CH. 175]

LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

market quotations of prices made on such board of trade, or exchange, for the articles or securities named in such contracts, agreements, trades or trans actions, shall reach a certain figure; and also any office, store, or other place where the keeper, person or agent, or proprietor thereof, either in his or its own behalf, or as an agent, as aforesaid, therein makes or offers to make, with others, contracts, trades or transactions for the purchase or sale of any such commodity, wherein the parties thereto do not contemplate the actual or bona fide receipt or delivery of such property, but do contemplate a settlement thereof based upon differences in the price at which said property is, or is claimed to be, bought and sold. The said crime shall be complete against any proprietor, person, agent, or keeper thus offering to make any such contracts, trades or transactions, whether such offer is accepted or not. It is the intention of this act to prevent, punish and prohibit, within this state, the business now engaged in and conducted in places commonly known and designated as "bucket shops", and also to include the practice now commonly known as bucket shopping by any person or persons, agent, corporations, associations. or co-partnerships, who or which ostensibly carry on the business or occupation of commission merchants or brokers in grain, provisions, cotton, coffee, petroleum, stocks, bonds or other commodities whatsoever.

SEC. 2. Unlawful to keep or maintain bucket shop-penalty. It shall be unlawful, and the same is hereby made a felony, for any corporation, association, co-partnership, person, or persons, or agent to keep or cause to be kept, within this state, any such bucket shop; and any corporation, person or persons, or agents whether acting individually or as a member, or as an officer, agent or employe of any corporation, association or co-partnership, who shall keep, maintain, or assist in the keeping and maintaining of any such bucket shop within this state, shall, upon conviction thereof, be fined in a sum not to exceed one thousand dollars or be imprisoned in the penitentiary not exceeding two years; and any person or persons who shall be guilty of a second offense under this statute, in addition to the penalty above prescribed, may, upon conviction, be both fined and imprisoned in the discretion of the court, and if a corporation, it shall be liable to forfeiture of all its rights and privileges as such; and the continuance of such establishment after the first conviction shall be deemed a second offense.

SEC. 3. Accessory defined-penalty. Any corporation, association, copartnership, person or persons or agents who shall communicate, receive, exhibit, or display in any manner, any statements of quotations of the prices of any property mentioned in section one (1) hereof, with a view to any transactions in this act prohibited, shall be deemed an accessory, and upon conviction thereof, shall be fined and punished the same as the principal, and as provided in section two (2) of this act.

or

SEC. 4. Statement of purchases or sales furnished on demand. It shall be the duty of every commission merchant, co-partnership, association, corporation, person or persons, or agent or broker in this state engaged in the business of buying or selling or of buying and selling stocks. grain, provisions or other commodities or personal property for any person, principal, customer or purchaser to furnish upon demand to any customer principal for whom such commission merchant, broker, co-partnership, corporation, association, person, or persons, or agent has executed any order for the actual purchase or sale of the commodities hereinbefore mentioned, either for immediate or future delivery, a written statement containing the names of the parties from whom such property was bought, or to whom it shall have been sold, as the case may be, the time, when, the place where, and the price at which, the same was either bought or sold; and in case such commission merchant, broker, person or persons, or agent, co-partnership, corporation or association shall refuse promptly to furnish

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[CH. 176

such statement upon reasonable demand, the fact of such refusal shall be prima facie evidence that such property was not sold or bought in a legitimate manner, but was bought in violation hereof.

SEC. 5. Existing statutes not affected. Nothing herein shall be so construed as to change, modify or repeal present and existing laws relating to the subject matter hereof.

SEC. 6. In effect. This act, being deemed of immediate importance, shall take effect and be in force from and after the date of its publication in the Register and Leader and the Des Moines Capital, newspapers published in the city of Des Moines, Iowa.

Approved April 5, A. D. 1907.

I hereby certify that the foregoing act was published in the Register and Leader and the Des Moines Capital, April 6, 1907. W. C. HAYWARD, Secretary of State.

CHAPTER 176.

PURE DRUGS.

S. F. 31.

AN ACT to prevent the adulteration, misbranding and imitation of drugs; and repealing sections four thousand nine hundred and eighty-three (4983), four thousand nine hundred and eighty-five (4985), four thousand nine hundred and eighty-six (4986) and four thousand nine hundred and eighty-eight (4988) of the code, and vesting the execution and enforcement of this act in the pharmacy commissioners.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Manufacture or sale of adulterated drugs prohibited. 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 manufacture or introduce into the state or solicit orders for delivery, or sell, exchange, deliver, or have in his possession with the intent to sell, exchange or expose, or offer for sale or exchange, any drug which is adulterated or misbranded within the meaning of this act. Provided, that none of the penalties set forth in this act shall be imposed upon any common carrier for introducing into the state, or having in its possession, any adulterated or misbranded drugs, where the same were received by said carrier for transportation in the ordinary course of its business and without actual knowledge of the adulteration or mis- . branding thereof.

SEC. 2. Drug defined. The term "drug", as used in this act, shall include all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation or prevention of disease of either man or other animals, or for the destruction of parasites.

SEC. 3. Adulteration defined. For the purposes of this act, a drug shall be deemed to be adulterated:

First. If, when a drug is sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality or purity as determined by the test laid down in the United States Pharmacopoeia or National Formulary official at the time of investigation: Provided, that no drug defined in the United States Pharmacopoeia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality or purity be plainly stated upon the bottle,

CH. 176]

LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

box or other container thereof although the standard may differ from that determined by the test laid down in the United States Pharmacopoeia or National Formulary.

Second. If its strength or purity fall below the professed standard or quality under which it is sold.

SEC. 4. Misbranded defined. The term "misbranded," as herein used, shall apply to all drugs the package or label of which shall bear any statement, design or device regarding such article or the ingredients or substances. contained therein, which shall be false or misleading in any particular and to any drug which is falsely branded as to state, country or territory in which it is manufactured or produced. For the purposes of this act, a drug shall also be deemed to be misbranded:

First. If it be an imitation of or offered for sale under the name of another article.

Second. If the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package, or if the package shall fail to bear a statement on the label showing the name and the exact quantity or proportion of any alcohol, morphine, opium, heroin, chloroform, cannabis indica, chloral hydrate, acetanilide, or any derivative or preparation of any such substances contained therein. The statement herein required shall be plainly printed upon the outside wrapper and also upon a label affixed to the package in type "eight point caps;" provided, that in case the size of the package will not permit the use of eight point caps, the size of the type may be reduced proportionately. There shall be such a contrast between the color of the label and the color of the ink used in printing the label heretofore required, that the printing thereon shall be easily and plainly legible.

SEC. 5. Drugs or preparations containing wood or denatured alcohol-sale prohibited. No person, firm or corporation shall sell, offer, or expose for sale, or have in his possession, any preparation or product intended for use of man or domestic animals, either for internal or external use, or for cosmetic purposes, or for inhalation, or for perfumes, which contains methyl (wood) alcohol, crude or refined, or denatured alcohol.

SEC. 6. Bulletins. The pharmacy commissioners shall, from time to time, with the approval of the executive council, issue a printed bulletin, showing the results of inspections, analyses and prosecutions undertaken under this act, together with such general information as may be deemed suitable. Such bulletins shall be printed in such numbers as may be directed by the executive council, and shall be issued to the newspapers of this state and to all interested persons.

SEC. 7. Enforcement. It is hereby made the duty of the pharmacy commissioners to enforce the provisions of this act.

SEC. 8. Penalty. Any person, firm or corporation, or agent thereof, who refuses to comply, on demand, with any of the requirements of this act, or who shall violate any of its provisions, or who shall obstruct or hinder the said pharmacy commissioners, in the discharge of any duty imposed by this act, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not exceeding one hundred dollars.

SEC. 9. What exempt-prima facie evidence. All goods purchased or received by either wholesale or retail dealers of this state prior to July first, nineteen hundred and seven (1907) shall be exempt from the provisions of this act to April first, nineteen hundred and nine (1909). The having in possession by any person who manufactures or exposes for sale, any adulterated or misbranded drug, within the meaning of this act, shall be prima facie evidence of having in possession with intent to sell in violation of its provisions:

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[CH. 178

Provided, that any manufacturer, wholesaler or jobber may keep goods specifically set apart in his stock for sale in other states, which might otherwise be in violation of the provisions of this act.

SEC. 10. Repealed. Sections four thousand nine hundred and eightythree (4983), four thousand nine hundred and eighty-five (4985), four thousand nine hundred and eighty-six (4986) and four thousand nine hundred and eighty-eight (4988) of the code are hereby repealed. Approved April 6, A. D. 1907.

CHAPTER 177.

PURE FOOD.

S. F. 71.

AN ACT to amend the law as it appears in sections seven (7) and eight (8) of chapter one hundred and sixty-six (166) of the acts of the Thirty-first General Assembly, relating to the definition of the term "misbranded" and the method of labeling.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Misbranded defined. That the law as it appears in chapter one hundred and sixty-six (166) laws of the Thirty-first General Assembly is hereby amended by striking out all of section seven (7) after the period in the fifth line thereof, and by inserting in lieu thereof the following words and characters:

"The term 'Misbranded' as used herein shall apply to all articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design, or device regarding such article, or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food product which is falsely branded. as to the state, territory, or country in which it is manufactured or produced, or which bears any statement of the weight or measure unless the same be a correct statement of the net weight or measure of the contents.'

SEC. 2. Method of labeling. That section eight (8) of chapter one hundred and sixty-six (166) laws of the Thirty-first General Assembly is hereby amended by striking out the word "constituents" from the thirty-eighth line thereof, and by inserting in lieu thereof the words "the name and quantity or proportion of each constituent.'

Approved February 12, A. D. 1907.

CHAPTER 178.

PURE FOOD.

S. F. 318.

AN ACT to amend chapter one hundred and sixty-six (166), laws of the Thirty-first General Assembly, relating to the definition of adulterated foods, and fixing standards for certain food products.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Repealed. Chapter one hundred and sixty-six (166), laws of the Thirty-first General Assembly, is hereby amended by striking out all of section nine (9) and inserting in lieu thereof the following:

CH. 178]

LAWS OF THE THIRTY-SECOND GENERAL ASSEMBLY.

"SEC. 9. Labels. Labels required by this act shall be distinctly printed in the English language in legible type no smaller than eight point heavy gothic caps and shall give, in continuous list with no intervening printed or descriptive matter, the true and correct names of all the constituents of such mixture, compound, combination, imitation or blend, and if artificially colored or preserved, the name of each and every such added substance shall be plainly stated on the label. Such label shall be placed upon the outside of the package and shall contain the name and address of the manufacturer, packer or dealer. There shall be such a contrast between the color of the label and the color of the ink used in printing the label as heretofore provided, that the label shall be easily and plainly legible."

SEC. 2. Adulteration. Section eight (8), chapter one hundred and sixtysix (166), laws of the Thirty-first General Assembly, is hereby amended by changing the period after the word "article" in the eleventh line thereof to a comma and adding the following: "or if it does not conform to the standards established by law." Also, by adding, after the word "health" in the thirty-first line thereof, the following: "provided, that vinegar shall be deemed to be adulterated if it contains any added coloring matter;".

SEC. 3. Food standards. Chapter one hundred and sixty-six (166), laws of the Thirty-first General Assembly, is hereby amended by adding, at the end of the chapter, the following:

"Section 18. For the purposes of this act, the following standards are hereby established:

Flavoring Extracts.

1. Flavoring extract. A flavoring extract is a solution in ethyl alcohol of proper strength of the sapid and odorous principles derived from an aromatic plant, or parts of the plant, with or without its coloring matter, and conforms in name to the plant used in its preparation.

2. Almond extract. Almond extract is the flavoring extract prepared from oil of bitter almonds, free from hyrocyanic acid, and contains not less than one (1) per cent by volume of oil of bitter almonds.

3. Anise extract. Anise extract is the flavoring extract prepared from oil of anise, and contains not less than three (3) per cent by volume of oil of anise.

4. Celery seed extract. Celery seed extract is the flavoring extract prepared from celery seed or the oil of celery seed, or both, and contains not less than three-tenths (0.3) per cent by volume of oil of celery seed.

5. Cassia extract. Cassia extract is the flavoring extract prepared from oil of cassia and contains not less than two (2) per cent by volume of oil of cassia.

6. Cinnamon extract. Cinnamon extract is the flavoring extract prepared from oil of cinnamon, and contains not less than two (2) per cent by volume of oil of cinnamon.

7. Clove extract. Clove extract is the flavoring extract prepared from oil of cloves, and contains not less than two (2) per cent by volume of oil of cloves.

8. Ginger extract. Ginger extract is the flavoring extract prepared from ginger and contains in each one hundred (100) cubic centimeters, the alcoholsoluble matters from not less than twenty (20) grams of ginger.

9. Lemon extract. Lemon extract is the flavoring extract prepared from oil of lemon, or from lemon peel, or both, and contains not less than five (5) per cent by volume of oil of lemon.

10. Terpeneless extract of lemon. Terpeneless extract of lemon is the flavoring extract prepared by shaking oil of lemon with dilute alcohol, or by