36. This Act may be cited as "The Sale of Food and Drugs Act, Title. 1875." To* SCHEDULE. FORM OF CERTIFICATE. Schedule. I, the undersigned, public analyst for the do hereby certify that I received on the from+ a sample of 18 (which then weighed ), and have analysed the same, and I am of opinion that the same is a sample of genuine or, I am of opinion that the said sample contained the parts as under, or the percentages of foreign ingredients as under. *Here insert the name of the person submitting the article for analysis. Here insert the name of the person delivering the sample. When the article cannot be conveniently weighed, this passage may be erased, or the blank may be left unfilled. § Here the analyst may insert at his discretion his opinion as to whether the mixture (if any) was for the purpose of rendering the article portable or palatable, or of preserving it, or of improving the appearance, or was unavoidable, and may state whether in excess of what is ordinary, or otherwise, and whether the ingredients or materials mixed are or are not injurious to health. In the case of a certificate regarding milk, butter, or any article liable to decomposition, the analyst shall specially report whether any change had taken place in the constitution of the article that would interfere with the analysis. c. 63. SALE OF FOOD AND DRUGS ACT AMENDMENT ACT, 1879, [42 & 43 Whereas conflicting decisions have been given in England and in Scotland in regard to the meaning and effect of section six of the 38 & 39 Vict. Sale of Food and Drugs Act, 1875, in this Act referred to as the principal Act, and it is expedient, in this respect and otherwise, to amend the said Act: Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: Short title. In sale of adulterated articles, no defence to allege purchase for analysis. Officer, inspector, or constable may obtain a sample of milk at the place of delivery to submit to analyst. 1. This Act may be cited for all purposes as the Sale of Food and Drugs Act Amendment Act, 1879. 2. In any prosecution under the provisions of the principal Act for selling to the prejudice of the purchaser any article of food or any drug which is not of the nature, substance, and quality of the article demanded by such purchaser, it shall be no defence to any such prosecution to allege that the purchaser, having bought only for analysis, was not prejudiced by such sale. Neither shall it be a good defence to prove that the article of food or drug in question, though defective in nature or in substance or in quality, was not defective in all three respects. 3. Any medical officer of health, inspector of nuisances, or inspector of weights and measures, or any inspector of a market, or any police constable under the direction and at the cost of the local authority appointing such officer, inspector, or constable, or charged with the execution of this Act, may procure at the place of delivery any sample of any milk in course of delivery to the purchaser or consignee in pursuance of any contract for the sale to such purchaser or consignee of such milk; and such officer, inspector, or constable, if he suspect the same to have been sold contrary to any of the provisions of the principal Act, shall submit the same to be analysed, and the same shall be analysed, and proceedings shall be taken, and penalties on conviction be enforced in like manner in all respects as if such officer, inspector, or constable had purchased give milk for the same from the seller or consignor under section thirteen of the analysis. principal Act. Penalty for refusal to Extension of Act as to sale in 4. The seller or consignor or any person or persons entrusted by him for the time being with the charge of such milk, if he shall refuse to allow such officer, inspector, or constable to take the quantity streets, &c. which such officer, inspector, or constable shall require for the purpose of analysis, shall be liable to a penalty not exceeding ten pounds. Reduction allowed to the extent of 25 degrees under proof for brandy, whisky, or rum, and 35 degrees for gin. 5. Any street or open place of public resort shall be held to come within the meaning of section seventeen of the principal Act. 6. In determining whether an offence has been committed under section six of the said Act by selling, to the prejudice of the purchaser, spirits not adulterated otherwise than by the admixture of water, it shall be a good defence to prove that such admixture has not reduced the spirit more than twenty-five degrees under proof for brandy, whisky, or rum, or thirty-five degrees under proof for gin. 7. Every liberty having a separate court of quarter sessions, except a liberty of a cinque port, shall be deemed to be a county within the meaning of the said Act. 8. The town council of any borough having a separate court of quarter sessions shall be exempt from contributing towards the expenses incurred in the execution of the principal Act in respect of the county within which such borough is situate, and the treasurer of the county shall exclude the expenses so incurred from the account required by section one hundred and seventeen of the Municipal Corporation Act, 1835, to be sent by him to such town council. with 9. The town council of any borough having under any general or Provision local Act of Parliament, or otherwise, a separate police establishment, for boroughs and being liable to be assessed to the county rate of the county separate within which the borough is situate, shall be paid by the justices police. of such county the proportionate amount contributed towards the expenses incurred by the county in the execution of the principal Act by the several parishes and parts of parishes within such borough in respect of the rateable value of the property assessable therein, as ascertained by the valuation lists for the time being in force. time for pro ceedings. 10. In all prosecutions under the principal Act, and notwithstand- Special proing the provisions of section twenty of the said Act, the summons to vision as to appear before the magistrates shall be served upon the person charged with violating the provisions of the said Act within a reasonable time, and in the case of a perishable article not exceeding twentyeight days from the time of the purchase from such person for test purposes of the food or drug, for the sale of which in contravention to the terms of the principal Act the seller is rendered liable to prosecution, and particulars of the offence or offences against the said Act of which the seller is accused, and also the name of the prosecutor, shall be stated on the summons, and the summons shall not be made returnable in a less time than seven days from the day it is served upon the person summoned. NEW YORK ADULTERATION ACT, 1881. AN ACT TO PREVENT THE ADULTERATION OF FOOD OR DRUGS, 1881. The People of the State of New York, represented in Senate and Section 1.-No person shall, within this State, manufacture, have, offer for sale, or sell any article of food or drugs which is adulterated within the meaning of this Act, and any person violating this provision shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine not exceeding fifty dollars for the first offence, and not exceeding one hundred dollars for each subsequent offence. Section 2.-The term "food," as used in this Act, shall include every article used for food or drink by man. The term "drug," as used in this Act, shall include all medicines for internal and external use. Section 3.-An article shall be deemed to be adulterated within the meaning of this Act. (a.)-In the case of drugs 1. If, when sold under or by a name recognised in the United States Pharmacopoeia, it differs from the standard of strength, quality, or purity laid down therein. 2. If, when sold under or by a name not recognised in the United States Pharmacopoeia, but which is found in some other Pharmacopoeia or other standard work on Materia Medica, it differs materially from the standard of strength, quality, or purity laid down in such work. 3. If its strength or purity fall below the professed standard under which it is sold. (b.) In the case of food or drink 1. If any substance or substances has or have been mixed with it so as to reduce or lower or injuriously affect its quality or strength. 2. If any inferior or cheaper substance or substances have 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 an imitation of, or be sold under the name of, another article. 5. If it consists wholly or in part of a diseased or decomposed, or putrid or rotten, animal or vegetable substance, whether manufactured or not, or, in the case of milk, if it is the produce of a diseased animal. 6. If it be coloured, or coated, or polished, or powdered, whereby damage is concealed, or it is made to appear better than it really is, or of greater value. 7. If it contain any added poisonous ingredient, or any ingredient which may render such an article injurious to the health of a person consuming it. Provided, that the State board of health may, with the approval of the governor, from time to time declare certain articles or preparations to be exempt from the provisions of this Act: And provided further, that the provisions of this Act shall not apply to mixtures or compounds recognised as ordinary articles of food, provided that the same are not injurious to health and that the articles are distinctly labelled as a mixture, stating the components of the mixture. Section 4.-It shall be the duty of the State board of health to prepare and publish from time to time, lists of the articles, mixtures or compounds declared to be exempt from the provisions of this Act in accordance with the preceding section. The State board of health shall also from time to time fix the limits of variability permissible in any article of food or drug, or compound, the standard of which is not established by any national Pharmacopoeia. Section 5.-The State board of health shall take cognisance of the interests of the public health as it relates to the sale of food and drugs, and the adulteration of the same, and make all necessary investigations and inquiries relating thereto. It shall also have the supervision of the appointment of Public Analysts and Chemists, and upon its recommendation, whenever it shall deem such officers incompetent, the appointment of any and every such officer shall be revoked and be held to be void and of no effect. Within thirty days after the passage of this Act, the State board of health shall meet and adopt such measures as may seem necessary to facilitate the enforcement of this Act, and prepare rules and regulations with regard to the proper methods of collecting and examining articles of food or drugs, and for the appointment of the necessary inspectors and analysts; and the State board of health shall be authorised to expend, in addition to all sums already appropriated for said board, an amount not exceeding ten thousand dollars for the purpose of carrying out the provisions of this Act. And the sum of ten thousand dollars is hereby appropriated out of the moneys in the treasury, not otherwise appropriated, for the purposes in this section provided. Section 6.-Every person selling or offering or exposing any article of food or drugs for sale, or delivering any article to purchasers, shall be bound to serve or supply any Public Analyst or other agent of the State or local board of health appointed under this Act, who shall apply to him for that purpose, and on his tendering the value of the same, with a sample sufficient for the purpose of analysis of any article which is included in this Act, and which is in the possession of the person selling, under a penalty not exceeding fifty dollars for a first offence, and one hundred dollars for a second and subsequent offences. Section 7.-Any violation of the provisions of this Act shall be treated and punished as a misdemeanor; and whoever shall impede, obstruct, hinder, or otherwise prevent any Analyst, Inspector, or prosecuting officer in the performance of his duty shall be guilty of a misdemeanor, and shall be liable to indictment and punishment therefor. Section 8.-Any Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed. Section 9.-All the regulations and declarations of the State board of health made under this Act, from time to time, and promulgated, shall be printed in the statutes at large. Section 10.-This Act shall take effect at the expiration of ninety days after it shall become law. |