The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1903-08-28

Immediately upon its passage and ap-
prevail by the Governor.
Approved June I, 1908.
CHAPTER 5l70-CNo. 65N
AN ACT u Prevent the Adulteration OF
Food and Drugs. and to Provide 4
Penalty for the Violation Of this Act.
Be Il Enacted by the Legislature Of the
State Of Florida:
Section l. That no person shall mix,
color. stain or powder, or order, or per-
NIT any other person to mix. color.
stain. or powder, any article of food or
drugs with any ingredient or material
So as to render the article injurious to
health or manufacture any article Of
food which shall be com posed in whole
or in part of diseased. decomposed. Of
fensive, or unclean animal or vegetable
substance with the intent that the same
may be sold in the said State, and no
person shall sell any such article so
mixed. Colored, stained. powdered. or
manufactured
ANY person violating this section snail
he guilty of n misdemeanor, and for
each offense be fined not exceeding TWO
hundred dollars for the first offense.
and for each subsequent offense not
exceeding three hundred dollars. or
IMPRISONMENT not exceeding one year.
or both. in the discretion OF the court.
Sc. - NIuIltLN ana tteilcN OF Drugs.
That no person shall. except for the
purpose of compounding as hereinaf-
ter described. mix. color. stain. or pow
der. or order or permit any
other person to mix. color,
stain or powder any drug with
any ingredient or material so as
20 affect injuriously the quality or po-
tenCy Of such drug. with intent that the
same may be sold in said State. and no
-.
ed. Colored. stained. or powdered. under
the same penalty In each case respect
lively rs in the preceding section for a
first and subsequent offense.
Sec. 5. Ignorance Of Adulteration.
That no person shall be liable 10 be
convicted under either OF the two last
foregoing sections of this act IN re-
spect Of the sale Of any article Of food.
or of any drug if he shows 10 the sat
isfaCti0n OF the court before whom ne
Is charged that h did not know of the
article 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 knowl-
edge.
Sec. 4. Fraudulent Additions or AL
terations. That no person shall sell
any article of food or drug when is not
the article as represented by the VEN
dor, and any person violating this Sec
ton shall be guilty OF a misdemeanOr,
and for the first o4fense be fined not
exceeding fifty dollars. and for each
subsequent Offens6 not exceeding one
hundred dollars. or Imprisonment not
exceeding six months or both, in the
discretion Of the court; Provided. That
an offense shall not be deemed to be
committed under this section in the
following cases, t1rat is 10 say:
F1rSt-WheEe any matter or ingredi-
ent not injurious to health has been
added 10 the food or drug 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
or the food or drug, or conceal the in
ferior quality thereof
Second-Where the drug or food Is q
proprietary medicine.
Third-Where the food or drug Is
compounded as authorized by this srt.
Fourth-Where the food or drug is
unaVoidably mixed with some extrane-
Gus matter in the process OF collection
or preparation.
Sec. 3. Ingredients must be in ao-
coTdanCe with purchasers demand.
That no person shall sell any COM
pound article OF food or compounded
drug which is not composed of ingredi-
ents in accordance with the demand OF
the purchaser.
Any person violating this section
snail be guilty Of a misdemeanor and
nned not exceeding fifty dollars; Pro-
Vlded. That no person shall be guilty
OF any such offense as aforesaid in re-
spect to the sale Of an article of food or
a drug mixed with any matter or in
gredlent not injurious to health, and not
INTENDED, frdCdUlently. 10 increase IL
buIk. weight. or measure. or conceal its
inferior quality. If at the time of deliv-
erlnE such article or drug he shall sup
ply 10 the person receiving the same a
notice, by label distinctly and legibly
written or printed on or with the ar
ucle or drug. TO the effect that the
same is mixed.
Sec. 6. Subtraction Of Ingredients.
That no person shall. with the intent
that the same may be sold in its al
Tered state without notice. substraCt
from any article Of food any part Of IL
SO rs 10 affect iniuriously its quality,
substance or nature. and no person
shall sell any article so altered without
making disclosure Of the alteration. and
any person violating the provisions Of
TINS section snail he guilty OF a mis-
demeanor and fined not exceeding one
hundred dollars
Sec. :. Must prove conditions under
proviso, CSec. -. That IN any prosecu-
ZION under This act, where the fact Of an
article having been sold in a mixed
state has been proved. if the defendant
SHAH desire 20 rely upon proviso con-
tanned in this act. Il shall he incumbent
upon him 10 prove the same.
Sec. :. Dealer Ignorant Of Adulter-
alton. That IL the defendant in any
prosecution under this act prove 10 the
satisfaction Of the court that he had
purchased the article in question "a
the same in nature, substance, and
quality 9 that demanded Of him by
the purchaser. and with a written
warranty TO that effect: that he had no
reason 10 believe NJ the time when he
sold y that the article was otherwise;
and that he sold II in the same state IA
when he purchased Il. he shall be dis
charged from prosecution
Sec. =. Forging az Warranty. That
any person who shall forge, or shall
ute. knowing Il 70 he forged. any GER
thcate or any writing purrortinE 10
contain a warranty. as provided in sec
tion eight or this act, shall he guilty Of
a miSdcme9nor anf be punishable. on
conviction, by imprisonment for term
NOT exceeding one year with hard labor.
Sec. 10. False or Nisapplied War
ranties. That every person who shall
wilitully apply 10 any article Of food