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TITLE 44.

ACT 579.

ATTORNEY GENERAL.

The better to enable the collection of judgments in favor of the state. [Stats. 1858, p. 159.]

This act authorized the attorney general to bid in property under execution in favor of and for the benefit of the state. It was superseded by Political Code, § 470, subd. 8.

ACT 580.

To provide the office of the attorney general with law books required by him for the conduct of his business and requiring the state librarian to provide and furnish the same. [Stats. 1895, p. 65.]

ACT 590.

TITLE 45.

ATTORNEYS AT LAW.

Concerning attorneys and counselors at law. [Stats. 1851, p. 48.] Amended 1859, p. 60; 1861, p. 40; 1869-70, p. 578. Superseded by Code of Civil Procedure, § 275 et seq.

This act related to the admission and disbarment of attorneys.

ACT 600.

TITLE 46.
AUBURN.

Authorizing the trustees of Auburn to remove a cemetery and to donate the land occupied thereby to the public for a park. [Stats. 1895, p. 109.]

TITLE 47.
BAKERIES.

ACT 610.

An act regulating the sanitary conditions of bakeries, prescribing conditions connected with the manufacture and sale of bakery products and fixing penalties for violation of the provisions thereof.

[Approved June 2, 1921. Stats. 1921, p. 1191. In effect August 1, 1921.]

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§ 1. Sanitary conditions of bakeries. Any building, or portion of any building, occupied or used as a bakery, wherein is carried on the

business of the production, preparation, storage or display of bread, eakes, pies and other baking products intended for sale for human consumption, shall be clean, properly lighted, drained and ventilated. Every such bakery shall be provided with adequate plumbing and drainage facilities including suitable wash-sinks, toilets and water-closets. All toilets and water-closets shall be separate and apart from the rooms in which the bakery products are produced or handled. All wash-sinks, toilets and water-closets shall be kept in a clean and sanitary condition and shall be in well-lighted and ventilated rooms. The floors, walls and ceilings of the rooms in which the dough is mixed and handled or the pastry prepared for baking or stored, shall be kept and maintained in a clean, wholesome and sanitary condition. All openings into such rooms, including windows and doors, shall be properly screened or otherwise protected to exclude flies. No working rooms shall be used for purposes other than those directly connected with the preparing, baking, storage and handling of food, and shall not be used as washing, sleeping, or living rooms. Rooms shall be provided for the changing and hanging of wearing apparel apart and separate from such work rooms, and such rooms, as so provided for the changing and hanging of wearing apparel, shall be kept clean at all times.

§ 2. Enforcement by state board of health. The California state board of health shall make all necessary rules for carrying into effect the foregoing section and for the enforcement of the provisions thereof. If after inspection, such board shall find that any bakery is being operated in violation of the provisions hereof, notice in writing shall be given to the proprietor wherein shall be stated the particulars in which such bakery is not being properly conducted, and fixing a reasonable time, not less than thirty days, in which such conditions shall be remedied. If the requirements of such notice shall not be complied with, said board shall order such bakery closed and it is hereby empowered to take all necessary steps to enforce such order; provided, that if any person, firm or corporation shall feel aggrieved by any order of said board, it shall have the right to appeal to the superior court of the county in which is located said bakery; provided, further, that on the taking of said appeal the owner or operator of said bakery shall furnish bond to the approval of the board; and, provided further, that said appeal shall be taken within a period of thirty (30) days from the order of said board. §3. Cleanliness of employees. No employee or other person shall sit or lie upon any of the tables, benches, troughs, shelves, et cetera, which are intended for the dough or bakery products. No animals or fowls shall be kept or allowed in any bakery or other place where bread or other bakery products are produced or stored. Before beginning the work of preparing, mixing and handling the ingredients used in baking, every person engaged in the preparation or handling of bakery products shall wash the hands and arms thoroughly and rinse in clean water; and for this purpose sufficient wash-basins and soap and clean towels shall be provided. Every person engaged in such work shall wash the hands and arms after using toilet-rooms or water-closets. Employees or other persons affected with any venereal disease, smallpox, diphtheria, scarlet fever, yellow fever, tuberculosis or consumption, bubonic plague, asiatic cholera, leprosy, typhoid fever, epidemic dysentery, measles, mumps, whooping cough, chickenpox, or any other cutaneous or infectious disease,

shall not work or be permitted to work in any such bakeries or be permitted to handle any of the products therein or delivered therefrom. Any person engaged in any of the work above mentioned, who knowingly is infected with any of the diseases specified in this section, or any employer, who knowingly employs such person shall be deemed guilty of violating the provisions of this act and shall be subject to the penalties provided for violation thereof. The state board of health shall make all necessary rules for carrying into effect the foregoing section.

§ 4. Water supply. All water for mixing the dough or used in the mixing of any other bakery products shall be pure and wholesome. In case the water supply is taken from a well, the baker shall have a certificate of the purity of said water supply from the state board of health, or from any city or county health board within the state of California. Bakers shall not use the water from wells, the water of which is not so certified to be pure and wholesome.

§ 5. Wagons, baskets, etc. The wagons, boxes, baskets and other receptacles in which bread, cake, pies or other bakery products are transported, shall be kept in a clean and wholesome condition at all times and free from dust, flies and other contamination. All showcases, shelves, or other places where bakery products are sold, shall be kept well covered, properly ventilated, well protected from dust and flies, and shall be kept in a sweet, clean and wholesome condition at all times. Boxes or other receptacles for the storing or receiving of bread and other bakery products, before and after the retail stores and selling places are open, shall be so constructed and placed as to be free from the contamination of streets, alleys and sidewalks, and shall be raised at least four inches from the sidewalk or street and shall be kept clean and sanitary, and no bread shall be placed in any such box along with any other articles of food other than bakery products.

§ 6. Purity of ingredients. Labels. All materials used in the production or preparation of bakery products shall be stored, handled and kept in a way to protect them from spoiling and contamination, and no material shall be used which is spoiled or contaminated, or which may render the bread or other bakery products unwholesome or unfit for food. The ingredients used in the production of bread and other bakery products and the sale or offering for sale of bread and bakery products shall comply with the provisions of the California laws against adulteration and misbranding. No ingredients shall be used which may render the bread or other bakery products injurious to health. No ingredients shall be used which may deceive the consumer or which lessens the nutritive value of the bakery product without being plainly labeled, branded or tagged or having a sign making such facts plain to the purchaser or consumer under rules to be prescribed by the state board of health; provided, however, that in case of bread to be sold by the loaf such labeling shall be, in the case of unwrapped bread, placed upon the same sticker as hereinafter provided to show the name of the manufacturer.

§ 7. Handling and sale. Return of products. All handling or sale of bread or other bakery products and all practices connected therewith shall be conducted at all times so as to prevent the distribution of contamination or disease among consumers, so as to prevent the distribution of the infection in bread commonly known as "rope" or other bakery

infections, and so as to protect the food supply against waste. No bread or other bakery products except as hereinafter provided shall be returned from any consumer or other purchaser to the dealer or baker nor from any dealer to the baker, and no baker or dealer shall directly or indirectly accept any returns or make any exchange of bread or other bakery products from any dealer, restaurant or hotelkeeper, consumer or any other person and all bread and all other bakery product shall be kept moving to the consumer in as direct a line as may be practicable and without unreasonable delay and without any exchange, return or practice whatsoever which may disseminate contamination, disease or fraud among consumers or infection among bakeshops, or which may cause waste in the food supply. The state board of health shall make such reasonable rules as may be necessary for carrying into effect the foregoing provisions of this section; provided, that this section shall not be construed to apply to crackers or to such other bakery products as are packed at the place of production in cartons, cans, boxes or similar permanent containers and where the product is so packed or sealed at the place of production as to fully protect the freshness and wholesomeness of the product and to protect it from contamination, adulteration, deterioration and fraud in the channels of trade and which remains in the original unbroken package in which such bakery product has been packed, except in so far as may be necessary to prevent waste in the food supply; provided, further, that the state board of health may by rules establish such exemptions as may be necessary to facilitate the sale of any accumulated or unsold stocks of wholesome bread or other bakery products, but any such exemptions or sales shall not be in violation of the expressed purposes of this section; provided, further, that the phrase "permanent containers" shall not be construed to include the paper or parchment wrappers as used in wrapping loaves of bread.

§8. Label indicating manufacturer. Every loaf of bread made or procured for the purpose of sale, sold or offered for sale except when sold directly from the manufacturer to the consumer, shall have affixed thereon in a conspicuous place a label indicating the manufacturer, or bearing the registered trademark or trade label of such manufacturer. In case of wrapped bread, such information shall be stated in a plain position upon the wrapper of each loaf, and in the case of unwrapped bread shall be stated upon a label no larger than one by one and onehalf inches in size and not smaller than one inch by three-quarters of an inch, and such label affixed to an unwrapped loaf shall not be affixed in any manner or with any gums or pastes which are unsanitary or anwholesome.

§9. Penalties. Any person, firm or corporation who shall violate any of the provisions of this act shall be subject to a fine of not less than ten dollars, nor more than one hundred dollars, and each day's continuance of any practice, act or condition prohibited herein shall constitute a separate offense within the meaning of this act.

§ 10. Power of local authorities limited. Except as in this act provided, no city or town or any board or officer thereof shall have power to enact or make any ordinance, law, resolution, rule or order, affecting the matters covered by this act.

§ 11. Validity of act. That if any clause, sentence, paragraph, or part of this act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect; impair or invalidate the remainder of this act, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment has been rendered. § 12. Repealed. All acts or parts of acts in conflict herewith are hereby repealed.

ACT 611.

An act establishing and standardizing the weight of loaves of bread and regulating the sale thereof.

[Approved June 2, 1921. Stats. 1921, p. 1196. In effect August 1, 1921.] Standard weights for bread. Twin loaves.

Exceptions.

§ 1.

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§ 3.

§ 4.

§ 5.

§ 1.

Enforcement.

Repealed.

Standard weights for bread. Twin loaves. All loaves of bread made or procured for the purpose of sale, sold, offered or exposed for sale in the state of California shall weigh, six hours after baking, not less than sixteen ounces avoirdupois, except as hereinafter provided, and such weight shall be the standard weight of a small loaf in the state of California. Bread may also be made or procured for sale, sold or offered or exposed for sale in twenty-four ounce loaves, which shall be known as a standard large loaf; also, in multiples of the standards fixed for the small and large loaves and no other. Commercial tolerances in excess are hereby fixed for small loaves of one ounce and for large loaves of two ounces, and there shall be no tolerance below or in deficiency of the fixed standard weight. Bread commonly known as "twin loaves" or multiple loaves may be made or procured for the purpose of sale, sold, offered or exposed for sale, providing each unit of such "twin" or multiple loaf conforms to the standard weights as herein fixed. The commercial tolerance fixed for small loaf shall apply to each unit of the "twin" or multiple loaf.

§ 2. Penaltics. Any person, firm or corporation who shall make or procure for the purpose of sale, sell, offer or expose for sale within the state of California any bread in loaves otherwise than herein provided for or in conflict with the standard weights of bread when baked as herein fixed, shall be guilty of a misdemeanor. All inspection of the weight of bread shall be made on the premises of the maker or manufacturer by averaging the weight of not less than twenty loaves of bread of any one unit and such average weight per loaf shall not be less than the minimum or more than the maximum weight herein fixed for such units.

§ 3. Exceptions. The provisions of this act shall not apply to crackers, pretzels, biscuits, buns, scones, rolls or loaves of fancy bread weighing less than one-fourth of a pound avoirdupois or to what is commonly known as "stale bread," sold as such, provided the seller shall, at the time of sale, expressly state to the buyer that the bread so sold is stale bread.

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