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АСТ 1920.

TITLE 148.

CRUELTY TO ANIMALS.

For the more effectual prevention of cruelty to animals. [Stats. 186768, p. 604.]

Continued in force, Penal Code, § 23; Political Code, § 19; but repealed by act of 1873–74, p. 502.

АСТ 1921.

Providing for the more effectual prevention of cruelty to animals. [Stats. 1871-72, p. 393.]

Repealed 1873-74, p. 502.

АСТ 1922.

An act for the more effectual prevention of cruelty to animals. [1. Approved March 20, 1874; Stats. 1873-74, p. 499. 2. Amended by Stats. 1901, p. 285. 3. Stats. 1903, p. 69. 4. Stats. 1905, p. 498.]

§§ 1-5. Superseded by Civ. Code, §§ 607, 607a, 607f.

§ 6. Superseded by Pen. Code, § 597.

§§ 7, 8, 9. Superseded by Pen. Code, §§ 597a, 597b, 597c.

§ 10. Superseded by Pen. Code, § 599a.

§§ 11, 12, 13. Superseded by Pen. Code, §§ 597d, 597e, 597f.
Superseded by Civ. Code, §§ 607, 607a, 607f.
Superseded by Pen. Code, § 599b.

§§ 14, 15.

§§ 16, 17.

§§ 20, 21.

Superseded by Pen. Code, §§ 599c, 599d, 599e. § 22. Superseded by Code Civ. Proc., § 1208a.

АСТ 1923.

An act to prohibit the use of the bristle-bur, tack-bur, or other like devices on horses or other animals in this state.

[Approved March 13, 1903. Stats. 1903, p. 139.]

§ 1. Bristle-bur, tack-bur, etc., on horses, prohibited.

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§ 1. Bristle-bur, tack-bur, etc., on horses, prohibited. It shall be unlawful hereafter in this state for anyone, owner, driver or other person, having the care, custody or control of any horse or other animal, to use what is known as the bristle-bur, tack-bur, or other like device, by whatsoever name known or designated, on any said horse or other animal for any purpose whatsoever.

§ 2. Penalty. A violation of the provisions of this act shall be deemed a misdemeanor and anyone found guilty thereof shall be punished by a fine of not less than twenty-five dollars nor more than two hundred and fifty dollars, or by imprisonment in the county jail not less than ten nor more than one hundred and seventy-five days, or may be punished by both such fine and imprisonment.

§ 3. Conflicting acts repealed. All acts and parts of acts in conflict with the provisions of this act are hereby repealed.

§ 4. Act takes effect when. This act shall take effect and be in force from and after its passage.

CRUELTY TO CHILDREN.

See tit. "Infancy," post.

TITLE 149.

DAIRIES.

АСТ 1933.

An act to prohibit adulteration and deception in the sale of dairy products, defining adulteration in dairy products, to establish standards of quality in dairy products and to provide for enforcing its provisions.

[1. Approved March 15, 1907. Stats. 1907, p. 265. 2. Amended April 22, 1909. Stats. 1909, p. 1088.]

§1. Sale of adulterated milk prohibited.

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§ 1. Sale of adulterated milk prohibited. It shall be unlawful for any person to produce, manufacture or prepare for sale, or to sell or offer for sale, or have on hand for sale, any milk, or product of milk, that is adulterated within the meaning of this act.

The word "person" as used in this act shall be construed to import both the singular and plural, as the case demands, and shall include individuals, corporations, companies, societies and associations.

Acts or omissions of employees or agents. When construing and enforcing the provisions of this act, the act, omission or failure of any employee, officer, agent or other person, acting for or employed by any individual, corporation, company, 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 individual, corporation, company, society or association, as well as that of the person.

The provisions of this act shall be construed to apply to hotel-keepers. restaurant-keepers and boarding-house keepers or any person who shall serve meals and accept money therefor.

The words "product of milk” as used in this act, shall not apply to any product into which milk, or a product of milk, may enter as an ingredient or component of a food product that does not consist of milk, or milk products alone, such as pastry, confectionery and icecream, and excepting in case of condensed milk or evaporated milk or cream in which case the provisions of this act shall apply, provided, that this section shall not be construed to prevent the use of common salt (chloride of sodium) in dairy products.

Any label, printed matter, or advertising or descriptive matter appearing upon, or in connection with any package, parcel or quantity of milk or milk products when being sold, offered for sale, or having on hand for sale, and having reference to the article being sold, offered for sale, or on hand for sale, shall conform with the provisions of this

act, and if it fails to conform with the provisions of this act, such article shall be deemed adulterated under this act. It shall be unlawful for any person under this act, when selling or offering for sale, or having on hand for sale, milk or any product of milk to use the words "milk," "condensed milk," "sweetened condensed milk," "condensed skimmed milk," evaporated "cream" or "butter," either verbally or printed or written on any label or printed matter used in connection with the sale, or offering for sale, or having on hand for sale, of milk or any product of milk, or upon any bill of fare used in any hotel, restaurant or other places where meals are served when the articles shall not conform with the provisions of section two of this act.

§ 2. Definitions and standards. Milk and the products of milk enumerated in this section shall be deemed adulterated within the meaning of this act if it or they shall not conform with the following definitions and standards:

1. Milk is the fresh, clean, lacteal secretion obtained by the complete milking of one or more healthy cows, properly fed and kept, excluding that obtained within fifteen (15) days before and five (5) days after calving, and contains not less than three (3.0) per cent of milk-fat, and not less than eight and five tenths (8.5) per cent of solids-not fe, and from which no cream or fat or other solid component has been removed.

2. Skim milk is milk from which a part or all of the cream has been removed and contains not less than nine and twenty-five hundredths (9.25) per cent of milk solids.

3. Condensed milk or evaporated milk is whole milk from which a considerable portion of water has been evaporated and contains not less than twenty-four and five tenths (24.5) per cent of milk solids, including not less than seven and seven tenths (7.7) per cent milk fat.

4. Sweetened condensed milk is whole milk from which a considerable portion of water has been evaporated and to which sugar (sucrose) has been added, and contains not less than twenty-four and five tenths (24.5) per cent of milk solids, including not less than seven and seven tenths (7.7) per cent milk-fat.

5. Condensed skim milk is skim milk from which a considerable portion of water has been evaporated.

§ 6. Cream is that portion of milk, rich in milk-fat, which rises to the surface of milk on standing, or is separated from it by centrifugal force, is fresh and clean, and contains not less than eighteen (18) per cent of milk-fat.

7. Evaporated cream, clotted cream, is cream from which a considerable portion of water has been evaporated.

8. Milk-fat, butter-fat, is the fat of milk and has a Reichert-Meissel number not less than .905 (40 degrees C.).

9. Butter is the clean, nonrancid product made by gathering in any manner the fat or fresh or ripened milk or cream into a mass, which also contains a small portion of the other milk constituents, with or without salt, and contains not less than 80 per cent of milk-fat. [Amendment approved April 22, 1909; Stats. 1909, p. 1088.]

§ 3. Duty of state dairy bureau. It shall be the duty of the state dairy bureau, now existing under the laws of this state, to enforce the provisions of this act; provided, that nothing in this act shall be construed to prevent any city or county board of health or other city or county official from enforcing the provisions of this act.

§ 4. Penalty for violation of act. Fines. Any person who shall violate 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 twentyfive ($25) dollars, nor more than two hundred ($200) dollars, or by imprisonment in the county jail for not less than ten nor more than sixty days. Provided that no conviction shall be had where a conviction is sought upon any alleged sample of milk, or product of milk, unless such sample has been taken in duplicate, sealed and marked for identification, and one of such samples left with the person accused. All fines collected under this act shall be paid to the state dairy bureau when the complaint is made through the state dairy bureau and the state dairy bureau shall pay the same to the state treasurer and the amount paid by the state dairy bureau to the state treasurer is hereby appropriated to the use of the state bureau in enforcing this act for the fiscal year in which the amount was paid to the state treasurer.

§ 5. Interference with inspectors. It shall be unlawful for any person to prevent or interfere with the duly authorized inspectors or agents of the state dairy bureau, or any city or county board of health, from entering any place or premises where milk or products of milk are produced or manufactured or prepared or to prevent or interfere with such inspectors or agents in the event they deem it advisable to secure samples of milk or milk products from any person producing or selling milk or products of milk for the purpose of analyzing the same to ascertain whether this act is being violated.

§ 6. Duty of district attorney. It shall be the duty of the district attorney, upon application of the state dairy bureau or any city or county board of health to attend to the prosecution, in the name of the people, of any complaint entered for violation of any of the provisions of this act within his district.

§7. Inconsistent acts repealed. All acts, or parts of acts, inconsistent with this act are hereby repealed.

§ 8. Act takes effect when. This act shall take effect and be in force sixty days after its passage.

ACT 1934.

An act to define imitation milk and to regulate the business of producing, buying or selling imitation milk or imitation milk products, providing for the licensing of said business by the state dairy bureau, and prescribing penalties for a violation of the provisions hereof, and repealing all acts or parts of acts inconsistent herewith.

[Approved April 15, 1919. Stats. 1919, p. 89. In effect July 22, 1919.]

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§ 5.

§ 6.

§ 7. § 8.

Display of sign by restaurants, etc.

License for manufacture and sale of imitation milk.
Penalty.

Enforcement.

§ 9. Repeal of conflicting acts.

§ 1. Imitation milk defined. For the purposes of this act certain manufactured substances, certain mixtures and compounds shall be known and designated as "imitation milk," namely: (a) Any mixture or compound composed of skim milk or condensed, evaporated or powdered skim milk and any edible oil or fat other than natural milk fat, whether with or without any other ingredient or ingredients; (b) any mixture or compound made in imitation or semblance, or having the appearance or semblance, of milk or condensed or evaporated milk, or when so made or having such appearance or semblance calculated or intended, whether by intent of the compounder or other person, or by reason of the appearance or other characteristic of the mixture or compound, for use or disposition as or for milk, or as or for condensed or evaporated milk, or to induce its purchase, or use as or for milk or condensed or evaporated milk.

§ 2. Manufacture and sale of imitation milk. No person by himself, his agents or servants shall render, manufacture, sell, offer for sale, expose for sale, or have in his possession with intent to sell or to use, or to serve to patrons, customers, boarders or inmates of any hotel, dwelling-house, restaurant, public conveyance or boarding-house, any article, product or compound made wholly or in part, out of any imitation milk; provided, that nothing in this section shall be construed to prohibit the manufacture or sale, under regulations hereinafter provided, of imitation milk, of substances or compounds that may be used as imitation milk, of a separate and distinct character not resembling milk or condensed or evaporated milk, and in such a manner as will advise the purchaser and consumer of its real character, colored or containing ingredients that cause it to look unlike pure whole cow's milk or the condensed or evaporated product made therefrom; and provided, further, it is not adulterated within the meaning of this act; and provided, further, that nothing in this act shall be construed to prevent or prohibit the manufacture, sale, or use, for cooking purposes, of imitation milk as defined by section one of this act.

§ 3. Imitation milk to be labeled. Each person, who by himself, or another, lawfully manufactures any imitation milk, or any substitute that may be used as and substituted for milk or condensed or evaporated milk, shall mark the same by printing, stamping or stenciling upon the top, if the top be of sufficient size and upon the sides of each case, box, carton, or other package, in which that article or substance shall be kept, and in which it shall be removed from the place where it is produced or put up in a clear manner, in the English language, the words, "imitation milk," in printed letters in plain roman type, each of which shall not be less than one inch in height and one-half inch in width, and in addition to the above shall prepare a statement, printed

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