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LAWS

PAssaD AT THB

Sixteenth Session of the General Assembly

of the State of Colorado

CONVENED AT DENVER

THE SBCOND DAY OF JANUARY. A. D. 1907

.,

PUBLISHED BY AUTHORITY

DBNVBR.OOLOUDOTHB SMITH-BROOKS PRINTING OOMPANY, STATE PRINTBRS

111 0 7

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Ch. 1.] ADULTERATIONS. 2 3

CHAPTER 1.

ADULTERATIONS.

(If. B. No. 29, by Mr. Kelly.)

AN ACTFOR PREVENTING THE MANUFACTURE, SALE OR TRANSPOR-

TATION OF ADULTERATED OR MISBRANDED OR POISON-

OUS OR DELETERIOUS FOODS, DRUGS, MEDICINES, ANDLIQUORS, AND REPEALING ALL ACTS .OR PARTS OF ACTSIN CONFLICT HEREWITH.

Be it Enacted. by the General.A.88embly of the State of Oolorado:

Section 1. It shall be unlawful for any person to Interstatemanufacture, or sell, or expose for sale, or deliver or give commerceaway, or ship, or offer for shipment, within this State, excepted.any article of food, or drug, which is adulterated, ormisbranded, within the meaning of this act, except assuch article may be in the original package and the sub-ject of interstate commerce under the federal jurisdic-tion; and any person who shall violate any of the pro-visions of this section shall be guilty of a misdemeanor ~and for each offense, shall, upon conviction thereof, bepunished by a fine of not exceeding five hundred dollars, Fine foror by imprisonment of not exceeding one year, or by both violation.such fine and imprisonment, in the discretion of the court,and for each subsequent offense and conviction thereofshall be punished by a fine of not less than one thousanddollars, or by imprisonment for one year, or by both suchfine and imprisonment, in the discretion of the court. But

no article shall be deemed misbranded or adulterated No articlewithin the provisions of this act when intended for ex- misbrandedport to any foreign country and prepared, or packed, ac- -when.cording to the specifications or directions, of the foreignpurchaser, when no substance is used in the preparation,or packing, thereof in conflict with the laws o t such toreign country to which said article is intended to be

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shipped; but if said article shall be in fact sold, or ex-posed for sale, or delivered, or given away, or shipped oroffered for shipment, for use or consumption within this

state, then this provision shall not exempt said articlefrom the operation of any of the provisions of this act.

Board ot Sec. 2. The State Board of Health shall make uni-Health make form rules and regulations for carrying out the pro-rules. visions of this act, including the collection and examina-

tion of specimens of all foods and drugs manufactured,or sold, or exposed for sale, or delivered, 6r given away,or shipped, or offered for shipment, within this State, orwhich may be submitted for examination by any healthofficer of any town, city, or county, in this State. But,such rules and regulations shall not be more stringent

than, nor conflict with, the rules and regulations adopted,or which may hereafter be adopted, for the enforcementof the food and drugs act of the United States, ap-proved June 30, 1906, regulating the misbranding, oradulteration, of drug or food products for interstatecommerce.

Examinations Sec. 3. The examinations of specimens of foods and-how made. drugs shall be made by, or under the direction and super-

vision of, the State Board of Health for the purpose ofdetermining from such examinations whether such arti-cles are adulterated, or misbranded, within the meaningof this act; and if it shall appear from any such ex-aminations that any of such specimens is adulterated,or misbranded, within the meaning of this act, the StateBoard of Health shall cause notice thereof to be given tothe person from whom such sample was obtained. Any

~otlce ot person so notified shall be given an opportunity to bevlolatlon- heard, under such rules and regulations as shall be pre-to whom given. scribed as aforesaid, and if it shall appear that any of

the provisions of this act have been violated by such per-Certify facts son, then the &tate Board of Health shall at once certifyto dlstrtct the facts to the proper district attorney, with a copyattorney. of the results of the analysis, or other examination, of

such article, duly authenticated by the analyst, or officer,making such examination, under the oath of suchanalyst or officer. After judgment of the conrt, noticeshall be given by publication in such manner as may beprescribed by the rules and regulations aforesaid.

Sec. 4. It shall be the duty of each district attorneyto whom the State Board of Health shall report any vio-

Use In this

State.

Conform toU. S. laws.

Districtattorneyprosecute.

24 AJlULTERATIONS. [Ch. 1.

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Ch. 1.] ADULTERATIONS. 2 5

lation of this act, to cause appropriate proceedings to becommenced and prosecuted in the proper courts of thisState, without delay, for the enforcement of the penaltiesas in such case herein provided.

Sec. 5. The term "drug," as used in this act, shall DeftnltJone-include all medicines and preparations recognized in the "druC"United States Pharmacopeeia or National Formulary forinternal or external use, and any substance, or compound,or mixture of subatance, intended to be used for the cure,mitigation or prevention, of disease of either man or otheranimals. The term "food," as used in this act, shall "Food."include all articles used for food, drink, confectionery,or condiment, by man or other animals, whether simple;

mixed or compound.Sec. 6. For the purposes of this act an article shall Articles

be deemed to be adulterated: In case of drugs: deemed . adulterated-

FIrst. If, when a drug IS sold under or by a name when.recognised in the United States Pharmacopeela or Na-tional Formulary, it differs from the standard strength. Drugs.quality, or purity, as determined by the tests laid down inthe United States Pharmacopoeia or National Formularyofficial at the time of investigation.

Second. If its strength or purity shall fall belowthe professed standard, or quality, under which it is sold.

In case of confectionery: Confectionery.If it contains terra alba, barytes, talc, chrome yellow,

or any mineral substance used for the purpose of adultera-tion, or poisonous color, or flavor, or 'other ingredientdeleterious to health, or any vinous, malt or spiritousliquor, or compound, or narcotic drug.

In case of food: "Food."If any substance has been mixed, or packed, with it

80 as to reduce or lower, or injuriously affect its qualityor strength.

Second. If any substance has been substituted Substltutlon.wholly or in part for the article.Third. If any valuable constituent of the article has Part

been wholly. or in part, abstracted. abstracted.Fourth. If it be mixed, colored. powdered, coated, Concealed.

or stained in a manner whereby damage or inferiority isconcealed.

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Formaldehyde.

Proviso.

Decomposed.

"Misbranded"deftned.

In case ofdrugs.

Package.

Statement onlabel.

26 EC h o1.DULTERATIONS.

Fifth. If it contain formaldehyde or other harmfulpreservative or any added poisonous, or other added de-leterious ingredient which may render such article in-

jurious to health. But when in the preparation of food.products for shipment they are preserved by any ex-ternal application applied in such manner that the pre-servative is necessarily removed mechanically, or bymaceration in water, or otherwise, and directions for theremoval of said preservative are printed on the covering,or the package, the provisions of this act shall be con-strued as applying only when said products are ready forconsumption.

Sixth. If it consist in whole or in part of a filthy,decomposed, or putrid animal, or vegetable substance, or

any portion of an animal unfit for food, whether manu-factured, or not, or if it is the product of a diseased ani-mal, or one that has died otherwise than by slaughter.

-Sec. 7. The term "misbranded," as used herein,shall apply to all drugs or articles of food, or articleswhich enter into the lomposition of food, the package,or label, of which shall bear any statement, word, designor device regarding such article, or the ingredients orsubstances, contained therein, which shall be false or mis-leading in any particular, and to any food or drug prod-uct which is falsely branded as to the state, territory,city, town, place, or country in which it is manufactured,produced, or found.

For the purposes of this act an article shall also bedeemed to be misbranded :

In case of drugs:First. If it be an imitation of or offered for sale

under the name of another article.Second. If the contents of the package as origin-

ally put up, or the contents of the box, bottle, can, orother container, sold, or exposed for sale, or delivered,or given away, or shipped, or offered for shipment, shall

have been removed, in whole, or in part, and other con-tents shall have been placed in such package, or in suchbox, bottle, can, or other container, or if such package,or such box, bottle, can, or other container, as aforesaid,fail to bear a statement on its label of any quantity or pro-portion of any alcohol, morphine, opium, cocaine, hereon,alpha or beta eucaine, chloroform, cannabis indica,

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Ch. 1.] ADULTKRATIOSS. 27

chloral hydrate, acetanilide, or nny harmful coal tarderivative or preparation, or any such substances, con-tained therein. But no such statement shall be reoquired to be placed on such label if the drug is sold upon No label In cuethe prescription of a duly licensed physician, dental of physician's

t . h' h'd . ti aftldavlt.surgeon, or ve ermary surgeon, w lC sal prescrip Ionshall be kept on file by the dispensing pharmacist, 01'under the name of any article defined in the UnitedStates Pharmacopoeia or National Formulary, or, in thecase of alcohol, or official, preparations containing al-cohol, when used in the manufacture of other prepara-tions which are officia] in the United States Pharma-copoeia or National Formulary.

In case of food. Food.

First. If it be an imitation of, or offered for sale Imitation.under, the distinctive name of another article.

Second. If it be labeled, or branded, so as to deceive, Labeled toor mislead, the purchaser, or purport to be a foreign mislead.product when not so, or if the contents of the package,as originally put up, or of the box, bottle, can, or othercontainer, sold, or exposed for sale, or delivered, or givenaway, or shipped or offered for shipment, shall have beenremoved in whole or in part and other contents shallhave been placed in such package, or in such box, bottle,can, or other container, or it shall fail to bear a statement

on its label of the quantity, or the proportion of anymorphine, opium, cocaine. hereon, alpha or beta eucaine,chloroform, cannabis indica, chloral hydrate, acetanilide,or any harmful coal tar derivative, or preparation or anysuch substances contained therein.

Third. If in package' form and the contents are Weightstated in terms of weight or measure, they are not plainly Incorrectlyand correctly stated on the outside of the package. given.

Fourth. If the package containing it, or the box, False statementbottle, can, or other container, or its label, shall bear on can or box.any statement, word, design, or device regarding the in-

gredients or the substances contained therein, which state-ment, word, design, or device shall be false or misleadingin any particular. But an article of food which doesnot contain any added poisonous ingredients, or in- Wh tgredients deleterious to health, shall not be deemed tOdee~~dnobe adulterated, or misbranded, in the following cases: misbranded.

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2 8 ADULTERATIONS. [Ch. 1.

First. In the case of mixtures, or compounds, whichmay _ b e now, or from time to time hereafter, known asarticles of food, under their own distinctive names, and

not an imitation of, or offered for sale under, the dis-tinctive name of another article, if the name be ac-companied on the same label, or brand, with a statementof the place where said article has been manufacturedor produced.

Second. In the case of articles labeled, branded, or-. tagged, so as plainly to indicate that they are compounds,imitations or blends, and the word "compound," "imita-tion," or "blend," as the case may be, is plainly statedon the package, box, bottle, can, or other container, inwhich it is offered for sale. But the term "blend," asused herein, shall be construed to mean a mixture of likesubstances, not excluding harmless coloring, or llavor-ing ingredients used for the purpose of coloring andflavoring only; and nothing in this act shall be con-strued as requiring or compelling proprietors, or manu-facturers, or [of] proprietary foods, which contain nounwholesome added ingredient to disclose their tradeformulas, except in so far as the provisions of this actmay require to secure freedom from adulteration or mis-branding.

No dealer Sec. 8. No dealer shall be prosecuted under the pro-prosecuted visions of this act when he can establish a guaranty;~: ;:a~::tee signed by the wholesaler, jobber, manufacturer, or otherfrom jobber. person residing in this State, from whom he purchased

any article in question, to the effect that the same is notadulterated or misbranded. Such guaranty, to affordprotection, shall contain the name and address of theperson making the sale of such article to such dealer, andin such case said person shall be amenable to the prose-cutions, fines and other penalties which would attach,in due course, to the dealer under the provisions of thisact.

Sec. 9. Any article of food, drug, or liquor, that

is adulterated, or misbranded, within the meaning ofthis act, that is manufactured, or sold, or exposed forsale, or delivered, or given away, or shipped, or offeredfor shipment, within this State, together with its box,bottle, can, or other container, except as such articlemay be in the original package and the subject of inter-state commerce, under the federal jurisdict lon, is bereby

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Ch. 1.] ADULTERATIONS. 2 9

declared to be a nuisance and shall be abated upon a com- Xulsance.plaint, hearing and judgment, or order, of court in a pro-ceeding in the District Court, of the district where such

article of food, drug, or liquor, is found, by seizure and How abated.confiscation for destruction or sale. If such article iscondemned as being adulterated, or misbranded, or asbeing of a poisonous, or deleterious character, within themeaning of this act, it shall be disposed of under theproper order of court by destruction, or by sale ,in the Articlemanner provided for the sale of chattels under execu- dest royed ortion, in the discretion of the court; and the proceeds SO~d un~er tthereof, if it be sold, less the legal cost and charges. or er 0 court.shall be paid to the State Treasurer; but such article offood, or drug, shall not be sold in any jurisdiction con-trary to the law thereof.

Sec. 10. The word "person" as used in this act, shall "Person"be construed to import both the plural and singular, defined.as the case demands, and shall include corporations,companies, partnerships, societies and associations. Whenconstruing and enforcing the provisions of this act, theact, omission, or failure, of any officer, agent, or other Agent's act!'-person, acting for or employed by, any corporation, com- how construed.pany, partnership, society, or association, within thescope of his employment, or office, shall in every casealso be deemed to be the act, omission, or failure of suchcorporation, company, partnership, society or associa-

tion, as well as that of the person.Sec. 11. In the opinion of the General Assembly an Emergency.

emergency requires this act to take effect at a time laterthan ninety days after its passage; therefore, this actshall take effect and be in force on and after the 1st dayof January, A. D. 1908.

All acts and parts of acts inconsistent or in con-ftict herewith are hereby repealed.

Approved, March 7th, 1907.

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