members. That the Superintendent of Public Instruction shall be ex-officio a member of the Board of Trustees.

§ 10. That the Board of Trustees have authority out of the funds under their control, to expend an amount sufficient to meet the necessary expenses incurred in advertising and other necessary changes incident to the change of the style and title of the said institution.

changed.

$ 11. That the location of the institution estab- Location not lished by the act locating the Agricultural and Mechanical College of Kentucky, approved February 6, 1880, shall not be affected by this change of name.

§ 12. That all acts passed by the Legislature of Kentucky, and all the regulations made by the Board of Trustees in pursuance thereof, for the government of the Agricultural and Mechanical College, shall continue in effect and apply to the government of the State University, Lexington, Kentucky, except to the extent herein specifically set out.

§ 13. That all students attending exclusively the law or medical department of the University shall pay the usual tuition fees.

certi

County ficates may be

dents.

§ 14. That students while attending the State University may be examined for county teachers' issued certificates by the Board of Examiners of Fayette county, Kentucky, and on the dates provided in the common school law for the examination of teachers. If such students are of the age and character required by law in the case of other candidates for county certificates, the county superintendent of Fayette county shall admit them to examination and shall collect from each the legal fee with fifty cents additional. At the close of the examination the County Superintendent shall transmit by registered mail examination papers, together with the examination fee, to the County Superintendent of the county from which said candidate desires his certificate issued. The

to stu

County Board of Examiners shall canvass the papers sent to them as above provided, and shall issue county certificates upon them upon the same terms and conditions as in case of candidates appearing in person for examination.

§ 15. WHEREAS, the change of name of the Agricultural and Mechanical College to State University, Lexington, Kentucky, will necessitate immediate preparations and advertisement in order to begin University work by September, 1908, an emergency is hereby declared to exist, and this act shall take effect from and after its passage and approval.

Approved March 16, 1908.

Penalty for adulteration.

CHAPTER 4.

AN ACT for preventing the manufacture and sale of adulterated

or misbranded foods, drugs, medicines and liquors, and providing penalties for violations thereof.

Be it enacted by the General Assembly of the Commonwealth of Kentucky:

$ 1. That it shall be unlawful for any person, persons, firm or corporation within this State to manufacture for sale, produce for sale, expose for sale, have in his or their possession for sale or to sell any article of food or drug which is adulterated or misbranded within the meaning of this act; and any person or persons, firm or corporation who shall manufacture for sale, expose for sale, have in his or their possession for sale or sell any article of food or drug which is adulterated or misbranded within the meaning of this act shall be fined not less than ten dollars nor more than one hundred dollars, or be imprisoned not to exceed fifty days or both such fine and imprisonment. Provided, That no

article of food or drug shall be deemed misbranded or adulterated within the provisions of this act when intended for shipment to any other State or country, when such article is not adulterated or misbranded in conflict with the laws of the United States; but if said article shall be in fact sold or offered for sale for domestic use or consumption within this State, then this proviso shall not exempt said article from the operations of any of the other provisions of this act.

Exceptions.

term "food."

§ 2. That the term food, as used in this act, shall, Meaning of include every article used for or entering into the composition of food or drink for man or domestic animals, including all liquors.

$3. For the purpose of this act, an article of food shall be deemed misbranded:

First. If the package or label shall bear any statement purporting to name any ingredient or substance as not being contained in such article, which statement shall not be true in any part; or any statement purporting to name the substances of which such article is made, which statement shall not give fully the name or names of all substances contained in any measurable quantity.

Statement to. give names of substances.

not mislead.

Second. If it is labeled or branded in imitation of or sold under the name of another article, or is an imitation either in package or label of another Label must substance of a previously established name; or if it be labeled or branded so as to deceive or mislead the purchaser or consumer with respect to where the article was made or as to its true nature and substance, or as to any identifying term whatsoever whereby the purchaser or consumer might suppose the article to possess any property or degree of purity or quality which the article does not possess.

Third. If in the case of certified milk, it be sold as or labeled "certified milk," and it has not been so certified under rules and regulations by any county

Milk.

to liquors.

medical society, or if when so certified it is not up to that degree of purity and quality necessary for infant feeding.

Fourth. If it be misrepresented as to weight or measure or, if where the length of time the product has been ripened, aged or stored, or if where the length of time it has been kept in tin or other receptacle, tends to render the article unwholesome, the facts of such excessive storage, ripening, aging or packing are not plainly made known to the purchaser and to the consumer.

Fifth. If the package containing it or its label shall bear any statement, design, or device regarding the ingredients or the substances contained therein, which statement, design or device shall be false or Exceptions as misleading in any particular. Provided, That articles of liquor which do not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded within the provisions. of this act, in the case of articles labeled, branded or tagged so as to plainly indicate that they are compounds, imitations, or blends, and the word "compound," "imitation," or "blend," as the case may be, is plainly stated on the package in which it is offered for sale. Provided, That the term blend as used herein shall be construed to mean a mixture of like substances, not excluding harmless coloring and flavoring ingredients used for the purpose of coloring and flavoring only.

When food deemed adulterated.

$4. For the purpose of this act, an article of food shall be deemed to be adulterated:

First. If any substance or substances be mixed or packed with it so as to reduce, lower or injuriously affect its quality or strength.

Second. If any substance be substituted wholly or packed with it so as to reduce, lower, or injuriously Third. If any valuable constituent of the article has been wholly or in part abstracted; or if the

product is below that standard of quality represented to the purchaser or consumer.

Fourth. If it is mixed, colored, coated, polished, powdered, or stained whereby damage is concealed, or if it is made to appear better or of greater value than it is, or if it is colored or flavored in imitation of the genuine color or flavor of another substance of a previously established name.

deemed adul

Fifth. If it contains added poisonous ingredient, when food which may render such article injurious to health, terated. or if it contains any antiseptic or preservative which may render such article injurious to health, or any other antiseptic or preservative not evident or not plainly stated on the main label of the package.

Sixth. If it consists of or is manufactured from in whole or in part of a diseased, contaminated, filthy or decomposed substance, either animal or vegetable, unfit for food, or an animal or vegetable substance produced, stored, transported or kept in a condition that would render the article diseased, contaminated or unwholesome, or if it is any part the product of a diseased animal, or the product of an animal that has died otherwise than by slaughter, or that been fed upon the offal from a slaughterhouse, or if it is the milk from an animal fed upon a substance unfit for food for dairy animals or from an animal kept and milked in a filthy or a contaminated stable or in surroundings that would render the milk contaminated. Provided, That any

article of food which may be adulterated and not misbranded within the meaning of this act, and which does not contain any added poisonous or deleterious ingredient and which is not otherwise adulterated within the meaning of paragraphs four, five and six of section four of this act, or which does not contain any filler or ingredient which debases without adding food value, can be manufactured or sold, if the same be labeled, branded or tagged so as to

Exceptions.