Milk sold or exchanged or offered or exposed for sale or exchange as and for graded milk under the designation, label or other representation of "guaranteed," "grade A," or "grade B" milk shall have the name of the grade and whether raw or pasteurized marked on the container or cap of the container in capital letters not less than one-eighth inch long and one-sixteenth inch wide; and provided, further, that milk not suitable for human consumption shall be plainly marked "Unfit for human consumption" as provided in sections seven, ten, eleven and seventeen of this act.

No distinguishing names, marks or words other than those specified in this act shall appear on any bottle, cap, can or container to signify or describe the quality or in any other way distinguish the milk or cream contained therein from similar products of the same class or grade.

§ 21. Counties, etc., may maintain inspection service. Counties, or groups of counties, cities or groups of cities, or cities and counties, are hereby authorized to maintain a milk inspection service and laboratory conformable to requirements as set forth by the department of agriculture of the state of California.

§ 22. Duty of department of agriculture. It shall be the duty of the department of agriculture of the state of California either directly or indirectly through authorized inspectors, agents or other employees or through local inspecting departments to inspect dairies and milk plants, to examine and test cows, to exclude reacting animals from the herds, to mark indelibly by tattooing the ear with the capital letter "T" one inch long, any cattle which under the provisions of this act have been tested with tuberculin and found to react to the test, to supervise or conduct and supervise milk scoring or other contests when deemed advisable, and to enforce all the other provisions of this act.

The department of agriculture of the state of California is hereby authorized to approve milk inspection service and to make such rules and regulations as may be necessary from time to time to enforce any provision of this act.

§ 23. Duty of district attorneys. It shall be the duty of the district attorney of each and every county of this state, upon application of the said department of agriculture, or of any milk inspecting department in said county, or their authorized representatives, to attend to the prosecution, in the name of the people of any action brought for the violation of any of the provisions of this act within his county.

§ 24. Offenses and penalties. It shall be unlawful for any person, firm or corporation to fail, neglect or refuse, or to direct or knowingly permit any employee to fail, neglect or refuse to do any of the things required to be done by the provisions of this act or by the rules and regulations authorized in section twenty-two of this act; and it shall be unlawful for any person, firm or corporation to do, or to direct or knowingly permit any employee to do, any of the things prohibited by the provisions of this act or by said rules and regulations; and in every case the failure, neglect or refusal to do anything required by this act or by said rules and regulations; and the doing of anything prohibited by this act or by said rules and regulations, is hereby declared to be

a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars. Any person who violates any provision of this act or who directs or knowingly permits an employee to violate any of said provisions, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars, or by imprisonment in the county jail for not less than ten days nor more than sixty days, or by both such fine and such imprison

ment.

Any firm, corporation, society or association which violates any of said provisions shall be guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars nor more than two hundred dollars.

In the event an officer, director, manager or managing agent of any firm, corporation, society, or association violates any of the provisions of this act, or directs or knowingly permits any employee to violate any of said provisions, such officer, director, manager or managing agent shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than two hundred dollars, or by imprisonment in the county jail for not less than ten days, nor more than sixty days, or by both such fine and such imprisonment, and in such a case, the firm, corporation, society or association shall also be guilty and upon conviction shall be fined not less than twenty-five dollars nor more than two hundred dollars.

§ 25. Constitutionality. If any section, subsection, sentence, clause or phrase of this act is for any reason held to be unconstitutional such decision shall not affect the validity of the remaining portions of this act. The legislature hereby declares that it would have passed this act, each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more of the sections, subsections, sentences. clauses or phrases be declared unconstitutional.

§ 26. Repeal of conflicting acts. All acts or parts of acts in conflict herewith are hereby repealed.

ACT 1943.

An act to regulate the preparation, manufacture, care and marketing of milk products, to prevent fraud and to protect the public health in the preparation and marketing of said milk products, to prohibit the introduction of foreign fats into milk products, providing for the enforcement and prescribing penalties for the violation hereof. [Approved May 29, 1923. Stats. 1923, p. 509.]

§ 2. Definitions. Standard of composition.

§ 3. Unlawful to sell, etc. Certain milk products.

§ 4.

§ 5. § 6.

Unlawful sale, etc., of condensed or evaporated skim milk.
Penalty.

Enforcement of act.

§ 7. Constitutionality.

§ 1. Title of act. This act shall be known and may be cited or referred to as the "prepared milk act."

§ 2. Definitions. Standard of composition. That for the purposes of this act, condensed, evaporated and/or concentrated milk is defined as milk from which a considerable portion of water has been evaporated. The standard of composition of condensed, evaporated or concentrated milk shall be that proclaimed and established from time to time, by the secretary of the United States department of agriculture. Condensed, evaporated or concentrated skim milk is skim milk from which a considerable portion of water has been evaporated, and which contains not less than eighteen per cent of milk solids. Skim milk, as herein used, is defined as milk from which a part or all of the cream has been removed and contains not less than eight and eight-tenths per cent of milk solids.

§ 3. Unlawful to sell, etc., certain milk products. It shall be unlawful for any person, firm or corporation, by himself, his servant or agent, or as the servant or agent of another, to manufacture, sell, exchange or have in possession with intent to sell or exchange, any milk, cream, skim milk, buttermilk, condensed or evaporated milk, powdered milk, condensed skim milk, or any of the fluid derivatives of any of them to which has been added any fat or oil other than milk fat, either under the name of said products, articles or the derivatives thereof, or under any fictitious or trade name whatsoever; provided, however, that the fat naturally contained in chocolate and not separated therefrom, is hereby declared not to be a fat or oil within the meaning of this act.

§ 4. Unlawful sale, etc., of condensed or evaporated skim milk. It shall be unlawful for any person, firm or corporation, by himself, his servant or agent, or as the servant or agent of another, to sell or exchange or expose for sale or exchange, or have in possession with intent to sell or exchange, any condensed or evaporated skim milk in containers containing less than ten pounds avoirdupois. All hermetically sealed containers containing condensed or evaporated skim milk must bear the name and address of the manufacturer, distinctly branded, indented, labeled or printed thereon, together with the words "condensed skim milk” in roman letters of a size at least as large as any other words or letters appearing on said brand, indentation or label.

§ 5. Penalty. Any person, firm, corporation or association violating any of the provisions of this act shall be guilty of a misdemeanor.

§ 6. Enforcement of act. The department of agriculture of the state of California is hereby charged with the enforcement of the provisions of this act.

§ 7. Constitutionality. If any section, subsection, sentence, clause or phrase of this act is for any reason, declared to be unconstitutional, such decision shall not affect the validity of the remaining portions of this act. The legislature hereby expressly declares that it would have passed this act and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

ACT 1944.

An act to prevent the sale of dairy products from unhealthy animals and produced under unsanitary conditions; to provide for the inspection of dairy stock, dairies, factories for the production of dairy products and places where dairy products are handled and sold; to improve the quality of dairy products of the state; to prevent deception in the sale of dairy products and to appropriate money for enforcing its provisions.

[Approved March 20, 1905. Stats. 1905, p. 462.]

See, also, Stats. 1907, p. 265; ante, Act 1933.

Dairy products, sale of. Sanitary condition of creamery, store or depot. Cows affected by disease.

Dairy deemed unsanitary when.

Creamery deemed unsanitary when.

Preparations, what may and what may not be used. Harmless coloring.

Dairy bureau, duty of. Officers, qualifications, duties, compensation. Unsanitary conditions, duties and powers.

§ 1.

§ 2.

Packages of butter marked with the word pasteurize.
Designs of producer of butter to appear on wrapper.

§ 7.

§ 8.

§ 9.

§ 10.

§ 11.

Duty of district attorney.

§ 12.

Appropriation.

§ 13.

Dairy bureau to compile statistics.

Agent or inspector to report cases of infectious diseases to state veterinarian.

Violation of this act, penalty. Interference with agent or inspector, punishment. Disposition of fines.

Repeal of former and inconsistent acts.

§ 14. In effect when.

§ 1. Dairy products. Sale of. Sanitary condition of creamery, store or depot. Cows affected by disease. No person or persons, firms or corporations, by themselves or their agents or employees, shall sell, expose for sale or offer for sale, or exchange, present or deliver to any creamery, cheese factory, milk condensing factory, or any other buyer or consumer, any unclean, unwholesome, stale, impure milk, cream, butter, condensed or evaporated milk or other article produced from such milk or cream. Neither shall any person or persons, firms or corporations, by themselves, or their agents or employeees, sell, expose for sale, or offer for sale, or exchange, present or deliver to any consumer, creamery, cheese factory, milk condensing factory, or any other buyer or consumer, any milk, cream, butter, cheese, condensed milk ar other products manufactured therefrom, which has been produced in or by a dairy, or factory of dairy products, or that is, or has been, handled in any store or depot that is in an unsanitary condition, or that is produced from cows affected by any disease or from cows within five days after or fifteen days preceding parturition.

§ 2. Dairy deemed unsanitary when. A dairy shall be deemed unsanitary under the meaning of this act when, among other causes that render milk, or products made therefrom, unclean, unwholesome, impure, and unhealthy,

(b) If the drinking water is stagnant, polluted with manure, urine, drainage, decaying vegetable or animal matter.

(c) If the yards or inclosures are filthy or unsanitary, or if any part of such yards or inclosures, other than pastures, are made the depositories of manure in heaps or otherwise where it is allowed to ferment and decay.

If the walls become soiled with manure, urine or other filth.

(g) If to the interior of cattle stables, barns or milking sheds an application of lime whitewash is not made at least once in two years, or if the mangers, or other receptacles from which cows are fed, decaying food or other material is allowed to accumulate.

(i) If the pails, cans, bottles or other containers of milk, or its products, strainers, coolers or other utensils coming in contact with milk or its products are not sterilized by boiling water or superheated steam each and every time the same are used.

(j) If the person or wearing apparel of the dairyman, his employees, or other persons, who come in contact with milk and its products are soiled or not washed from time to time.

§ 3. Creamery deemed unsanitary when. A creamery or any factory of dairy products or any store, depot or other place where milk is handled or kept for sale shall be deemed unsanitary under the meaning of this act when, among other causes that render milk, or products made therefrom, unclean, unwholesome, impure, stale or of low grade or inferior quality.

(a) If milk or cream is received that has reached an advanced stage of fermentation, or that shows a state of putrefactive fermentation, or if it is received in cans or other containers that have not been sterilized by means of boiling water or superheated steam after each delivery.

(b) If the utensils and apparatus that come in contact with milk or its products in process of manufacture are not thoroughly washed and sterilized by means of boiling water or superheated steam.

(c) If the floor is so constructed that it permits the flowing or soaking of water, milk or other liquids underneath or among the interstices of such floor where fermentation and decay may take place, or if such floor may not be readily kept free from dirt.

(d) If drains are not provided that will convey refuse milk, water and sewage at least fifty yards from such creamery or factory of dairy products, or if any cesspool, privy vault, hog-yard, slaughter-house, manure or any decaying vegetables or animal matter shall be within a distance that will permit foul odors reaching any creamery or other factory of dairy products or store or depot where milk or its products is sold or handled.

(e) If such creamery or factory of dairy products does not permit access of light and air sufficient to secure good ventilation.

(f) If any building or buildings used in connection with any creamery, or factory of dairy products, any insects or other species of animal life are permitted, or if upon the floor, the sides and walls any milk or its products, or if any other filth is allowed to accumulate and ferment and decay, or if the bodies or wearing apparel of persons employed, or coming in contact with any milk or its products in any creamery, or factory of any dairy products, shall be unclean and not washed from time to time.