Year: 1879

PEOl Ell lON VI FoOD.
DRAFT OF LAW TO PREVENT AND PUNISH


ApULTERATIoNs OF PooD AND MEDICINES.


ALBANY. Feb. 8, 1879.


In the meeting of the State Medical Society to-day
a paper was read by DIR. Z. r. Squibb of Brooklyn,
containing the draft of law TO prevent and punish
adulteraons OF food and medicines. 1t proposes the
formation of State Board OF Health. to be composed
of hve members. appointed by the Governor. partly
from nominations by the State Medical Society," the
Bar Association Columbia College Facul y and Cor
nell University Faculty; the Board of Health to be
charged with enforcing the laws. To do this it is to
name corps OF at least seven inspectors. whose
duties 1t shall be. each In his own district, to
discover all offences of adulteration obtain compe-
tent evidence thereof and serve witnesses before
the courts; also Board Of Prosecution formed of
not less than four properly qualified lawyers to be
selected by competitive examination for legally
forcing the law and securing punishment of Offend
ers. The law prohibits the issue of any compound
which contains any poisonous hurtful ingredients
not publicly stated and professed by the label at
tached to tho compound when given. sold offered
held in possession. 1t provides that for the pur-
poses of this law the offence of adulteration shall be
follows:-


Hyss-rhe adding of substances TO
anothsc others whereby the strength, purity,
quality or true value of the resulting substance
mixture s reduced or lowered in its nature
position with the effect OF tending to deceive the
public by lowering such substance mixture from
its original and true value, or altering the public
Significance and common meaning OF the name by
which it Is or was originally known used.


Second-The substitution or one substance for an.
other, either wholly or i'll part, with the effect OF
tending to deceive or mslead the public any part
thereof.


stance with the effect that the separation shall reduce
the value OF the substance and thus tend to deceive
or mislead by changing the common significance of
the name by which, as whole. the substance was
originally applied to use.


fourth-The application OF a name commonly
known or understood to indicate any substance TO
any part parts thereof, any other substance.
with the effect OF tending to deceive and mslead


Fyth-The presence in any substance of any i'm
purity any foreign matter that is either natural or
accidental to it. ii in unusual proportion


Strh-The adnixture OF different qualities OF the
same substance with the effect Of tending to decep
ton and fraud.


lSepemul-Any debasement or diution of any sub
stance whereby 1t is reduced in intrinsic value and
is yet liable to be given, bought, sold used as
though it was not debased or diluted.
Eighh-Any cooring, coating, polishing pow
dering any other alteration in the physical condi
ton or sensible properties OF any substance with or
damage is concealed it is made to appear better
greater than really is either in quality, weight
measure. whereby impurities or defective quality
is partially or wholly masked hidden, with the
effect Of tending to deceive or nislead.


N,nth-The giving or selling or offering for sale or
the possession of any adulerated article by any per-
whose business it is to make to deal in arti-
cles OF food medicine shall be priina facie evidence
of the offence of adulteration Provided that it be-
and it is hereby declared to be- the sole and entire
object and intention of this law to protect the public
againt deception and fraud in the cost and quality of
food and medicine through aduteraton. And all
the provisions of this law shall be construed and ap
Piled in accordance with its sole object by the rules
of common law.


1t contains also the following provisions:-
No person shall adulterate, nor cause nor permit
any other person to any article OF food or
500 fine for the first offence; but every offence after
a conviction for a first offence shall be misde-
meanor, for which, on conviction, the person shall
be imprisoned with hard labor for period not ex-
ceedlng six months.


No person shall give SELL offer for sale, or
hold under the ordinary conditions of saable com.
modities any adulterated article Of food medi-
cine under the same penalties as in the preceding
section.


No person shall give sell. offer for sale. or
hold under the ordinary conditions Of saable CON-
have become through natural accidental causes
deteriorated adulterated to be unfit for
mon use under the same penalties as in the proceed
ing section


For the purpose of discovering authorizations of
food and medicine and obtaining competent evidence
of the offences the inspectors shall each obtain and
examine carefully not less than ten articles OF food
and medicine each week and keep full record OF
the dates. methods and results OF each
animation. Each inspector shall cause 1t to
be publicly known in his district that he
will receive for a moderate charge. to be fixed
by the State Board Of Health all complaints of sus-
pected adultcrat0n and will investigate such COM
plants if need be. by the same methods as may be
directed for the examinations made his own mo-
ton. And he shall keep full record Of all complaints
that may be made to him, and of his proceedings in
each case for presentation to the state Board Of
Health. The Board OF Inspectors shall hold meetings
ut stated times, not less frequently than semian-
their duties. and to secure improvement and uni
formity in their methods of proceeding and to pre-
a concert of action throughout the State. And
the Board shall report the proceedings and its recon-
mendations to the State Board OF Health for recon-
sideration and action.


The Board of Prosecution under the Food and
Medicine shall hold meetings at stated times
less frequently than semi-annually, for the same
purposes as the Board of Inspectors. and shall
port their proceedings and recommendations to the
State Board of Health in the same way. Each men,
Der of the Board OF Prosecution for his district
shall receive from the State Board of Health all
that the State Board shall order TO be prosecuted
and shall prosecute all such the of the
people OF the State in the proper courts of law fol-
lowing each case to its proper legal issue by the
methods and rules of procedure in use by district
attorneys And each shall preserve careful record
of each referred to him and report the results
the State Board of Health.


Each member of the State Board of Health shall re-
annual salary of $4,000 and the President Of
salary; provided that any member who fails to at
tend any meeting Of the Board any part of any
meeting shall forfeit and lose one-twclfth part Of
the annual salary to which he may have been
titled for every such meeting or part of q meeting
which he may have failed to attend.


The secretary of the State Board Of Health, to be
appointed by the Board, shall receive annual sal
ary Of $1,000 provided that he gives his entire time
and labor to the service of the Board and provided
that for any part OF his time in which he does not
do the duties OF his Office he shall not receive the pay


Each member of the Boards OF Inspectors and Of
Prosecution shall receive annual salary of $4,000
provided that he shall be prohibited from entering
into any other business or occupation than that OF
the state Board of Health and provided that he shall
receive perquistes nor fees, nor any other COM
pensation Of any kind whatever. but shall give his
entire time and service to the State Board OF Health
for the annual of $4,000; and provided further,
that all time lost from any shall be deducted
pro rata from his annual salary.


THE OPHIR FARM.