Formaldehyde. Proviso. Decomposed. "Misbranded" defined. In case of drugs. Package. Statement on label. Fifth. If it contain formaldehyde or other harmful preservative or any added poisonous, or other added deleterious ingredient which may render such article injurious to health. But when in the preparation of food products for shipment they are preserved by any external application applied in such manner that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise, and directions for the removal of said preservative are printed on the covering, or the package, the provisions of this act shall be construed as applying only when said products are ready for consumption. Sixth. If it consist in whole or in part of a filthy, decomposed, or putrid animal, or vegetable substance, or any portion of an animal unfit for food, whether manufactured, or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter. Sec. 7. The term "misbranded," as used herein, shall apply to all drugs or articles of food, or articles which enter into the composition of food, the package, or label, of which shall bear any statement, word, 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 or drug product which is falsely branded as to the state, territory, city, town, place, or country in which it is manufactured, produced, or found. For the purposes of this act an article shall also be deemed to be misbranded: In case of drugs: First. If 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, or the contents of the box, bottle, can, or other container, sold, or exposed for sale, or delivered, or given away, or shipped, or offered for shipment, shall have been removed, in whole, or in part, and other contents shall have been placed in such package, or in such box, bottle, can, or other container, or if such package, or such box, bottle, can, or other container, as aforesaid, fail to bear a statement on its label of any quantity or proportion of any alcohol, morphine, opium, cocaine, hereon, alpha or beta eucaine, chloroform, cannabis indica, affidavit. chloral hydrate, acetanilide, or any harmful coal tar derivative or preparation, or any such substances, contained therein. But no such statement shall be required to be placed on such label if the drug is sold upon No label in case the prescription of a duly licensed physician, dental of physician's surgeon, or veterinary surgeon, which said prescription shall be kept on file by the dispensing pharmacist, or under the name of any article defined in the United States Pharmacopoeia or National Formulary, or, in the case of alcohol, or official preparations containing alcohol, when used in the manufacture of other preparations which are official in the United States Pharmacopia or National Formulary. In case of food. Food. First. If it be an imitation of, or offered for sale Imitation. under, the distinctive name of another article. Second. If it be labeled, or branded, so as to deceive, Labeled to or mislead, the purchaser, or purport to be a foreign mislead. product when not so, or if the contents of the package, as originally put up, or of the box, bottle, can, or other container, sold, or exposed for sale, or delivered, or given away, or shipped or offered for shipment, shall have been removed in whole or in part and other contents shall have been placed in such package, or in such box, bottle, can, or other container, or it shall fail to bear a statement on its label of the quantity, or the proportion of any morphine, opium, cocaine, hereon, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, acetanilide, or any harmful coal tar derivative, or preparation or any such substances contained therein. Third. If in package form and the contents are weight stated in terms of weight or measure, they are not plainly incorrectly and correctly stated on the outside of the package. given. Fourth. If the package containing it, or the box, False statement bottle, can, or other container, or its label, shall bear on can or box. any statement, word, design, or device regarding the ingredients or the substances contained therein, which statement, word, design, or device shall be false or misleading in any particular. But an article of food which does not contain any added poisonous ingredients, or in- when not gredients deleterious to health, shall not be deemed to deemed be adulterated, or misbranded, in the following cases: misbranded. No dealer 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 distinctive name of another article, if the name be accompanied on the same label, or brand, with a statement of the place where said article has been manufactured or produced. Second. In the case of articles labeled, branded, or tagged, so as plainly to indicate that they are compounds, imitations or blends, and the word "compound," "imitation," or "blend," as the case may be, is plainly stated on the package, box, bottle, can, or other container, in which it is offered for sale. But the term "blend," as used herein, shall be construed to mean a mixture of like substances, not excluding harmless coloring, or flavoring ingredients used for the purpose of coloring and flavoring only; and nothing in this act shall be construed as requiring or compelling proprietors, or manufacturers, or [of] proprietary foods, which contain no unwholesome added ingredient to disclose their trade formulas, except in so far as the provisions of this act may require to secure freedom from adulteration or misbranding. Sec. 8. No dealer shall be prosecuted under the provisions of this act when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other person residing in this State, from whom he purchased any article in question, to the effect that the same is not adulterated or misbranded. Such guaranty, to afford protection, shall contain the name and address of the person making the sale of such article to such dealer, and in such case said person shall be amenable to the prosecutions, fines and other penalties which would attach, in due course, to the dealer under the provisions of this act. Sec. 9. Any article of food, drug, or liquor, that is adulterated, or misbranded, within the meaning of this act, that is manufactured, or sold, or exposed for sale, or delivered, or given away, or shipped, or offered for shipment, within this State, together with its box, bottle, can, or other container, except as such article may be in the original package and the subject of interstate commerce, under the federal jurisdiction, is hereby declared to be a nuisance and shall be abated upon a com- Nuisance. article of food, drug, or liquor, is found, by seizure and How abated. sold under defined. Sec. 10. The word "person" as used in this act, shall "Person" be construed to import both the plural and singular, as the case demands, and shall include corporations, companies, partnerships, societies and associations. When construing and enforcing the provisions of this act, the act, omission, or failure, of any officer, agent, or other Agent's actsperson, acting for or employed by, any corporation, com how construed. pany, partnership, society, or association, within the scope of his employment, or office, shall in every case also be deemed to be the act, omission, or failure of such corporation, company, partnership, society or association, as well as that of the person. Sec. 11. In the opinion of the General Assembly an Emergency. emergency requires this act to take effect at a time later than ninety days after its passage; therefore, this act shall take effect and be in force on and after the 1st day of January, A. D. 1908. All acts and parts of acts inconsistent or in conflict herewith are hereby repealed. Approved, March 7th, 1907. CHAPTER 2. ALIENS. INDIGENT. Reports-by whom. (H. B. No. 492, by Mr. Redd.) AN ACT AN ACT TO REQUIRE SUPERINTENDENTS OF PUBLIC HOS- Be it Enacted by the General Assembly of the State of Colorado: Section 1. That immediately upon the passage of this Act and within thirty days after the same shall take effect it shall be and is hereby made the duty of the Superintendents of all public hospitals, County poor farms, County Hospitals, insane asylums or other public institutions kept and supported by public funds for caring for persons who have become public charges of this State, to make report to the State Board of Charities and Corrections of the State of Colorado in writing, of all indigent persons committed to any such institution which said indigent persons are subjects of foreign countries, or what is known as diseased and dependent |