bers of said commission, to be known as "The commissioners for the revision and reform of the law," and to prescribe their powers and duties; and to authorize the appointment of a secretary and stenographer therefor; and to provide for the compensation and expenses of said commission, secretary, and stenographer, and to appropriate money therefor. [Approved March 28, 1895. Stats. 1895, p. 345.] Amended 1903, p. 479; 1905, p. 403; 1907, p. 294; 1909, p. 997.

The commission as originally created consisted of three persons. It was reduced to one person in 1903. The amendment of 1905 provided that the commission should terminate May 1, 1907. By the Act of 1907 the existence of the commission was continued until

October 1, 1911. It was then to cease to exist. An additional appropriation was made in 1909 but the date of the termination of the commission was not changed.

АСТ 1451.

TITLE 114.
COLD STORAGE.

An act relating to cold storage, the regulation of refrigerating warehouses, the disposition or sale of food kept or preserved therein, and defining the duties of the state board of health in relation thereto. [Approved June 13, 1913. Stats. 1913, p. 769.]

Amended 1. 1915, p. 601. 2. 1917, p. 152.

§ 1. "Cold storage" defined.

§ 2.

§ 3.

§ 4.

5.

§ 6.

§ 7.

§ 8.

9.

§ 10.

Application to operate cold-storage plant. License fee. Restau-
rants, hotels, etc., excepted.

Use of unsanitary places for cold storage prohibited.
Record of receipts and withdrawals. Quarterly reports.
Diseased articles not to be stored. Articles for other than
human consumption to be marked.

Board of health to supervise and inspect cold storage plant.
Dates of receipt and withdrawal marked on articles.
Maximum period twelve months. Extension of period.
Notice: "These are cold storage goods."

Unlawful to return cold stored articles to cold storage.
Rules and regulations.

§ 11.

§ 12.

Penalty.

§ 13.

Acts repealed.

§ 1. "Cold storage" defined. The term "cold storage" as used in this act shall be construed to mean a place artificially cooled to a temperature of forty degrees Fahrenheit or below but shall not include such a place in a private home, hotel, restaurant, or exclusively retail establishment not storing articles of food for other persons. The term "cold stored" as used in this act shall be construed to mean the keeping of "articles of food," in "cold storage" for a period exeeeding thirty days. The term "articles of food" as used in this act shall be construed to mean and include fresh meat and fresh meat products (except in process of manufacture), fresh and dried fruit and vegetables, fish, shellfish, game, poultry, eggs, butter and cheese. The term "storer" as used in this act shall be construed to mean the person or persons who offer articles of food for cold storage. [Amendment approved May 19, 1915. Stats. 1915, p. 601.]

§ 2. Application to operate cold storage plant. License fee. Restaurants, hotels, etc., excepted. Any person, firm or corporation desiring to

operate a cold storage or refrigerating warehouse wherein shall be stored "articles of food" for a period exceeding thirty days, shall make application in writing to the state board of health for that purpose, stating the location of its plant or plants. On receipt of the application the state board of health shall cause an examination to be made into the sanitary condition of said plant or plants and if found to be in a sanitary condition and otherwise properly equipped for the business of cold storage, the state board of health shall cause a license to be issued authorizing the applicant to operate a cold storage or refrigerating warehouse for and during a period of one year.

License fees. The license shall be issued upon payment by the applicant of a license fee to the state board of health for each and every warehouse or plant operated by applicant under the provisions of this act for all cold storage or refrigerating warehouses or plants having a capacity of ten thousand cubic feet, or less, a fee of fifteen dollars. For all cold storage or refrigerating warehouses or plants having a capacity of more than ten thousand cubic feet and less than fifty thousand cubic feet, a fee of thirty dollars. For all cold storage or refrigerating warehouses or plants having a capacity of more than fifty thousand cubic feet and less than one hundred thousand cubic feet, a fee of forty dollars. For all cold storage or refrigerating warehouses or plants having a capacity of one hundred thousand cubic feet or more, a fee of fifty dollars.

Account and disposition of fees. The secretary of the state board of health shall keep a full and correct account of all fees received under the provisions of this act, and shall, at least once each month, deposit all such fees collected with the state treasurer and make a detailed report covering same to the state controller, and such moneys shall be credited to the appropriation for the support of the pure food and drug laboratory;

Restaurants, hotels and retail establishments excepted. provided, however, that nothing in this act contained shall apply to cold storage or cold storage or refrigerating plants or warehouses as herein defined which are maintained or operated by restaurants, hotels, or exclusively retail establishments not storing articles of food for other persons. [Amendment approved April 20, 1917; Stats. 1917, p. 152.]

This section was also amended in 1915. Stats. 1915, p. 601.

§ 3. Use of unsanitary places for cold storage prohibited. In the event that any place or places, or any part thereof, covered by a license, under the provision of this act shall at any time be deemed by the state board of health to be in an unsanitary condition, it shall be the duty of the state board of health to notify licensee of such condition and upon the failure of the licensee to put said specified place or places, or the specified part thereof, in a sanitary condition within a designated time it shall be the duty of the state board of health to prohibit the use under its license [of] such specified place or places, or part thereof, as it deems in an unsanitary condition until such time as it may be put in a sanitary condition.

§ 4. Record of receipts and withdrawals. Quarterly reports. It shall be the duty of any person, firm or corporation, licensed to operate a cold storage or refrigeration warehouse to keep an accurate record of the receipts and the withdrawals of the articles of food, and

the state board of health shall have free access to these records at any time.

Every such person, firm or corporation, shall, furthermore, submit a quarterly report to the state board of health, setting forth in itemized particulars quantity of food products held in cold storage. Such quarterly reports shall be filed on or before the twenty-fifth day of January, April, July and October of each year, and the reports so rendered shall show the conditions existing on the first day of the month in which the report is filed. The state board of health shall have the authority to require such reports to be made at more frequent intervals than the times herein specified, if in the judgment of the state board of health more frequent reports shall be needed in the interest of a proper enforcement of this act, or for other reasons affecting the public welfare.

§ 5. Diseased articles not to be stored. Articles for other than human consumption to be marked. No storer shall place in cold storage any article of food intended for human consumption, if diseased, tainted or deteriorated so as to injure its keeping qualities, or if not slaughtered, handled and prepared for storage in accordance with the pure food and sanitary food laws and such rules and regulations as may be prescribed by the state board of health for the sanitary preparation of food products for cold storage, under the authority hereinafter conferred. Any article of food if intended for use other than human consumption before being cold stored shall be marked by the owner in accordance with forms prescribed by the state board of health, under authority hereinafter conferred, in such a way as to plainly indicate the fact that such articles are not to be sold for human food.

§ 6. Board of health to supervise and inspect cold storage plants. It shall be the duty of the state board of health to inspect and supervise all cold storage or refrigerating warehouses in this state, and to make such inspection of the entry of articles of food therein as the state board of health may deem necessary to secure proper enforcement of this act. The members of the state board of health or its duly authorized agents, inspectors or employees, shall be permitted access to such establishments and all parts thereof at all reasonable times for purposes of inspection and enforcement of the provisions of this act. The state board of health may also appoint and designate, at such salary or salaries as it may designate, such person or persons as it deems qualified to make the inspections herein required.

§7. Dates of receipt and withdrawal marked on articles. All articles of food when deposited in cold storage shall be marked plainly on the containers in which they are packed or on the individual article with the date of receipt, in accordance with such rules and forms as may be prescribed by the state board of health, under the authority hereinafter conferred; and when removed from cold storage shall be marked in like manner with the date of withdrawal. [Amendment approved April 20, 1917; Stats. 1917, p. 153.]

§ 8. Maximum period twelve months. Extension of period. No person, firm or corporation as owners or having control shall keep in cold storage any article of food for a longer period than twelve

calender months, except with the consent of the state board of health, as hereinafter provided. The state board of health, shall, upon application, grant permission to extend the period of storage beyond twelve months for a particular consignment of goods, if the goods in question are found, upon examination, to be in proper condition for further storage at the end of twelve months. The length of time for which further storage is allowed shall be specified in the order granting the permission. A report on each case in which such extension of storage may be permitted, including information relating to the reason for the action of the state board of health, the kind and the amount of goods for which the storage period was extended, and the length of time for which the continuance was granted, shall be included in the annual report of the state board of health.

§ 9. Notice: "These are cold storage goods." It shall be unlawfu! to sell, or to offer or expose for sale, uncooked articles of food which have been cold stored without notifying persons purchasing, or intending to purchase, the same that they have been kept in cold storage by the display, in a conspicuous place and upon the articles of food, of a sign marked, "These are cold stored goods," in type at least two inches high; and it shall be unlawful to represent or advertise as fresh goods articles of food which have been placed in cold storage.

§ 10. Unlawful to return cold stored articles to cold storage. It shall be unlawful to return to cold storage any article of food that has once been released from such storage and placed on the market for sale to consumers, but nothing in this section shall be construed to prevent the transfer of goods from one cold storage or refrigerating warehouse to another, provided, that such transfer is not made for the purpose of evading any provision of this act.

§ 11. Rules and regulations. The state board of health may make rules and regulations to secure a proper enforcement of the provisions of this act, including rules and regulations with respect to the sanitary preparation of articles of food for cold storage, the use of marks, tags, or labels, and the display of signs, and the violation of such rules shall be punished on conviction, as provided in section 12 of this act.

§ 12. Penalty. Any person, firm or corporation violating any of the provisions of this act shall upon conviction be punished for the first offense by a fine not exceeding five hundred dollars, and for the second offense by a fine not exceeding one thousand dollars, or by imprisonment for not more than ninety days, or by both such fine and imprisonment.

§ 13. Acts repealed. All acts and parts of acts in conflict herewith are hereby repealed.

ACT 1452.

An act to regulate the sale of eggs and butter that have been in cold storage for a longer period than three months, requiring the labeling thereof by all persons selling or offering the same for sale, empowering and directing the state board of health to make rules and regu

lations to carry this act into effect and fixing penalties for the violation of the same, or any of the provisions.

[Approved March 14, 1911. Stats. 1911, p. 356.]

§ 1. Definitions. For the purpose of this act the words "person, firm, company or corporation" shall include wholesalers, retailers, jobbers, and every place where eggs or butter that have been in cold storage for a longer period than three months are sold or offered for sale.

§ 2. Marking cold storage packages. Every person, firm, company or corporation, who sells or offers for sale any eggs or butter that have been in cold storage for a longer period than three months shall, before so doing cause to be stamped, marked or branded upon all sides of each receptacle holding and containing the same in blackfaced letters two inches in length the period of time during which the same have been in cold storage.

§ 3. Sign. That every person, firm, company or corporation selling or offering for sale any cold storage eggs or butter, shall display in a conspicuous place in his or their salesroom, a sign bearing the words "Cold-storage eggs or butter sold here" in black-faced letters not less than six inches in length upon a white ground.

§ 4. Penalty. Every person, firm, company or corporation, who shall fail to comply with any of the provisions of this act is guilty of a misdemeanor and punishable by imprisonment in the county jail for a term not exceeding six months, or a fine of two hundred and fifty dollars, or both fine and imprisonment.

§ 5. Rules. The state board of health is hereby authorized and directed to make rules and regulations necessary to carry this act into effect.

§ 6. In effect when. This act shall take effect immediately.

АСТ 1453.

An act regulating the sale of cold storage eggs and butter, represented to be fresh eggs and butter, and fixing a penalty for the violation thereof.

[Approved March 6, 1911. Stats. 1911, p. 285.]

§ 1. Selling storage eggs and butter as fresh.

§ 1. Selling storage eggs and butter as fresh. Every person, firm, company or corporation, who sells or offers for sale any cold storage eggs or butter, as and for fresh eggs or butter, or who by any means. whatever represents the same to be fresh eggs or butter is guilty of a misdemeanor.