Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-04-03

ASOU = AUWO AlAul " III
People Of
ADULTERATING FoRMALDEHYDE.
(H. B. No. 2S-Dickinson)
An Act to Prevent Fraud In the Sale of
Formaldehyde Used az Fungicide, Pre-
scribing Penalty for the Violation,
Providing for. the Inspection and Analysis
kota Government Agricultural Expert
ment Station With the Duty Thereof,
and Charging the States Attorney With
the Enforcement Hereof.
Be 1t enacted, etc.: e.
Section 1. Duty Of Manufacturers
and Dealers.) 1t shall be the duty of
each and every manufacturer of for
maldehyde (the aldehyde of methyl
alcohoD to be used as a fungicide
within the state, and Of every dealer
of original packages of said tornado
hyde manufactured outside of this
state, before the said formaldehyde' is
offered or exposed for sale, or sold
within this state as fungicide, or for
fungicidal purposes, to submit to the
director of the North Dakota govern
ment agricultural experiment station
at Fargo, samples of said Tornado
hyde, and written or printed state
ment setting forth the brand or brands
of said formaldehyde to be sold, the
number of pounds contained in each
retainer or container in which 1t Is
put on the market for sale, the name
or names of the manufacturers and
the place of manufacturing the same.
Second. The statement shall set
forth In per cent by weight, the
amount of formaldehyde contained in
the said solution of formaldehyde, and
the statement so furnished shall be
considered as constituting a guaran-
tee to the purchaser that every guam
tlty, sold or offered for sale, shall con-
tain not less than the amount of for
maldehyde expressed in per cent as
set forth in the said statement.
Sec. 2. Right to Sell in the State
How Obtained.) Every purchaser
OF said formaldehyde in original pack
ages, which is manufactured outside
OF this state, who intends to sell or
expose the same for sale, and every
manufacturer of said formaldehyde
within this state shall, after filing the
statement above provided for, with
the director of the North Dakota gov
eminent agricultural experiment sta
ton at Fargo receive from the said
director certificate stating that he
has complied with the foregoing state
ment, which certificate shall be fur.
nished without charge therefor; said
certificate when furnished shall AL.
thorize the party when receiving the
same to deal in this state in the said
lormaldehyde. Any person who fails
10 comply with the terms of section
l OF this act shall not be entitled to
such certificate and it shall not be
construed as applying to retail dealers
selling formaldehyde which has al.
ready been labeled and guaranteed.
Sec. 3. Legal Strength.) Formal.
dehyde when sold, offered or exposed
Tor sale, as a fungicide, in this state
snail contain at least forty per centum
oy weight of formaldehyde, and If II
falls below thirty-eight per cent #
snail be deemed adulterated within
the meaning of the terms of this act
Sec.>4. Duty of the Directory The
director OF the North Dakota govern
ment agricultural experiment station
at Fargo shall secure different brands
OF formaldehyde sold, offered or ex-
posed for sale within the state. and
snail have said samples of formalde.
hyde analyzed, and for this purpose he
may appoint such agent or agents as
ne may deem necessary, for the en-
1orcement OF the act, and such agent
or agents shall have free access and
egress at all reasonable hours, for the
purpose OF examining into any nlace
wherein 1t Is suspected any Tornado
nyde may be kept, and such agent or
agents may take from any person
flrm or corporation SAMPLES Of sai5
formaldehyde for analysis and when
sald goods are found on analysis to be
IN violation of this law the said direct.
OF snail report the said fact to the
states attorney for the district where
IN the offense is committed.
Sec. 5. Certificates as Evidence
every certificate duly signed and &C.
knoWledged by the chemist Of the
North Dakota government agricultural
experiment station at Fargo relating
70 the analysis of any formaldehyde
shall be presumptive evidence of the
facts therein stated.
Sec. 6. Duty Of States ATTORNEY
II shall be the duty of the states at.
torney to prosecute all persons yiolat.
Ing any Of the provisions of this act
when the evidence thereof has been
presented by the North Dakota gov.
eminent agricultural experiment Eta.
ton as provided for in sections 4 ana
5 Of this act. -, - : onu
Sec. z. What Constitutes Violation ,
The doing Of anything prohibited by
this act shall be evidence of the viola.
ton OF the provisions Of this act re.
iati4g to the things so prohibited and
the omission to do anything directed
TO be done shall be evidence Of a VIC.
lation OF the provisions OF this act rel.
alive to the things so directed to he
done, and any person who shall sell
any unbroken package Of formaldehyde
or any part thereof which has not
peen labeled as herein provided, shall
pc guilty Of misdemeanor. and sha1I
De hned not less than ten dollars nor