re Food L of Wyoming DOCUMENTS pure jfoob of Wyoming 1911 LAWS OF WYOMING UNIVERSITY OT PROVIDING FOR Pure Food, Drugs, Drink AND ILLUMINATING OILS Being Senate File No. 81 of the Eleventh State Legisla- ture Repealing Chapter 198, and Senate File No. 32 Amending Section 234 of Chapter 25 of the Wyoming Compiled Statutes 1910. MAURICE GROSHON State Dairy, Food and Oil Commissioner 4 The Sweet <*mi Printing Co. (ELEVENTH LEGISLATIVE OF THE STATE OF WYOMING.) THE STATE OF WYOMING, OFFICE OF THE SECRETARY OF STATE UNITED STATES OF AMERICA, [ State of Wyoming. \ 8k I, Frank L. IIoux, Secretary of State of the State of Wyoming, do hereby certify that the annexed has been carefully compared with Senate File No. 81 of the Eleventh State Legislature, and is a full, true and correct copy of the same and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the Great Seal of the State of Wyoming. Done at Cheyenne, the Capital, this 14th day of March, A. D. 1911. FRANK L. HODX, Secretary of State. By C. B. MACGLASHAN, Deputy. CHAPTER 104. Senate File No. 81. PIKE FOOD LAW CHEATING OFFICE OF STATE CHEMIST. An Act providing for the appointment of a State Chemist and an assistant to the State Chemist, and prescribing their salaries and duties; for preventing the manufacture, sale or transpor- tation of adulterated, misbranded, poisonous, or deleterious foods, drugs, medicines and liquors within this state, provid- ing immunity from prosecution by guaranty; providing for deputies to the Dairy, Food and Oil Commissioner; providing for standards of kerosene and gasoline, and the labeling and marking of same; repealing Chapter 198 of the Compiled Stat- utes of Wyoming of 1910 entitled "Foods, Drugs and Illumi- nating Oils," and all acts or parts of acts in conflict with the provisions of this act. He It Enacted by tbe Legislature of tlie State of Wyoming: 272684 4 PURE FOOD LAWS OF WYOMING STATE CHEMIST SALARY DUTIES. Section 1. The office of State Chemist is hereby created for the State of Wyoming, and shall receive a salary of two thousand dollars per year for his services, to be paid by the State of Wyoming out of any money not otherwise appropriated, the same to be paid by the State Auditor in the manner provided for the payment of other accounts against the state, and he shall receive no other salary or compensation from State or University funds. Such chemist shall be a professor of Chemistry in the University of Wyoming. It shall be his duty to make or cause to be made a chemical analysis of such foods, drugs, drinks, gasoline, illuminating oils or other material relative to the enforcement of this chapter, as shall be submitted to him or shall be deemed advisable for such analysis, and make a full and complete written report of the same, and, when so requested, it shall be his duty to testify in court. He shall receive his necessary traveling ex- penses to be paid by the State of Wyoming when employed in per- forming the provisions of this chapter. A SSIST ANT DUTIES SALARY. Sec. 2 The board of trustees of the University of Wyoming is hereby authorized to employ an assistant to the State Chemist, who shall receive a salary of one thousand dollars per year for his services, to be paid by the State of Wyoming out of any moneys not otherwise appropriated, the same to be paid by the State Auditor in the manner provided for the payment of other accounts against the State. The assistant chemist shall keep his office at the University of Wyoming and the Board of Trustees of said University shall furnish the necessary room for the car- rying out of the provisions of this chapter. The assistant chemist shall perform such duties as he may be required to perform by tbe State Chemist. EXPENSES. Sec. 3. The necessary traveling expenses and expenses for the purchase of apparatus, chemicals, etc., shall be paid from any appropriation made by the legislature as a contingent fund for the state chemist; provided, that the expense shall be limited to the appropriation made. SHALL KEEP SKAL .MAKE ANNUAL REPORTS. Sec. 4. The state chemist shall keep a seal with which to attest official acts and documents. He shall make an annual report to the Governor on or before the first day of October of each year, which shall contain Itemized statements of all receipts and dis- PURE FOOD LAWS OF WYOMING 6 bursements, and all persons employed by him together with such statistics and other matter as he may regard of value to the ad- ministration or public at large, and said report may be published annually as public documents of the State of Wyoming, as may b provided by law. BOND. Sec. 5. Before entering upon the discharge of his official du- ties, the state chemist shall give bond in the sum of one thousand dollars ($1,000.00) to the State of Wyoming, which shall be fur- nished by some responsible surety company, which shall be ac- cepted by the governor, conditioned that he will truly account for and turn over to the person or persons authorized by law to r e- ceive the same all moneys or other property which may come iato his hands in his official capacity, and for the faithful performance of the duties of his office as the same are prescribed by law; which bond, with his oath of office endorsed thereon, shall be filed with the secretary of state. UNLAWFUL. Sec. 6. That it shall be unlawful for any person to manufac- ture, sell, transport or offer for sale or transportation, any ar- ticle of food, drug, gasoline or illuminating oil which is adulterated or misbranded within the meaning of this act. DRUG AND FOOD DEFINED. Sec. 7. That the term "drug" as used in this act shall In- clude all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or x- ternal use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease ft either man or other animals. The term "food" as used here'ii, shall include all articles used for food, drink, confectionery or con- diment, by man or other animals, whether simple, mixed or com- pound. ADULTERATED ARTICLES. Sec. 8. That for the purpose of this act an article shall be deemed to be adulterated: In Case of Drugs. First If, when a drug is sold under, or by a name recognized in the United States Pharmacopoeia, or National Formulary, it dif- fers from the standard of strength, quality, or purity, as determined by the tests laid down in the United States Pharmacopoeia or Na- tional Formulary official at the time of investigation; provided, 6 PUKE FOOD LAWS OF WYOMING that no drug defined in the United States Pharmacopoeia or Nation- al Formulary shall be deemed to be adulterated under this provis- ion if the standard of strength, quality, or purity be plainly stated upon the bottle, box, or other container thereof, although the standard may differ from that determined by the test laid down in the United States Pharmacopoeia or National Formulary. Second If its strength or purity fall below the professed standard or quality under which it is sold. In the Case of Confectionery: If it contains terra alba, barytes, talc, chrome yellow, or other mineral substances or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinois, malt, or spiritous liquor, or compound, or narcotic drug. In the Case of Food: First If any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength. Second If any substance has been substituted, wholly or in part, for the article. Third If any valuable constituent of the article has been wholly, or in part, abstracted. Fourth If it be mixed, colored, powdered, coated or stained in a manner whereby damage or inferiority is concealed. Fifth If it contains any added poisonous or other added de- leterious ingredient, which may render such article injurious to health; provided, that when in the preparation of food products for shipment they are preserved by any external application ap- plied in such manner that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise, and direc- tions for the removal of said preservative shall be printed on the covering of the package, the provisions of this act shall be con- strued as applying only when said products are ready for con- sumption. Sixth If it consists in whole or in part of filthy, decomposed or putrid animal or vegetable substances, or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal, or one that has died otherwise than by slaughter. "MISBRANDED." Sec. 9. That the term "mis-branded, as used herein, shall ap- ply to all drugs or articles of food, or articles which enter into the composition of food, the package or label of which shall 'oear any statement, design or device, regarding such article, or the ingredients or substances contained therein which shall be false, PURE FOOD LAWS OF WYOMING 1 or misleading in any particular, and to any food or drug product which is falsely branded as to the state, territory or country in which it is manufactured or produced. That for the purpose of this act an article shall also be dee-n- ed to be misbraded: In the 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 originally put up shall have been removed, in whole or in part, and other con- tents shall have been placed in such package, or if the package fail to bear a statement on the label of the quantity or proportion of any alcohol, morphine, opium, cocaine, heroin, alpha or beta eu- caine, chloroform, cannabis, indica, chloral hydrate, or acentanilide, or any derivative or preparation of any such substances contained therein. In Case of Food: First If it be an imitation of, or offered for sale under the distinctive name of another article. Second If it be labeled or branded so as to deceive or mis- lead the purchaser, or purport to be a foreign product when not so, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package, or if it fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis, indica, chloral hydrate, or acetanilide, or any derivative of preparation of any such substances contained therein. Third If in package form, the net quantity of the contents be not plainly and conspicuously marked on the outside of the package in terms of weight, measure or numerical count; pro- vided, however, that reasonable variations shall be permitted and that tolerances shall be established by rules and regulations made in accordance with the provisions of this act. Fourth 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 misleading in any particular; provided, that any article of food, which does not contain any added poisonous or deleterious ingredients, shall not be deemed to be adulterated or misbranded in the following cases: First In the case of mixtures or compounds which may be now or from time to time hereafter known as articles of food, under PURE FOOD LAWS OF WYOMING their own distinctive names, and not an imitation of, or offered for sale under the distinctive name of another article, if the name be accompanied on the same label or brand with the statement of the place where said article had been manufactured or produced. Second In the case of articles labeled, branded or tagged rfo 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 cou- strued to mean a mixture of like substances, not excluding harmless coloring or flavoring ingredients, used for the' purpose of coloring and flavoring only; and provided, further, that nothing in this act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods, which contain no unwhols- some added ingredients, to disclose their trade formulas, except insofar as the provisions of this act may require, to secure freedom from adulteration or misbranding. Illuminating Oils. Sec. 1*>. All illuminating oils sold or offered for sale in this state shall conform to the following conditions: First The color shall be water white, but a slight bluish opalescence is permissible. Second It shall not contain more than a trace of any sulphur compound. Third It shall not contain water nor tar-like matter. Fourth It shall not contain more than four per cent by weight of residue, after being distilled at a temperature of not more than five hundred seventy degrees Fahrenheit Fifth -It shall not give a flash test below one hundred five degrees Fahrenheit, open test, and the tester us d for this purpose shall be the New York State Board of Health tester. Sixth The gravity shall not be less than forty-six degrees, measured by the Beaume Hydrometer at a temperature of sixty de- grees Fahrenheit. Seven -Any oils that present a yellowish or dark coloring, d'rty appearance to the eye, may be rejected and disapproved for illuminating purposes by the Dairy, Food and Oil Commiss'oner, or his deputies, without further tests, and the further sale thereof ordered discontinued; and such discoloration shall be prima fade evidence that they are not such a product as is properly subject i<> sale for illuminating purposes within this state. The State Dairy, Food and Oil Commissioner or his deputies, are not required in every case to have a complete analysis made of the oils inspected PURE FOOD LAWS OK WYOMING 9 to ascertain every form of impurities, such as sulphur, and tar-like matter, but, whenever, in the opinion of the State Dairy, Food and Oil Ccmmissicner, or his deputies, it is necessary that any of the oil provided for in this section shall be more thoroughly analyzed, ii shall be his duty to procure a sample of such oil and forward It to the State Chemist, for a more detailed analysis to determine in what particular the impurities or the imperfections exist, and, if upon such analysis, it is demonstrated that some other impurity or imperfections exist in said oil, not specified in this act that ren- der such oil unfit for illuminating purposes, it shall be his duty to reject such oil for such purposes, Provided, however, that in the case of illuminating oil, made from petroleum produced from wells in what is commonly known as the Kansas Oil Field (includ- ing the State of Kansas and the adjacent oil fields of Oklahoma and Indian Territory), and petroleum produced from wells in what is known as the Colorado Oil Fields, and petroleum produced from wells in what is known as the Wyoming Oil Fields, when properly labeled as herein provided, such illuminat'ng oils may be sold and offered for sale in this state for illuminating purposes, where the gravity shall not be less than forty-one degrees, as measured by the Beaume Hydrometer, at a temperature of sixty degrees Fahren- heit, and the residue contained therein shall not be more than seven per cent by weight after being distilled at a temperature oi not more than five hundred seventy degrees Fahrenheit, Provided, further, that every tank, barrel, cask or receptacle in which il- luminating oils produced from Kansas, Colorado or Wyoming oil fields, shipped within the State of Wyoming, shall be truly, plainly, and conspicuously labeled in large letters "Kansas Oil," "Colorado Oil" or "Wyoming Oil," or words of similar import, as the case may be. All other requirements shall be the same for Kansas, Colorado or Wyoming oils, as for other oils. For the purpose of this chapter, gasoline shall be deemed to be subject to the same provision and control as provided in this chapter for illuminating oils, except that it shall be unlawful for any manufac- turer, dealer or vender to sell or offer for sale any petroleum pro- duct, known as gasoline, for lighting, heating or power purposes, unless every barrel, cask or can, containing such product be branded with the figures denoting the gravity in Beaume degrees and the word "gasoline" in large red letters at least one and a half inches in size. No dealer shall deliver gasoline in a barrel, cask, package, or can stenciled or stamped other than above. Every person purchasing gasoline for use shall procure and keep the same only in barrels, casks, packages, or cans stenciled as above, 10 PURE FOOD LAWS OF WYOMINO and no person keeping for use or using kerosene shall put the same in any barrel, cask, package or can stenciled or stampsd as above. If any manufacturer, vender or dealer shall adulterate any gasoline with water, or other injurious substance, he shall be sub- ject to a penalty as hereinafter provided for, and shall further be liable to the party injured for any resultant damages in civil ac- tion. SAMPLES HOW PROTECTED. Sec. 11. Under the aforesaid rules and regulations, representa- tive samples shall be collected by the Dairy, Food and Oil Com- missioner, or his deputies. Samples may be purchased i-i the open market, and, if, in bulk, the marks, brands or tags upon the package, carton, wrapper, or other container, and the accompany- ing written or printed matter shall be noted. The collector sha'l also note the name of the vender and agent through whom -"nt*. sale was actually made together with the date of purchase. 'Sam- ples shall be divided into three parts; each part shall be labeKvi with identifying marks. One of the parts shall be delivered to the person from whom the purchase was made, or if a guaranty has been given as hereinafter provided, such parts be delivered to ths guarantor. One of the parts shall be sent to the State Chemist, and one pa>-t shall be held under seal by the Dairy, Food ;md Oil Commissioner. The parts of the sample so divided shall be seal- ed by the collector, with seals provided for that purpose. STATE CHEMIST SHALL MAKE ANALYSIS. Sec. 12. It shall be the duty of the State Cuemist to make, or cause to have made, under his direction, analys-a and examina- tions of such articles as shall be furnished to him by tne Diiry, Food and Oil Commissioner, or his deputies, for the purpose of determining upon such examinations whether such articles are adulterated or misbranded within the meaning of this act, and to Certify the results of such analysis and examinations to the Dairy, Food and Oil Commissioner. \VHK\ ANALYSIS SHOWS VIOLATION. Ser. i:*. When the examinations or analysis shows that the provisions of this act have been violated the Dairy, Food and Oil Commissioner shall cause notice of such fact, together with copy of the findings, to be given to the party or parties from whom the samples were obtained, and to the party, if any, whose name appears upon the label as (manufacturer, packer, wholesaler, retailer or other dealer. The parties so notified, shall be given an opportu- nity to be heard under such rules and regulations as may be pro- PUBB FOOD LAWS OF WYOMING 11 scribed as aforesaid. Notices shall specify the date, hour and place of the hearing. The hearing shall be private, and the parties interested therein may appear in person or by attorney. If the party, whose name appears on the label, resides without the State, he shall be entitled to a reasonable notice by mail as may, with due diligence, be obtained. I*AIRY, FOOD AND OIL COMMISSIONER SHALL CERTIFY TO PROSECUTING ATTORNEY. Sec. 14. If, after such hearing, the Dairy, Food and Oil Com- missioner is convinced that the provisions of this act have been violated, he shall certify at once to the County Prosecuting Attor- ney of the county in which the collection was made, a copy of the results of the examination of such article, duly authenticated by the state chemist making such examination under oath of such of- ficer. PROSECUTING ATTORNEY SHALL PROSECUTE. Sec. 15. It shall be the duty of every prosecuting officer to whom the Dairy, Food and Oil Commissioner shall report any vio- lation of this act, as herein provided, to cause appropriate proceed- ings to be commenced and prosecuted in the proper courts witU- out delay, for the inforcement of the penalty as in such case herein provided. PUBLICATION OF JUDGMENT. Sec. 16. After judgment of the court, notice shall be given by publication, in such manner as may be prescribed by the rules and regulations aforesaid. If an appeal be taken from the judgment of the court, notice of that fact must accompany the publication.. MISDEMEANOR. Sec. 17. Anyperson violating any of the provisions of this act shall be guilty of a misdemeanor, and for each offense shall, upon conviction thereof, be fined not less than twenty-five dollars ($25.00), nor more than one hundred dollars ($100); and for each subsequent offense and conviction thereof, -shall be fined not less than fifty dollars ($50.00) nor more than two hundred dol- lars ($200.00), or shall be sentenced to imprisonment for not more than sixty days, or both, at the discretion of the court. DEALERS' PROTECTION. Sec. 18. That under the provisions of this act, no dealer shall be prosecuted for selling or offering for sale any article of food, drug, gasoline, or illuminating oil in the original, unbroken pacK- 12 PURE FOOD LAWS OF WYOMING age in which it was received by said dealer, provided, he can establish a guaranty signed by the wholesaler, jobber, manufacturer, of other person, residing in the United States, from whom he pur- chased such article, to the effect that same is not adulterated or misbranded within the meaning of this act, designating it. SaiJ guaranty to afford protection shall contain the name and address of the person making the sale of such article to such dealer, and iu such case said person shall be amenable to the prosecutions, fines, and other penalties which would attach in due course to the dealer under the provisions of this act. When the examination or analysis herein provided shows that the provisions of this act have been violated, and the dealer is relieved from prosecution und-r this section by the production of a guaranty signed by the person residing outside of this state, then the Dairy, Food and Oil Com- missioner, in the case of the foods and drugs, shall report such fact to the "Secretary of Agriculture of the United States, or the proper officer appointed for the enforcement of Act of Congress ap- proved June 30, 1906, known as the "Food and Drug Act." WORD "PERSON" CONSTRUED. Sec. 19. The word "person" as used in this act shall be con- strued to import both the plural and singular, as the case demands, and shall include corporations, companies, societies and associa- tions. When construing and enforcing the provisions of this ace, the act, omission of failure of any officer, agent or other person acting for, or employed by any company, corporation, society or as- sociation within the scope of his employment, or office, shall hi every case be also deemed to be the act, omission, or failure of such corporation, company, society or association, as well as that of the person. HEPEAL. Sec. 20. Chapter 198 of the Wyoming Compiled Statutes, 1910, and all acts or parts of acts inconsistent with the provisions of this act are hereby repealed. ST. 21. This act shall be in force and effect from and aftsr the first day of July, 1911. Approved March 2nd, 1911. Original Senate File No. :{'2. Enrolled Act No. 9, Senate, State of Wyoming. AN ACT to amend and re-enact Section 234, of Chapter 25, Wyom- PURE FOOD LAWS OF WYOMING 13 ing Compiled Statutes, 1910, entitled, "Dairy, Food and Oil Commissioner," relating to the appointment and salary of the Dairy, Food and Oil Commissioner. Be it Enacted by the Legislature of the 'State of Wyoming. Section 1. That Section 234 of the Wyoming Compiled Stat- utes of 1910, be and the same are hereby amended and re-enacted so as to read as follows: "Section 234. The office of Dairy, Food and Oil Commis- sioner for the State of Wyoming is hereby created. Such Com- missioner shall be appointed by the Governor, by and with the advice and consent of the senate, and his term of office shall be four years, and until his successor is appointed and qualified. Vacancies occurring in the office for any cause shall be filled by appointment for the 'balance of the unexpired term. The salary of the Commissioner shall be $2,000.00 per annum, togetner with his actual and necessary expenses incurred in the discharge of his official duty, which shall be paid in the same manner as other state officers." Sec. 2. All acts and parts of acts in conflict with the pro- visions of this act are hereby repealed. Sec. 3. This act shall take effect and be in force from and after the first day of April, 19 ll. Approved February 16, 1911, 11:10 A. M. DUTIEvS. Sec. 235. It shall be the duty of the said Commissioner to enforce all laws against 'frauds and adulteration or i/mpurities in foods, drinks, drugs, or illuminating oils, and unlawful labeling of same; and in the performance of such duties said Commissioner and his assistants shall have power to enter into any creame-.y, factory, store, salesroom, drug store, laboratory or place of busi- ness, or other place where they have reason to believe food or drink is made, prepared, sold or offered for sale, and to exam ne the books, and to examine any cask or package containing, or sup- posed to contain any article of food, drink or oil, and examine or cause to be examined and analyzed the contents thereof by the State Chemist, or some other competent person under his di- rection, and he shall at the same time, and in the presence of the person from whom such property is taken, securely seal up two samples of the article seized or taken, one of which shall he for examination or analysis, under the direction of the Commissioner, and the other of which shall be delivered to the person from whom the articles are taken. 14 PURE FOOD LAWS OF WYOMING DUTY OF COUNTY ATTORNEY. Sec. 236. It shall be the duty of the County Attorney in any county in the State, when called upon by the Commissioner, to render any legal assistance in his power to execute the laws and to prosecute cases arising under the provisions of this act; and all fines and assessments collected in any prosecution begun or caused to be begun under the provisions of this act shall be paid into the State Treasury. OFFICE OF COMMISSIONER. Sec. 237. The necessary room or rooms shall be provided for said Dairy, Food and Oil Commissioner in the State capitol build- ing, which said rooms shall be set apart for his use. SEAL. Sec. 238. The State Dairy, Food and Oil Commissioner shall keep a seal with which to attest official acts and documents. ANNUAL REPORT. Sec. 239. The State Dairy, Food and Oil Commissioner shill make an annual report to the Governor on or before the 1st day of October of each year, which shall contain itemized statements of all receipts and disbursements, and all persons employed oy him, together with such statistics and other matters as he may regard oif value to the administration or to the public at large, and said report may be published annually as public documents of the State of Wyoming, as provided by law. Sec. 240. Before entering upon the discharge of his official duties, the State Dairy, Food and Oil Commissioner shall give bond in the sum of two thousand dollars to the State of Wyoming, which shall be approved by the Governor, conditioned that he will truly ac- count for and apply all moneys or other property which may come into his hands in his official capacity, and 'for the faithful per- formance of the duties of his office as the same are prescribed by law; which bond; with his oath of office endorsed thereon, shall be filed with the Secretary of State. I'OWKK OF COMMISSIONER. Sec. 241. The Dairy, Food and Oil Commissioner is hereby given power to confiscate such goods as may be condemned by order of the court, upon proper inspection and analysis by the State Chemist. ivn;uFi:m:\< K WITH COMMISSIONER. Sec. 242. Any person or persons interfering with the Dairy, PURE FOOD LAWS OF WYOMING i"> Food, and Oil Commissioner in the discharge of his duties shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than fifty dollars nor more than three hun- dred dollars, nor imprisoned for more than ninety days in jail, or both fine and imprisonment at the discretion of the court. \( IS INCONSISTENT. S