The Ocala banner. (Ocala, Marion County, Fla.) 1883-194?, 1909-07-30

food drug or liquor Sold kept or offered for sale
by the person convicted is adulterated or mis-
branded. or is of poisonous or deleterious char
acter within the meaning of this Act, the same
shall be seized and destroyed, or II not of
poisonous or deleterious character may be sold OF
otherwise disposed of by orderof the court in such
which order shall guar guard against any further v
latons of this Act by such sale other disposition
The proceeds from any sale 50 ordered, less ex.
penses. shall be converted into the General Fund
of the State Treasury.
Sec. 10 That samples for analysis shall be
taken by the duly qualified and sworn Inspectors
or Chemists who shall take samples of such articles
as may be directed by the Commissioner of Agri
culture, and in the manner prescribed below
Whenever practicable, samples shall be taken II
original unbroken packages; said packages shall
be wrapped in paper and tied securely and sealed
That in cases where it is not practicable to send
sample for analysis in original package, as foi
instance, in case OF syrups or other liquids n
barrels or -four in barrels etc, the Inspector shall
take fair sample of the same in the presence OF
the seller place il in suitable receptacle securely
close, seal and forward the same to the Commits
sioner of Agriculture, and every case where g
sample is taken the person taking such sample shall
at the same time, in the presence of the person
from whom the same is taken, seal with paper
seals or otherwise another like sample of the
article taken, on which said sample or on the seal
placed thereon, shall be written the name of the
person taking said sample. and the date when the
same is taken and the said sample shall be deliver
ed back to the person from whom il is taken.
Provided, That any Health Officer Sheriff. or
citizen of the State, may submit fair samples OF
ture for analysis, when drawn in the presence OF
two witnesses, in the manner prescribed by this
Section said witness to subscribe to, and affix
their seals to the said packages, one to be deliv-
cred to the person from it taken the other to be
transmitted to the Commissioner of Agriculture.
And on receipt by him of such sample package.
properly drawn and witnessed, the Commissioners
of Agriculture shall transmit the same to the
State Chemist, who shall analyze the same and
certify the results to the Commissioner of Agri-
culture, who shall return to the sender copy of
the said certificate OF analysis.
In case any manufacturer, or dealer, shall APP
peal from the result of an analysis made by the
State Chemist, or by Assistant State Chemist
under his direction and supervision and shall de-
mand another analysis the duplicate sample
sealed and delivered 70 the person from whom
the sample was taken as provided in this section,
shall be sent for analysis to reputable chem
ist, upon whom the Commissioner of Agriculture.
the State Chemist, and the person demanding the
analysis shall agree.
The certificate of analysis of the State Chemist,
OF his Assistant. when properly verified by the
affidavit of the State Chemist or his Assistant,
shall be primaIacie evidence in any court of law
or equity in this State.
Ali chemical determinations, or analyses made
by the State Chemist. or the Assistant State
Chemists, or by chemists employed in case of
appeal. shall be made according to the methods
adopted by the Association of Official Agricul-
tural Chemists OF the United States.
Sec. II. That it shall be the duty of the Com
missioner of Agriculture and the State Chemist
to nix standards OF purity for food products where
the same are not fixed by this Act, in accordance
with thoS- promulgated by the Secretary of the
Treasury, the Secretary of Agriculture and the
Secretary of Commerce and Labor of the United
States when such standards have been published,
and when not yet published the Commissioner Of
Agriculture and the State Chemist shall fix such
standards Provided, that the standards for lard,
mixed edible fats and cotton seed oils are hereby
defined as follows: Lard is hereby defined to be
the fat of freshly slaughtered swine 1t must not
be from diseased animal or any portion of an
animal unit for food, or contain less than ninety
nine per cent. of pure fat. A mixed edible fat is
defined to be a mixture which contains not less
than ninety-nine per cent. of sweet mixed fat
and may consist of a mixture of refined cotton
seed oil or other edible vegetable oils with sweet
beef fat other edible animal fat and must be sold
under registered or propriety brand and proper
~ labeled with distinctive trademark or name.
bearing the name of the manufacturer. Edible
cotton seed oil is hereby defined as refined cotton
seed oil, free from disaereeable taste or odors.
White cotton seed oil for edible purposes is cotton
seed oil which has been refined in such manner
as to be nearly odorless, colorless and favorIess
Winter cotton seed oils for edible purposes are
those from which portion Of the stearne has been
removed. They may be either white or yellow.
Whenever the State Chemist may find, by exam
inatIon or analysis. that adulterated misbranded,
or imitation drugs, liquor or food products have
been manufactured for sale or put on sale in this
State. he shall forthwith furnish certificate to
that effect to the Commissioner of Agriculture
who shall transmit the same to the proper prose-
cutting OTcer IN the county where the said adulter
ated. misbranded, or imitation drugs liquor or
food product was found, and shall cause the goods
so adulterated or miSbranded to be seized by the
Sheriff of the county in which such goods are found
1t shall be the duty of the said prosecuting officer
to prosecute all persons violating any provisions
OF this Act soon as he receives the evidence
transmitted by the Commissioner of Agriculture
Sec. II. That the State Chemist shall make an
annual report to the Governor on work done in
execution of this Act, which report may be included
in that now made on commercial fertilizers and
published Herewith The actual expenses of the
State Chemist, one Assistant State Chemist in
attendance upon the annual convention of the
Association of Official Agricultural Chemists of
the United States, when officially representing
the Department of Agriculture by order of the
Commissioner, shall be paid from the funds APP
2ropriated for travelling expenses of the State
Chemist.
Sec. IL. Be Ct further enacted That in order to
enforce and carry out the provisions of this Act !
he sum OF hve thousand dollars, so much there
Of as may be necessary, is hereby annually ap- !
oropriated and set aside out of the fees arising
rom the inspection and analysis of fertilizers and
20 much thereof as is necessary is made immediate
y available; that the proceeds arising from the |
eeS of this Office be turned into the Treasury for
he use of the General Fund.
Sec. ?. That all laws and parts of laws in con- |
iict with this Act be. and the same are hereby |
epealed.
Sec. 3. That this Act shall be in force and eff |
ect Immediately upon approval by the Governor
Approved June 7, 1869.
CHAPTER 5o36-No. o..
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