1907. Sheriffs quired to seize and sell unlabeled packages. Proviso. Subject to penalties. Proviso. as rice hulls or chaff, peanut shells, corncobs or other similar material of little or no feeding value, or with substances injurious to the health of domestic animals, shall be guilty of a violation of the provisions of this act, and the lot of feeding stuff in question shall be subject to seizure, condemnation and sale or destruction by the re- Sheriffs under direction of the Commissioner of Agricul ture. The Sheriffs of the counties of this State are hereby authorized, and it is hereby made their duty to seize and sell at public sale, each and every bag, barrel or package of commercial feeding stuffs manufactured, imported into, or sold in this State which shall not have securely attached, the tag or label, and stamp mentioned in this section; Provided, That should the owner show to the satisfaction of the Sheriff such tag or label or stamp had been attached and the same had become detached, the sheriff shall release the same without cost to the owner. All commercial feeding stuff's shipped in bulk to consumers shall be subject to the penalties provided for in this act, upon the attempt to evade the guaranteed analysis, and the payment of the inspection fee provided for in this act; Provided, That nothing in this act shall be construed to restrict or avoid sales of Commercial Feeding Stuff material in bulk to each other by importers, manufacturers or manipulators who mix commercial feeding stuffs for sale; or as preventing the free and unrestricted shipment of these articles in bulk to manufacturers or manipulators who mix commercial feeding stuffs for sale. All money or proceeds derived from the seizure or sale of commercial feeding stuffs, shall be covered into the State Treasury. Money derived from sale. Assistant Inspector. Sec. 13. The Governor shall, upon the recommendation of the State Chemist, appoint an additional Assistant State Chemist who shall be a competent analytical chemist. His salary shall be fifteen hundred dollars per annum. The Governor may also when necessary, appoint an inspector of commercial feeding stuffs and commercial fertilizers. His salary shall be fifteen hundred dollars per annum, and he shall be under the immediate direction of the State Chemist. The actual traveling exTraveling penses of the inspector of the Chemical division of the expenses, in- Agricultural Department of the State, not to exceed seven hundred and fifty dollars per annum, shall be paid on spector. proper vouchers approved by the State Chemist and the Commissioner of Agriculture. tion. 1907. Sec. 14. The sum of three thousand seven hundred Appropriaand fifty dollars per annum is hereby appropriated to carry into effect the provisions of this act, and the Comptroller is hereby authorized to issue his warrants for the payment of the same out of any funds in the Treasury derived from the sale of commercial fertilizer stamps, or commercial feed stuffs stamps. Sec. 15. Be it further enacted, that this act shall take effect upon its passage and approval by the Governor. Approved May 22, 1907. CHAPTER 5662—(No. 67). AN ACT to Prevent the Adulteration, Misbranding and Be It Enacted by the Legislature of the State of Florida: drugs and Section 1. That it shall be unlawful for any person to Unlawful manufacture, sell, keep or offer for sale within the State medicines. of Florida, any article of food, drugs, medicine or liquors which is adulterated or misbranded, or which contains any poisonous or deleterious substance within the mean 1907. Penalty. Examinations by ist. ing of this act; and any of the persons who shall violate any of the provisions of this act shall be guilty of a misdemeanor and for each offense shall, upon conviction thereof, be fined not to exceed one thousand dollars, or shall be sentenced to not more than one year's imprisonment, or both such fine and imprisonment, in the discretion of the court, and for each subsequent offense, and on conviction thereof, shall be fined not exceeding two thousand dollars or sentenced to not more than two years' imprisonment or both such fine and imprisonment, in the discretion of the court. Sec. 2. That the examination of specimens of food and State Chem- drugs shall be made by the State Chemist of Florida, or under his direction and supervision, for the purpose of determining from such examination whether such articles are adulterated or misbranded within the meaning of this act, and if it shall appear from any such examination that any of such specimens is adulterated or misProcedure in branded within the meaning of the act, the Commissioner adulterations of Agriculture shall cause notice thereof to be given to are detected. the party from whom such sample was obtained; any party cases where so notified shall be given an opportunity to be heard before the Commissioner of Agriculture and the Attorney General under such rules and regulations as may be prescribed by them, and if it appears that any of the provisions of this act have been violated by such party, then the Commissioner of Agriculture shall at once certify the facts to the proper prosecuting attorney, with the copy of the results of the analysis, or the examination of such article duly authenticated by the analyst or officer making such examination, under the oath of such officer. That in case it shall appear to the satisfaction of the Commissioner of Agriculture and the Attorney General that the violation Where cases of this act is properly a subject of interstate commerce of Interstate or otherwise comes under the supervision and jurisdiction Commerce. of the United States, then the Commissioner of Agricul are subjects Duty of ture shall certify the case to the United States District Attorney in whose district the violation may have been committed, but if it be under the jurisdiction of the courts of this State, then the Commissioner shall certify the case to the proper prosecuting attorney of the court in the county where the offense occurred. It shall be the duty of the proper prosecuting attorney to prosecute all persons violating any of the provisions of this act as soon 1907. as he receives the evidence transmitted by the Commissioner of Agriculture. After judgment of the court, notice shall be given by publication in such manner as may be Notice after prescribed by the rules and regulations aforesaid. judgment of court. "drug." Sec. 3. That the term "drug," as used in this act, shall Definition of 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. The term "food," as used herein, shall include all Definition of articles used for food, drink, confectionery or condiment by man or other animal, whether simple, mixed or compound. Sec. 4. That for the purpose of this act, an article shall be deemed to be adulterated In case of drugs: "food." considered First. If when a drug is sold under or by a name recog- When drugs nized in the United States Pharmacopia or National Formulary, it differs from the standard of strength, tion. quality or purity, as determined by the test laid down in the United States Pharmacopia or National Formulary official at the time of investigation; Provided, That no Proviso. drug defended in the United States Pharmacopia 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, box or other container thereof, although the standard may differ from that determined by the test laid down by the United States Pharmacopia or National Formulary. considered an Second. If its strength or purity fall below the pro- When drugs fessed standard or quality under which it is sold. In adulteration. the case of confectionery: If it contains terra-alba, barytes, talc, chrome yellow or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt or spirituous liquor, or compound or narcotic drug. In case of food: When foods are consid First. If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its ered adulterquality or strength. ations. 1907. 2nd consideration. Second. If any substance has been substituted wholly or in part for the article. Third. If any valuable constituent of the article has 3rd consider- been wholly or in part abstracted. ation. 4th consideration. 5th consideration. 6th consideration. 7th consideration. Application term Fourth. If it be mixed, colored or powdered, coated or stained in a manner whereby damage or inferiority is concealed. Fifth. If it contains any added poisonous or other deleterious ingredient which may render such article inju rious to health; Provided, That when in preparation of food products for shipment they are preserved by any external application applied in such manner that the preservative is necessarily removed mechanically, or by maceration in water or otherwise and directions for the removal of said preservative are printed on the covering of the package, the provisions of this act shall be construed as applying only when said products are ready for consumption. Sixth. If the package, vessel or bottle containing it shall be of such a composition, or carry any attachment made of such a composition or metal or alloy as will be acted upon in the ordinary course of use by the contents of the package, vessel or bottle in such a way as to produce an injurious deleterious or poisonous compound. Seventh. 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. Sec. 5. That the term "misbranded" as used herein 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 or device regarding such articles or the ingredients or substances contained therein which shall be false or misleading in any particular, and to any food or drug product, which When drugs is falsely branded, as to the State, Territory or country in which it is manufactured or produced. That for the purpose of this act an article shall also be deemed to be misbranded are "mis branded." In case of drugs: |