the senate, for a term of two years from the date of his appointment and until his successor qualifies. Vacancies occurring from 'any cause shall be filled for the remainder of the term by the governor, with the advice and consent of the senate if it shall be in session, or if it is riOt in -session, subject to, approval at the session next held after such appointment is madfe, if the term for which it was made has not expired. Such commissioner may, with the advice and consent of the governor, appoint an assistant, who shall be an expert in dairy products, and a chemist who shall be a -practical analytical chemist; he may also, with such advice and consent, appoint an agent for the inspection of milk , dairies, factories and creameries, and to assist in the work of the dairy and food commission at such times and for such periods of time as may be required in the enforcement of the dairy and food laws. The compensation of such agent shall be three dollars per day for each day of actual service, and his expenses, to be audited by the secretary of state on the presentation of accounts approved by the dairy and food commissioner. Said commissioner may also appoint a stenog- rapher and confidential clerk. The commissioner shall be fur- nished with a suitable office in the capitol, and with such sup- plies, and printing as may be necessary. He shall as soon as practicable after the thirtieth day of September in each even- numbered year make a report to the governor and give therein an itemized statement of all expenses incurred by him, and of all fines collected, with such statistics and other information and suggestions as he may regard of value. 10 Wisconsin Dairy and Food Laws. His powers and duties; duty of district attorney; special counsel ; fines. Section 1410a, Stat^tes of 1898. [As amended by eh. 193, laWs of 1905".] It shall be the duty of the com- missionex to enforce the laws regarding the production, manu- facture and sale of dairy products, the adulteration of any_ article of food or drink, or condiment or of any drug and personally or by his assistants to inspect any milk, butter, cheese, lard, syrup, coffee, tea or other article of food, drink, condiment or drug made , or offered for sale within this state which he may suspect or have reason to believe to be impure, unhealthful, adulterated or counterfeit, and- to prosecute or cause to be prosecuted any person, firm or corporation en- gaged in the manufacture or sale of any adulterated or^ coun- terfeit article or articles of food or drink, or condiment or drug in violation of law. The district attorney of the county in which a violation of any such law has occurred shall, when called upon by the commissioner or either of his assistants ta do so, give all the aid he can to secure the execution of the law and shall prosecute cases arising under the provisions of this chapter or other provisions x)f these statutes relating to the adulteraion of food, drinks, condiments and drugs and their sale. Such commissioner shall have power to appoint, with the approval of the governor, special counsel to prosecute or assist in the prosecution of any case arising under the provi- sions of these statutes imposing a penalty for adulterating dairy products, or foods, drinks, condiments or drugs,' or practicing deception or frauds in the manufacture and sale thereof. All fines collected in prosecutions begun or caused tc be begun by the dairy and food commissioner or either , of his assistants shall be paid into the state treasury. Appointments; compensation; agents and experts. Section 1410aa., (Chapter 144, laws of 1903.) In addition to the- pro- visions of section 1410 of the statutes of 189-8, the dairy and food commissioner may, with the advice and consent of the governor, appoint an assistant chemist for the dairy and food' commission, when needed, who shall be paid not to exceed fifty dollars per month, in the same manner as the analytical chemist is paid; he may, also, with such advice and consent,- appoint two agents for the inspection of foods, milk dairies, cheese factories and creameries, and to assist in the work of - the dairy and food commission at such times and for. such periods .of time as may be required in the enforcement of the dairy and food laws. The compensation of each of said agents Wisconsin Dairy e general public into purchasing that -which they may not intend to buy. The constitution of the United States does not, secure to anyone the privilege of defrauding the public. The deception against which the statute of Massa- chusetts is aimed is au offenf^e against society; and the states are as competent to protect their people against such offenses or wrongs as they are to protect them against crimps or wrongs of more serious character. And this protection may be given without violating any right secured by the national constitution, and without infringing the authority of the general government. A state enact- ment forbidding the sale of -doceitfiil In-ilta-tions. of articles of food In general use among the people does not abridge any privilege secured to citizens of the United States, nor, in any ,iust sense, interfere with the freedom of commerce among the several states, riuiuley v. Massachusetts, 155 U. S., 461. Imitation by selection of material tlie same as liy use of a dye. "If the article is in imitation of yellow butter, it matters not whether sucl^ lm|- Wisc(msin Dhiry and Food Laws. 2S tatiou Is brought about by the adclitiou of a dye or by the selection of ingre- dients. . . If oue forming a compound of several Ingredients knowingly select and use an ingredient, which imparts to the compound the color of yel- low butter, he having choice of ingredients, he will have made his compound in imitation of yellow butter just as well as if he selected a dye," 134 Wis., 156-167. Scope of stattitc. Whisky, being recognized as a drug in the pharmncopceia and its strength and purity being there given,, is a drug witliin the meaning of the statute. The law is not limited in its application to the sale of drugs by druggists and phai'macists, nor to sales for medicinal or pharma'ceutical use, but extends to all persons without regard to their vocations, and makes no distinctions on account of the use intended to be made of the article: State V. Hutchinson, 56 Ohio St., 82. Pleading. The provision in the preceding paragraph applies to it and the next preceding one, and is not limited to any ptirticular offense defined la them. Hence,, a negative averment of the facts within the proviso need not be riiade in charging an offense; the facts may be proven under a plea of not guilty: State v. Hutchinson, 55 Ohio St., 573. I Canned goods, labels on. Section 4601a, Statutes of 1898. (As amended by chapter 104, laws of 1905.) Any person who shall, himself, or by his servant or agent, or as the servant or agent of any, other person, pack, can or preserve within this state, for use or consumption therein, fruits, vegetables, meats, fish or shell-fish, or who shall sell, exchange, deliver or have in his possession with intent to sell, or exchange or expose for sale, or offer for sale or exchange for use or consumption within this state such canned articles containing saccharin, formalde- hyde, sulphurous acid or sulphites, salicylic acid, or salicylates or any substance, article or ingredient other than sugar, salt, vinegar or spices, possessing a preservative character or action, or any copper compound or other artificial coloring, or any bleaching compound, or any article injurious to health; or any person who shall, himself, or by his servant or agent, or as the servant or agent of any other person, pack, can or preserve within this state for use or consumption therein, fruits, vege- tables, meats, fish or shell-fish, or who shall sell, exchange, deliver, or have in his possession with intent to sell or exchange, or expose for sale, or offer for sale or exchange for use or con- sumption within this state, such canned articles, unless each can containing such articles shall bear a label on which shall be printed the true name of the contents and the name and ad- dress of the producer or packer, canning or preserving the same, or the dealer who sells the same, shall be gujlty of a misde- meanor, and upon conviction thereof, shall be fined not less than twenty-five dollars, nor more than one huindred dollars or be imprisoned in the county jail not less than tliirty days nor more than sixty days. 26 Wisconsin Dadry and Food Laws. Label on baking powder. Section 4601b. (As amended by eh. 77, 1907.) Any person who shall, by himself, his servant or agent or by the servant or agent of any other person, make or manufacture baking powder or any mixture or compound intended for use as a baking powder, or sell, exchange or de- liver, or have in his possession with the intent to sell or ex- change, or expose or offer for sale or exchange such baking powder, or any mixture or compound intended for use as a baking powder, * * * unless each receptacle or package in which the same is liept for sale or sold, has securely afiixed in a conspicuous place upon the side thereof, and plainly sep- arated from other reading matter, a white or light colored label, upon the outside face of -which label shall be printed in the English Icinguage with black ink, in type not smaller than eight point, bold-faced, gothic capitals, the name and address of the manufacturer of such baking powder, and the words: "Thi^ baking powder is composed of the following ingredients and none other," and immediately thereafter upon the same label, in color, style and manner above specified, the name of each ingredient contained in such baking powder, using the name by which each ingredient is commonly known, shall be punished as provided in the next preceding section, provided that for the purposes of this act, alum in any form or shape or any aluminum salt shall be designated by the term alum. Validity. A statute vvhieli provides lliat no peisou shall sell any lard or any aitlcle iuteuded lor use as lard whicli uoutajus auy lugredleut but the pure lat of tiealtUy swiue, uuder auy label bearing the words "■rellued," "pure," ■"lamily," uuless every package lu which the article is sold Is marl^ed "coiupouud lard," has beeu sustained as valid by the supreme court of Iowa: State V. Suow, 47 N. W. Kep., 777. la Idluuesota a statute vshich malves it a uiisdemeauor to mauufaeture for sale withiu that state, or to sell or ott'er to do so, bakiuj; powder coutaluiug alum, uuless each package thereof Is labeled, "This bukiug powder coutaius alum," has been sustained: Stoltz v. Thompson, 46 N. VV. Hep., 410. Misbranding of articles of food. Section 4601aa. (Ch. 173, 1907.) Any person, firm or corporation by himself, ofScerj servant or agent, or as the oxticer, servant or agent of any other person, firm or corporation, who shall manufacture or solicit or take orders for delivery, or sell, exchange, de- liver or have in possession with the intent to sell, exchange or expose, or offer for sale or exchange any article- of food within the meaning of section 4600, statutes of 1898, which is misbranded within the meaning of this section shall lie guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor Wisconsin Dairy and Food Laws. 27 more than one hundred dollars, or by imprisonment in the county jail not less than ten days nor more than sixty days. The term "misbranded," as used herein, shall apply to articles of fofld or articles which enter into the composition of food, which, or the package or label of which shall bear any statement, design or device regarding such article or the ingrediepts or substances contained therein which shall be false or mislead- ing in any particular; or if in package form, and the contents are stated in terms of weight or measure, they are not- plainly and correctly stated on the outside of the package; and to any food product which is- falsely branded as to the state, territory or country in which it is manufactured or produced. Any article of food shall also be deemed to be misbranded if the con- tents of the package as originally put up shall havebeen renioved in whole or in part and other contents shall have been placed in such package. The term "label," as used in this section and in section 4601, statutes of 1898, or in any other section of these statutes, relating to the adulteration or misbranding of food, unless otherwise spec.ificaUy described and provided therein, shall apply to any printed, pictorial or other matter upon or, attached to any package of a food product or any con- tainer thereof. It is hereby made the duty of the dairy and food commis- siioner of this state, by himself, or assistants, chemists, inspect- ors and agents, to see that the provisions of this section are en- forced and for this purpose all the powers conferred upon the said commissioner, his assistants, chemists, inspectors and agents, by section 1410a, 1410b, 1410d, of the statutes of 1898, or by any other provision of these statutes are hereby ..conferred upon said dairy and food commissioner, his assistants, chemists, in- spectors and agents, so far as the same may be applicable. Syrups, molasses, glucose mixtures; required labels: wording, color, type. Section 4601— la. (Ch. 152, 1905, as amended by ch. 557, 1907.) No person, firm or corporation, ,by, him- self, officer, servant or agent, or as the officer, servant or agent of any other person, firm or corporation, shall sell, offer or expose for sale or have in his possession with intent to sell any syrup, maple syrup, sugar-cane syrup, sugar syrup, refiners ' syrup, sorghum syrup, molasses or glucose, unless the same be true to the name Under which it is sold and ^ as defined in the standards of purity for food products as * * * latest pro- mulgated by the United States * * * Secretary of Agri- culture, and unless the barrel, cask, keg, can, pail or * • * * other original container, containing the same be distinctly 28 Wisconsin Dairy and Food Laws. branded or labeled with the true name of its contents, as do- fined in the above named standards; and no person, firm or corporation, by himself, officer, servant or agent, or as the officer, servant or agent of any other person, firm or corporation, shall sell, offer or expose for sale or have in his possession with in- tent to sell any syrup, maple syrup, sugar-cane syrup, sugar syrup, refiners' syrup, sorghum syrup or molasses, mixed with glucose, unless the * * * barrel, cask, keg, can, - pail, or * * * other original container, containing the same be dis- tinctly branded or labeled * * * so as to plainly show the true name of each and all of the ingredients composing such mixture, as follows: First : In case said mixture shall contain glucose in a pro- portion not to exceed 50 per cent, by weight, it shall be labeled and sold as "Maple Syrup and Glucose," "Sugar-Cane Syrup and Glucose," "Sugar Syrup and Glucose," "Kefiners' Syrup and Glucose," "Sorghum Syrup and Glucose," or "Molasses and Glucose," as the case may be; Second: In case said mixture shall contain glucose in a pro- portion exceeding 50 per cent and not more than 75 per cent by weight, it shall be labeled and sold as "Glucose and Maple Syrup," "Glucose and Sugar-Cane Syrup," "Glucose and Sugar Syrupi" "Glucose and Refiners' Syrup," "Glucose and Sor- ghum Syrup," "Glucose and Molasses," as the case may be; Third: In case said mixture shall contain glucose in a pro- portional exceeding 75 per cent, by weight, it shall be labeled and sold as "Glucose flavored with Maple Syrup," "Glucose flavored with Sugar-Cane Syrup," "Glucose flavored with Sugar Syrup," "Glucose flavored with Refiners' Syrup," "Glucose flavored with Sorghum Syrup," "Glucose flavored with Mo- lasses," as the ease may be. The labels provided for in this section shall be printed in type not smaller than eight-point Brevier caps and shall bear the name and address of the manu- facturer or dealer. In mixtures in which glucose shall be mixed with any syrup or molasses in the proportion of not more than 50 per cent, by weight of the total product, the word "Glucose"; shall be printed in type of the same size and style and the same color as may be used in printing the name of any syrup or molas- ses with which the glucose may be mixed, and said mixture shall be so labeled and sold. In mixtures in which glucose shall be mixed with any syrup or molasses in the proportion of not more than 75 per cent.- and not less than 50 per cent, by weight, the word "Glucose" shall be printed in the same color and in type of the same style but one-third larger than the size of the let- ters which may be used in the printing of the name of any syrup ^Visconsin Dairy and Food Laws. 2,9 or molasses with which it may be mixed, and such mixture shall be so labeled and sold. In all mixtures in which glucose is used in the proportion of more thau 75 per cent, by weight, the name of the syrup or molasses which is mixed with the glucose for flavoring purposes and the words showing that said syrup or molasses is used as' a flavoring, as provided in this section, shall be printed on the label of eiach container of such mixture in the same color, and in the same style of type but not larger than ten-point caps. * * * The mixtures or syrups designated in this section -shall have no other designation or brand than herein required that represents or is the name of any article which contains a saccharine substance; and all brands or labels required shall be an inseparable part of the general or dis- tinguishing label, and the general or distinguishing label shall be the principal and conspicuous sigu under which it is sold; nor shall any of the aforesaid glucose, syrups, molasses or mix- tures contain any substance injurious to health, nor any other article or substance otherwise prohibited by law in articles of food. / Maple syrup mixtures; required labels: wording, color, type. Section 4601— 2a. (Gh." 557, 1907.) No person, firm or corporation, by himself, officer, servant or agent, or as the officer, servant or agent of any other person, firm or corpora- tion, shall solicit or take orders for delivery, or sell, exchange, deliver or have in possession with intent to sell, exchange or expose, or offer for sale or exchange, any maple syrup mixed with sugar-cane syrup, sugar syrup, refiners' syrup, sorglium syrup or molasses, unless the same be labeled and sold so as to show the true name of each and all of the ingredients contained therein and' unless each barrel, cask, keg, can, pail or other original container, containing, the same, be distinctly branded or labeled a'nd sold so as to plainly show the true name of each and all of the ingredients composing such mixture, as follows: First : If said mixtijre shall contain 50 per cent, or more by- weight of maple syrup, it shall be labeled and sold as "Maple Syrup and Sugar-Cane Syrup," "Maple .Syrup and Sugar .Syrup." "Maple Syrup and Refiners'- Syrup," "Maple Syrup and Sqrghum Syrup," or "Maple Syrup and Molasses," as the case may be ; Second : If said mixture shall conjain not less than '25 per cent., nor more than 49 per cent., by weight, of maple syrup, it shall be labeled and sold as "Sugar-Cane Syrup and Maple Syrup," "Sugar Syrup and Maple Syrup," "Refiners' Syrup 30 Wisconsin Dairy and Food Laws. and Maple Syrup," "Sorghum Syrup and Maple Syrup," or "Molasses and Maple Syrup," as the case may be: Third: If said mixture shall contain less than 25 per cent., by weight, of maple syrup, it shall be labeled and sold as "Sugar- Cane Syrup flavored with Maple Syrup," "Sugar Syrup flav- ored with Maple Syrup," "Refiners' Syrup flavored with Maple Syrup," "Sorghum Syrup flavored with Maple Syrup," or "Molasses flavored with Maple Syrup," as the ease may be. AU labels provided for in this section shall be printed in Eng- lish, in type not smaller than eight^point Brevier caps and shall bear the name and address of the manufacturer or dealer. In mixtures in which maple syrup shall be mixed with molasses or any or either of the syrups designated in this section in the pro- portion of not less than 50 per cent, by weight of the total prod- uct, the word "Maple" shall be printed in type of the same size and style and in the same color as may be used in the printing of the name of any other syrup- or molasses with which the maple syrup may be mixed, and said mixture shall be so labeled and sold. In mixtures in which maple syrup shaU be mixed with molasses or any or either of the syrups designated in this sec- tion, in the proportion of not less than 25 per cent, and not more than 49 per cent., by weight of the total product, the word "Maple" shall be printed in the same color, and in type of the same style, but not larger than two-thirds of the size, of the letters which may be used in printing the name of any syrup or molasses with which maple syrup may be mixed, and such mixture shall be so labeled and sold. In all cases in which maple syrup shall be mixed with any of the syrups designated in this section, in the proportion of less than 25 per cent., by weight of the total product, the word "Maple" and the words showing it to be used as a flavor, as provided in this section, shall be printed on the label of each container of such mixture in the same color and in the same size and style of type, but not larger than ten-point Brevier caps. The mixtures or syrups designated in this section shall have no other designation or brand than herein required that represents or is the name of any article which contains a saccharine substance; and all brands or labels required shall be an inseparable part of the general or distinguishing label, and the general or distinguish- ing label shall be the principal and conspicuous sign under which it is sold; not shall any of the aforesaid glucose, syrups, molasses or mixtures contain any substance injurious to health, nor any other article or substance otherwise prohibited by law in articles of food. Wisconsin Dairy and Food Laws. 31 Violations of 4601— la and 4601— 2a; penalty. Section 4601 — 3a. (Ch. 557, 1907.) Whoever shall do any of the acts or things prohibited, or neglect, or refuse, to do any of- the acts or things required by this act, or in any way violate any of the provisions of this act shall , * * * be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine, of not less than twenty-five dollars nor more than one hundred dollars or by imprisonment- in the county jail not less than ten days nor more than sixty days. Standards of purity for food products. Section 4601 — 4a. (Ch. 205, 1907.) In all prosecutions arising under the pro- visions of these statutes for the manufacture or sale of an adul- terated, misbranded or otherwise unlawful article of food, drink, condiment or drug, the latest standards '6i purity for food products, established by the United States secretary of agricul- ture, shallbe accepted- as the legal standards, except in cases where other standards are specifically prescribed by the laws, of this state. Definitions and standards for food products. Chapter 398, Laws of 1909. Section 1. Section 4601— 4a of the statutes is repealed. Section 2. There is added to the statutes a new section to read : Section 4601 — 4a. In all prosecutions arising under the provisions of these statutes relating to the manufacture or sale of an adulterated, misbranded or otherwise unlawful article of food, the following definitions and standards for food products shall be the legal definitions and standards, to- wit: 1. Meat, flesh, is any clean, sound, dressed, and properly pre- pared edible part of animals in good health at the time of slaughf ter, and if it bears a name descriptive of its kind, composition, oj" origin, it corresponds thereto. " The term "animals," as here- in used, includes not only mammals, but fish, fowl, crtjstaceans, moUusks,' and all other animals used as food. Fresh meat is meat from animals recently slanghtered and properly cooled until delivered to the consumer. Cold-storage meat is meat from animals recently slaughtered and preserved by refrigeration tmtil delivered to the consumer. Salted, pickled, and smoked meats are unmixed meats pre- served by salt, sugar, vinegar, spices, or smoke, singly or in combination, whether in bulk or in suitable containers. 32 Wisconsin^ Dairy and Food Laws. 2. Manufacturecl meats are meats not included in subdivision 1, whetliei" simple or m'xed, whole or comminuted, in bulk or in suitable containers, with or without the addition of salt, sugar, vinegar, spices, smoke,' oils, or rendered fat. If they bear names descriptive of kind, eomposit'on, or origin, they corre^ spond thereto, and when bearing such deseri'ptive names, if force or flavoring meats are used, the kind and quantity; thereof are made known. Sausage, sausdge meat, is a comminuted meat from neat cattle or swine, or a mixture pf such meats, either fresh, salted, pickled or smoked, with added salt and spiees and with or without the addition of edible animal fats, blood and' sugar, or subsequent smoking. It contains no larger amount of water than the meats from which it is prepared contain when in their fresh condition, and if it bears a name descriptive of kind, composition or orfgin, it corresponds to such descriptive name. All an'.mal tissues used as containers, such as casings, stomachs, etc., are clean and sound and impart to the contents no other substance than salt. Blood sausage is sausage to which has been added clean, fresh blood from neat cattle or swine in good health at the time of slaughter. i Canned meat is the cooked, fresli meat of fowl, neat" cattle or swine, preserved n hermetically sealed packages. Corned meat, cured meat, is meat, cured or pickled with dry salt or in brine, with or without the addition of sugar or syrup and saltpeter. Potted meat is comminuted and ccoked meat from those parts of the animal ord'narily used for food in the fresh state, with or without salt and spices, and enclosed in- suitable containers hermetically sealed. Meat loaf is a mixture of comminuted cooked meat, with or without spices, cereals, m'lk and eggs, and pressed into a loaf. If it bears a descriptive name, it corresponds thereto. Mince, mince meat, is a mixture of not less than ten (10) per cent of cooked, comminuted meat, v?ith chopped suet, apple and other fruit, salt and spices, and with sugar, syrup, or molasses, and with or without vinegar, fresh, concentrated, or fermented fruit juices or spirituous liquors. 3. Meat extract is the product obtained by extracting fresh nieat with boiling water and concentrating the liquid portion by evaporation after the removal of fat, and contains not les^, than seventy-five (75) per cent of total solids, of which not over iwmty'SeY§n {"a!) f&v .cent is ash, and not over twelve (12) per Wisco-nsin Dainj and Food Laws. , 33 cent is sodium chlorid (calculated from the total chlorin pres- ent), not, over six-tenths (0.6) per cent is fat, and not less than eight (8) per cent is nitrogen. The nitrogenous compounds contain not less than forty (40) per cent of meat bases and not less than ten (10) per cent of kreatin and kreatinin. Fluid meat extract is identical with meat extract except that it is concentrated to a lower degree and contains not more than seventy-five (75) and notless than fifty (50) per cent of total solids. Bone extract is the product obtained by extracting fresh, trimmed bones with boiling water and concentrating the liquid portion by evaporation after removal of fat, and contains not less than seventy-five (75) per cent of total solids. Flu'd bone extract is identical with bone extract except that it is concentrated to ^a lower degree and contains not tnore than seventy-five (75) and not less than fifty (50) per cent of total solids. Meat juice is the fluid portion of muscle fiber, obtained by pressure or otherwise, and may be concentrated by evaporation at a temperature below the eoagulating-ppint of the soluble proteids. The sol'ds contain not more than fifteen (15) per cent of ash, not more than two and five tenths (2.5) per cent of sodium chlorid (calculated from the total chlorin present), not more than four (4) nor less than two (2) per cent of phosphoric acid (Pj O5), and not less than twelve (12) per cent of nitrogen. The nitrogenous bodies contain not less than thirty-five (35) per cent of coagulable proteids and not more than forty (40) per cent of meat bases. Peptones are products prepared by the digestion of proteid material by means of enzymes or otherwise, and contain not less than ninety (90) per cent of proteoses and peptones. Gelatin (edible gelatin) is the purified, dried, inodorous product of the hydrolysis, by treatment with boiling water, of certain tissues, as skin, ligaments, and bones, from sound ani- mals, and contains not more than two (2) per cent of ash and not less than fifteen (15) per cent of nitrogen. 4. Lard is the rendered, fresh fat from hogs in good healtii at the time of slaughter, is clean, free from rancidity, and contains, necessarily incorporated in the process of rendering, not more than one (1) per cent of substances other than fatty acids and fat. Leaf lard is lard rendered at moderately high tempera- tures from the internal fat of the abdomen of the hog, exclud- ing that adherent to the intestines, and has an iodin number not greater than sixty (60). 8— D & F 34 Wisconsin Dairy and Food Laws. Neutral lard is lard rendered at low temperatures. 5. Milk is the fresh, clean, lacteal secretion obtained by the complete milking- of one or more. healthy cows, properly fed and kept, excluding that obtained within eight days before and four days after calving, and contains not less than eight and one half (8.5) per cent of solids not fat, and not less than three (3) per cent of milk fat. Modified milk is milk modified in its composition so as to have a definite and stated percentage of one or more of its constituents. Skim milk is milk from which a part or all of the cream has been removed, and contains not less than nine (9) per cent of milk solids. Pasteurized milk is milk that has been heated below boil- ing but sufficiently to kill most of the active organisms pres- ent and immediately cooled to fifty (50) degrees Fahrenheit or lower. Sterilized milk is milk that has been heated at the tem- perature of boiling water or higher for a length of time suffi- cient to kill all organisms present. Evaporated milk is milk from which a considerable por- tion of water has been evaporated, and contains not less than twenty-eight (28) per cent of milk solids, nor less than eight (8) per cent of milk fat. Condensed milk is milk from which a considerable portioa of water has been evaporated and to which sugar (sucrose) has been added, and contains not less than twenty-eight (28j per cent of milk solids, nor less than eight (8) per cent of milk fat. Condensed skim milk is skim milk from which a considerar ble portion of water has been evaporated. Butter milk is the product that remains when butter is re- moved from milk or cream in the process of churning. Goat's milk, ewe's milk, et cetera, are the fresh, clean, lac- teal secretions, free from colostrum, obtained by the complete| milking of healthy animals other than cows, properly fed and kept, and conform in name to the species of animals from which they are obtained. 6. Cream is that portion of milk, rich in milk fat, which rises to the surface of milk on standing, or is separated from it by centrifugal force, is fresh and clean, and contains not less than eighteen (18) per cent of milk fat. Evaporated cream, clotted cream, is cream from which a •considerable portion of water has been evaporated. Wisconsin Dairy and Pood Laws. 35 7. Milk fat, butter fat, is the fat of milk and has a Reiehert- Meissl. number not less than twenty-four (24) and- a specific gravity of not less than nine hundred five thousandths (0 905) lat forty degrees (40) Centigrade compared with water at the same temperature. 8. Butter is the clean, non-rancid product made by gather- ing in any manner the fat of fresh or ripened milk or cream into a mass, which also contains a small portion of the other milk constituents, with or without salt or added coloring matter, and contains not less than eighty-two and five tenths (82.5) per cent of milk fat. Renovated abutter, . prpcess butter, is the product made by melting butter and reworking, without the addition or use of chemicals or any substances except milk, cream, or salt, and contains not more than sixteen (16) per cent of water and at least eighty-two and five tenths (82.5) per cent of milk fat. 9. Cheese is the sound, solid, and ripened product made from milk or cream by coagulating the casein thereof with rennet or lactic acid, with or witljout the addition of ripen- ing ferments and seasoning, 'or added coloring matter and contains, in the water-free sutestanee, not less than fifty (50) per cent of milk fat. Skim milk chee.se is the sound, solid, and ripened product, made from skim milk by coagulating the casein thereof with rennet or lactic acid, with or without the addition of ripen- ing ferments and seasoning. Goat's milk cheese, ,ewe's milk cheese,- et cetera, are the sound, ripened products made. from the milks of the animals specified, by coagulating the casein thereof with rennet, or lactic acid, with or without the addition of ripening ferments and seasoning. 10. Ice cream is a frozen product made from cream and sugar, with or without a natural flavoring, and contains not less than fourteen (14) per cent of milk fat. Fruit ice cream is a frozen product made from cream, sugar, and sound, clean, mature fruits, and contains not less than twelve (12) per cent of milk fat. Nut ice cream is a frozen product made from cream, sugar, and sound, non-rancid nuts, and contains not loss than twelve (12) per cent of milk fat. 11. Whey is the product remaining after 1he removal of fat and casein from milk in the process of cheese-making. Kumiss is the product made by the alcoholic fermentation of mare's milk or cow's milk. 36 Wisconsin Dairy and Food Laws. 12. Grain is the fully matured, clean, sound, air-dry seed of wheat, maize, rice, oats, rye, buckwheat, barley, sorghum, millet, or spelt. Meal is the clean, sound product made by grinding grain. Flour is the fine, clean, sound product made by bolting wheat meal and contains not more than thirteen and one half (13.5) per cent of moisture, not less than one and twenty- five hundredths (1-25) per cent of nitrogen, not more than (1) per cent of ash, and not more than fifty hundredths (0.50) per cent of fibre. Graham flour is unbolted wheat meal. Gluten fiour is the clean, sound product made from flour by the removal of starch, and contains not less than five and six tenths (5.6) per cent of nitrogen and not more than ten (10) per cent of moisture. Maize meal, corn meal, Indian corn meal, is meal made from, sound maize grain, and contains not more than fourteen (14) per cent of moisture, not less than one and twelve hundredths (1.12) per cent of nitrogen, ard not more than one and six tenths (1.6) per cent of ash. Rice is the hulled, or hulled and polished grain of Oryza saliva. Oatmeal is meal made from hulled oats, and contains not more than twelve (12) per cent of moisture, not more than one and five tenths (1.5) per cent of crude fibre, not less than two and twenty-four hundredths (2.24) per cent of nitrogen, and not more than two and two tenths (2.2) per cent of ash. Rye flour is the fine, clean, sound product made by bolting rye meal, and contain.? not more than thirteen and one half (13.5) per cent of moisture, not less than one and thirty-six hundredths (1.36) per cent of nitrogen, and not more than one and twenty-five hundredths (1.25) per cent of ash. Buckwheat flour is bolted buckwheat meal and contains not more than twelve (12) per cent of moisture, not less than one and twenty-eight hundredths (128) per cent of nitrogen, and not more than one and seventy-five hundredths (1.75) per. cent of ash. 13. Fruits are the clean, sound, edible, fleshy fructifications of plants, distinguished by their sweet, acid, and ethereal flavors. Dried fruit is the clean, sound product made by drying mature, properly prepared, fresh fruit in such a way as to take up no harmful substance, and conforms in name to the; fruit used in its preparation; sun-dried fruit is dried fruit' Wisconsin Dairy and Fopd Laws. Sf made by drying without the use of artifici4li rtd^ns ;i t;l«£tp(oralted fruit is dried fruit made by drying with the use of artificial means. Evaporated apples are evaporated fruit made from peeled and cored apples, and contain not more than twenty-seven (27) per cent of moisture determined by the usual commer- cial method of drying for four (4) hours at the temperature of boiling water. Canned fruit is the sound product made by sterilizing clean, sound, properly matured and prepared fresh fruit, by heating, with or without sugar (sucrose) and spices, and keeping in suitable, clean, hermetically sealed containers, and conforms in name to the fruit used in its preparation. Preserve is the sound product made from clean, sound, properly matured and prepared fresh fruit and sugar (su- crose) syrup, with or without spices or vinegar, and conforms in name to that of the fruit used, and in its preparation -not less than forty-five (45) pounds of fruit are used to each fifty-five (55) pounds of sugar. Honey preserve is preserve in which honey is used in place of sugar (sucrose) syrup. GrlucOse preserve is preserve in which a glucijse product is used in place of sugar (sucrose) sirup. Jam, niarmalade, is the sound product made from clean, sound, properly matured and prepared fresh fruit and sugar (sucrose), with or without spices or vinegar by .boiling to a pulpy or semi-solid consistence, and conforms in name to the fruit used, and in its preparation not less than forty-five (45) pounds of fruit are used to each fifty-five (55) pounds of sugar. Glucose jam, glucose marmalade, is jam in which a glucose product is used in place of sugar (sucrose). Fruit butter is the sound product made from fruit juice and clean, sound, properly matured land prepared fruit, evap- orated to a semi-solid mass of homogeneous consistence, with or without the addition of sugar and spices or vinegar, and conforms in name to the fruit used in its preparation. Glucose fruit butter is fruit butter in which a glucose product is used in place of sugar (sucrose). Jelly is the sound, semi-solid, gelatinous product made by boiling clean, sound, properly matured and prepared fresh fruit with water, concentrating the expressed and strained juice, to which sugar (sucrose) is added, and conforms in name to the fruit used in its preparation. 38 ,1YW<'^?M P'^i'''y cse for sale. Under the English statute regulating the sale of mar- garine it has been held that margarine kept for sale upon the counter of a shop, but behind .i screen hiding it from the view of customers, is not exposed for sale (Crane v. Laivrenee, 25 Queen's B. Dlv., 152), and that parcels of mar- garine placed upon a counter or shelf, in view of customers, are exposed for sale, although so wrapped in paper that the margarine cannot be seen. Wheat V. Brown, [1S92] 1 Queen's B., 418. In "Jlassachuetts, from whence this section was borrowed (see first sentence of note), the court has said. In a case decided In 1893, that whenever goods are Wisconsin Dairy and Food Laws. 71 placed for convenient aeUvery upon expected sales tliey are put out and In one sense exposed for sale. But In our opiuion, the words are not so used in the statute under consideration. The prohibited articles are designed aud adapted to deceive the eye, and because their appearance is likely to induce those who see them to buy them as the genuine of butter of which they are in imitation, there is special reason for prohibiting their exposure to view. It was held that oleomargarine colored in imitation of yellow butter aud kept for sale in a shop so long as it was in a closed and covered refrigerator and could not be seen by customers, was not exposed for sale, notwithstanding there was a sign in the shop to the effect that oleomargarine was sold there. Commonwealth T. Byrnes, 15S Mass., 172. Sale, ivliut is. A restaurant keeper who furnishes oleomargarine to a cus- tomer, as part of a meal ordered by the latter, sells the same, notwithstanding the meal Is paid for as a whole aud the oleomargarine is not eaten, but carried away: Commonwealth v. Miller, 131 Pa., 118. A foreign manufacturer who put up oleomargarine in packages evidently adapted for and intended to meet the requirements Of an unlawful retail trade in another state, sending them to au agent there for sale to consumers, Is not engaged in Interstate commerce, but in an effort to carry on a forbidden busi- ness: Common weath v. Paul, 170 Pa., 284. Ruling; ol tlie supreme conrt of W^iscousin In Meyer v. State, 134 Wis., 156. One of the contentions of plaintiffs in error Is: "The court erred iu iuatructing the jury that, although the color of Exhibit A was produced solely by its ingredients they were to consider the claim made by the State that the ingredients were so selected aud used in the manufacture of the oleo- margariue sold, in such manner and in such quantities and proportion as to produce the oleomargarine so sold which was then and there in Imitation of yellow butter." The question whether the article sold by the defendants was the identical thing which is contraband by statute must be determined by the testimony of witnesses who have seen it, or by the testimony of witnesses, aided by an inspection of the article Itself, and its resemblance to yellow but- ter is a factor in such determination. If the article is in imitation of yellow butter, it matters not whether such Imitation is brought about by the addition of a dye or by the selection of Ingredients. Color is the impression given to the eye by lines of light of various rates of vibration. _ The reason for the natural color of bodies is a difficult subject, and one that is scarcely yet under- stood. It has perhaps some relation to the molecular or atomic structure of such bodies, but there is uo scientilic distinction so far as producing color is concerned between imitatiug or producing color by the addition of an ingre- dient known as a dye aud added for the puipose alone of producing a given color and the selection and addition of an ingredient which performs the same coloring function, but at the same time adds other qualities to the compound. The words, "which shall be in imitation of," used in describing the contraband compound, Imply a conscions imitation in the manufacture thereof. If one forming a compound of several ingredients knowingly select and use au ingre.- dient which imparts to the compound the color of yellow butter, he having choice of ingredients, he will have made his compound in imitation of yellow butter just as well as if he selected a dye. There is, however, this difference, viz., proof of the presence of the dye, which can have no other function than that of producing color shows the conscious imitation quite clearly, while proof of the selection of the Ingredients which produced the color of yellow butter, the person selecting having a choice of ingredients, is a fact from which- the jury is authorized to iufer a conscious imitation notwithstanding such ingre- dient so selected has other qualities or is in one of its forms or in one of its colors a necessary ingredient of oleomargarine. Whether or not the article in question is in Imitation of yellow butter cannot be determined alone by its resemblance to yellow butter, but resemblance aided by evidence of the exist- ence of a dye as one of Its ingredients, or resemblance aided by evidence of 72 Wisconsin Dairy and Food Laws. the existence of available uecessaiy ingrodieuts wliiuh will uot impart to tUe compound the color of yellow butter and of the existence of other available in- gredients which will impart to the compound the color of yellow butter, may be considered by the Jury as establishing or tending to establish conscious imi- tatiou by selection of ingredients. What is yellow butter and whether the article in question is in imitation of yellow butter are questions of fact. But upon the error assigned in refusing to direct a verdict of acquittal we are required to pass upon the question whether .there was in the ca'^e at bar a prima facie case made against the accused, and we think there was, because there was evidence from which the jury was authorized to Infer conscious imi- tation In the manufacture of the compound as herein indicated, and because there was evidence tending to show that the accused had knowledge that the compound in which they were dealing was not butter but oleomargarine, and that it resembled yellow butter. Upon this second branch of the inquiry, re- semblance to yellow butter, together with knowledge that the compound is not butter, with proof of the fact of selling, shipping, etc., will constitute a prima facie case. But it will be necessniy, of course, to cover by the proof both branches of the inquiry. We, therefore, find no error in refusing to direct a verdict of acquittal. Notice of sale of imitation butter. Section 4607 d, Statutes of 1898. Any person who shall sell or offer for sale to any person who asks, sends or inquires for butter, any oleomar- garine, butterine or any similar substance made in imitation or semblance of pure butter, not made entirely from the milk of cows, with or without coloring matter, or who shall expose for sale oleomargarine, butterine, or any similar substance not marked and distinguished on the outside of each tub, pack- age or parcel thereof' by a placard with the word "oleomarg- arine," and not having also upon every open tub, package or parcel thereof a placard with the word "oleomargarine," such placard in each case to be printed in plain, uncondensed gothic letters not less than one inch long, and not containing any other words thereon, or who shall sell oleomargarine, butterine or any similar substance from any dwelling, store, office or public mart, without having conspicuously posted thereon the placard or sign, in letters not less than four inches in length, "oleomargarine sold here," or "butterine sold here," which placard or sign shall be approved by the dairy and food commissioner of this state, or who shall . sell or de- liver from any cart, wagon or other vehicle, upon the public streets or ways, oleomargarine, butterine or any similar sub- stance, without having on the outside of both sides of .said cart, wagon or other vehicle a placard, in xmcondenscd gothic letters not less than three inches in length, "licensed to sell oleomargarine," or who shall furnish or cause to be fur- nished in any hotel, boarding-house, restaurant or at any lunch counter, oleomargarine, butterine or any similar substance to Wisconsin Dairy and Food Laws. 73 any guest or patron thereof, -withoiat first notifying such guest or patron that the substaijec so furnislied is not butter, shall, be punished as provided in the last preceding section. Vallility. It is "within tlie undoubted power of tlie legisliiture to pvoliHiit tlie sale of substances having the semlil.ince of butter or cheese, but not wholly made front pure cream or milli, unless each package of such substance should have printed, stamped or marked thereon, in the manner prescribed by the statute, the name of each article used in, or entering into, the composition of such substance, and this power is possessed by the legislature over the sale of articles protected by letters patent as well as of those not protected:" Palmer V. State, 39 Ohio St., 237. Notice. The provisions requiring notice are much like the corresponding clauses in ch. 412, Mass. actSj 1S91, and have been held not to be in conflict with the federal statute authorizing the sale of oleomargarine: Commonwealth ,. Crane, 15S Mass., 218. Notice given by printed sighs and on the bills of fare satisfies the statute; it need not be given, either orally or in writing, to each guest on every occa- sion when he Is furnished with oleomargarine or butterine in the stead of but- ter: Commonwealth v. Stewart, 159 Mass., 113. Sale by agent. The Massachusetts statute in terms provides that the pen- alty Imposed for the sale of oleomargarine which is not labeled as It prescribes shall be imposed whether the sale is made by the vendor or his agent. It Is held not to be a defense to show that the sale by the agent of an unmarked package or quantity was made through inadvertence; a guilty intent is not an element in the offense: Commonwealth v. Gray, 150 Mass., 327.^ Oleomareai'tiie. Tlie defendant in a prosecution for selling oleomargarine from a wagon without having the placard required cannot escape liability be- cause that sold by him is usually known as oleomargarine, looks like pure but- ter and is not easily distinguished there'from, and the other kind is dishonestly and designedly made in Imitation of the best pure butter. Tiie statute applies to all kinds: Commonwealth v. Crane, 162 Mass., 500. Imitation butter and cheese in state institutions. Section 4607e, Statutes of 1898. Any person who shall knowingly or negligently buy or procure for use as food in any of the charitable, correctional or penal institutions of this state any butter or cheese not made wholly and directly from pure milk or cream, salt and harmless coloring matter, shall be fined not exceeding fifty dollars nor less than twenty-five dollars for the first offense, and for each subsequent offense shall be punished by, imprisonment in the county jail not more than ninety days nor less than ten days, or by fine not exceeding one hundred dollars nor less than fifty dollars, or by both fine and imprisonment. Renovated butter; how marked. Section 4607 d—1. (Sec. 1, ch. 76, 1899, as amended by ch 34, 1905.) No person shall, himself, or by his agent or servant, sell, offer or expose for sale, or' have in his possession with intent to sell, or. exchange 74 Wisconsin Dairy and Food Laws. or deliver renovated butter, or butter which has been melted and its rancidity removed or masked, and which has been re- granulated, colored and prepared in imitation or in semblance of genuine creamery butter, unless the substance shall have the words "Renovated Butter" conspicuously stamped, labeled or marked in oiie or two lines and in plain Gothic letters, at least three-eighths of an inch square, so that the words can- not be easily defaced, upon two sides of each and every tub, firkin, box or package containing said renovated butter; or, if such butter is exposed for sale uncovered, or not in a case or package, a placard containing said words in the same form as above described in this section shall be attached to the mass in such a manner as to be easily seen and read by the purchaser ; and when renovated butter is sold from such pack- age or otherwise at retail, in print, roll or other form, before being delivered to the purchaser, it shall be wrapped in wrap- pers plainly stamped on the outside thereof with the words "Renovated Butter," printed or stamped thereon in one or two lines and in plain Gothic letters at least three-eighths of an inch square, and such wrapper shall contain no other words or printing thereon, and said words "Renovated Butter" so stamped or printed on the said wrapper shall not be in any manner concealed, but shall be in plain view of the purchaser at the time of the purchase. ^ Penalty. Section 4607d— 2. (See. 2, ch 76, 1899.) Any per- son who shall violate any of the provisions of this act (the preceding paragraph) shall be guilty of a misdemeanor, and upon conviction thereof, be fined not less than tw^enty-five nor more than one hundred dollars. Adulterated honey; penalty. Section 4607f— 1. (Sec. 1, ch. 229, 1905.) No person shall, himself, or by his agent or serv- ant, sell, offer or expose for sale or have in his possession with intent to sell as and for honey any substance whatsoever that is not the legitimate and exclusive product of the honey bee, to- wit, the nectar of flowers, honey dew and natural saccharine exudations of plants gathered and stored in the comb by bees. Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars or by imprisonment in the county jail not less than thirty days nor more than sixty days. Wisconsin Dairy and Food Laws. 75 Sale, etc., of diseased meat, killing diseased animal, etc. Section 4607g'. Any person -who shall sell or expose for sale, or give away for use as food, or can or pack for the purpose of transportation to and sale in any market or place any un- wholesome, stale, emaciated, blown, tainted, putrid or measly meat, or the flesh of any diseased animal or of any animal not slaughtered for the purpose of food knowing or having good reason to believe that such meat is as above described, or that such flesh is the flesh of a diseased animal or of an animal not slaughtered for such purpose, and any person or corpora- tion owning or operating any slaughter-house or packing es- tablishment in this state who shall receive for the purpose of killing, OT kill, any diseased animal, or render the carcass of any animal that shall die by disease or in consequence of ex- posure, or that shall not have been slaughtered for food, know- ing or having good reason to believe that such animal was diseased, or had died from disease or in consequence of ex- posure, or had not been slaughtered for food, such person shall be punished by imprisonment in the county jail not exceeding six months nor less than ten days, or by fine of not more than one hundred dollars nor less than ten dollars, or both, and such corporation shall be fined not more than five hundred dol- lars nor less than ten dollars. Obstructing dairy and food officers ; penalty. Section 4607h. (As amended by eh. 78, 1907.) Any person who shall obstruct the dairy and food commissioner of this state or either of his assistants, chemists or inspectors in the performance of their duty by refusing him entrance to any place he is authorized to enter or by refusing to deliver to him a sample of any article of food, drink or drug made, sold, offered, or- exposed for sale by the person to whom request therefor is made if the value thereof is tendered, shall be * * * guilty of a misde- meanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars or by imprisonment in the county jail not less than ten days nor more than-sixty days. Sale of vinegar; standards therefor; penalty. Section 4607i. (As amended by ch. 297, 1905, as amended by ch. 370, 1907.) No person shall sell, manufacture for sale, offer or expose for sale or have in his possession with intent to sell as apple, orchard or cider vinegar, any vinegar which has not been made exclusively by the fermentation of pure apple juice. 76 Wisconsin Dairy and Food Laws. known as apple eider; or vinegar which contains any foreiga substance whatsoever; or vinegar which shall contain less than * * * four per centum by weight of absolute acetic acid; or vinegar which shall be found to contain less than one and * * * six tenths per centum by weight of pure cider vinegar solids upon full evaporation at two- hundred and twelve degrees Fahrenheit and no person shall sell, offer or expose for sale or have in possession with intent to sell any cider -vinegar unless each barrel, cask,, * * * keg, or other original package or original container, containing the same, be plainly stenciled or branded or labeled, * * * with the words "Cider Vinegar," together with the name and place of business of the manufacturer thereof, and the strength of the vinegar contained in said barrel, cask, * * * keg or other original package or original container, containing the same, which strength shall be denoted by the per centum by weight of aUsolute acetic acid contained in said vinegar. And no person shall manufacture for sale, offer or expose for sale or have in possession with intent to sell, or sell, any vinegar which shall be adulterated within the meaning of sections 4600 and 4601 of the statutes of 1898, and laws amendatory thereof ; or any vinegar which shall contain less than four * • • per centum by weight of absolute acetic acid; or vinegar which shall contain any artificial coloring matter or any prep- aration of lead, copper, sulphuric or other mineral acids, or any acid made from the distillation of wood or any ingredient injurious to health. And no person shall sell, offer or expose for sale or haye in his possession with intent to sell any vine- gar (except cider vinegar) made by fermentation without the intervention of distillation unless each barrel, cask, * * • keg, or other original package, or original container, contain- ing the same, be plainly stenciled or branded or labeled, * * * with the name and place of business of the manufacturer of said vinegar, and the strength of the vinegar contained in said barrel, cask, * * * keg, or other original package or original container, containing the same, which strength shall be denoted by the per centum by weight of absolute acetic acid contained in said vinegar, together with the words "Fer- mented Vinegar" and the true name of the fruit or substance from which said vinegar is made, And ho person shall sell, offer or expose for sale or have in his possession with intent to sell any vinegar made wholly or in part from distilled liquor unless each barrel, cask, * * .* keg, or other original package or original container, containing the same, be plainly Wisconsin Dairy and Food Laws. 77 stenciled or branded or labeled, * * * witb the words * * * "Spirit Vinegar," together with the name and place of business of the manufacturer or dealer thereof and the strength of the vinegar contained in said barrel, cask, * • * keg, or other original package or original container, contain- ing the same, which strength shall be denoted by the per centum by weight of absolute acetic acid contained in said vinegar. And no person shall sell, offer or expose for sale or ha,ve in his possession Avith intent to sell, any vinegar un- less the stencil, brand or label hereinbefore required shall in the caese- of barrel, cask or keg be in black letters and figures at least one inch in height on one head of said barrel, cask or keg", „and in case of other original package or original con- tan ier in black letters and figures not smaller than eight-point Brevier caps on the outside of each original package or origi- nal container thereof. Any person who shall be found guilty of violating any of the provisions of this section shall * * * be guilty of a misdemeanor and on conviction shall be punished by fine not less than twenty-five dollars nor more than one hundred dol- lars or by imprisonment in the county jail not less than ten days nor more than sixty days. Coloring matter. It is competent for the legislature to make It a misde- meanor to add artificial coloring matter to vinegar, regardless of whether the matter added is injnrious to the health of the consumer or not: People v. GIrard, 73 Hun (N. T.), 457. Where, in the manufacture of vinegar, low wine, formed from fermented frrain, is, previously to its acetification, passed through roasted malt, not for the purpose of adding any substantial ingredient to the vinegar, but for the purpose of giving it color as well as aroma and flavor, and without such treat- ment the vinegar would be colorless, the vinegar so produced contains artificial coloring matter: Weller v. State, 53 Ohio St., 77. Vnliaitj-. It is provided by a Michigan law crubllc Acts of 1897, No. 71), "that no person shall manufacture for sale, offer or expose for sale, sell or deliver, or have in his possession with intent to sell or deliver, any vinegar not in compliance with the provisions of this act. No vinegar shall be sold as apple, orchard or cider vinegar which is not the legltimaie product of pure apple juice, known nsf apple cider rr vinegar not made exclusively of said apple cider or vinegar into which foreign substance, drugs or adds have been introduced, as may appear upon proper tests, and upon said tests shall con- tain not less than one and three-fourths per oeiit., by weight, of cider vinegar sol.'ds upon full evaporation at the temperature of boiling water." That "all yinoirar made by fermentation and oxidation without the intervention of dis- tillation, shall be branded 'fcrmeptcd vinegar,' with the name of the fruit or snbstance from which the same is made. And all vinegar made wholly or In part frnm distilVd liquor shall be branded 'distilled vinegar,' and all of such distilled vinegar shall be free from coloring ma^tter added during or after dis- tillation, and from color other than imparted to it by distillation. And all fermented vinegar not distilled shall contain not less than one and three- fourths per cent., by weight, upon full evaporation (at the temperature of 78 Wisconsin Dairy and Food Laws. boiling water) of solids, coutalned iu the fruit or grain from which said vine- gar Is fermented, and said vinegar shall contain not less thkn two and a half- tenths of one per cent, ash or mineral matter, the same being the product of the material from which said vinegar is manufactured. And all vinegar shall be made wholly from the fruit or grain from which it purports to be or is represented to he made, and shall contain no foreigti substance, and shall con- tain not less than four per cent., by weight, of absolute acetic acid." ■ "Under that law it was held, 1. That cider vinegar must contain the required quantity of ash or mineral matter as well as the stated per cent, of cider vinegar solids. 2. That the act could not be declared void as beyond the police power of the state because it imposed an unreasonable and arbitrary test, that being a question for the legislature. 3. That it was not for the jury or the court to determine from expert chemical testimony whether the act was un- reasonable. 4. That a person convicted of violating the act was not deprived of property without due process of law because he could not obtain a sample of the vinegar in question for analysis, he not being. so prevented by any per- son connected with the prosecution, and the law not requiring that the accused be furnished with a sample. 5. That the law was violated by the sale of vinegar below (he standard, though the seller was not aware of the fact that the v-negar sold was of that character: People v. Worden Grocer Co., 77 N. W. Eep., 315. Cleanliness of dairy cows and utensils; penalty. Section 4607i. Any person owning or managing a dairy, the product of which is sold for family use, who shall feed his cows upon unwholesome food or keep them in unclean stables or handle the milk with unclean utensils shall be deemed guilty of a misdemeanor and upon conviction thereof be fined not less than twenty-five dollars ^nor more than one hundred dollars for the first offense, and not less than one hundred dollars nor more than two hundred dollars for each subsequent of- fense. Sale of impure ice ; notice of place where ice was cut. Sec- tion 4607/i;. No person or corporation shall sell or offer for sale or cause the same to be done within this state, for do- mestic, culinary or drinking purposes, any ice which contains mud, decayed vegetation, animal or foreign matter or malarial substance. Every person or corporation offering ice for sale shall have posted on his or its wagons, in a conspicuous man- ner, the name of the place from which the ice so offered for sale was cut, harvested or manufactured, and all persons or corporations dealing in or handling impure ice, to be used for cooling purposes only, shall have their wagon so labeled. Any person who or corporation Avhich violates any of the provi- sions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than fifty, dollars, or more than one hundred dollars. Antiseptics, etc , in meat products ; penalty. Section 4608 1. (Sec. 1, ch. 243, 1901, and ch. 261, 1905.) Any person who by Wisccnisin Dairy and Food Laws. 79 himself or his agent shall offer or expose for sale, take or- ders for, or sell, or have in his possession with intent to sell for use or consumption within the state any sausage or chopped meat compound containing any artificial col- oring, or chemical preservative or antiseptic, except common salt, saltpetre, spices or wood smoke shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than twenty-five dollars nor more than one hundred dollars. Sale of maple sugar and maple syrup regulated. Section 4608m. (Ch. 151, 1905.) Any person who shall manufacture for sale, sell, or offer or expose for sale, or have in his posses- sion with intent to sell, as and for maple sugar or maple syrup, any article other than the unadulterated product pro- duced by ths evaporation of pure sap from the maple tree, shall forfeit to the state of Wisconsin, the sum of not less than twenty-five dollars nor more than one hundred dollars. Buckwheat flour. Section 4608p. (Sec. 1, ch. 187, 1905.) No person shall manufacture for sale within this state, or offer or expose for sale, have in possession with intent to sell or sell or exchange any ground buckwheat containing any product of wheat, corn, rice or other foreign sub- stance, unless each and every package thereof shall be dis- tinctly branded or labeled iu letters not less than one-half inch in length with the name of the maker and factory, and the lo- cation of such factory, and the words "Buckwheat Flour Compound," together with the words, "This buckwheat flour compound contains the follo\Yihg ingredients and none other" and immediately after the latter words shall appear in the same size letters the true names of each and every ingredient of such mixture or compound. Provided, that this act shall not be construed as prohibiting the manufacture and sale of Self-Rising Buckwheat Flour when labeled or branded as such and when the same consists only of pure buckwheat flour, salt, sodium bicarbonate and calcium acid phosphate, cream of tartar or tartaric acid. Labels. Section 4608q (Sec. 2, ch. 187, 1905.) Any brand or label herein required shall be an inseparable part of the general or distinguishing label, and such label shall be that principal and conspicuous sign under which it is sold, and any other label or printed matter upon the package shall not be in contravention of the requirements of this act. 80 Wisconsin Dairy and Food Laws. Presumption. Section 4608r. (Sec. 3, ch. 187, 1905.) The having in possession of any buckwheat flour compound, which is not branded or labeled as hereinbefore required and" di- rected upon the part of any. person engaged in the public or private sale of such article, shall, for the purpose of this act, be deemed prima facie evidence of intent to sell the same. Sale, what. Section 4608s. (Sec. 4, ch. 187, 1905 ) The ';aking of orders or the making of agreements or contract b,> any person, firm or corporation or by any agent or representa- tive thereof, for the future delivery of buckwheat flour com- pound shall be deemed a sale within the meaning of this act. Penalty. Section 4608t. (Sec. 5, ch. 187, 1905.) Any person who shall violate any of the provisions of this act shall be deemed guilty of a misdemeanor, and upon con- viction thereof shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars, or b^' imprisonment in the county jail for a period of not less than thirty nor more than ninety days, or by both such fine and imprisonment, in the discretion of the court. Lemon and vanilla extracts. Section 4608u. (Ch. 228, 1905.) Any person who shall manufacture for sale, sell, or offer or expose for sale or have in his possession with intent to sell as and for lemon extract, or extract of lemon, or essence of lemon or lemon essence, or spirits of lemon, or under any designation which includes any of the aforesaid names any preparation other than a solution con- taining not less than five percentum, by volume, of pure lemon oil in ethyl alcohol; or any person who shall manufacture for sale, sell, or offer or expose for sale or have in his possession with intent to sell as and for vanilla extract, or extract of vanilla or tincture of vanilla, or vanilla tincture, or under any designation which includes any of the aforesaid names any preparation which shall contain any flavoring or coloring in- gredient other than those derived from pure vanilla bean, shall forfeit to the state of Wisconsin the sum of not less than twenty-five dollars nor more than one hundred dollars. Providing nothing in this act shall prohibit the manufacture of the above specified articles for sale and shipment without the state. Quarterly bulletins. Section 335p. (Ch. 519, 1907.) The said dairy and food commissioner may also, with the consent of the governor, and in accordance with the laws regulating Wisconsin Dairy and Food Laws. 81 the printing and publication of public documents or bulle- tins, prepare, print and distribute to such persons as may be interested, or may apply therefor, a quarterly or semi-annual bulletin in suitable paper covers, containing results of in- spections, results of analyses made by the chemist for the dairy and food commission, with popular explanations of the same and such other information as may come to him in his official capacity, relating to the adulteration of food, drug and drink products and of dairy products so far as he may deem the same of benefit and advantage to the public ; also a brief sum- mary of the work done during the quarter by the commi.:!- sioner and his assistants in the enforcement of the dairy and food laws of the state; but not more than fifteen thousand copies of each such quarterly bulletin shall be printed. 82 Supreme Court Decisions. SUPREME COURT DECISIONS. The following compilation of supreme court decisions is taken from the report of Commissioner Jones of Illinois, 1906. The following compilation of Supreme Court decisions is given that the rules for construing food laws may be understood and that the public may know what protection they have, and dealers may know to what extent and when they are liable under the laws, as construed by courts of last resort, and the first to be considered and the one most frequently presented is the question of intent. IGNOBANCE OF FACT OF ADULTERATION DOES NOT EXCUSE DEALER. That a dealer may not know that an article sold or offered for rale is adulterated and yet be liable to punishment for selling or offering the same for sale, when selling or offering for sale, or having in possession with intent to sell, is prohibited by statute, I think well settled, as will be seen by an examination of the compilation of authorities hereinafter set forth and the rules as well as the reason therefor will be found In the case of State vs. Kelly, 54 0. S., 166, as follows: At page 177 the Court states that ,the law under which the prosecution was brought, it being the first section of the Act of March 20, 1884 (Sec. 8805—1, rev. statutes), "That no person shall, within this State, manufacture for sale, oCtcr tor sale or sell any drug or article of food which Is adulterated within the meaning of this Act." Further on, at page 178, the Court reasons: The Act is'not a provision for the punishment of those who sell adulterated foods or drugs, because of any supposed turpitude prompting such sales. Its purpose is indicated by its title. It is "An Act to provide against the adul- teration of foods and drugs." It is a plan devised by the General Assembly to protect the public against the hurtful consequences of the sales of adul- terated foods and drugs, those consequences being in no degree Increased by the vendor's knowledge or diminished by his ignorance of the adulteration of the articles which he offers for sale. The provisions of the Act are appro- priate to the purposes indicated by its title. It would have been inconsistent with that purpose to provide for the trial of such immaterial issues as the object of the vendor in mailing a sale or of the extent of his tnowledge toucli- ing the quality of the article sold. Those who produce the adulterated articles whose sale is forbidden may live without the State. Purpose and knowledge, except when they are indicated by the character of the forbidden act, are, in most cases, insusceptible of proof. If this statute had imposed upon the State the burden of proving the purpose of the vendor in selling an article of food or his knowledge of its adulteration, it would thereby have de- feated its declared purpose. Since it is the duty of courts to so construe doubtful statutes as to give effect to the purpose of the Legislature, they can- Supreme Court Decisions. 8S not iu case of a statute whose provisions are unamblffuous and wliose validity is clear, defeat its purpose by construction. The Court furtlier along, citing cases, reasons: In Commonwealth vs. Farren, 9 Allen, 4S9, In construing a statute which provides that "whoever sells or keeps or offers for sale adulterated milk or milk to which water or any foreign substance has been added" shall be punisljcd as provided. It was held that it is not necessary either to allege or prove that the accused knew that the milk he offered for sale was adulter- ated. With respect to a similar statute the same conclusion was reached in State vs. Smith, 10 R. I., 258. If knowledge of the adulteration were an ele- ment of the offense, it would be incumbent upon the State to establish it; but since it is not, the defendant could derive no advantage from any evidence tending to show the absence of such knowledge. And tlie Court concltided this decision on page 180 with the following language : In the enactment of this statute, it was the evident purpose of the General Assembly to protect the public against the harmful consequences of the sales of adulterated food and drugs, aud, to the end that Its purpose might not be defeated, to require the seller at his peril to know that the article which he offers for sale is not adulterated, or to demand of those from whom he pur- chases indemnity against the penalties that may be imposed upon him be- cause of their concealment of the adulteration of the articles. It is a well settled principle of law, established by an almost unvarying current of authorities both in this country and England, that guilty knowl- edge on the part of the seller need not be averred and proved, unless it is an sssential element in the offense charged. In the opinion Just delivered by the circuit court of Summitt county, in David Meyer vs. The State, 10 C. C. R., 226, Hale, J., says: "It may be fairly inferred that the legislature of the state intended by this positive enactment to prohibit absolutely the sale of adulterated wine, and that knowledge by the accused of its adulteration Is not an essential element of the crime. It must be conceded that the object and purpose of this statute, if not wliolly subverted, would be weakened to that extent that it would in nowise accomplish the results intended by its enactment, if the accused may go acquit by simply showing that he did not know the nature of the article sold. Food is sold to be consumed. The pur- chaser is under no obligation to analyze the article purchased for that pur- pose, to ascertain whether it contains substance injurious to health, nor would it be practicable for him to do so, and it should be no answer to his complaint that the seller had no knowledge of the impurity; nor should it be a defense to the seller when called to account by the state to answer that he was ignor- ant of the substance he was selling. We see no injustice in holding the seller of food products responsible for what he sells, and in casting upon him the burden of knowing whether the food does, or does not, fall within the pro- hibition of the statute, with that care and honesty which is Incumbent on the seller of such products." In People vs. Kibler, 106 N. T., 321, the defendant was charged with selling adulterated milk. The defendant was not permitted by the trial court to show an absence of criminal intent, or to go to the Jury upon the question whether it existed, but was condemned under a charge which made his intent wholly immaterial, and his guilt consists in having sold the adulterated article, whether he knew it or not. Finch, J., in delivering the opinion of the court, said: "As the law stands, knowledge or intention forms no element of the offense." This legislation is Justified on the ground that use of the inhibited "articles ■used for food and drink by man," is Injurious to the public health; and par- ticularly because the adulterated articles of food and drink cannot be easily distinguished from the genuine, and are so readily substituted for it, as to work a fraud upon all the people who actually use and consume such articles 6-D & F 84 Supreme Court Decisioois. nnd things, as well ns iipon purcliasers of the counterfeit food, iu place of the genuine food and drink. Any article of food or drink eitlier manufactured or sold as liein.sf what it is named, would indicate to the public that it is a genuine article of its kind aud species, which, if not pure and free from 'adulteration of every kind, would fairly come within the spirit aud object of the Act, \s-ltliout reference to the extent of such adulteration, or the peculiar process of manufacture, and though the product be wholly similated. The enactment of laws for the. protection of the public from fraud and de- ception in articles "used for food aud drink by man, whether simpte, mixed or compound," is a legitimate, needful and necessary exercise of the police power of the State by the Legislature. Such legislation Is clearly -a-iilun tl'.e scope of legislative authority conferred by the Constitution of Illinois. "A fraud is, of couise, a Uespasfi i.pau another's private rights, and can always "be punished when committed. It Is, therefore, but rational to sup- pose that the State may institute every reasonable preventive remedy when the frequency of frauds or the difSculty experienced in circumventing them is so great that no other means Avill prove efficacious. Where, therefore, police regulations are established which sive the private parties increased facilities for detecting and preventing fraud as a general proposition, these laws are free from all constitutional objections." Tiedman on Police Lim., 207. Foods, what aee addlteeatioks? Adulteration Is the corruption by mixture with some foreign substance or with what is less valuable. People vs. West, U Hun. (N. Y.), 162; Com. vs. Hough, 1 Pa. Dist. Rep., 51. Addition of water is adulteration. Com. vs. Scheffner, 146 Mass., 512. I'ersons making sales of .".dulleraled food which is prohiliited by stauito to be sold do so at their peril. It is within the valid exercise of the police power of a state to enforce a penalty for the sale of adulterated articles o£ focd or drinii even xliouffh the seilei- Iiad no knowledge of the adulteration. People vs. fciuowberfer, 113 Jlich., S6; People vs. Wordeu Grocery Co., 118 Mich., 604; State vs. Kelly, supra; Bissman vs. State, 9 Ohio C. C.^714; Com. vs. Farran, 9 Allen (Mass.), 489; Same vs. Nichols, 10 Allen (Mass.) 190; Same •vs. Evans, 132 Mass., 11. Statutes prohibiting sale of adulterated provisions are valid. State vs. Mar- shall, 64 N. H. Persons furnishing provisions for market liable for violations. Hunter vs. State, 1 Head (Tenn.), 160; People vs. Parker, 38 N. Y., 35. Adulterated food need not be shown to have produced sickness to convict. Goodrich vs. People, 19 N. Y., 577; Com. vs. Kolb, 13 Pa. Super. Ct., 347. The master is liable for sale by servant. Com. vs. Gray, 150 Mass., 387; Com. vs. Warren, 160 Mass., 533; Com. vs. Vcith, 155 Mass., 442; Bissman vs. State, 9 Ohio C. C, 714. Possession by servant is possession by master. Com. vs. Proctor, 165 Mass., 38. Penalty may be recovered in civil suit and is' not crime. State vs. Grove, 77 Wis., 448; Cloud vs. Hewitt, 5 Fed. Cases, 1983., A food Inspector cannot compel, by injunction a manufacturer to sell an article of food for analysis, his remedy is by prosecuting under section for refusing to furnish. State vs. Capital City Dairy Co., 62 Ohio St., 123. Possession of adulterated tea for sale is nuisance. Health Department vs. Purdon, 99 N. Y., 237. To offer liquid chicory and coffee as "liquid coffee" is offense against food law. State vs. Dreher, 65 Ohio St., 115. Selling raspberry syrup containing salcylic acid is violation and question whether injurious to health or not is not material. Com. vs. Kevin, 1 Penn. Supr. Ct., 414. Supreme Court Becisiojxs. 85 Any person may mate complaint of violations of food laws. Menliour vs. State, 157 Ind., 517; Com. vs. Mullen, 176 Mass., 132. Under statute as to sale of article it is not necessary to allege that factory ■n-as a "full cream" factory where the sale was for selling slsim milt to other than "skim milk" factory. People vs. Spees, 46 N. T. Supp., 995. Official character of chemist established prima facie by his testimony. Vand- ergrift vs. Niehla (N. J., IMn), 49 A., 16« Labd. Law requiring lard to be labeled stating ingredients, etc.. Is valid. State vs. Snow, 81 Iowa, 642; State vs. Aslesen, 50 Minn., 5. Cottolene manufactured to resemble lard should be marked "Lard Substi- tute" under statute requiring, lard substitutes to be so labeled. Stat& vs. Hansen (Minn.), 54 L. B. A., 468. Vinegar. Standard may be fixed and vinegar must comply. People vs. Worden Grocery Co., lis Mich., 604. Adulteration and artificial coloring of vinegar may be prohibited. Weller vs. State, 85 Ohio St., 259. oloriii'.;- vh!o~;u- during mruufacturp is artificial color. Weller vs. State, Supra. Act forbidding manufacture and sale of vinegar containing artificial matter is valid. People vs. Girard, 145 N. T., 105. LlQUOES. It is not unconstitutional to prohibit the sophistication or adulteration ot wine. Ex parte Kohler, 74 Cal., 38. Law prohibiting manufacture of beer or malt liquor from substances, etc., other than hops, etc.. Is accurate though it does not name water as proper material. State vs. Bixman, 162 Mo., 1. If beer contains salicylic acid and is not so labeled and It Is by, constant use injurious to health, it is an offense to sell the same under the food laws as to adulteration. Whislcey is a drug under adulteration clause. It Is offense to adulterate whisky even though sold as beverage. State vs. Hutchinson,^ 56 Ohio, 82; Same vs. Same, 55 Ohio, 573. On prosecution for sale of adulterated whiskey It Is Immaterial that It was by saloon keeper and as a beverage. State vs. Hutchinson, 56 Ohio St., 82. It is not necessary to show that the add in wine is injurious to health in order to sustain prosecution for selling adulterated food and drink. The putting of ac:d therein is an rdnlteration. State vs. Hays, 7 Ohio N. P., 624. To sustain conviction for selling adulterated wine It Is not necessary to prove seller knew it was adulterated'. Altschul vs. State, 8 Ohio CIr. Ct. Sep., 214. Agent of principal who Is now resident is liable If he only sends order to principal to ship goods to buyer. Meyer vs. State, 54 Ohio St., 242. Baking Powder. The formula of leaking powder may be required— no man has the constitu- tional right to keep secret the composition of substances he sells to public as food. State vs. Aslesen, 50 Minn., 5; State vs. Sherod; State va. Horrl- gan, 80 Minn., 446; State vs. O'Grady. Alum baking powder must be marked as required by law. Stolz vs. Thomp- son, 44 Minn., 271. 86 Supreme Court Decisions. Stand ABDS. Laws providing for board of health to make minimum standard Is not un constitutional and the law tools effect because of the power that made the law and the taking effect was only delayed till the standard was made. Isen- hour vs. State, 167 lud., BIT; City of Gioverville vs. Enos, 72 N. T. St., 398. DliRT Peoducts. The adulteration of milk may be prohibited although It be sold openly, fairly and with notice and although the adulteration Is harmless. State vs. Schlenker, 118 Iowa, 64». Term milk includes cream and addition of boracle acid Is adulteration. Com. vs. Gordon, 159 Mass., 8. If percentage of water in milk Is fixed at ndt more than 87 per cent and milk solids not less than 13 per cent If it contains a greater per cent of water must be sold as skim milk, and if not seller Is liable. Com. vs. Tobias, 149 Mass., 129. In prosecution for selling adulterated milk it Is immaterial how quantity of milk solids have been reduced below standard. Com. vs. Bowers, 140 Mass., 483. To convict for selling adulterated milk It is sufficient to show that glass of adulterated milk was sold. Com. vs. Veith, IK Mass., 442; Com. vs. War- ren, 160 Mass., 53S. Act prohibiting sale of adulterated milk is constitutional. State vs. Schlen- ker, 112 Iowa, 642. Milk or cream taken from man from wagon at early hour In morning; held, defendant was offering cream for sale under the evidence submitted. People vs. Hills, 72 N. T., 340. Affidavit charging defendant In possession of adulterated milk although It does not charge that he adulterated It Is good. Isenhour vs. State, 157 Ind., 517. Proof of criminal Intent Is unnecessary. Com. vs. White, 11 Allen, (Mass.), 264; Com. vs. Smith, 103 Mass., 444; Com. vs. Warren, 160 Mass., B53; Com. vs. Veith, 155 Mass., 442. The keeping or offering for sale or having in possession with Intent to sell of adulterated milk Is violation of law. People vs. Justice, 7 Hon. (N. T.), 214; Polinsky vs. People, 73 N. T., 65. A law which requires all milk to come up to a certain standard Is a valid exercise of police powers. Deems vs. Mayor, 80 Md., 164; State vs. Crescent Creamery Co., 83 Minn., 284; Kansas City vs. Cook, 30 Mo. App., 660; State vs. Campbell, 64 N. H., 402; State vs. Smith, 14 H. I., 100; 51 Am. Hep., S4J; Baker vs. Luther, 20 H. I., 472. It is not necessary to show that a person se'lllng milk knows that Is below the legal standard. The legislature has the power to pass a law, the viola- tion of which may be punished without regard to motive or knowledge on the part of violator. Vandergrift vs. Niehia, (N. J., 1901), 49 A., 16; State vs, Schlenker, 12 la., 642; People vs. Schaeffer, 41 Hun. (N. T.), 23; Same vs. Cipperly, 101 N. Y., 634; Same vs. Klbler, 106 N. T., 321; Same vs. Eddy, 12 N. T. Supp., 628. Kegulation of the sale of dairy products by law Is constitutional. Holt- grieve vs. State, 7 Ohio N. P., 389. Cans or vessels from which skimmed milk Is sold must be labeled aa pro- vided by law. Com. vs. Hugh, 1st Pa. DIst. Eep., 61. Milk delivered to a purchaser of a meal as a part thereof Is a sale as though bought and paid for apart from the meal. Com. vs. Warren, 160 Mass., 533. It Is not unconstitutional to declare by law that a certain class of people shall not sell Impure milk within the city or village even though the law Is not Intended to apply to other persons who sell milk In the country. State vs. Broadbelt, 89 Md., 6«5. Supreme Court Decisions. 87 Vendors of milk may be required to register. City of OlOTersyllle vs. Bnos, 73 N. T. St., 898. An honorably dlscbarged soldier must register before recelylug license. City of Gloversville vs. Enos, Supra. It Is not necessary to show the particular manner in which analysis was made. Vandergrlft vs. Niehla, (N. J., 1901), 49 A., 18. The state may fix an arbitrary standard below which milk can not be sold and evidence that the milk was below that standard when given by the cow Is not a defense. State vs. Campbell, W N. H., 402.! Evidence that defendant's cows were properly fed Is not admissible to dis- credit chemist's analysis. State vs. Campbell, Supra. Evidence that defendant on a wagon had a license and had milk can In one of which was adulterated milk Is sufficient evidence that he was in possession of adulterated milk with Intent to sell the same. Com. vs. Eowell, 146 Mass., 128. Evidence that defendant was on street in. a wagon at an early hour with several cans from one of which inspector took a sample which can was not marked "Skimmed Milk" and the milk on analysis was below standard Is suf- ficient evidence to show an intent to sell the milk in the wagon. Com. vs. Smith, 142 Mass., 169. When the law requires the record of an analysis to be made and preserved as evidence and a certificate of such analysis sworn to by the analyst is made admissible in evidence against a defendant an averment that'the milk was not of the standard quality, is sufficient. Com. vs. Lapham, 156 Mass., 480. The evidence of the person who analyzed the milk'and who is shown to have sufficient s-kill to analyze milk is admissible. Com. vs. Holt, 146 Mass., 38. The state may authorize the analysis of milk and evidence thereof may be given In even though the milk has been destroyed. State vs. Campbell, 64 N. H., 402. Evidence of a test of milk even though made nearly a year after the sale of the milk, is admissible. Stearns vs. Ingraham, 1 Thomp. & Co. (N. Y.), 218. Cheese. Evidence that cheese made from milk, which was lumpy and bloody. Is bloated and puffed and Inferior in qu.nllty and that some cheese manufactured from milk furnished by the defendant in common with others was so bloated and puffed Is sufficient to show that the milk furnished by the defendant was lumpy or bloody. Bilgrien vs. Dowe, 91 Wis., 393. States requiring cheese to be branded with the name and address of the manufacturer and the kind of cheese It is. Is valid and the lettering must be the required size. 6th Pa. Dist. ^ep., 689. If cheese is made out of the state the dealer may brand with his name and address. 20 Pa., Co. Ct., 61. Oleomabgabine. An Act which prevents the mannfacture or sale of Imitation butter or cheese does not violate the rights of a patentee or manufacturer. 39 Ohio St., 236; Palmer vs. State, 48 Am. Eep., 429; State vs. Capital City Dairy Co., 62 Ohio St., 350; 22 S. Ct, 120; Com. vs. Diefendaeher, 14 Penn. Super. Ct., 264. Oleomargarine must be marked as provided by law. Haines vs. The People, 7 Colo. App., 467; State vs. Dunbar, 13 Ore., 591. Statutes which prohibit the manufacture of substitutes or Imitations of but- ter are valid exercise of the police power and are constitutional. Cook vs. State, lib Ala., 40; Powell VS. Com., 114 Pa. St., 268; Com. vs. Shirley, 152 Pa. St., 170; Com. vs. MeCann, 14 Pa. St. Sup. Ct., 221; Pierce vs. State, 63 Ind., 592. It is unlawful to manufacture or sell products made from vegetable oils or Supreme Court Decisions. nnlrnal fnts or oils which nro designed to tnlse the place of butter or cheese. It is not necessary to prore the net be.roiirt a reasonable donbt; a preponder- ance of the erldence is suffloient. People vs. Brlggs, 114 N. Y., 56; State ts. Roeers, ns Me., 94; Palmer vs. State, 39 Ohio, 236. A state may exclnde any compound manufactured in another state and col- ored in imitation of yellow butter. State vs. Rogers, 95 Me., 94; Pox TS. State, 89 ;\Id., 3S1; Com. tk. Paul, 148 I'a. St., 559; Hancock ts. State, 89 Md., 725. Statutes which prohibit the manufacture or sale of any article in imitation of butter or cheese are within the police power of the state. Powell vs. Pa., 127 TT. S., 678; Walker vs. Pa.. 127 U. S., 699; In re. Brosnahan, 18 Fed. Rep., 62; Com. vs. Huntly, 156 Mass., 236; Butler vs. Chambers, 36 Minn., 69; State vs. Bockstruck, 136 Mo., 335; State vs. Addington, 77 Mo., 110; State vs. Ad- dington, 12 Mo. App., 2]/. In selling oleomargarine for butter the intention to deceive is not an essen- tial element of the offence: the sale is prohibited without regard to intention. State vs. Addington, 77 Mo., 110; State vs. Ryan, 70 N. II., 196; State vs. New- ton, 50 N. J. L., 549; Com. vs. Gray, 150 IMass., 327; People vs. Hellman, 68 N. Y. S., 66; Same vs. Same, 15 X. Y. C. R., 394. Furnishing oleomargarine as a part of a meal ordered by a customer is suf- ficient to convict a I'estaurant keeper of selling oleomargarine. Com. ts. Miller, 13 Pa. State, 118; Com. Alleghany Co. vs. Ilendiey, 7 Pa. Super. Ct, 365; State vs. Ball, 70 N. H., 40; Com. vs. Stewart, 159 Mass., 113; Hancock ts. State, 89 Md., 724. Person selling article for butter which is one-fourth part foreign matter Is guilty of Tiolating Act prohibiting sale of substance not butter as butter. Peo- ple vs. Mahaney, 7 Hun. (N. Y.), 26. An offer to sell may be inferred from exposin.g oleomargarine not labeled as such upon the shelves or cnuntcr v, lib other pure butter. State vs. Dunbar, 13 Or., 591. Statute requiring both sides of wauon selling oleomargarine to be placarded with uncoudensed gothie letters not loss than three inches in length, "Li- censed to sell Oleoumrgarine," is not complied witli by putting placard on inside of covered wagon. Com. vs. Crane, 157 Mass., 218. Sample illegally tal;en may be used as evidence in prosecution for exposing oleomargarine in imitation of butter. Com. vs. Byrnes, 15S Mass., 172. Oleomargarine should be mari^ed and packed as required by law and requiring it to be packed and branded as the Commissioner of Agriculture may direct Is not a delegation to that oJUcer of the power to declare what acts shall be crim- inal necause the law directs that the same shall be packed and branded and prohlMts the sale of those which are not, leaving the kind to be determined by that officer. U. S. vs. Daugherty, 101 F., 439; Bx-parte Ilollock, 165 U. S., 626. An indictment need not allege that oleomargarine was fraudulently sold. Fox TS. State, 94 Md., 143. A justice of the peace has jurisdiction over the offense of coloring oleomar- garine. State vs. Euedy, 59 Ohio St., 24. Butter may be colored yellow, but oleomargarine may not be colored yellow in imitation of butter. Com. vs. Vandyke, 13 Penn. Sup. Ct, 484; McCann vs. Com., 198 Penn., 509; In re. gcbictlin, 99 Fed., 272. Law requiring oleomargarine to be colored pink is constitutional. Armour Packing Co. vs. Snyder, 84 Fed. Rept, 13C (Minn.). National legislation on oleomargarine does not restrict the power of the state. A state may exclude from its markets any compound, manufactured In another state, artificially colored or adulterated so as to cause it to look like an article of food in general use and thereby cheat the general public. Plumley vs. Massa- chusetts, 156 U. S., 461. mMir.^hM