APPENDIX.

ADULTERATION.

Butter and cheese: See post, tit. "Butter."

Olive-oil: See post, tit. "Olive-oil."

An Act to prohibit and punish the sale of adulterated syrup. [Approved March 29, 1878; Stats. 1877-78, p. 695.]

Selling adulterated syrup.

Section 1. Any person who shall knowingly sell, or keep, or offer for sale, or otherwise dispose of any syrup, or golden-drips syrup, silver-drips syrup, or molasses, containing muriatic or sulphuric acids, or glucose, or adulterated with any other substance to improve the color thereof, shall be guilty of a misdemeanor.

Penalty.

Sec. 2. Any person violating the provisions of section one of this act shall be punished, and imprisoned in the county jail of the county in which the offense is committed for a period not exceeding six months, or by a fine not exceeding five hundred dollars, or both.

Act takes effect when.

Sec. 3. This act shall take effect from and after its passage.

An Act to prohibit the sophistication and adulteration of wine, and to prevent fraud in the manufacture and sale thereof.

[Approved March 7, 1887; Stats. 1887, p. 46.] Repealed April 26, 1911; Stats. 1911, p. 1110.

(715)

An Act to prevent deception in the manufacture and sale of California wines by establishing a uniform wine nomenclature for pure wines, to secure its enforcement, and to provide a penalty for the violation of the provisions thereof.

[Approved March 6, 1907; Stats. 1907, p. 127.]

§ 1. Uniform wine nomenclature.

Section 1. A uniform wine nomenclature is hereby adopted for pure wines manufactured in this state from the juice of the grape. Such wine nomenclature shall consist in the use of the prefix "Cal" or "Cala" to the name of any kind, type, name or abbreviation of name of wine, as for example: "Calclaret," "Calburgundy," "Calariesling," etc., in stamping or labeling such wines.

Unlawful to use prefix on impure wines.

Sec. 2. And it shall be unlawful for any person, firm or corporation, in this state, to use such prefix in connection. with wine nomenclature upon any imprint, label, trademark, tag, stamp, stencil, paper, or brand, or other inscription or device, placed or impressed upon any vessel, bottles, cask, barrel, case, or package, containing any liquid substance other than pure wine of California manufacture, made from the juice of the grape; or to use in marking, branding, stamping, stenciling, tagging, or labeling any vessel, bottle, cask, barrel, case, or package containing any liquid other than pure wine of California manufacture, made from the juice of the grape, any imitation or counterfeit of such nomenclature, or any paper or brand in the similitude or resemblance thereof, or any paper or brand of such form and appearance as to be calculated to mislead or deceive any unwary person or cause him to suppose the contents thereof to be pure wine of California manufacture, origin or production, made from the juice of the grape. Same.

Sec. 3. And it shall be unlawful for any person, firm, or corporation, in this state, to sell or offer for sale, or have in his or its possession, for sale, any liquid substance marked, branded or labeled by the use of such wine nomenclature aforesaid, or by the use of any mark, or brand, or

stencil in semblance thereof, unless the same be pure wine of California manufacture, made from the juice of the grape.

Pure wine defined.

Sec. 4. For the purposes of this act, pure wine shall be such as is defined to be pure wine under the provisions of the laws of the United States relating to the fortification of pure sweet wines, and of the food and drugs act, adopted by the Congress of the United States, and approved June 30th, 1906, and under laws of the state of California now or hereafter adopted.

Penalty for violation of act.

Sec. 5. Whoever violates any of the provisions or sections of this act shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be punished by a fine of not less than one hundred dollars ($100.), nor more than one thousand dollars ($1000.), or by imprisonment in the county jail for not less than thirty days, nor more than six months, or by both such fine and imprisonment, in the discretion of the court.

Act takes effect when.

Sec. 6. This act shall take effect sixty days after its passage.

An Act to provide against the adulteration of food and drugs. [Approved March 26, 1895; Stats. 1895, p. 71.]

§ 1. Adulterated drugs or food.

§ 2. "Drug" defined. "Food" defined.

§3. Drug adulteration defined. Food adulteration defined. Excep

tions.

Section 1. No person shall, within this state, manufacture for sale, offer for sale, or sell any drug or article of food which is adulterated within the meaning of this act. "Drug' defined. "Food" defined.

Sec. 2. The term "drug," as used in this act, shall include all medicines for internal or external use, antiseptics, disinfectants, and cosmetics. The term "food," as used herein, shall include all articles used for food or drink by man, whether simple, mixed, or compound.

Drug adulteration defined. Food adulteration defined.

Exceptions.

Sec. 3. Any article shall be deemed to be adulterated within the meaning of this act:

(a) In the case of drugs: (1) If, when sold under or by a name recognized in the United States Pharmacopoeia, it differs from the standard of strength, quality, or purity laid down therein. (2) If, when sold under or by a name not recognized in the United States Pharmacopoeia, but which is found in some other pharmacopoeia or other standard work on materia medica, it differs materially from the standard of strength, quality, or purity laid down in such work. (3) If its strength, quality, or purity falls below the professed standard under which it is sold.

(b) In the case of food: (1) If any substance or substances have been mixed with it, so as to lower or depreciate, or injuriously affect its quality, strength, or purity. (2) If any inferior or cheaper substance or substances have been substituted wholly or in part for it. (3) If any valuable or necessary constituent or ingredient has been wholly or in part abstracted from it. (4) If it is an imitation of, or is sold under the name of, another article. (5) If it con

sists wholly, or in part, of a diseased, decomposed, putrid, infected, tainted, or rotten animal or vegetable substance or article, whether manufactured or not; or in the case of milk, if it is the produce of a diseased animal. (6) If it is colored, coated, polished, or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is. (7) If it contains any added substance or ingredient which is poisonous or injurious to health.

Provided, that the provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles or ingredients of articles of food, if each and every package sold or offered for sale be distinctly labeled as mixtures or compounds, with the name and per cent of each ingredient therein, and are not injurious to health.

Must furnish samples for analysis.

Sec. 4. Every person manufacturing, exposing or offering for sale, or delivering to a purchaser, any drug or article of food included in the provisions of this act, shall furnish to any person interested, or demanding the same, who shall apply to him for the purpose, and shall tender him the value of the same, a sample sufficient for the analysis of any such drug or article of food which is in his possession.

Penalty.

Sec. 5. Whoever refuses to comply, upon demand, with the requirements of section four, and whoever violates any of the provisions of this act, shall be guilty of a misdemeanor, and shall be fined not exceeding one hundred nor less than twenty-five dollars, or imprisoned in the county jail not exceeding one hundred nor less than thirty days, or both. And any person found guilty of manufacturing, offering for sale, or selling, an adulterated article of food or drug under the provisions of this act shall be adjudged to pay, in addition to the penalties hereinbefore provided for, all the necessary costs and expenses incurred in inspecting and analyzing such adulterated articles of which said person may have been found guilty of manufacturing, selling, or offering for sale.

Act takes effect when.

Sec. 6. This act shall be in force and take effect from and after its passage.

Codification of sections of this act. §§ 1, 2, 3, with the exception of the proviso, were codified in § 383 of the Penal Code, ante.

An Act to prevent the sale of imitation or adulterated honey, and to provide a punishment therefor.

[Approved March 26, 1895; Stats. 1895, p. 94.]

This act was superseded by the following act:

An Act to prohibit the adulteration of honey, and to provide a punishment therefor.

[Approved February 23, 1897; Stats. 1897, p. 12.]

§ 1. Manufacture of adulterated honey prohibited.

§ 2. Sample for analysis.

§ 3. Extracted honey.

§ 4.

Penalties.

§ 5. Act takes effect when.

Manufacture of adulterated honey prohibited.

Section 1. No person shall, within this state, manufacture for sale, offer for sale, or sell any extracted honey which is adulterated by the admixture therewith of either refined or commercial glucose, or any other substance or substances, article or articles which may in any manner affect the purity of the honey.

Sample for analysis.

Sec. 2. Every person manufacturing, exposing, or offering for sale, or delivering to a purchaser any extracted