CHAPTER 86 An act to prevent the sale of adulterated and unbranded food, and: to _amend and make more effective the provisions of chapter one hundred and twenty-two, laws of one thousand eight hundred and ninety-five. The General Assembly of North Carolina do enact:
Section 6. That for the purpose of this act an article of food shall be deemed adulterated First. If any substance or substances has or have been mixed or packed with it, so as to reduce or lower or injuriously affect its quality or strength so that such product when offered ie sale shall deceive or tend to deceive the purchaser. Second. If any inferior substance or substances has, or have been substituted wholly or in part for the article so that the product when solid shall deceive or tend to deceive the purchaser. Third. If any valuable constituent of the article has been wholly or in part abstracted so that the product when sold shall deceive or tend to deceive the purchaser. Fourth. If it be an imitation of, and sold under the specifie name of another article. Fifth. If it be mixed, colored, powdered, coated, polished or stained in a manner whereby damage or infirmity is concealed, so that such product when sold shall deceive or tend to deceive the purchaser. Sixth. If it contain any added poisonous ingredient, or any ingredient which may render such article injurious to the health of the person consuming it. Seventh. If it be labeled or branded so as to deceive or mislead the purchaser, or purport to be a foreign product when branded so, or in an imitation either in package or label of an established proprietary product, which has been trade-marked or patented. Kighth. If it consists of the whole or any part of a diseased, 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 animals that has died otherwise than by slaughter. Ninth. That candies and chocolate may be deemed to be adulterated if they contain terra alba, barytes, tale, chrome yellow or other mineral substances, or poisonous colors or flavors, or other ingredients deleterious or detrimental to health: Provided, that an article of food, beverage, or condiment which does not contain any added poisonous ingredient shall not be deemed to be adulterated in the following cases: First. In the case of articles, mixtures or compounds which may be now, or from time to time hereafter, known as articles of food, beverages or condiments under their own distinctive names, and not included in definition fourth of this section. Second. In the case of articles labeled, branded or tagged so as to plainly indicate that they are mixtures, compounds, combinations, imitations or blends. Third. When any matter or ingredient has been added to the food, beverage or condiment because the same is required for the production or preparation thereof as an article of commerce, in a state fit for carriage or consumption, and not fraudulently to increase the bulk, weight or measure of the food, beverage or condiment, or conceal the inferior quality thereof: Provided, that the same shall be labeled, branded or tagged as prescribed by the board of agriculture so as to show them to-be compounds and the exact character thereof; And provided further, that nothing in this act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods to disclose their trade formulas except in so far as the provisions of this act may require to secure freedom from adulteration or imitation; Provided further, that nothing in this act shall be construed to apply to proprietary or patent medicines. Fourth. Where the food, beverage or condiment is unavoidably mixed with some harmless extraneous matter, in the process of collection or preparation; Provided further, that no person shall be convicted under the provisions of this act when he is able to prove a written guaranty of purity inaform approved by the board of agriculture as published in their rules and regulations, signed by the wholesale jobber, manufacturer or other party from whom he purchased said article.