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harmful to health, or any vinous, malt, or spirituous liquor, or compound or narcotic drug.
In the case of food:
1. If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength.
If any substance has been substituted wholly or in part for the article.
3. If any valuable constituent of the article has been wholly or in part abstracted.
4. If it be mixed, colored, powdered, coated, or stained in a manner whereby damage or inferiority is concealed.
5. If it contain any added poisonous or other harmful ingredient which might render such article injurious to health; provided that where substances are added to the preparation which can readily be removed by external mechanical means, and the directions for removal are printed plainly on the covering or the package, the provisions of this act shall be construed as applying only when said products are ready for consumption.
6. If it consists in whole or in part of a filthy, decomposed, or putrid animal or vegetable substance, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter.
The term “misbranded ” shall apply to all drugs, or articles of food, or articles which enter into the composition of food, the package or label of which shall bear any statement, design, device regarding such article, or the ingredients or substances contained therein, which shall be false or misleading in any particular, and to any food or drug product which is falsely branded as to the State, Territory, or country in which it is manufactured or produced
An article shall also be deemed misbranded in the case of drugs:
1. If it be an imitation of, or offered for sale under the name of, another article.
2. 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 fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucance, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any of such substances contained therein.
In the case of food:
1. If it be an imitation of, or offered for sale under the distinctive name of, another article.
2. If it be labeled or branded so as to deceive the purchaser, or purport to be a foreign product when it is not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents put in the package, or if it fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucance, chlorofurm, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any of such substances contained therein.
3. If in package form where the contents are stated in weight or measure, and not plainly and correctly stated on the outside of the package.
4. If the package containing a substance, or its label, should bear any statement, design, or device regarding the ingredients or the substances contained therein, which statement, design, or device shall be false or misleading in any particular; Provided, that an article of food which does not contain any added poisonous or harmful ingredients shall not be deemed to be adulterated or misbranded in the following cases:
a. In the case of mixtures or compounds which may now or hereafter be known as articles of food, under their own distinctive names, and which are not an iritation of or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with a statement of the place where said article has been manufactured or produced.
b. In the case of articles labeled, branded, or tagged so as to plainly indicate that they are compounds, imitations, or blends, and the word “compound," "imitation,” or “blend,” as the case may be, is plainly stated on the package in which it is
offered for sale; Provided, that the term "blend " as used herein shall be construed to mean a mixture of like substances, not excluding harmless coloring or flavoring ingredients used for the purpose of coloring and flavoring only; And further, that nothing in this act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods which contain no unwholesome added ingredient to disclose their trade formulas, except in so far as the provisions of this act may require to secure freedom from adulteration or misbranding.
C. A guaranty obtained by a dealer from the wholesaler, jobber, or manufacturer, that the articles which he purchases from them are not adulterated or misbranded within the meaning of this act, shall protect the party making the sale of such articles from any fine or penalty.
Any article of food, drug, or livuor that is adulterated or misbranded within the meaning of this act, and is being transported from one State, Territory, district, or peninsular possession, to another for sale, or having been transported remains unloaded or unsold, or if it be offered for sale, or if it be imported from a foreign country for sale, or intended for exportation to a foreign country, is liable to be seized and confiscated, and may be destroyed or disposed of, and the proceeds, less the costs, paid into the treasury of the United States. But the owner may prevent such confiscation or sale by a good and sufficient bond that such articles are not to be sold or otherwise disposed of contrary to the provisions of this act.
The Secretary of the Treasury shall deliver to the Secretary of the Board of Agriculture, from time to time, samples of foods and drugs which are being imported in the United States for sale, or offered for exportation; and if found adulterated or misbranded within the meaning of this act, or dangerous to health, may refuse admission; but pending the decision on this matter, the goods may be delivered to the owner on the deposit of a good and sufficient security.
It is provided that the act or omission of an agent, if within the scope of his authority, shall be deemed the act of the person or corporation whom he represents.
This act took effect the ist day of January, 1907.
By Act of August 28, 1912, the original Act was amended by adding to that part defining what shall be misbranding in the case of drugs the following:
“Third. If its package or label shall bear or contain any statement, design or device, regarding the curative or therapeutic effect of such article, or any of the ingredients or substances contained therein, which is false and fraudulent."
By Act of March 13, 1913, the following was substituted, in the case of food, for paragraph 3.
“If in package form, the quantity of the contents be not plainly and conspicuously marked on the outside of the package in terms of weight, measure or numerical count.
Provided, however, that reasonable variations shall be permitted, and tolerances and also exemptions as to small packages shall be established by rules and regulations made in accordance with the provisions of Section 3 of this Act.”
LAWS OF HAWAII,
The property, real and personal, of a woman remains after marriage her separate property free from the management or control of her husband, and is not liable for his debts. She may receive, hold manage and dispose of property, real or personal, and make contracts as though sole, except that she cannot sell or mortgage real estate or make contracts for personal service without the written consent of her husband, nor can she contract with him. All work or services for others than her husband and children is presumed to be on her separate account. She may sue and be sued as though sole and may act as executrix or administratrix, guardian or trustee. She may carry on business on her separate account by filing in the office of the treasurer of the Territory a certificate setting forth the name and residence of her husband, the nature of the business, and the place where it is to be carried on. In case her husband absents himself from the Territory or abandons her or fails to make sufficient provision for her maintenance she may be authorized by the Circuit Court to make conveyances and contracts as though sole. On the death of her husband she is endowed for life in the income of one third of all lands owned by him at any time during the marriage, including lands leased for fifty years or more of which twenty-five years remain unexpired, and takes absolutely one third of his personal estate after payment of debts. Curtesy as at common law.
DAYS OF GRACE AND HOLIDAYS.
The uniform negotiable instruments law has been adopted and days of grace are abolished. Bills and notes falling due on Sunday or a holiday, or on a Saturday half holiday are payable on the next succeeding business day, except that those payable on demand may be presented on Saturday before twelve o'clock. Holidays are: January 1, February 22, May 30, June 11, July 4, December 25, the first Monday and third Saturday in September, and any day of thanksgiving or fasting appointed by the President of the United States, and any holiday appointed by the Governor.
Judgments of courts of record twenty years. Real actions ten years. Persons under twenty, insane or imprisoned, and those claiming under them, five years from removal of disability. Actions for debt founded on contract, except judgments of courts of record, judgments of courts not of record, actions for arrearages of rent, trespass on land, taking or detaining goods or chattels, replevin, actions on the case for criminal conversation, libel or other injury to rights except as otherwise provided, six years. Assault and battery, false imprisonment, slander of character or title, special damages for words spoken, and actions against sheriffs or other officers two years. Actions for