Proviso. Penalty. Court may restrain. the extent and by the person or persons so authorized: provided, however, that the board of health of any such city may make such regulations or orders respecting the drainage, ventilation, number of animals, and the storage and handling of manure, in any existing stables in their respective cities as in their judgment the public health requires. Acts of 1895, 213, § 3. Whoever violates the provisions of this act or of any regulation or order made pursuant thereto, shall be punished by a fine of five dollars for each day such offence continues; and any court having equity jurisdiction may restrain any such erection, occupation or use contrary to the provisions of this act. Bakeries to be drained, etc. To have cement or tiled floors. BAKERIES AND PERSONS EMPLOYED Acts of 1896, 418, § 1. All buildings occupied as biscuit, bread or cake bakeries shall be so drained and shall be provided with such a system of plumbing as shall conduce to the proper and healthful condition thereof. Acts of 1896, 418, § 2. Every room used for the manufacture of flour or meal food products shall have, if deemed necessary by the authority vested with the enforcement of this act, an impermeable floor constructed of cement or of tiles laid in cement, with an additional flooring of wood properly saturated with linseed oil. The side walls and ceilings wainscoted and of such rooms shall be plastered or wainscoted, and, if Walls to be plastered or whitewashed. Furniture and floor to be clean. Bread, etc., how kept. required by said authority, shall be whitewashed at least once in three months. The furniture and utensils in such rooms shall be so arranged that the furniture and floor may at all times be kept clean and in a proper and healthful sanitary condition. Acts of 1896, 418, § 3. The manufactured flour or meal food products shall be kept in perfectly dry and airy rooms, so arranged that the floors, shelves and all other facilities for storing the same can be easily and perfectly cleaned. Acts of 1896, 418, § 4. water-closets, nected from Every such bakery shall be provided with a proper Wash-rooms, wash-room and water-closet or closets, with ventilation etc., disconapart from the bakeroom or rooms where the manufact- bakery. uring of such food products is conducted; and no water- None to be in closet, earth-closet, privy or ashpit shall be within or cation with bakery. communicate directly with the bakeroom of any bakery. Acts of 1896, 418, § 5. direct communi. to be separate. The sleeping places for the persons cmployed in a Sleeping places bakery shall be separate from the room or rooms where flour or meal food products are manufactured or stored. Acts of 1896, 418, § 6. Any person who violates any of the provisions of this Penalties. act, or refuses to comply with any requirement of the authority vested with its enforcement, as provided herein, shall be guilty of a misdemeanor, and on conviction shall be punished by a fine of not less than twenty nor more than fifty dollars for a first offence, and for a second offence by a fine of not less than fifty nor more than one hundred dollars, or by imprisonment for not more than ten days, and for a third offence by a fine of not less than two hundred and fifty dollars and by imprisonment for not more than thirty days, or by both such fine and imprisonment. Acts of 1896, 418, § 7. comply. The owner, agent or lessee of any property affected by Owner, etc., to the provisions of sections one, two or four of this act shall, within sixty days after service of notice requiring any alterations to be made in or upon such premises, comply therewith. Such notice shall be in writing and Notice, how may be served upon such owner, agent or lessee, either personally or by mail; and a notice mailed to the last known address of such owner, agent or lessee shall be deemed sufficient for the purpose of this act. Acts of 1896, 418, § 8. served. to enforce act. The board of health of a city or town in which a bakery Board of health is situated, or in which the business regulated by this act is carried on, shall enforce the provisions of this act and shall cause copies of the same to be printed and posted in all the bakeries and places in which such business is carried on within their respective jurisdictions. GENERAL LAWS RELATIVE TO FOOD AND DRUG INSPECTION. Adulteration prohibited. Definition of terms " drugs" and "food." FOOD AND DRUGS. Acts of 1882, 263, § 1. No person shall within this Commonwealth, manufacture for sale, offer for sale, or sell any drug or article of food which is adulterated within the meaning of this act. Acts of 1882, 263, § 2. The term "drug" as used in this act shall include all medicines for internal or external use, antiseptics, disinfectants and cosmetics. The term "food" as used herein shall include confectionery, condiments and all articles used for food or drink by man. Acts of 1882, 263, § 3. Acts of 1884, 289, § 7. Drugs, how adulterated. Officinal drugs may be sold as called for, or as variation is made known to the purchaser. An article shall be deemed to be adulterated within the meaning of this act, (a.) In the case of drugs, -(1.) If, when sold under or by a name recognized by the United States Pharmacopœia, it differs from the standard of strength, quality or purity laid down therein, unless the order calls for an article inferior to such standard, or unless such difference is made known or so appears to the purchaser at the time of such sale; (2.) If, when sold under or by a name not recognized in the United States Pharmacopoeia but which is found in some other pharmacopoeia, or other standard work on materia medica, it differs materially from the standard of strength, quality or purity laid down in such work; (3.) If its strength or purity falls below the professed standard under which it is sold: adulterated. (b.) In the case of food,—(1.) If any substance or Food, how substances have been mixed with it so as to reduce, or lower, or injuriously affect its quality or strength; (2.) If any inferior or cheaper substance or substances have been substituted wholly or in part for it; (3.) If any valuable constituent has been wholly or in part abstracted from it; (4.) If it is an imitation of, or is sold under the name of, another article; (5.) If it consists wholly or in part of a diseased, decomposed, putrid or rotten animal or vegetable substance, whether manufactured or not, or, in the case of milk, if it is the produce of a diseased animal; (6.) If it is colored, coated, polished or powdered, whereby damage is concealed, or if it is made to appear better or of greater value than it really is; (7.) If it contains any added poisonous ingredient, or any ingredient which may render it injurious to the health of a person consuming it. Provisions of act not to apply to labelled com pounds or mixt. ures when not injurious to to be made rela The provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles of food or drinks, provided that the same are not injurious to health, and are distinctly labelled as mixtures or compounds. health. And no prosecutions shall at any time be maintained No prosecution under said act concerning any drug the standard of tive to drugs if strength or purity whereof has been raised since the issue same has been of the last edition of the United States Pharmacopoeia, unless and until such change of standard has been published throughout the Commonwealth. standard of raised since the issue of last macopeia, until edition of Phar such change has been published. Acts of 1882, 263, § 5. Acts of 1886, 101, § 4. shall make in inspectors, analysts and The state board of health shall take cognizance of the State board interests of the public health relating to the sale of drugs vestigations and and food and the adulteration of the same, and shall may appoint make all necessary investigations and inquiries in refer- chemists. ence thereto, and for these purposes may appoint inspectors, analysts and chemists, who shall be subject to its supervision and removal. Within thirty days after the passage of this act the The board shall said board shall adopt such measures as it may deem tions as to col make regula lecting and examining food and drugs. The board may expend eleven thousand five hundred dollars annually in provisions of this act. necessary to facilitate the enforcement hereof, and shall prepare rules and regulations with regard to the proper methods of collecting and examining drugs and articles. of food. Acts of 1891, 319, § 1. For the purpose of carrying out the provisions of chapter two hundred and sixty-three of the acts of the year carrying out the eighteen hundred and eighty-two, relating to the adulteration of food and drugs, the state board of health may expend annually a sum not exceeding eleven thousand five hundred dollars: provided, however, that not less than relation to milk three-fifths of said amount shall be annually expended for the enforcement of the laws against the adulteration of milk and milk products. Three-fifths to be expended in and its products. Samples to be furnished to of Acts of 1882, 263, § 6 (see also 1886, 318, § 1). Every person offering or exposing for sale, or deliverficers or agents. ing to a purchaser, any drug or article of food included in the provisions of this act, shall furnish to any analyst or other officer or agent appointed hereunder, who shall apply to him for the purpose and shall tender to him the value of the same, a sample sufficient for the purpose of the analysis of any such drug or article of food which is in his possession. Obstruction and its penalty. State board to report prosecu. expended. Acts of 1882, 263, § 7. Whoever hinders, obstructs, or in any way interferes with any inspector, analyst, or other officer appointed hereunder, in the performance of his duty, and whoever violates any of the provisions of this act, shall be punished by a fine not exceeding fifty dollars for the first offence, and not exceeding one hundred dollars for each subsequent offence. Acts of 1884, 289, § 2. The state board of health shall report annually to the tions and money legislature the number of prosecutions made under chapter two hundred and sixty-three of the acts of eighteen hundred and eighty-two, and an itemized account of all money expended in carrying out the provisions thereof. |