Penalty for violation of act. Fines. Sec. 4. 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 twenty-five ($25.00) dollars, nor more than two hundred ($200.00) 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. Interference with inspectors. Sec. 5. 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. Duty of district attorney. Sec. 6. 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. Inconsistent acts repealed. Sec. 7. All acts, or parts of acts, inconsistent with this act are hereby repealed. Act takes effect when. Sec. 8. This act shall take effect and be in force sixty days after its passage. An Act to prohibit the use of chemicals and other materials in milk and milk products to prevent fermentation therein. [Approved March 23, 1907; Stats. 1907, p. 971.] § 1. § 2. Milk, use of substances to prevent fermentation prohibited. § 3. Disposition of fines. Penalty for violation. Samples of milk. § 4. Interference with inspectors. § 5. Duty of district attorney. § 6. Inconsistent acts repealed. § 7. Act takes effect when. Milk, use of substances to prevent fermentation prohibited. Section 1. It shall be unlawful for any person to produce, manufacture or prepare for sale, or to sell, or to offer for sale, or have on hand for sale, any milk or product of milk to which has been added, or that may contain, any compound of boron, salicylic acid, formaldehyde or other chemical or substance for the purpose of preventing or delaying fermentation. It shall be unlawful for any person to produce, manufacture or prepare for sale, or to sell, or to offer for sale, or have on hand for sale, any milk, cream or condensed milk to which any coloring matter has been added by any person or to which any gelatine or other substance has been added by any person to increase the consistency of such milk, cream or condensed milk, so as [to] make such milk, cream or condensed milk appear richer or to [sic] better quality; provided, that this section shall not be construed to prohibit the use of harmless coloring matter and common salt (chloride of sodium) in butter and cheese. 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. 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 to any other person who shall serve meals and accept money therefor. Duty of state dairy bureau. Sec. 2. 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. Penalty for violation. Samples of milk. Disposition of fines. Sec. 3. 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 twenty-five dollars ($25.00) nor more than two hundred dollars ($200.00) or by imprisonment in the county jail for not less than ten days nor more than sixty days; provided that no conviction shall be had when 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 dairy bureau for the fiscal year in which the amount is paid to the state treasurer. Interference with inspectors. Sec. 4. 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. Duty of district attorney. Sec. 5. It shall be the duty of the district attorney, upon application by the state dairy bureau or by any city or county board of health to attend to the prosecution, in the name of the people, of any complaint entered for the violation of any of the provisions of this act within his district. Inconsistent acts repealed. Sec. 6. All acts, or parts of acts, inconsistent with this act are hereby repealed. Act takes effect when. Sec. 7. This act shall take effect and be in force sixty days after its passage. DRUGS. Act preventing manufacture, sale, or transportation of adulterated, mislabeled, or misbranded drugs, and establishing a state laboratory for drugs: See ante, Appendix, tit. "Adulteration." An Act for the prevention of the manufacture, sale or transportation of adulterated, mislabeled or misbranded drugs, regulating the traffic in drugs and providing penalties for violation thereof. [Approved March 11, 1907; Stats. 1907, p. 230. 1. Amended 1913; Stats. 1913, p. 767. 2. Amended by Stats. 1915, p. 172.] § 1. Sale of adulterated drugs prohibited. Goods intended for export. § 2. Definition of term "drug." Standard of purity. § 3. 9. § 10. § 11. § 12. When analysis shows adulteration, report. § 13. § 8. Definition of term "package." Evidence of violation of act. State laboratory to analyze suspected drugs. Right of sheriff to purchase or seize. Report to district attorney. Unlawful to refuse to sell to sheriff. Evidence of facts. Guaranty of jobber protects dealer. Prosecution of jobber. Sale of adulterated drugs prohibited. Goods intended for export. Section 1. The manufacture, production, preparation, compounding, packing, selling, offering for sale or keeping for sale within the state of California, or the introduction into this state from any other state, territory, or the District of Columbia, or from any foreign country, of any drug which is adulterated, mislabeled or misbranded within the meaning of this act is hereby prohibited. Any person, firm, company, or corporation who shall import or receive from any other state or territory or the District of Columbia or from any foreign country, or who having so received shall deliver for pay or otherwise, or offer to deliver to any other person, any drug adulterated, mislabeled or misbranded within the meaning of this act, or any person who shall manufacture or produce, prepare or compound, or pack or sell, or offer for sale, or keep for sale, in the state of California, any such adulterated, mislabeled, or misbranded drug, shall be guilty of a misdemeanor; provided, that no article shall be deemed misbranded, mislabeled or adulterated within the provisions of this act when intended for export to any foreign country and prepared or packed according to the specifications or directions of the foreign purchaser when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is intended to be shipped; but if said article shall be in fact sold or offered for sale for domestic use or consumption, then this proviso shall not exempt said article from the operation of any of the other provisions of this act. Definition of term "drug." Sec. 2. That the term "drug" as used in this act, shall include all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either man or other animals. Standard of purity. Sec. 3. The standard of purity of drugs shall be the United States Pharmacopoeia and National Formulary, and the regulations and definitions adopted for the enforcement of the food and drugs act of June 30, 1906, shall be adopted by the state board of health for the enforcement of this act. What constitutes adulteration. Sec. 4. Drugs shall be deemed adulterated within the meaning of this act in any of the following cases: First. If, when a drug is sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality or purity, as determined by the test laid down in the United States Pharmacopoeia or National Formulary official at the time of investigation; provided, that no drug defined in the United States Pharmacopoeia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality, or purity be |