An act to prevent the manufacture, sale or transportation of adulterated, mislabeled or misbranded foods and liquors and regulating the traffic therein, providing penalties, establishing a state laboratory for foods, liquors and drugs and making an appropriation therefor.

[Approved March 11, 1907. Stats. 1907, p. 208.] Amended 1909, p. 51; 1909, p. 353; 1911, p. 1114.

The amendments of 1911 follow:

Misdemeanor to violate act. Adulterated food to be destroyed.

§ 20. Any person, firm, company or corporation violating any of the provisions of this act shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than five dollars, nor more han five hundred dollars, or shall be imprisoned in the county jail for term not exceeding six months, or by both such fine and imprisonment. Food found to be adulterated, mislabeled or misbranded within the meanng of this act may, by order of any court or judge, be seized and lestroyed. [Amendment approved April 26, 1911; Stats. 1911, p. 1114.] Dealer not to be prosecuted when he holds wholesaler's guaranty.

§ 22. No dealer shall be prosecuted under the provisions of this act, when he can establish a guaranty signed by the wholesaler, jobber, manu acturer or other party residing in the United States from whom he urchased such articles to the effect that the same is not adulterated, islabeled or misbranded within the meaning of this act, designating it, nd can also establish by satisfactory evidence that the article sold by im was mislabeled and that at the time of making such sale he was ot aware of that fact. Said guaranty to afford protection must contain be name and address of the party or parties making the sales of such rticle to said dealer, and an itemized statement showing the article pur

chased; or a general guaranty may be filed with the secretary of th United States department of agriculture by the manufacturer, wholesaler jobber or other party in the United States and be given a serial number which number shall appear on each and every package of goods se under such guaranty with the words "guaranteed under the food and drugs act June 30, 1906." In case the wholesaler, jobber, manufacture or other party making such guaranty to said dealer resides without the state, and it appears from the certificate of the director of the sta laboratory that such article or articles were adulterated, mislabeled misbranded, within the meaning of this act, or the national pure foo act, approved June 30, 1906, the district attorney must forthwith notif the attorney general of the United States of such violation. [Amen ment approved April 26, 1911; Stats. 1911, p. 1114.]

ACT 44.

To prohibit the sophistication and adulteration of wine and to preven fraud in the manufacture and sale thereof. [Approved March 7, 1887 Stats. 1887, p. 46.]

Repealed April 26, 1911; Stats. 1911, p. 1110.

ACT 48.

An act to regulate the manufacture, sale, adulteration and misbrandir of insecticides or fungicides or materials used for insecticidal o fungicidal purposes, and to provide penalties for the infraction thereof, and to appropriate money therefor.

[Approved May 1, 1911. Stats. 1911, p. 1248.]

Unlawful to manufacture adulterated insecticide. Penalty. Fines paid into school fund.

§ 1. That it shall be unlawful for any person to manufacture with this state any insecticide, paris green, lead arsenate, or fungicide whic is adulterated or misbranded within the meaning of this act; and ar person who shall violate any of the provisions of this section shall b guilty of a misdemeanor, and shall, upon conviction thereof, be fined Do to exceed two hundred dollars for the first offense, and upon conviction for each subsequent offense be fined not to exceed three hundred dollars or sentenced to imprisonment for not to exceed one year, or both suc fine and imprisonment, in the discretion of the court. Said fines an those specified in section 2 of this act to be paid into the school fun of the county in which conviction is had.

Unlawful to sell adulterated insecticide. Penalty. Article for export § 2. Any person who shall offer to deliver to any other person or an person who shall sell or offer for sale in this state any such adulterate or misbranded insecticide or paris green or lead arsenate or fungicid which is adulterated or misbranded within the meaning of this act. o export or offer to export the same to any foreign country shall be guilty

of a misdemeanor, and for such offense be fined not exceeding two hundred dollars for the first offense, and upon conviction for each subsequent offense not exceeding three hundred dollars, or to be imprisoned not exceeding one year, or both, in the discretion of the court; provided, that Lo article shall be deemed misbranded or adulterated within the provisions of this act when intended for export to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser; but if said article shall be in fact sold or offered for sale for domestic use or consumption, then this proviso shall not exempt said article from the operation of any of the provisions of this act.

Examination of specimens.

§ 3. The examination of specimens of insecticides, paris greens, lead arsenates and fungicides shall be made by the director of the agricultural experiment station of the University of California in person or by deputy, for the purpose of determining from such examination whether such articles are adulterated or misbranded within the meaning of this let; and if it shall appear from any such examination that any of such pecimens are adulterated or misbranded within the meaning of this set, the said director shall cause notice thereof to be given to the party From whom such sample. was obtained. Any party so notified shall be given an opportunity to be heard under the rules and regulations adopted by the United States government for the enforcement of the national nsecticide act of 1910, and if it appears that any of the provisions of his act have been violated by such party, then the said director shall it once certify the facts to the proper district attorney, with a copy of he results of the analysis or the examination of such article duly uthenticated by the analyst or officer making such examination, under ise oath of such officer. After judgment of the court, notice shall be iven by publication in such manner as the said director may determine. Duty of district attorney to prosecute.

§ 4. That it shall be the duty of each district attorney to whom the aid director shall report any violation of this act or present satisfactory vidences of any such violation, to cause appropriate proceedings to be ommenced and prosecuted in the proper courts of the state of California ithout delay, for the enforcement of the penalties as in such case erein provided.

vidence of proper analysis.

§ 5. In any action, civil or criminal, in any court in this state, a ertificate, under the head of said director, and the seal of said univerty, stating the results of any analysis purporting to have been made nder the provisions of this act, shall be prima facie evidence of the fact at the sample or samples mentioned in said analysis or certificate were raperly analyzed as in this act provided; that the substances analyzed ontained the component parts stated in such certificate and analysis;

and that the samples were taken from the parcels or packages or lo mentioned or described in said certificate.

Definitions: "Insecticide." Paris green. "Lead arsenate."

"Fungicide

§ 6. That the term "insecticide" as used in this act shall include an substance or mixture of substances intended to be used for preventing destroying, repelling or mitigating any insects which may infest vegeta tion, man or other animals, or households, or be present in any environ ment whatsoever. The term paris green as used in this act shall includ the product sold in commerce as paris green and chemically known as th aceto-arsenite of copper. The term "lead arsenate" as used in this a shall include the product or products sold in commerce as lead arsena: and consisting chemically of products derived from arsenic acid (H AsO,) by replacing one or more hydrogen atoms by lead. That the term "fungicide" as used in this act shall include any substance or mixture of substances intended to be used for preventing, destroying, repelling, o mitigating any and all fungi that may infest vegetation or be present in any environment whatsoever.

Adulterated paris green. Adulterated lead arsenic. Other insecticides § 7. That for the purpose of this act an article shall be deemed to be adulterated

In the case of paris green: First, if it does not contain at least fifty per centum of arsenious oxide; second, if it contains arsenic in water soluble forms equivalent to more than three and one-half per centum arsenious oxide; third, if any substance has been mixed and packe with it so as to reduce or lower or injuriously affect its quality e strength. In the case of lead arsenate: First, if it contains more than fifty per centum of water; second, if it contains total arsenic equivale to less than twelve and one-half per centum of arsenic oxide (As,0,); third, if it contains arsenic in water-soluble forms equivalent to mor than seventy-five one hundredths per centum of arsenic oxide (As0,); fourth, if any substances have been mixed and packed with it so as to reduce, lower, or injuriously affect its quality or strength; provided however, that extra water may be added to lead arsenate (as described in this paragraph) if the resulting mixture is labeled lead arsenate and water, the percentage of extra water being plainly and correctly stated on the label.

In the case of insecticides or fungicides, other than paris green and lead arsenate: First, if its strength or purity fall below the profess standard or quality under which it is sold; second, if any substance ha been substituted wholly or in part for the article; third, if any valuab constituent of the article has been wholly or in part abstracted; fourth if it is intended for use on vegetation and shall contain any substance or substances which, although preventing, destroying, repelling, or mit gating insects, shall be injurious to such vegetation when used.