The St. Lucie County tribune. (Fort Pierce, St. Lucie County, Fla.) 1905-1920, 1911-07-28
S1.OO A YEAR

Seventh--lf it consists in whole or in part
OF q hlthy decomposed or putrid animal or vcge-
table substance or any portion Of an animal
unit tor tood whether manufactured or not.
or II it is the product OF a diseased animal or
one. that has died otherwise than by slaughter
Eighth-lt it contain any chemical preservative
or antiierment; such as iormaldehyde, salicyic
acid or salicylates, boric acid or borates, BEN
zoic acid or ben2oates tluordes; il it contain
any Artificial sweetener; such as saccharn. dulcin
or glucin.
Sec 5. That the term "misbranded" as used
herein shall aprly to all drugs or articles Of food
or articles who enter into the composition of
food, the package or label OF which shall bear
any statement, design or device regarding such
article or the ingredients or substances contained
therein which shall he false or misleading in
any particular, and to any food or drug product,
which is falsely branded, as to the State, Terri
tory or Country in which it is manufactured or
produced That for the purpose Of this Act
an article shall also be deemed to be msbranded-
In Case of Drugs: First-lf it be an imitation
of, or offered for sale Under the name OF another
article.
Second-If the contents of the package as
originally put up shall have been removed in
whole or in part and other contents shall have
been placed in such package, or if the package
fail to bear statement on the label in as con-
spcuous letters as is or may be prescribed by the
United Estates law or rules and regulations of
the quantity or proportion OF any a lcohol, NOR
phine, opium, cocaine, heron, alpha or beta
eucaine, choloform, canabis indica, choral
hydrate or acetande or any derivative or prep
aration OF any such substance contained therein;
Provided, That nothing in this paragraph shall
be construed to apply to the filling Of written
prescriptions, furnished by regular licensed,
practicing physicians and kept on file by drug
gsts as required by law.
In Case OF Food: First--If it be an imitation
Of, or offered for sale under the distinctive name
OF another article.
SecondIf it be labeled or branded so as to
deceive or mslead the purchaser, or purport
to be a foreign product when not so or is an
OF previously established name, or OF the con-
tents OF the package as originally put up shall
have been removed in whole or in part, and other
contents shall have been placed in such package,
or, if fail to bear statement on the label in =
conspicuous letters Of the quantity or proportion
OF any alchhol, morphine, opium, cocaine heioin,
alpha or beta eucaine,. cannabus indicus, choral
hydrate, or acetanilide or any dervatve
preparation of any such substances contained
therein.
Third--If in package form, the net contents
of the package are not correctly stated in terms
of weight or measure, conspicuously, legbly and
correctly, on the outside OF the package.
.Fourth-lf the package containing it, or its
label shall bear any statement, design or device
which shall be false or misleading in any partcu-
lar; Provided, That in articles OF food which does
not contain any added poisonous or deleterious
ingredients, shall not be deemed to be adulterated
or misbranded in the following cases:
first-ln the case of mixtures or compounds
which may be now, or from time to time here
after known as articles of food under their own
distinctive names, and not an imitation, and
offered for sale unde the distinctive name OF an
other article.
Second--In the case OF articles labeled brand
ed or tagged, so as TO plainly indicate that they
are compounds im,,itations or blends, and the
word compound, Imitation" or blend as
the case may be, is plainly stated in conspicuous
letters on the package in which it is offered
for sale; Provided, That the term blend as
used herein shall be construed TO mean mixture
of like substances, not excluding harmless color
ing or favoring ingredients used for the purpose
of coloring or iiavoring only; and Provided, fur
Their, That nothing in this Act shall he construed
as requiring or compelling .propretors OF manu-
facturers OF proprietary foods which contain
no unwhoesome added ingredient to disclose
their trade formulas, except in so far the pro-
vision OF this Act may require to secure freedom
from aduteration or misbranding.
Sec. Q. That no dealer shall be prosecuted
under the provisions OF this Act when he can
establish guaranty signed by the wholesaler,
jobber, manufacturer or other party residing
in the State 'of Florida from whom he purchases
such articles to the effect that the same is not
aduiterated or misbranded Within the meaning
of this Act, designating it. Such guaranty to
afford protection shall contain the name and
address OF the party of parties making the sale
of such articles to the dealer and in such case
the said party or parties shall be amenable to
the prosecutions, fines or other penalties which
would attach in due course to the dealer under
the provisions of this Act.
Sec l. If upon trial OF any person convicted
of food drug or liquor Sold kept or offered for
sale by the person convicted is adulterated or
or is Of a poisonous or deleterious
character within the meaning OF this Act, the
not of poisonous or deleterious charac-
ter may he sold, or otherwise disposed
of, by order of the court. in SUCH manner
as the court may in order direct, which order
this Act by such sale or other disposition. The
proceeds from any sale so ordered, less expenses
shall be converted into the General Fund of the
State Treasury.
Sec. s. That the words person" or party" as
used in this Act shall be construed TO impart
both the plural and the singular, as the case de-
mands, and shall include corporations, compan-
les, societies, and associations. When constru-
ing and enforcing the provisions OF this Act,
the act omission or failure OF any officer. agent
or other. person acting Tor or employed by the
corporation, society, company association,
as we'll as that OF the person.
Sec g. That the Governor shall appoint two
INSPECTORS of the Chemical Division OF the Agri-
cultural Department of the State OF Florida for
a term not to exceed four years. The lnspec-
tors OF the Chemical Division shall have the
authority, and it shall be their duty to inspect
foods and drugs, commercial stock feeds, and
commercial fertilizers and other materials SUBJ
ject to inspection, as now provided by law
Throughout the State or in the territory assigned
to them and 10 seize and attach all goods subject
to inspection as are misbranded adulterated
or illegally offered for SALE or that fail to bear
the guaranteed analysis and inspection stamp
provided by law; and place the in the custody
of the sheriiis subject to the. order OF the Com
missioner of Agriculture, sending samples OF such
goods to the State Chemist for examination and
analysis. The Inspectors shall draw samples of
foods and drugs, commercial stock feed, COM
mercial fertilizers, and other goods subject to
inspection offered for sale in the State or territory
assigned to them, and forward them to the State
Chemist for examination or analysis, as provided
by law. Each Inspector OF the Chemical Divi
sion shall receive salary OF One Thousand Five
Hundred Dollars per annum, payable quarterly,
and a sum not to exceed twelve hundred dollars
each per annum, for travelling expenses while
in the performance OF their duties.
Detailed vouchers for such expenses shall be
rendered by said Inspectors; and paid only on
the approval OF the State Chemist.
The Governor shall also appoint an Assistant
State Chemist, Food and Drug Analyst, on
the recommendation OF the State Chemist His
salary shall be One Thousand and Eight Hun.
dred Dollars per annum, payable quarterly.
The State Chemist and the Assistant State
Cbe,,;st shal no ey-officO InsDeCtOrs of the