Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-05-31
SOME NEW LAWS.
Acts OF the 28th Assembly of Interest to
the People.


Acts OF the 28th Assembly of Interest to
the People.
An act to prevent the manufacture or
sale Of adulterated food or drugs in the terri
| tory OF New Mexico.
Section That no person within the
territory OF New Mexico shall mix, color
stain or powder or permit any other person
to mix, color, stain or powder any article
of food or drugs with any ingredient or
material so rs to render the article injurious
to health, or manufacture any article of
food which shall be composed in whole
or in part of deceased, decomposed,
offensive or unclean animal or vegetable
substance, with the intent that the same
be sold in the said territory, and no person
shall sell in the territory of New Mexico
any such article so mixed, colored, stained,
powdered or manufactured. Any person
violating this section shall be guilty of
mlsdemeanor, and for each offense to be
fined not exceeding $500 for the first
ohense, and for each subsequent otfense
not exceeding $500, or Imprisonment not
exceeding one year, or both, in the discre-
ton of the court
Sec. 2.-That no person shall, within
the territory of New Mexico, except for the
purpose OF compromising as hereinafter
described, mix, color, stain or powder, or
order or permit any other person to mix,
color, stain or powder, any drug with any
ingredient OF material so rs to affect in
juriously the quality or potency OF such
drug, with intent that the same may be
sold in the said territory OF New Mexico,
and no person shall sell any such drug so
mixed, colored, stained, or powdered I'M
der the same penalty, in each case re-
spectively, as in the preceding section, for
a first and subsequent offense..
Sec. 3.-That no person shall be liable
TO be convicted under either OF the two
last foregoing sections Of this act in respect
of the sale of any article OF food or any
drug if he shows to the satisfaction OF the
court before whom he is charged that he
did not know Of the article of food or drug
sold by him being so mixed, colored,
stained or powdered as in either of those
sections mentioned, and that he could not,
with reasonable diligence, have obtained
that knowledge.
Sec. 4.-That no person shall sell in
the territory of New Mexico any article OF
food or drug which is not ofthe nature, sub
stance and quality the article demand
ed by any purchaser, and any person
violating this section shall be guilty Of a
misdemeanor, and for the first offense be
fined not exceeding $50, and for each sub
sequent ofiense not exceeding $780, or
Imprisonment not exceeding six months,
or both, in the discretion of the court pro-
vided, that an ofiense shall not be deemed
to be committed under this section in the
following cases, that is to say:
First. Where any matter or ingredient
not injurious to health has been added to
the food or drug because the same is re-
quired for the production or preparation
thereof as an article of commerce in
state fit for carriage or consumption, and
not fraudulently to increase the bulk,
weight or measure of the food or drug, or
to conceal the inferior quality thereof.
Second. Where the drug or food is
proprietary medicine.
Third. Where the food or drug is COM
pounded as authorized by this act.
Fourth. Where the food or drug is
unavoidably mixed with some extraneous
matter in the process OF collection or
preparation.
Sec. 5.-That no person shall sell in the
territory of New Mexico any compound
article Of food or compounded drug which
is not composed of ingredients in accord
ance with the demand of the purchaser.
Any person violating this section shall be
guilty OF misdemeanor and be fined not
exceeding $50; provided, that no person
shall be guilty of any such ofiense as
aforesaid in respect of the sale ofan article
Of food or drug mixed with any matter or
ingredient not injurious to health and not
intended, fraudulently, to increase its bulk,
weight or measure, or conceal its inferior
quality, if at the time of delivering such
article or drug he shall supply to the per
son receiving the same q notice by label
distinctly and legibly written or printed
on or with the article or drug, to the effect
that the same is mixed.
Sec. 6.-That no person shall in the
territory of New Mexico with the intent
that the same may be sold in its altered
state without notice, subtract from any
article OF food any part of it so as to affect
injuriously its quality, substance or nature,
and no person shall sell any article 80
altered without making disclosure OF the
alteration, and any person violating the
provisions of this section shall be guilty
OF amisdemeanor and fined not exceeding
800.
Sec. THAT in any prosecution under
this act, where the fact of an article hav-
ing been sold in mixed state has been
proved, if the defendant shall desire to
rely upon any proviso contained in this act,
it shall be incumbent. upon him to prove
the same.
Sec. S.-That if the defendant in any
prosecution under this act prove to the
satisfaction of the court that he had
purchased the article in question as the
same in nature, substance ard quality as
that demanded of him by the purchaser,
and with written warranty to that effect;
that he had no reason to believe at the
time when he sold it that the article was
otherwise and that he sold itin the same
state as when he purchased it, he shall be
discharged from the prosecution.
Sec. 9.-That any person who shall forge,
or shall after knowing it to be forged, issue
any certificate or any writing purportng
to contain warranty, as provided in sec
ton OF this act, shall be guilty OF a
misdemeanor and be punishable on con-
viction by Imprisonment for term not
exceeding one year with hard labor.
Sec. l0.-That every person who shall
wilfully apply to any article OF food or a
drug a certificate of warranty given in rela'
ton to any other article or drug, or who
shall give false warranty in writing tc
any purchaser in respect OF an article Of
food or drug sold by him as principal Of
agent, or who shall wilfully give a labe
with any article sold by him which shall
falsely describe the article sold, shall bt
guilty of misdemeanor, and on con
, viction be fined not to exceed 800.
Sec. 11.-That the term food" as uset