r^H 020 IIT/IU DAIRY !m FOOD LAWS si fMNCROi"! LIB RAH Y Digitized by the Internet Archive in 2007 with funding from Microsoft Corporation http://www.archive.org/details/dairyfoodlawsofsOOutahrich D D D The DAIRY & FOOD LAWS OF THE STATE of UTAH 1911 □ Willard Hansen State Dairy &f Food Commissioner D □ Tm»wms-«iEronTei» wiKTiHt c»., »*lt iakc uJ The Dairy & Food Laws of the State of Utah. SALT LAKE CITY, UTAH. 1911 Members of State Dairy & Food Bureau 1911-1912 J. S. CARVER, Ogden, Utah, Chairman A. H. CRABBE, Salt Lake City, Utah. JAMES CLAWSON, Spring City, Utah. HERMAN HARMS, State Chemist, Salt Lake City, Utah. WILLARD HANSEN, Commissioner, Sec'yandTreas. Salt Lake City, Utah. Office: 501 Dooly Block Salt Lake City, Utah. THE DAIRY AND FOOD LAWS of the State of Utah CHAPTER 82. LAWS OF 1909. STATE DAIRY AND FOOD BUREAU. An Act Creating a State Dairy and Food Bureau, Defining its Duties and Powers, and Making an Appropriation for the Purpose of Carrying Out the Provisions of This Act. Be It Enacted by the Legislature of the State of Utah: Section 1. State Dairy and Food Bureau Created. Membership. Terms. Expenses. Report. There is hereby created a State Dairy and Food Bureau which shall consist of five resident citizens of the State. The State Chemist, and the State Dairy and Food Com- missioner shall be members of the said Board; and three members shall be appointed by the Governor of the State on or before the first day of April, 1909, as follows : One member of this Bureau shall be a practical manufacturer of dairy food products; one member shall be a merchant engaged in the sale of food products, and one member shall be a non- producer of food products. Members of this Bureau shall hold office for the period of four years and until their successors are appointed and qualified; provided, that the first members appointed under this Act shall be appointed for terms, so that their terms shall ex- pire in one, two and three years respectively. Any vacancy shall be filled by appointment by the Gov- ernor for the unexpired term. The members of said Bureau shall serve without compensation, but shall receive their actual and necessary traveling expenses, and within twenty days after their appointment shall PURE FOOD LAWS OF UTAH. take the oath of office as required by the Constitution ; and they shall thereupon meet and organize by elect- ing a chairman, secretary and treasurer. Any one of them may be removed by the Governor for neglect or violation of duty. They shall make report in de- tail to the Legislature not later than the first day of December next, preceding the meeting thereof. Sec. 2. Duties of Bureau. It shall be the duty of the State Dairy and Food Bureau to formulate and prescribe such rules and regulations for the operation of creameries, butter and cheese factories, dairies, slaughter houses, confectioneries, bakeries, hotels, fruit and vegetable canneries, flour mills, farm dairies, or any other factory, establishment, store or house where dairy or food products of whatsoever nature are bought, sold, manufactured, or prepared, or stored or exposed for sale for public use, as shall be deemed necessary by such Bureau to fully carry out the provisions of the Act, and all laws now in force or that may be enacted relative to dairy and food products, and for the promotion and maintenance of the public health and safety and for prevention of false grades, weights and measures and also for advancing the value of Utah food and dairy products. Such rules and regulations shall conform as near as may be to the rules and regulations that have been or shall be promulgated by the Agricultural Department of the United States under and by the authority of a law known as the Pure Food and Drug Act of June 30, 1906, as well as an act of Congress approved June 30, 1906, governing meat inspection. The Dairy and Food Com- missioner shall execute the rules and regulations of the Bureau, and the Bureau shall provide him with deputies, agents, and such assistants as may be deemed necessary from time to time. It being the object of this law to protect the consumer of food products against fraudulent, unwholesome and adulterated food; and for the promotion and maintenance of the public health and safety, and it shall be the duty of this Bureau to promote improvements in dairy and food products, and educate the producer in the care of all dairy and food products and their economical produc- tion. Sec. 3. Penalty. Any person violating any pro- visions of this Act or any rule or regulation of the PURE FOOD LAWS OF UTAH. Dairy and Food Bureau shall be guilty of a misde- meanor, and upon conviction thereof, shall be fined in any sum, not less than $25.00 nor more than $200.00. Approved March 22, 1909. TITLE 18. COMPILED LAWS, 1907. DAIRY AND FOOD PRODUCTS. CHAPTER 1. DAIRY AND FOOD COMMISSIONER. 729. Office Created. Term of Commissioner. Vacancy. Salary. The office of Dairy and Food Com- missioner for the State of Utah is hereby created. Such Commissioner shall be appointed by the Gov- ernor, by and with the consent of the Senate, and his term of office shall be for two years from the date of his appointment, and vacancies occurring in the office for any cause shall be filled by appointment for the balance of the unexpired term. The salary of the Commissioner shall be $1,500 per annum, to- gether with his necessary and actual expenses incurred in the discharge of his official duty, which shall be paid in the same manner as the salaries of other State officers. 730. Duty of Commissioner. It shall be the duty of the Commissioner, and he is hereby invested with the powers, to enforce all laws that now exist or that may hereafter be enacted in this State, regarding the production, manufacture or sale of dairy and creamery products or the adulteration of any article of food, and regarding the use of skimmed or adulterated milk, and the feeding of unwholesome food to cattle and the keep- ing of cattle having infectious or contagious diseases ; and said Commissioner shall personally, or by his deputy, inspect any article of food made or offered for sale within this State, which he may suspect or have reason to believe is impure, unhealthy, adulterated or counterfeit. He shall also visit and inspect the various dairies, cheese and butter factories of the State, and shall have power to enforce proper sanitary regulations in their management and surroundings. Said Com- 6 PURE FOOD LAWS OF UTAH. missioner shall personally, or by his deputy, when complaint is made of the violation of any law relating to the feeding of any unwholesome food for cattle or keeping upon the premises any cattle afflicted with any contagious or infectious diseases, immediately in- vestigate said charge, and may prosecute any person, firm or corporation violating any of the laws of this State, which it is the duty of said Commissioner to enforce. 731. Powers of Commissioner. Deputy. In- spector, Etc. The said Commissioner, Deputy Com- missioner and such inspectors, agents, chemists and counsel as shall be duly authorized for the purpose shall have access, ingress and egress to and from all places of business, factories, farms, buildings, carriages and cars used in the manufacture, transportation or sale of any article of food as defined in this chapter, and also into restaurants, dining halls, cafes, hotels, and all rooms thereof, and all other places where food is prepared, stored or served to patrons. They shall also have power and authority to open any package, can or vessel containing or supposed to contain any article manufactured, sold or exposed for sale, or held in possession with intent to sell, in violation of the provisions of this chapter or other laws of this State, and may inspect the contents thereof, and may take samples therefrom for analysis. All dealers, clerks, bookkeepers, express agents, railroad officials, employes or common carriers shall render to them all the assist- ance in their power, when so requested, in tracing, finding or discovering the presence of any article pro- hibited by law, and in securing samples thereof as herein provided for. Any refusal or neglect on the part of such dealers, clerks, bookkeepers, express agents, railroad officials, employes or common carriers to render such friendly aid, or to furnish such sample for analysis, as provided for in this section, shall be deemed a misdemeanor and shall be punished as here- inafter provided. 732. Sample to be Marked or Sealed. The person taking such sample as provided for in this chapter, shall mark or seal such sample with a paper seal or otherwise, and shall write his name thereon and number said sample so as to properly identify the same, and PURE FOOD LAWS OF UTAH. 7 shall tender to the manufacturer or vendor of such article or product, or the person in whose control or possession such article or product may "be at the time the same is taken, the value thereof; but if the person from whom such sample is taken shall request him to do so, he shall at the same time and in the presence of the person from whom the same is taken, seal with proper seals or otherwise two samples of the articles taken on each of which said samples, or on the seals placed thereon, shall be placed the name of the per- son taking said sample and also the number above provided for, the one of which sample shall be de- livered to the person from whom the same is taken and the other shall be taken by the person so pro- curing the same to the State Chemist or other compe- tent person appointed for the purpose of making ex- aminations or analysis of samples so taken ; Provided, that the person procuring said sample may securely pack and box said sample and send the same to the State Chemist or other competent person appointed hereunder for the purpose of making examinations or analyses of samples, and his testimony that he did procure the samples and that he sealed and numbered the same as herein provided, and that he wrote his name thereon and that he packed and boxed said sample and sent the same to the State Chemist or other competent person appointed hereunder to analyze such sample and the testimony of the person to whom said sample is addressed that he received said box or package in apparent good order; that said sample was sealed and that the number and name of the sender, as herein provided for, was on said sample, and that the seal at the time the same was received was unbroken, shall -be prima facie evidence that the sample so received is the sample that was sent, and that the contents thereof are the same and in the same condition as at the time the person so procuring said sample parted with the possession thereof, and the testimony of said two witnesses as above shall be sufficient to make such prima facie proof. 733. Standard of Purity. The standard of quality, purity and strength for foods, liquors and drinks that have been or shall be adopted by the United States Department of Agriculture, are hereby declared to be the standards of purity, quality and strength of foods, 8 PURE FOOD LAWS OF UTAH. liquors, and drinks in the State of Utah, except where otherwise specified. 734. Adulterated or Misbranded Articles of Food. No person, firm, or corporate body shall within the State, manufacture for sale, offer for sale, have in pos- session with intent to sell, or sell any adulterated or misbranded article of food or substance to be used in the manner of food or drink. 735. "Food" Defined. The term "food," as used in this chapter, shall include all articles used for food, drink, confectionery or condiment, by man or other animals, whether simple, mixed or compound. 736. When Deemed Adulterated. For the purpose of this chapter an article shall be deemed to be adulter- ated: In the case of foods — First — If any substance has been mixed or packed with it so as to reduce or lower or injuriously affect its quality or strength. Second — If any substance has been substituted, wholly or in part, for the article. Third — If any valuable constituent of the article has been wholly or in part abstracted. Fourth — If it be mixed, colored, powdered, coated or stained in a manner whereby damage or inferiority is concealed. Fifth — If it contain any added substance or in- gredient that is poisonous or injurious to health. Sixth — If it contain any added antiseptic or preser- vative substance except common table salt, saltpeter, cane or beet sugar, vinegar, spices or wood smoke ; Provided, that when in the preparation of food products for shipment they are preserved by any external appli- cation applied in such a manner that the preservative is necessarily removed mechanically or by maceration in water or otherwise and directions for the removal of said preservative shall be printed on the covering of the package, the provisions of this chapter shall be construed as applying only when the said products are ready for consumption. And furthermore, the pro- visions of this chapter shall not apply to the addition of not more than one-tenth of one per cent of benzoate of soda in the case of cider, tomato catsup, fruit jams, jellies or preserves, or such other perishable articles of food or drink as the State Food Inspector may from time PURE FOOD LAWS OP UTAH. 9 to time determine cannot be successfully marketed with- out such addition, the presence and percentage of which said benzoate of soda shall in every case be stated upon the label of the said cider, tomato catsup, fruit jams, jellies or preserves, or other article hereafter de- termined, in type as large or larger than eight point caps; Provided, that in case the size of the package will not admit of the use of eight point cap type, the size of the type may be reduced proportionately. Seventh — If it consists in whole or in part of a filthy, decomposed or putrid animal or vegetable sub- stance, or any portion of any animal unfit for food, whether manufactured or not, or if it is a product of a diseased animal, or one that has died otherwise than by slaughter. Eighth — If it be sweetened by saccharine or other artificial sweetening. In the case of Confectionery — If it contain terra alba, barytes, talc, chrome yel- low, paraffine, or other mineral substance or poisonous flavor, or color, or other ingredient deleterious or detri- mental to health, or any vinous, malt or spirituous liquor, or compound or narcotic drug. In the case of Drugs — If its strength or purity fall below the pro- fessed standard or quality under which it is sold. 737. The Term "Misbranded." How Applied. The term "Misbranded," as used herein, shall apply to all articles of food or articles which enter into the composi- tion of foods, 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 be false or misleading in any particular, and to any food product which is falsely branded as to the state, territory or country in which it is manu- factured or produced. For the purpose of this chapter an article shall be deemed to be misbranded: In the case of Foods — First — If it be an imitation of or offered for sale under the distinctive name of another article. Second — If it be labeled or branded so as to de- ceive or mislead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed 10 PURE FOOD LAWS OF UTAH. in whole or in part and other contents shall have been placed in such package. Third — If in package form, and the contents are stated in terms of weight or measure, they are not correctly stated on the outside of the package. Fourth — If the package containing it, or its label, shall bear any statement, design or device regarding the ingredients, or the substances contained therein, which statement, design or device shall be false or misleading in any particular; Provided, that an article of food that does not contain any added poisonous or deleterious ingredients shall not be deemed to be misbranded or adulterated in the following cases: First — In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food under their own distinctive names, and not an imitation of, or offered for sale under the dis- tinctive name of another article, if the name be ac- companied on the same label or brand with a state- ment of the place where said article has been manu- factured or produced. Second — In the case of articles labeled, branded or tagged so as to plainly indicate that they are com- pounds, imitations or blends, and the word "com- pound," "imitation'' or "blend," as the case may be, is plainly stated on the package in which it is offered for sale; Provided, that the term "blend," as used herein, shall be construed to mean a mixture of like substances, not excluding harmless coloring or flavor- ing ingredients used for the purpose of coloring or flavoring only. And, provided further, that nothing in this chapter shall be construed as requiring manu- facturers or proprietors of proprietary foods which shall contain no unwholesome added ingredient, to disclose trade formulas except in so far as the provisions of this chapter may require to secure freedom from adul- teration or misbranding. 738. Articles to be Labeled "Imitation." No per- son shall, by himself or another, either as principal, clerk or servant, directly or indirectly, manufacture for sale, have in his possession with intent to sell, offer or expose for sale, or sell as fruit jelly, jam, or fruit butter, any imitation fruit jelly, jam, or fruit butter, or other similar compound, made or composed in whole or in part of glucose, dextrine, starch or other PURE FOOD LAWS OF UTAH. il substances under any name or designation whatever, unless the same shall be composed entirely of ingredi- ents not injurious to health, and every can, pail or pack- age of such jelly, fruit jam or fruit butter sold, offered for sale, or kept for sale in this State, shall be distinctly and durably labeled in a conspicuous place immediately preceding the name of the article sold, with the word "imitation" preceding the name of the fruit jelly, jam or fruit butter the article is intended to imitate; Provided, any fruit jelly, jam or fruit butter containing no foreign ingredient other than glucose may be labeled and sold as "glucose (or corn syrup) jelly," "fruit jam or fruit butter," as the case may be, to conform in name to the fruit or fruits used in its preparation. 739. Extracts Made of More Than One Principal Must Be Labeled With Name of Each Principal. Extracts made of more than one principal must be labeled in a conspicuous manner with the name of each principal, or else with the name of the inferior or adulterant, and in all cases when an extract is labeled with two or more names, such names must be in a conspicuous place on said label and in no in- stance shall such mixture be called imitation, arti- ficial or compound, and the name of one of the articles used shall not be given greater prominence than another; Provided, that all extracts which cannot be made from the fruit, berry, bean or other part of the plant, and must necessarily be made artificially, as raspberry, strawberry, etc., shall be labeled "imitation" in letters similar in size and immediately preceding the name of article; Provided further, that prepared cocoanut. containing nothing other than cocoanut, sugar and glycerine, shall be labeled as prepared cocoanut, and when so made need not be labeled "compound" or mixture. 740. Spirituous, Fermented or Malt Liquors. No person shall, within this State, by himself, his servant or agent, or as a servant or agent of any other person or corporation, manufacture, brew, distill, have or offer for sale, or sell any spirituous or fermented or malt liquor, containing any drug, substance or ingredient not healthful or not normally existing in said spirituous, fermented or malt liquor, or which may be deleterious or detrimental to health when such liquors are used 12 PURE FOOD LAWS OF UTAH. as a beverage, and the following drugs, substances or ingredients shall be deemed to be not healthful or not normally existing in spirituous, fermented or malt liquor, and shall be deemed to be deleterious or detri- mental to health, when contained in such liquors, to wit: Cocculus idicus, chloride of sodium, copperas, opium, cayenne pepper, picric acid, Indian hemp, strych- nine, arsenic, tobacco, darnel seed, extract of logwood, salts of zinc, copper or lead ; alum, methyl alcohol and its derivatives, and any extract or compound of any of the above drugs, substances or ingredients, and any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor. 741. Baking Powder. No person by himself, his servant, or his agent, or as the servant of any other person, shall : First, make or manufacture baking powder or any other mixture or compound intended for use as baking powder; Second, or sell, exchange, deliver, or offer for sale or exchange, such baking powder or any mixture or compound intended for use as baking powder, unless the same shall contain not less" than ten (10) per cent available carbon dioxide, and unless the common commercial names of all the ingredients be printed on the label. 742. Milk. Milk must be whole milk and must contain not less than three and two-tenths per cent of fat and twelve per cent solids. Milk from which cream has been removed must be labeled and sold as "Skimmed." The sale of milk which is impure, un- wholesome or adulterated, or from cows which are diseased, or fed upon the refuse of a distillery or brew- ery, or upon any substance deleterious to the quality of the milk, such as garbage, swill or any substance in a state of putrefaction, is prohibited. The addition of coloring matter or preservatives to milk is pro- hibited. 743. Id. Skimmed Milk, Diluted, Evaporated Milk. No person shall sell, exchange, deliver or have in his custody or possession with intent to sell, exchange or deliver, milk from which the cream or any part thereof has been removed, unless in a conspicuous place, above the center, upon the outside of every ves- sel, can or package from or in which milk is sold, the PURE FOOD LAWS OF UTAH. 13 words "Skimmed Milk" are distinctly marked in un- condensed Gothic letters, each not less than one inch in height. Such skimmed milk shall contain not less than nine per cent of milk solids, exclusive of fats. No per- son shall sell, exchange or deliver or have in his custody or possession with intent to sell, exchange or deliver, any evaporated milk which has been diluted to represent the proportions of natural milk, unless in a conspicuous place above the center, upon the outside of every vessel, can or package from, or in which such milk is sold, the words "Diluted Evaporated Milk" are distinctly marked in extended Gothic letters, each not less than one inch in height. 744. Tests to Determine Quality of Milk. Proofs of adulterations and skimming may be made with such standard tests and lactometers as are used to determine the quality of milk, or by chemical analysis. Cream of standard purity shall be cream produced from normal milk, free from all kinds of additions. There shall be recognized three standards of percentage of cream, known as first, second and third grades. The minimum percentage of the first grade shall be not less than thirty (30) per cent. The minimum percentage of the second grade shall be not less than twenty-four (24) per cent. The minimum percentage of the third grade shall be not less than eighteen (18) per cent." Pro- vided, that no person shall sell cream containing a less percentage of butter than is represented. The sale of cream other than in conformity with the foregoing standard is prohibited. 745. Adulterated Dairy Products. No person shall sell or offer for sale, consign or have in his possession with intent to sell or otherwise dispose of to any person, any milk, cream, butter, cheese, or other dairy products, or shall deliver to any creamery or cheese factory milk or cream to be manufactured into butter or cheese to which boracic acid, formaldehyde, salicylic acid, viscogen, or compounds containing them, or any antiseptics, have been added. Provided, that the selling of cream containing viscogen shall not be prohibited if labeled "Visco Cream." Butter of standard purity shall be butter made from normal milk or cream, free from all kinds of ad- 14 PURE FOOD LAWS OF UTAH. dition, except salt and harmless coloring matter, and shall contain not less than eighty per cent of butter fat. 746. Cattle Having Tuberculosis or Other In- fectious or Contagious Diseases. No person selling, or exchanging, furnishing or delivering milk or dairy products, shall have in his possession, at any place where milch cows are kept, any cattle having tubercu- losis or other infectious or contagious disease. It shall be the duty of the Dairy and Food Commissioner of this State, in case he shall find that cattle are kept in violation of the provisions of this chapter, to cause all such cattle having any contagious or infectious disease to be killed. 746x. Cheese. No person shall manufacture, or shall buy, sell, offer, ship, consign, expose, or have in his possession for sale, any cheese manufactured from or by the use of skimmed milk to which there has been added any fat which is foreign to such milk. 746x1. Id. No person shall manufacture, or shall buy, offer, sell, ship, consign, expose or have in his possession for sale, within this State, any skimmed milk cheese or cheese manufactured from milk from which any of the fats originally contained therein have been removed, except such cheese be not less than nine or more than eleven inches in diameter, and not less than nine inches in height. 746x2. Premises, Etc., Shall Be Kept In a Clean and Sanitary Condition. All premises, cans, bottles and utensils employed or used in the production, trans- portation, sale or delivery of milk or cream for con- sumption, or employed or used in the manufacture or sale of any food products, shall be kept in a clean and sanitary condition, and no person shall sell, offer for sale, or have in his possession with intent to sell, any milk, cream or other food product, not manu- factured, transported and offered for sale under such clean and sanitary conditions. The commissioner, or other person duly appointed by him, shall have power, when inspecting such cans, bottles and utensils used in the production, transportation, manufacture or sale of milk, cream or other food products, to order the use of any such can, bottle, or other utensil, which is in an unclean or unsanitary condition, discontinued until PURE FOOD LAWS OF UTAH. 15 such can, bottle or other utensil be thoroughly cleaned and put in sanitary condition ; and such person so in- specting such cans, bottles and other utensils, shall have power to brand, mark or tag such can, bottle or other utensil with the words, "This (can, bottle or utensil) is unfit to contain (human food, milk or cream)," as the case may be; and any person who shall erase, change, remove, conceal or obliterate any such brand, mark or tag, except for the purpose of properly cleaning and putting such can, vessel or utensil in a sanitary condition, shall be guilty of a misdemeanor, and be subject to the penalties hereinafter provided. 746x3. Bottles and Vessels to be Cleansed. Any person, firm or corporation who receives any milk or cream in cans, bottles, or vessels which have been transported over any railroad where such cans, bottles or vessels are to be returned, shall cause the said bot- tles or vessels to be immediately washed and thor- oughly cleansed and aired. 746x4. Care of Cows; Milk From Unclean or Diseased Cows. No person, firm or corporation shall keep cows for the production of milk in a crowded condition, or in stables which are not properly venti- lated, or which are filthy from an accumulation of animal' refuse or from any other cause. Nor shall milk for food purposes be drawn from cows which are them- selves in a condition of filth or uncleanliness, or from cows which are affected with tuberculosis, running sores, or any other form of disease, or from cows which are fed either wholly or in part upon distillery waste, or brewery grains, or the waste of vinegar, or that of sugar factories, not properly dried, or upon any other form of food which will produce milk which is un- healthful or unwholesome, or from cows within fifteen days before and five days after parturition ; and all milk thus produced is hereby declared to be unclean, impure, unhealthful and unwholesome milk, and any milk to which water or any other foreign substance has been added, or from which any part of the milk commonly known as "strippings" has been withheld, or which has been deprived, either wholly or in part, of any constituent naturally or normally contained in milk, is hereby declared to be adulterated milk. This section shall not be construed to prevent 16 PURE FOOD LAWS OF UTAH. the feeding of ensilage from silos. The having in pos- session by any person, firm or corporation producing milk for market, or for sale or exchange, or for manu- facturing the same into articles of food of distillery waste or brewery grains, or the waste of vinegar, or that of sugar factories, not dried as aforesaid, or any other form of food which will produce milk which is unhealthful or unwholesome, shall be considered for the purpose of this chapter as prima facie evidence of an intent to use the same contrary to the provisions of this chapter. 746x5. Cows Kept On Premises Where Contagi- ous disease Exists Prohibited. The sale of milk from cows kept upon the premises occupied by a family in which there is a contagious disease is prohibited, and no milk from such cows shall be sold or otherwise disposed of to any person until a permit shall be granted by the Dairy and Food Commissioner or his deputy, which permit shall be issued only after the said Dairy and Food Commissioner or his deputy shall receive a certificate from the Board of Health or health officer, stating that the premises have been disinfected, and in case of typhoid fever, that the privy or cesspool has also been disinfected. 746x6. Articles of Food Manufactured From Un- wholesome Milk Prohibited. No person, firm or cor- poration shall manufacture from unclean, impure, un- healthful or unwholesome milk, or from cream from the same, any article of food. 746x7. Imitation Butter; Oleomargarine. No per- son shall render or manufacture, sell, ship, consign, offer for sale, expose for sale, take orders for the future delivery of, or have in his possession with in- tent to sell, any article, product or compound made wholly or partly out of any fat, oil or oleaginous sub- stance or compound thereof, not produced from un- adulterated milk or cream from the same, and with- out the admixture or addition of any fat foreign to said milk or cream, which shall be an imitation of yellow butter, produced from pure, unadulterated milk or cream of the same with or without coloring matter; Provided, that nothing in this title shall be construed to prohibit the manufacture or sale of oleomargarine in a separate and distinct form and in such a manner PURE FOOD LAWS OF UTAH. 17 as will advise the consumer of its real character, but it must be free from coloration or ingredients that cause it to look like butter, and free from any word, brand or marking, either upon the package or upon any wrapper or upon the contents of the same, which would in any wise tend to deceive the purchaser or consumer. 746x8. Sale of Butter. It shall be unlawful for any person to sell, or offer for sale, to any person who asks, sends, or inquires for butter, any oleomargar- ine, butterine, or any substance, made in imitation or semblance of pure butter, and not made entirely from the milk of cows, with or without coloring matter. 746x9. Oleomargarine, Butterine. It shall be un- lawful for any person to expose for sale oleomargarine, butterine, or any similar substance, not marked and distinguished on the outside of each tub, package or parcel thereof by placard with the word "Oleomargar- ine" or "Butterine," and not having also upon the exposed contents of every open tub, package or parcel thereof a conspicuous placard with the word "Oleo- margarine" or "Butterine." Such placard in each case to be printed in plain, uncondensed Gothic letters, not less than one inch long, and to contain no other words thereon. 746x10. Id. Sale of. It shall be the duty of every person who sells oleomargarine, butterine, or any similar substance from any dwelling, store, office or public market, to have conspicuously posted thereon the placard or sign in letters not less than four inches in length. "Oleomargarine Sold Here," or "Butterine Sold Here." Such placard shall be approved by the Dairy and Food Commissioner. 746x11. Id. It shall be unlawful for any person to peddle, sell, solicit orders for future delivery of, or deliver from any vehicle oleomargarine, butterine or any other similar substance, without having on the outside of both sides of said vehicle the placard in uncondensed Gothic letters not less than three inches in length, "Oleomargarine," or "Butterine." 746x12. Oleomargarine, Etc., in Hotels. It shall be unlawful for any person to furnish or cause to be furnished, in any hotel, boarding house, restaurant, IS PURE FOOD LAWS OF UTAH. or at any lunch counter, oleomargarine, butterine or any similar substance to any guest, or patron of said hotel, boarding house, restaurant or lunch counter, without first notifying each guest or patron that the substance so furnished is not butter. 746x13. Use Prohibited in Public Institutions. No butter or cheese not made wholly and directly from pure milk, or cream, salt, and harmless coloring matter shall be used in any of the charitable or penal institutions of the State. 746x14. Search Warrant. When complaint shall be made on oath to any magistrate authorized to issue warrants in criminal cases, that imitation butter or imitation cheese, or any substance designed or intended to be used as a substitute for butter or cheese, is in the possession or under the control of any person or persons contrary to the provisions of the laws of this State, and that the complainant believes that it is concealed in any particular warehouse, store or re- frigerator for mercantile purposes, the magistrate, if he be satisfied that there is cause for such belief, shall issue a warrant for such property. 746x15. Id. Seizure. All such warrants shall de- scribe and designate the place and property to be searched for, and shall be directed to the sheriff of the county, or his deputy, or any constable of the county, commanding such officer to search the house, building, store or other place where imitation butter or imitation cheese, or any substance designed or in- tended to be used as imitation butter or cheese for which he is required to search, is believed to be concealed, and to bring such property, when found, and the person or persons in whose possession the same shall be found, before the magistrate who issued the warrant, or before some other magistrate or court having cognizance of the case. 746x16. Confiscation. Analysis. When any offi- cer in the execution of a search warrant under the provisions of this Chapter shall find any imitation butter or cheese, or any substance designed or in- tended to be used as an imitation of butter or cheese, and for which a search is allowed by this chapter, all the property so seized shall be safely kept by the direction of the court or magistrate so long as shall PURE FOOD LAWS OF UTAH. 19 be necessary for the purpose of being produced as evidence on any trial; Provided, that it shall be the duty of the officer who serves a search warrant issued for imitation butter, or imitation cheese, or any sub- stance designed or intended to be used as imitation butter or cheese, and alleged to be in his possession, or under the control of any person or persons contrary to law to deliver to any person authorized in writing to receive the same, a true and perfect sample of each article seized by virtue of such warrant, for the pur- pose of having the same analyzed, such analysis to be made by a chemist of any State institution, and the result of such analysis or test shall be recorded and preserved as evidence, and the expense of such analysis or test, not exceeding twenty dollars in any one case, may be included in the cost of such prosecution. If any sample be found to be imitation butter or imita- tion cheese, or substance designed or intended to be used as an imitation of butter or cheese, and that. the same, at the time of such seizure, was in the possession or under the control of any person or persons contrary to any of the provisions or requirements of this chap- ter, then and in such case the property so seized shall be confiscated under the direction of the court or magistrate; otherwise the said property shall be forth- with returned to the person or persons from whom it was taken ; and no cost or expense shall be charged to such person or persons. 746x17. Vinegar. All packages containing vinegar must be branded with the name and address of the manufacturer. All vinegars must contain not less than four per cent by weight of absolute acetic acid and must not contain any preparation of lead, copper, sulphuric acid, or any other mineral acids, vinegar eels or ingredients injurious to health. All vinegars made by fermentation and oxidation must be branded "Fermented Vinegar," with the name of the fruit or substance from which the same is made ; must be free from foreign substance, and must contain not less than one and three-fourths per cent by weight, of solids contained in the fruit or grain from which said vinegar is fermented, and not less than two and a half tenths of one per cent ash or mineral matter, the same being the product of the material from which said vinegar is manufactured. All vinegars made 20 PURE FOOD LAWS OF UTAH. wholly or in part from distilled liquor must be branded "Distilled Vinegar," and must be free from harmful artificial coloring matter. Only vinegar made from pure apple juice, free from foreign substances, drugs, or acids, and containing not less than one and three- fourths per cent, by weight, of cider vinegar solids, can be sold as apple, orchard, or cider vinegar. Malt vinegar must be made from malt, by fermentation and oxidation, without distillation, and contain, by weight, four per cent absolute acetic acid, and yield upon evaporation, at least two per cent of malt solids. 746x18. No person or persons, known as retailers, who sell vinegar by the gallon, shall reduce by water or other mixtures, the strength of vinegar, purchased and sold by them, unless he shall mark in plain figures on said package or barrel the strength of the vinegar still contained in the package. 746x19. Unsanitary Condition in Restaurants, Ho- tels, Etc. Whenever it is determined by the Dairy and Food Commissioner, his deputy or inspectors, that filthy or unsanitary conditions exist or are permitted to exist in the operation of any restaurant, hotel, bakery, confectionery, or ice cream plant, or any place where any food or drink products are manufactured, stored, deposited, sold or offered for sale, for any pur- pose whatever, the proprietor or proprietors, owner or owners, of such restaurant, hotel, bakery, confec- tionery or ice cream plant, or any person or persons owning or operating any plant where food or drink products are manufactured, stored, deposited or offered for sale, shall be first notified and warned by the commissioner, his deputy or inspectors to place such restaurant, hotel, bakery, confectionery or ice cream plant, or any other place where food or drink products are manufactured, stored, deposited, sold or offered for sale in a sanitary condition, within a reasonable length of time ; and any person or persons owning or operating any such restaurant, hotel, bakery, con- fectionery or ice cream plant, or any place where any food or drink products are manufactured, stored, de- posited, sold or offered for sale, failing to obey such notice and warning, shall be guilty of a misdemeanor. It shall be unlawful for any person affected with tuberculosis, syphilis, or any communicable disease to PURE FOOD LAWS OF UTAH. 21 be employed in any bakery, hotel or restaurant as cook or waiter, or in any other capacity which requires the handling of food. 746x20. Duty of County Attorney. It shall be the duty of the county attorney in any county of the State, when called upon by the Commissioner, to render any legal assistance in his power to execute the laws, and to prosecute cases arising under the provisions of this chapter; and all fines and assessments collected in any prosecution begun or caused to be begun by said Commissioner shall be paid into the State Treasury. 746x21. Report. Said Commissioner shall make a biennial report to the Governor, which shall contain an itemized account of all expenses incurred and fines collected, with such statistics and other information as he may regard of value. 746x22. Defacing Marks or Labels. Whoever shall deface, change, erase or remove any mark, label or brand provided for by this chapter, with intent to mislead, deceive or to violate any of the provisions of this chapter shall be held liable to the penalties of this chapter. 746x23. Penalty for Violation of Provisions of This Chapter. Any person who shall violate any pro- vision of this chapter, or who shall misbrand any package containing any article of food shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than fifty nor more than two hundred dollars. And any article of food found in his possession, in violation of any pro- vision of this chapter, shall be subject to confiscation and spoliation. 746x24. Not Liable to Prosecution, When. No dealer of food or drink products shall be held liable to prosecution if he can establish that the goods were sold under a guaranty by a wholesaler, manufacturer, jobber, dealer, or other party residing in the United States from whom purchased.' 746x25. Tainted, Decayed or Spoiled food. It shall be unlawful for any person to sell, or offer for sale, or have in his possession with intent to sell, any article of food that has become tainted, decayed, spoiled, or is otherwise unwholesome or unfit to be eaten or drunk. ..Approved this 25th day of March, 1907. 22 PURE FOOD LAWS OF UTAH. CHAPTER 2. REGULATING THE MANUFACTURE, QUALITY AND SALE OF BUTTER. 746x26. Each Package or Wrapper to be Stamped. On each package of butter manufactured and offered or exposed for sale in the State of Utah, there shall be stamped upon the wrapper or package the name of the maker thereof, with address of same and the actual number of ounces contained in said wrapper or package at the time of its manufacture. 746x27. Penalty for Violation. Any person, firm or corporation who offers to sell, or furnish, or deliver for sale, any butter unless marked as specified in sec- tion 746x26, shall be deemed guilty of a misdemeanor. Approved this 15th day of March, 1907. CHAPTER 3. RENOVATED BUTTER. An Act to prevent deception in the sale of reno- vated butter, and to license manufacturers and dealers in the same, and prescribing a penalty for the violation thereof. 746x28. Renovated Butter to be Branded. License for Sale of. No person or persons, firms or corpora- tions, by themselves or their agents or employes, shall sell, offer for sale or expose for sale or have in his or their possession for sale any renovated butter, un- less the same shall have printed upon each and every package, roll, print, square or any container of such renovated butter the words, "Renovated Butter" in letters not less than one-half inch in height, or who shall not have secured from the State Dairy and Food Commissioner, now existing under the laws of this State, a license as provided hereinafter. 726x29. Renovated Butter Defined. The term "renovated butter," as used in this chapter, is hereby defined to mean and include butter that has been re- duced to a liquid state, by melting, and drawing off such liquid or butter oil and churning or otherwise manipulating it in connection with milk or any product thereof. 746x30. License. Term. Amount of. Any person or persons, firms or corporations, desiring to manu- PURE FOOD LAWS OF UTAH. 23 facture or deal in renovated butter shall make applica- tion to the State Dairy and Food Commissioner for a license, and upon payment of license fee of the amount mentioned herein, to the State Dairy and Food Com- missioner, said State Dairy and Food Commissioner shall issue to the applicant a license. All such licensee shall expire December 31st of each year and may be issued in periods of one year or six months, upon payment of a proportionate part of the license fee. Manufacturers of renovated butter within this State shall pay an annual license fee of one thousand dollars ; wholesale dealers shall pay an annual license fee of four hundred dollars ; retail dealers in such renovated butter shall pay an annual license fee of fifty dollars; hotels, restaurants, boarding houses and all other places where .meals are served and payment is received there- for, either immediately or by the day, week or month, where such renovated butter is used shall pay an annual license fee of twenty-five dollars. The term wholesale dealers, as used herein, includes all persons, firms or corporations, who shall sell renovated butter in quanti- ties of ten pounds or more. The term retailers includes all persons who sell in quantities of less than ten pounds. All licenses while in force shall be conspicu- ously displayed in the place of business of the party or parties to whom they have been issued. The State Dairy and Food Commissioner shall require all persons holding manufacturers' or wholesale licenses, as pro- vided in this chapter, to keep a record in a form separ- ate from all other business, in which every sale of renovated butter shall be recorded, giving the quantity sold, the name and location of the buyer and the place to which it was shipped. Such record shall be access- ible at all times to duly authorized representatives of the State Dairy and Food Commissioner. 746x31. License to be Paid Into State Treasury. All license fees paid to the State Dairy and Food Commissioner under this chapter shall be paid by said Dairy and Food Commissioner into the State treasury. 746x32. Penalty. Whoever shall violate any of the provisions or sections of this chapter shall be guilty of a misdemeanor, and shall upon conviction thereof be punished for the first offense by a fine of not less than twenty-five dollars nor more than one hundred dollars, or by imprisonment in the county jail for not 24 PURE FOOD LAWS OF UTAH. less than ten days and not exceeding thirty days; and for each subsequent offense a fine of not less than fifty dollars, nor more than two hundred dollars, or by imprisonment in the county jail for not less than twenty days nor more than one hundred days, or both such fine and imprisonment, at the discretion of the court. 746x33. County Attorney Must Prosecute. Fines, Where Paid. It shall be the duty of the county at- torney of each and every county in the State, upon application, to attend to the prosecution in the name of the State of any action brought for the violation of any of the provisions of this chapter within his district. All of the fines imposed for the violation of any of the provisions of this chapter shall be paid to the county in which the fine is imposed. Approved this 9th day of March, 1905. CHAPTER 4. INSPECTION OF CATTLE, SHEEP, SWINE AND GOATS. An Act empowering the State Dairy and Food Com- missioner to inspect Cattle, Sheep, Swine and Goats before slaughtered, and the carcasses of such ani- mals before being prepared for human food, and providing a penalty for the violation of any of the provisions of this Act. It is enacted by the Legislature of the State of Utah: 746x34. Inspection by Dairy and Food Commis- sioner. Meat to be Tagged. Unwholesome Meat to be Destroyed. The State Dairy and Food Commissioner is hereby empowered to examine and inspect all cattle, sheep, swine and goats before they enter into any slaughtering, packing, meat canning, rendering or sim- ilar establishment in which they are to be slaughtered, and the meat and meat food products thereof are to be used or sold for human food; and all cattle, sheep, swine and goats found on such inspection to show symptoms of disease shall be set apart and slaughtered separately from all other cattle, sheep, swine or goats, and when so slaughtered, the carcass of said cattle, sheep, swine or goats shall be subject to a careful PURE FOOD LAWS OF UTAH. 25 examination and inspection. The Dairy and Food Commissioner may also make a post mortem examina- tion and inspection of the carcasses and parts thereof of all cattle, sheep, swine and goats to be prepared for human food at any slaughtering, meat canning, salting, packing, rendering or similar establishment in this State, and the carcasses and parts thereof of all such animals found to be sound, healthful, whole- some and fit for human food, shall be marked, stamped, tagged or labeled as "Inspected and Passed;" and said inspectors shall mark, stamp, tag, or label as "Inspected and Condemned" all carcasses and parts thereof of animals found to be unsound, unhealthful, unwholesome or otherwise unfit for human food, and all carcasses and parts thereof thus inspected and condemned shall be destroyed for food purposes by the said establish- ment in the presence of the Dairy and Food Commis- sioner or his deputy. 746x35. Sanitary Conditions, Rules and Regula- tions. Penalty. All slaughtering and packing houses shall be maintained and conducted under sanitary con- ditions, and the State Dairy and Food Commissioner is hereby authorized and empowered to make rules and regulations to carry out the provisions of this chapter, and any person, firm or corporation violating any of such rules shall be declared guilty of a misde- meanor. 746x36. Dairy and Food Commissioner May Co- operate with National Inspectors. In establishments where animals are slaughtered for human food partly for consumption within the State and partly for inter- state commerce, the Dairy and Food Commissioner may co-operate with the inspectors appointed by the National Government, and all inspections made by such inspectors under the provisions of such co-opera- tion shall be deemed a compliance with the provisions of this chapter. 746x37. Provisions of This Chapter Not Applic- able, When. The provisions of this chapter shall not apply to any animals or' the carcasses or parts thereof, that are inspected and stamped by inspectors of the National Government. 746x38. Id. The provisions of this chapter re- quiring the inspection of animals to be slaughtered 26 PURE FOOD LAWS OF UTAH. shall not apply to animals slaughtered by any farmer for domestic use. 746x39. Id. Any person who shall sell or offer for sale, the carcasses or parts thereof of any animals enumerated in this chapter, which have been examined and condemned, shall be guilty of a misdemeanor. Approved this 25th day of March, 1907. CHAPTER 69. An Act providing for the sanitary inspection of dairies and creameries, also providing for canning factories to wash vegetables and fruits, regulating the sale of soda fountain syrups and flavorings, and coloring matter in food products; the sanitary operation of slaughter houses; providing for the proper use of milk cans, and the standard measure for Bab- cock milk and cream tests and correct readings, and providing a penalty for the violation of the pro- visions hereof. Be It Enacted by the Legislature of the State of Utah: Section 1. It shall be the duty of the State Dairy and Food Commissioner or his deputies, to visit as frequently as they deem necessary, all creameries, cheese factories, condensed milk factories, dairies where milk and cream are bottled or prepared for sale, and farm dairies in the State of Utah, and inspect and score the same according to the score cards authorized by the Bureau of Animal Industry of the United States De- partment of Agriculture. A copy of the score cards shall be left with the owner and such information given as will assist the producer to improve the sanitary con- ditions or remedy such defects as the score card in- dicates. A copy of the score card shall be kept on file in the Commissioner's office. All creameries, cheese factories, condensed milk factories and dairies where milk and cream are bottled or prepared for sale, and farm dairies falling below fifty (50) points in the rating as indicated by the score card, are hereby declared to be in an unsanitary condition, and the State Dairy and Food Commissioner shall immediately proceed against them according to law. Sec. 2. No person, firm or corporation shall bottle or can fruits or vegetables or their products and offer PURE FOOD LAWS OF UTAH. 27 them for sale unless said fruits and vegetables have been previously washed in clean water continuously changed, preparatory to the canning or bottling. Sec. 3. Soda fountain syrups flavored with imi- tation flavoring extracts must, be plainly and correctly labeled. If the containers of such syrups are not displayed to the customer so that the label is readily seen, conspicuous signs must be attached to the fountain where they can be readily seen by the customer. Said signs must be printed with letters not less than one- half inch deep and read as follows: "Some of the products served at this fountain are artificially flavored and colored and contain a trace of Benzoate of Soda." Sec. 4. The use of any dye, harmless or otherwise* to color or stain the food in a manner whereby damage or inferiority is concealed is specifically prohibited. The use in Food for any purpose of any mineral dye or any coal tar dye, except those coal tar dyes here- inafter listed, shall be grounds for prosecution. The coal tar dyes hereinafter named, made specifically for use in foods, and which bear a guaranty from the manufacturer that they are free from subsidiary pro- ducts and represent the actual substance the name of which they bear, may be used in foods. In every case a certificate that the dye in question has been tested by competent experts and found to be free from harmful constituents must be filed with the State Dairy and Food Commissioner and approved by him. The following coal tar dyes which may be used in this manner are given numbers, the numbers pre- ceding the names referring to the number of the dye in question as listed in A. G. Green's edition of the Schultz-Julius Systematic Survey of the Organic Color- ing Matters, published in 1904. The list is as follows: RED SHADES. ORANGE SHADE. 107 Amaranth. 85 Orange 1. 56 Ponceau 3 R. 517 Erythrosin. GREEN SHADE. 435 Light Green S. F. YELLOW SHADE. 4 Napthol Yellow S. BLUE SHADE Yellowish. LUE SHA 693 Indisfo disulfo acid. 28 PURE FOOD LAWS OF UTAH. Each of these colors shall be free from any coloring matter other than the one specified and shall not contain any contamination due to imperfect or incomplete manufacture. Sec. 5. 1. All slaughtering, packing, meat canning, salting, rendering, or similar establishments, shall be maintained and conducted under sanitary conditions and shall be inspected under the following regula- tions by the State Dairy and Food Commissioner or his deputies. All ceilings, walls, pillars and the interior of each establishment, including partitions, shall be kept in a sanitary condition, and shall be whitewashed or painted once a year or oftener if required. When floors, or other parts of the building, or tables, or other parts of the equipment are so old or in such poor condition that they cannot be readily made sanitary, they shall be removed and replaced by suitable materials. All establishments in which animals are slaugh- tered or meats and meat food products are prepared, cured, packed, stored or handled, shall be properly screened against flies and other vermin. Walks, plat- forms or approaches leading into establishments shall be kept clean to prevent dirt being tracked into the same. 2. All tracks, trays and other receptacles ; all chutes, platforms, racks, tables and other appliances, and all knives, saws, cleavers and other tools, and all utensils, machinery and vehicles used in moving, hand- ling, cutting, chopping, mixing, canning or other processes shall be thoroughly cleaned before using. 3: The aprons, smocks or other outer clothing worn by employes who handle meat or meat food products shall be of a material that is readily cleansed and made sanitary, and only clean garments shall be worn. Per- sons who handle meat or meat food products shall be required to keep their hands clean, and they shall be required also to pay particular attention to the cleanli- ness of their boots or shoes. 4. Persons affected with tuberculosis or any other communicable disease shall not be employed in any of the departments of establishments where carcasses are dressed, meat handled, or meat products are pre- pared. Any employe of such establishment who may PUEE FOOD LAWS OP UTAH. 29 be suspected of being so affected shall be reported by the inspector in charge to the manager of the establish- ment, and to the State Dairy and Food Commissioner, who in turn shall report such case to the Secretary of the State Board of Health. 5. Hogs must be kept at least one hundred feet from slaughtering houses and fed in clean troughs and pens. The offal of all slaughtered healthy animals, ex- cept hogs, may be fed to hogs, provided that at least one-half of their daily rations consist of grain or vegetable matter. The offal of all hogs must be buried, burned or tanked. The offal of animals that is not fed to hogs must be burned, buried or tanked. 6. All yards, fences, pens, chutes, alleys and other places, belonging to the premises of such establish- ments, whether they are used or not, shall be main- tained in a sanitary condition, and no nuisance shall be allowed in the establishment or on its premises. 7. The room or compartment in which meat or meat food products are prepared, cured, stored, packed or otherwise handled, shall be free from odors from toilet rooms, catch basins, casing departments, tank rooms, hide cellars, or other similar places, shall be kept free from flies and other vermin by screening or other methods. All rooms or compartments shall be provided with cuspidors of such shape as not readily to be upset, and of such material and construction as to be readily disinfected ; and employes who expector- ate shall be required to use them. 8. Due care must be taken to prevent meat and meat food products from falling on the floor; and in the event of their having so fallen, they must be con- demned or the soiled portions removed and condemned. When meat or meat products are being emptied into tanks, some device, such as a metal funnel must be used. 9. Only good, clean and wholesome water and ice shall be used in the preparation of carcasses, parts, meat or meat food products. Whenever there is any doubt regarding the sanitary condition of the water supply, notice shall be sent immediately to the State Dairv and Food Commissioner. 30 PURE FOOD LAWS OF UTAH. 10. Wagons or cars in which meat or meat pro- ducts are transported shall be kept in a clean and sanitary condition. All wholesalers and retailers con- veying meat to the markets are required to furnish ample and complete protection against contamination by flies, requiring covered and screened conveyances for this purpose. Sec. 6. In the use of the Babcock test, the standard milk measures or pipettes shall have a capacity of 17.6 cubic centimeters, and the standard test tubes or bottles for milk shall have a capacity of 2 cubic centi- meters for each 10 per cent marked on the necks there- of; cream shall be tested by weight, and the standard unit for testing shall be 18 grams, and it is hereby made a misdemeanor to use any other standards of milk or cream measure where milk or cream is pur- chased by or furnished to creameries or cheese fac- tories and where the value of said milk or cream is determined by the per cent of butter fat contained in the same or wherever the value of milk or cream is determined by the per cent of butter fat contained in the same by the Babcock test. . In sampling cream or milk from which composite tests are to be made to determine the per cent of butter fat contained therein, no such sample or sampling shall be lawful unless a sample be taken from each weigh- ing and the quantity thus used shall be proportioned to the total weight of the cream or milk tested. Every person, corporation or company operating a creamery when using the Babcock test as a stand- ard to determine the value of any milk or cream re- ceived or brought by such person, corporation or company to be manufactured into butter, shall, when paying for such milk or cream, include in every state- ment or check issued to any patron in payment thereof, a statement of the number of pounds of butter fat, for which payment is made. Any manufacturer, merchant, dealer or agent in this State who shall offer for sale or sell a milk pipette or measure, test tube or bottle which is not correctly marked or graduated as herein provided, shall be guilty of a misdemeanor. It shall be unlawful for the owner, manager, agent or any employe of a cheese factory, creamery, or con- PURE FOOD LAWS OF UTAH. 31 densed milk factory to falsely manipulate or under-read or over-read the Babcock test, or any other contrivance used for determining the quality or value of milk or cream, or to make any false determination by. said Babcock test or otherwise. Sec. 7. Whoever shall violate any of the pro- visions of this Act, shall be guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars, or by imprisonment in the county jail for not less than ten days nor more than thirty days; or by both such fine and imprisonment, at the discretion of the court. Approved March 18th, 1911. CHAPTER 30. An Act providing for the marking, stamping and branding of cans, bottles, casks, kegs, barrels, or other receptacles used in the handling and trans- portation of dairy products, ice cream, milk, cream or soda water, and the selection and adoption of such mark or brand; prohibiting any person, com- pany or corporation from adopting or using any brand or mark which has been selected, designated or appropriated; making it unlawful for any per- son other than the rightful owner to use any can, bottle, cask, keg, barrel or other receptacle marked or branded as herein provided, or to deface or remove any such brand, mark or stamp; providing penalties for the violation of this act, and requir- ing its enforcement by the Dairy and Food Com- missioner. Be It Enacted by the Legislature of the State of Utah: Section 1. That all persons, companies and cor- porations engaged in the transportation or manufacture of any dairy product, ice cream or soda water or in bot- tling milk, cream or soda water for sale and use, may adopt a mark or marks of ownership to be stamped or marked on any can, bottle, cask, keg, barrel or other receptacle used in the handling and transportation of any of said products, and may file in the office of the Secretary of State a description of the name or •62 PURE FOOD LAWS OF UTAH. marks so used by them or either of them, and the use to be made of any such can, bottle, cask, keg, barrel or other receptacle, and cause the same to be published for two successive weeks in a weekly newspaper pub- lished and in general circulation in the State of Utah, and pay to the Secretary of State a fee of $2.00 for fil- ing the same. Sec. 2. The brand or mark so selected and adopted as herein provided may consist of a name, design, mark or marks, or some particular color of paint or enamel used upon the can, bottle, cask, keg, barrel or other receptacle, or any part thereof. Sec. 3. It shall be unlawful for any person, com- pany or corporation to adopt or use any brand or mark which has already been designated, appropriated or obtained under the provisions of this Act. Sec. 4. It shall be unlawful for any person other than the rightful owner thereof to use any can, bottle, cask, keg, barrel or other receptacle marked or branded as herein provided, for any other purpose, or for the transportation or handling of any other article or product than designated or provided for by such brand- ing. Sec. 5. It shall be unlawful for any person other than the rightful owner thereof to deface or remove any such brand, mark or stamp put upon any such can, bottle, cask, keg, barrel, or other receptacle as herein provided. Sec. 6. For the purpose of preventing the use of said cans, bottles, casks, kegs, barrels, or other re- ceptacles for any purpose other than that herein pro- vided, and to insure the wholesomeness and high quality of said products and the sanitary condition of the re- ceptacles in which the same are transported, it shall be the duty of the "Dairy and Food Commissioner" to enforce the provisions of this Act. Sec. 7. Whoever shall violate any of the provisions or sections of this Chapter shall be guilty of a misde- meanor, and shall, upon conviction thereof, be punished by a fine of not more than $100.00, or by imprisonment in the county jail, not exceeding 30 days, or by both such fine and imprisonment, at the discretion of the court. Approved March 9, 1911. Ju #w