Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-08-14


Provisions OF the senate Bin which
was Reported In the House To-day.
Mr.. Atkinson to-day reported to the House, from
the committee District, the bill to prevent the
manufacture or sale OF adulterated food or drugs
The bill has already been passed by the Senate.
The report says: at Is believed that the adutera
ton OF food and drugs is very general, and that
the health OF the community Is liable to be
seriously affected thereby. Honest dealers also
labor under disadvantage In competing with those
who handle fabricated articles Some legislation to
correct this growing evi Is imperative, and your
committee are OF opinion that the bill should be-
come law"
The report recommends an amendment includ-
ing In the prohbitory clause, ~or manufacture any
or In part OF diseased, decomposed, offensive or
unclean animal or vegetable substance"
The bill provides that no person within
the District OF Columbia shau mix. color. stain or
powder, or order or permit any other person 70
mix. color. stain or powder any article OF food or
render the article Injurious to health with the in
tent that 1t may be sold In the District, and no
person shall sell any such article so mixed colored,
made misdemeanor. punishable by a nne not ex-
ceeding 500 for the rst onenSe, and for each sub
sequent offense not exceeding $500, or imvrison-
The bin provides further that there shall be no
In the District OF Columbia, the same penalty be-
ing nxed as above. II Is provide however, that
no person shall be held guilty OF the ofIense where
that the ofIense was committed innocenLly and
that the accused could not by the exercise OF
son .6le diligence discover the adulteration Of the
IL is made misdemeanor for any person to sell
any article Of food o. drug wh1cn Is not OF the
manasa ssy SO % as
Be lined not exceeding $50 Snd3ler each subse-
quent onense not exceeding SOD 81 imprisonment
not exceeding six months, or both, Ia the discre-
tioh OF the court: PROVIDED, That an ofense shall
not De deemed 70 be committed under THIS section
In the following cases: Where any matter or IN:
gredlent not Injurious TO health has been added
10 The food or drug because the Same Is required
10r the production or preparation thereof as an
article OF commerce, Ia state nt ior carriage or
bulk, weight, or measure OF the food or drug, or
conceal tue inferior quality thereof; where the
food or drug is COMPOUNDED as authorize by this
act, or where the food or drug is unavoidaOly
mixed with some extraneous matter In the process
OF collection or preparation.
nne Of $50 Is nxed for selling any compound
article OF food or compounded drug which Is not
composed Of ingredients in accoraance with the
ever, that no person shall be guilty OF any such
onense In respect 0f the sale OF article OF food
injurious 10 health, and not intended, rraudu-
lenLly, TO Increase It's bulk, weight or measure or
conceal its Interior quality, II at the time OF de-
person receiving the same notice, by LABEL, dts
unctiy and legibly written or printed on OF with
the article or drug. TO tue effect that the same Is
mixed.
fine not exceeding 800 is provided for any
person VINO shall, Win The intent that the same
may oe sold in Us altered state without notice,
as To affect tnJuriousy Its quality, substance, or
nature, and no person shalt sell any arllcle so
altered without making disclosure OF the aitera-
tiOn.
Tue burden of proof to show innocence Of intent
to derraud lies with the accused. II The defendant
prove to the satisfaction OF the court that he had
purchased the article In Question as the same in
nature, substance, and quality as that demanded
OF him by the purchaser, and with q written war.
ranty TO that effect; that he had no reason TO be-
leve at the time when he sold IL that the article
was otherwise; and that he sold 1t in the same
state as when he purchased it. he shall be dis
shall forge, or shall alIer knowing 1t TO be forged,
any certincate or any writing purporting 10 COP
tain warranty, as provided in secuon Of this
TO punishment, on conviction, by imprisonment
for term not exceeding one year, with hard labor.
Every person VINO snail willfuliy apply to any
article OF food or drug a certincaIe or warranty
given In relation 10 any other article or drug, or
VINO shall give false warranty in writing TO any
purchaser In respect OF an arIcle OF food Or drug
sold by him as principal or agent, or who shall
wilfuliy give label with any article sold by him
which shall falsely describe the article sold shall
1e guilty OF misdemeanor. and, on CONVICTION. be
The District Commissioners are authorized to
appoint an expert at q salary OF 5000 per year,
as analyst OF all articles OF food or drugs sold
within the District OF Columbia Any purchaser
OF an article VI f0od or or drug in the said Dis
trict Is entitled TO have such article analyzed by
the analyst, and to receive from hin a certIficaUe
OF the result OF his analysis and any health onicer
Inspector OF nu1sances, or any food inspector, may
procure any sample or food or drug; and II he sus-
poets the same 70 have been sold TO him contrary
TO any provision OF this act, he shall submit the
same to be analyzed by the analyst, VINO shall,
with all convenient speed, analyze the same and
give certificate to such officer, wherein he shall
specify the result OF The analysis. Merchants re-
fusing to sell to the District analyst such article
as he may desire TO purchase OF their stock exposed
for sale Is subject TO q fine OF $50.
The term "iood" is defined 10 include every arti-
Gle used for food or drink by man other than drugs
and water; the term ''drug" to include ali meui-
cineS for internal or external use Nothing In this
act is TO repeal any part OF the oieomargarine law.
The District analyst Is given authority, with
approval OF the commissioners, TO from time To
time declare certain articles or preparations TO be
exempt from the provisions OF this act; and IL
shall De the duty OF the Commissioners OF the Dis
trtct to prepare and publish frUm time TO time q
list OF the articles, mixtures or compounds de-
clared TO beexempt from the provisions OF this act
IN accordance with this seCli0n.
the bill was passed by the senate In March.