The St. Lucie County tribune. (Fort Pierce, St. Lucie County, Fla.) 1905-1920, 1911-07-28
CHAPTER 6I22--(No. Al

y
AN ACT to Prevent the Adulteration, Misbrand-
| ing and Imitation OF Food for Man or Beast
OF Beverages Candies Condiments, of
+ Medicines, Drugs and Liquors, and the Manu-
Prescribing Penalty OF the Violation Thereof,
Providing for the Inspection, and Analysis
of the Articles Described by the Florida State
Department OF Agriculture, Charging. the
and Providing Means Therefor Providing for
| the appointment of an additional State chemist,
or Expert Food Analyst, Two Food and Drug
Inspectors, to Appropriate the Necessary
and for the General Expenses OF the State
Laboratory and Chemical Division OF the
Agricultural Department of the State OF Flor
ida and to Repeal All Laws in Conflict with
! This Act
Be It Enacted by the Legislature Of the State
| OF Florida:
Section l. That it shall be unlawful for any
person to. manufacture, SELL keep or offer for
OF food, drugs, medicine or liquors which is
adulterated or msbranded, or which contains
any poisonous or deleerious substance within the
meaning of this Act; and any of the persons who
shall violate any OF the provisions Of this Act
! shall be guilty Of nisdemeanor, and for each
ofense shall upon conviction thereof, be fined
not to exceed One Thousand Dollars or shall
be sentenced TO not more than years i'm
! prisonment, or both such fine and imprisonment,
in the discretion o. the court and for each sub
sequent offense, and on conviction thereof shall
be fined not exceeding Two Thousand Dollars,
or sentenced to not more than two years i'm
prisonment OF both such fine and imprisonment.
in the discretion of the court,
! Sec 2 That the examination Of specimens
OF food and drugs shall be made by the State
Chemist OF Florida, and under his direction and
supervision, for the purpose of determining from
such examination whether such articles are
adulterated or misbranded within the meaning
OF this Act, and If it shall appear from any such
examination that any of such specimens is adul.
ztnI 4. I'D g
this Act and il it shall appear from any such
examination that any OF such specimens is adul-
terated or msbranded within the meaning Of
this Act, the Commissioner of Agriculture shall
cause the goods so adulterated msbranded
to be seized by the Sheriff of the County in which
they are found and shall cause notice thereof
to be given the party from whom such sample
was obtained; any. party so notified shall be
given an opportunity to be heard before the
Commissioner OF Agriculture and the Attorney
General under such rules and regulations as may
be prescribed by them, and it it appears that any
OF the provisions OF this Act have been violated
by such party, then the Commissioner OF Agricul-
ture shall at once certify the facts to the proper
Prosecuting Attorney, with the copy Of the results
OF the analysis, or the examination OF such article
duly authenticated by the analyst or officer
making such examination, under the oath OF
such officer That in case it shall appear to the
satisfaction OF the Commissioner Of Agriculture
and the Attorney General that the violation
OF this Act is properly subjecto of interstate com
merce or otherwise comes Under the supervision
and jurisdiction of the United States, then the
Commissioner OF Agriculture shall certify the
case to the United States District Attorney in
whose district the violations may have been
committed, but il it be under the jurisdiction
OF the courts of the State, then the Commissioner
shall certify the case to the Prosecuting Attorney
OF the court in the county where the oHense
occurred 1t shall be the duty OF the proper
violating any OF the provisions of this Act as
soon as he receives the evidence transmitted
by the Commissioner of Agriculture. After the
judgement of the court notice shall be given by
publication in such manner as may be prescribed
by the rules and regulations aforesaid,
Sec 3 That the term drug as used in this
Act, shall include all medicines and preparations
recognized by the United States Pharmacopoeia,
National Formula, for internal or external use,
Ind any substance or mixture OF substances
attended to be used for the cure, mitigation, or
prevention of disease OF either man or other
animals.
all articles used for food, drink, confectionery
or condiment by man other animal, whether
simple, mixed or compound,
Sec T. That for the purpose OF this Act,
an article shall be deemed to be adulterated--
Ia Case OF Drugs: First-lt when a drug IS
States Pharmacopoea, or National Forumlary.
it differs from the standard OF strength. quality
or purity as determined by the test laid down
in the United States Pharnlacopeia or National
Formulary official at the tine of the investiga'
ton.
Sccond--lf its strength or purity fall below the
professed standard or quality under which it is
sold.
In the Case Of Confectionery: II it contains
terra alba barytes, tale chrome elbow or other
mineral substances or poisonous color or flavor,
or other ingredient deleterious or detrimental
TO health, or any vinous, malt, or spirtuous
liquor, or compound or narcotic drug.
| In Case OF Food First-f any substance
has been mixed or packed with il so to reduce
or lower or injurously affect its quality or strength
Second--If any substance has been substi-
tuted wholly or in part for the article
Third-If any valuable constituent of the
article has been or wholly or in part abstracted.
! Fourth--If it be mixed, colored or powdered,
coated or stained in manner whereby damage
or infcriority is concealed,
Fifth--Tf il contains any added poisonous or
other deleterous ingredient which may render
such article injurious to health; Provided, That
when in preparation of food products for ship
ment they are preserved by any external apph-
| cation applied in such manner that the pre-
sentative is necessarily removed mechanically.
| or by maceration in water or otherwise and
directions for the removal of said preservative
are printed on the covering OF the package, the
! provisions OF this Act shall be construed. as
applying only when said products are ready
| for consumption.
/ Sixth-If the package. vessel or bottle con-
tanning IL shall, OF such composition, or carry
any attachment made OF such composition