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Adulteration of drugs and food defined. 1882, 263, § 3.

SECTION 18. A drug shall be deemed to be adulterated: 1. If, 1 when sold under or by a name recognized in the United States 2 1881, 289, $5,7. pharmacopoeia, it differs from the standard of strength, quality or 3

1897, 344, § 3.

purity prescribed therein, unless the order therefor requires an 4 article inferior to such standard or unless such difference is made 5 known or so appears to the purchaser at the time of the sale. 2. 6 If, when sold under or by a name not recognized in the United 7 States pharmacopoeia but which is found in some other pharmacopoeia 8 or other standard work on materia medica, it differs materially 9 from the standard of strength, quality or purity prescribed in such 10 work. 3. If its strength, quality or purity falls below the pro-11 fessed standard under which it is sold.

Samples for analysis. 1882, 263, § 6.

Portion of sample to be reserved. 1884, 289, § 8.

Grade of
canned food to
be marked.
1897, 344, § 4.

Marking of soaked canned

goods.
1897, 314, § 5.

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Food shall be deemed to be adulterated: 1. If any substance has 13 been mixed with it so as to reduce, depreciate or injuriously affect 14 its quality, strength or purity. 2. If an inferior or cheaper sub- 15 stance has been substituted for it wholly or in part. 3. If any 16 valuable or necessary constituents or ingredients have been wholly 17 or in part taken from it. 4. If it is in imitation of or is sold under 18 the name of another article. 5. If it consists wholly or in part of 19 a diseased, decomposed, putrid, tainted or rotten animal or vege- 20 table substance or article, whether manufactured or not, or in case 21 of milk, if it is produced by a diseased animal. 6. If it is colored, 22 coated, polished or powdered in such a manner as to conceal its 23 damaged or inferior condition, or if by any means it is made to 24 appear better or of greater value than it is. 7. If it contains any 25 added substance or ingredient which is poisonous or injurious to 26 health. The provisions of this and the two preceding sections 27 relative to food shall not apply to mixtures or compounds not in- 28 jurious to health and which are recognized as ordinary articles or 29 ingredients of articles of food, if every package sold or offered 30 for sale is distinctly labelled as a mixture or compound with the 31 name and per cent of each ingredient therein.

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SECTION 19. Whoever offers or exposes for sale or delivers to a 1 purchaser any drug or article of food shall, upon application of 2 an inspector, analyst or other officer or agent of the state board of 3 health and upon tender to him of the value thereof, furnish a sample sufficient for the analysis of any such drug or article of food 5 which is in his possession.

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SECTION 20. Before such sample is analyzed, a portion thereof 1 shall be reserved and sealed by the analyst; and, upon a complaint 2 against any person, such reserved portion shall, upon application, 3 be delivered to the defendant or his attorney.

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SECTION 21. Canned articles of food shall not be offered for sale 1 unless they bear a mark to indicate the grade or quality thereof 2 and the name and address of the person who packed or who sells 3 them.

SECTION 22. All canned articles of food which have been pre- 1 pared from dried products and have been soaked before canning 2 shall be plainly marked by an adhesive label having on its face the 3 word "soaked" in letters of legible type not smaller than two line 4

5 pica. All cans, jugs and other packages containing maple syrup 6 or molasses shall be plainly marked by an adhesive label having on 7 its face the name and address of the person who made and prepared 8 the same with the name and quality of the ingredients of the goods 9 in letters of the size and description aforesaid.

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falsely stamp.

263, 7.

SECTION 23. Whoever falsely stamps or labels any cans, jars or Penalty for 2 other packages containing fruit or food of any kind, or knowingly ing, etc., cans. 3 permits such stamping or labelling, or, except as hereinafter pro- 1897, 344, § 6. 4 vided, violates any of the provisions of sections sixteen to twenty5 six, inclusive, shall be punished by a fine of not less than one 6 hundred nor more than five hundred dollars; and whoever sells 7 such goods so falsely stamped or labelled shall be punished by a fine 8 of not less than ten nor more than one hundred dollars.

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- for adulterating food.

R. S. 131, § 12. 1878, 76.

G. S. 166, § 3.

Mass.

SECTION 24. Whoever, for the purpose of sale, fraudulently 2 adulterates food with any substance injurious to health, or know3 ingly barters, gives away, sells or has in his possession with intent 4 to sell any substance intended for food which has been adulterated 1220982. 5 with any substance injurious to health, shall be punished by a fine 6 of not more than three hundred dollars or by imprisonment for not 7 more than one year; and the articles so adulterated shall be for8 feited and destroyed under the direction of the court.

1 SECTION 25. Whoever, for the purpose of sale, fraudulently 2 adulterates any drug or medicine, or sells any fraudulently adul3 terated drug or medicine, knowing it to be adulterated, shall be 4 punished by a fine of not more than four hundred dollars or by 5 imprisonment for not more than one year; and such adulterated 6 drugs and medicines shall be forfeited and destroyed under the 7 direction of the court.

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SECTION 28.

Every room which is used for the manufacture of 2 flour or meal food products shall, if required by the board of 3 health, have an impermeable floor constructed of cement or of tiles 4 laid in cement, and an additional floor of wood properly saturated 5 with linseed oil. The walls and ceiling of such room shall be 6 plastered or wainscoted, and, if required by the board of health, 7 shall be whitewashed at least once in three months. The furniture

as to drugs

4.

1 SECTION 26. If the standard of strength or purity of any drug Prosecutions 2 has been raised since the issue of the last edition of the United limited. 3 States pharmacopoeia, no prosecution relative to it shall be main- 1884, 289, § 5. 4 tained until such change of standard has been published throughout 5 the commonwealth.

BAKERIES.

bakeries.

1 SECTION 27. All buildings which are occupied as biscuit, bread Sanitation of 2 or cake bakeries shall be properly drained and plumbed. They 1896, 418, §§ 1, 4. 3 shall be provided with a proper wash room and water closets, 4 having ventilation apart from the bake room or rooms where food

5 products are manufactured; and no water closet, earth closet, privy 6 or ash pit shall be within or communicate directly with the bake 7 room of any bakery.

Construction 1896, 418, § 2.

of bake rooms.

Sleeping. Places regu.

1896, 418, § 5.

Storage rooms
regulated.
1896, 418, § 3.

Alterations of
premises.
1896, 418, § 7.

Penalties. 1896, 418, § 6.

Board of health to en

force.

1896, 418, § 8.

Hospitals. 1792, 58, § 2.

36.

R. S. 21, §§ 35,
G. S. 26, §§ 40,
P.S. 80, §§ 70, 71.

41.

-physicians, etc., in, subject to board. 1792, 58, § 4. R. S. 21, § 39. G. S. 26, § 43. P. S. 80, § 74.

and utensils therein shall be so arranged that they and the floor 8 may at all times be kept clean and in good sanitary condition.

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Penalty for
unlawful use.
1870, 306.
P. S. 80, § 73.

SECTION 29. The sleeping-places for persons who are employed 1 in a bakery shall be separate from the rooms in which flour or meal 2 food products are manufactured or stored.

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SECTION 30. The manufactured flour or meal food products 1 shall be kept in perfectly dry and airy rooms, so arranged that the 2 floors, shelves and all other facilities for storing the same can be 3 easily and perfectly cleaned.

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SECTION 31. The owner, agent or lessee of any property af- 1 fected by the provisions of sections twenty-seven and twenty-eight 2 shall, within sixty days after service of notice requiring any altera- 3 tions to be made in such property, comply therewith. Such notice 4 shall be in writing, and may be served upon such owner, agent or 5 lessee personally or by mail directed to his last known address. 6

SECTION 32. Whoever violates the provisions of the five pre- 1 ceding sections, or refuses to comply with any requirement of the 2 board of health authorized therein, shall, for the first offence, be 3 punished by a fine of not less than twenty nor more than fifty dol- 4 lars; for the second offence, by a fine of not less than fifty nor 5 more than one hundred dollars or by imprisonment for not more 6 than ten days; for the third offence, by a fine of not less than two 7 hundred and fifty dollars or by imprisonment for not more than 8 thirty days or by both such fine or imprisonment.

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SECTION 33. The board of health of a city or town in which a 1 bakery is situated, or in which the business regulated by the six 2 preceding sections is carried on, shall cause the provisions of said 3 sections to be enforced and shall cause copies thereof to be printed 4 and posted in all such bakeries and places of business.

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HOSPITALS AND DANGEROUS DISEASES.

SECTION 34. A town may establish hospitals within its limits for 1 the treatment of diseases which are dangerous to the public health. 2 They shall be subject to the orders and regulations of the board of 3 health or of a committee of the town appointed for the purpose.

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SECTION 35. The physician, nurses, attendants, patients and all 1 persons approaching or coming within the limits of such hospitals, 2 and all furniture and other articles used or brought there, shall be 3 subject to the regulations of said board or committee.

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Situation of

hospitals. 1764-5, 12, § 5. 1792, 58, § 2.

SECTION 36. Such hospitals shall not be established within one 1 hundred rods of an inhabited dwelling house situated in an adjoin- 2

R. S. 21, § 37. ing town, without the consent of such town. G. S. 26, § 42. P. S. 80, § 72. 3

SECTION 37. Whoever occupies or uses a building for a hospital 1 in a part of a city or town prohibited by the mayor and aldermen 2 or selectmen shall forfeit not more than fifty dollars for every month 3

4 during which such offence continues, and in like proportion for a por5 tion of the month. The supreme judicial court or the superior court 6 shall have jurisdiction in equity to restrain such occupancy or use.

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SECTION 38. Each city shall provide for the treatment, either Treatment in a hospital or as out patients, of indigent persons who are suffer- disease re3 ing from contagious or infectious venereal diseases.

quired:

1895, 400.

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cities.

SECTION 39. In cities having no hospital accommodations for Hospitals in 2 the treatment of contagious diseases dangerous to the public health, 1894, 511, §§ 1, 2. 3 the mayor, upon receipt of a statement from the board of health 4 that in its opinion the public safety requires hospital accommoda5 tions for the treatment of such diseases, other than smallpox and 6 venereal diseases, shall forthwith transmit such statement to the city 7 council, which shall forthwith order such hospital accommodations 8 to be provided, and shall then and annually thereafter make the 9 necessary appropriations therefor to be expended, unless the city 10 council otherwise orders, under the direction of the board of health.

real diseases

1 SECTION 40. No discrimination shall be made against the treat- Discrimination 2 ment of venereal diseases in the out patient department of any 3 general hospital supported by taxation in any city in which special 4 hospitals, other than hospitals connected with penal institutions, are 5 not provided for the treatment of such diseases at public expense; 6 but said hospital may establish a, separate ward for their treatment.

against veneforbidden. 1894, 511, § 3.

Board to pro

etc., when.

58, 5.

1 SECTION 41. If a disease which is dangerous to the public health 2 breaks out in a town, or if a person is infected or lately has been vide hospital, 3 infected with such disease, the board shall immediately provide such 1701-2, 9.§§ 1, 2. 4 hospital or place of reception, and such nurses and other assistance 1797, 16, 1 5 and necessaries, as is judged best for his accommodation and for 17, 40. 6 the safety of the inhabitants, which shall be subject to the regula- 1838, 158. 7 tions of the board. The board may cause any sick or infected per- G. S. 26, §§ 16, 8 son to be removed thereto, if it can be done without danger to his 17:48 9 health; otherwise the house or place in which he remains shall be 41, 75. 10 considered as a hospital, and all persons residing in or in any way 140 Mass. 322. 11 connected therewith shall be subject to the regulations of the board, 12 and, if necessary, persons in the neighborhood may be removed.

R. S. 21, §§ 16, 1837, 244, §§ 1, 2. 1848, 119.

P. S. 80, §§ 40, 137 Mass. 554.

162 Mass. 176.

1792, 58, § 6.

1838, 158.

1 SECTION 42. If such disease exists in a town, the selectmen Notice of 2 and board of health shall use all possible care to prevent the spread places. 3 of the infection, and shall give public notice of infected places to R. S. 21, 41. 4 travellers by displaying red flags at proper distances and by all G. S. 26, § 45. 5 other means which in their judgment may be most effectual for the 1878, 22: 6 common safety. Whoever obstructs the selectmen, board of health 7 or its agent in using such means, or unlawfully removes, obliterates, 8 defaces or handles such red flags or other signals shall forfeit not 9 less than ten nor more than one hundred dollars for each offence.

P. S. 80, 76.

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SECTION 43.

Penalty for

violation of

1792, 58, § 6.

physician or other person who is in any of 2 said hospitals or places of reception, or who attends, approaches or regulations. 3 is concerned with them, violates a regulation relative thereto, with R. 3. 21, § 42. 4 respect to himself or to his or another person's property, he shall G. S. 26, § 46. 5 forfeit not less than ten nor more than one hundred dollars for each P. S. 80, § 77. 6 offence.

1838, 158.

Guard on state

SECTION 44. The board of health of a town near to or border- 1

border.

1739-40, 1, §3. ing upon an adjoining state may in writing appoint suitable persons, 2

1742-3, 17,

who shall attend at places by which travellers may pass from infected 3
places without the commonwealth, and who may examine such trav- 4
ellers as the board suspects of bringing any infection dangerous to 5
the public health, and, if necessary, restrain them from travelling 6
until licensed thereto by the board of health of the town to which 7
they may come.
A traveller coming from an infected place, who, 8
without such license, travels within this commonwealth, unless to 9
return by the most direct way to the state whence he came after he 10
has been cautioned to depart by the persons so appointed, shall 11
forfeit not more than one hundred dollars.

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1797, 16, § 3.
R. S. 21, § 18.
G. S. 26, § 18.
P. S. 80, § 42.

Warrant to remove sick persons, etc. 1701-2, 9, § 3. 1742-3, 17, § 1. 1797, 16, § 4. R. S. 21, § 19. G. S. 26, § 19. 1877, 211, § 1. P. S. 80, § 43. 137 Mass. 554.

Treatment of syphilitics. 1891, 420.

SECTION 45. A magistrate authorized to issue warrants in crim- 1 inal cases may issue a warrant directed to the sheriff of the county 2 or his deputy, or to any constable or police officer, requiring them 3 under the direction of the board to remove any person who is 4 infected with contagious disease, or to impress and take up con- 5 venient houses, lodging, nurses, attendants and other necessaries. 6

140 Mass. 322.

162 Mass. 176.

Removal of

SECTION 46. If a prisoner in a jail, house of correction or work- 1 1816, 44, 55 10,40. house has a disease which, in the opinion of the physician of the 2

sick prisoners.

R. S. 21, §§ 25,26.

G.S. 26,25,26. board or of such other physician as it may consult, is dangerous 3

P. S. 80, §§ 49,50.

to the safety and health of other prisoners or of the inhabitants 4 of the town, the board shall, in writing, direct his removal to a 5 hospital or other place of safety, there to be provided for and 6 securely kept until its further order. If he recovers from the 7 disease, he shall be returned to his former place of confinement. If 8 the person so removed has been committed by order of court or 9 under judicial process, the order for his removal, or a copy thereof 10 attested by the presiding member of the board, shall be returned 11 by him, with the doings thereon, into the office of the clerk of the 12 court from which the process of commitment was issued. No 13 prisoner so removed shall thereby commit an escape.

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SECTION 47. An inmate of a public charitable institution or a 1 prisoner in a penal institution who is afflicted with syphilis shall be 2 forthwith placed under medical treatment, and, if, in the opinion 3 of the attending physician, it is necessary, he shall be isolated until 4 danger of contagion has passed or the physician determines that his 5 isolation is unnecessary. If, at the expiration of his sentence, he is 6 afflicted with syphilis in its contagious or infectious symptoms, or 7 if, in the opinion of the attending physician of the institution or of 8 such physician as the authorities thereof may consult, his discharge 9 would be dangerous to public health, he shall be placed under med- 10 ical treatment and cared for as above provided in the institution 11 where he has been confined until, in the opinion of the attending 12 physician, such symptoms have disappeared and his discharge will 13 not endanger the public health. The expense of his support, not 14 exceeding three dollars and fifty cents a week, shall be paid by 15 the place in which he has a settlement, after notice of the expira- 16 tion of his sentence and of his condition to the overseers of the poor 17 thereof, or, if he is a state pauper, to the state board of charity. 18

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