THE PURE FOOD 
 
 AND 
 
 "EIGHT AND MEASURE 
 LAWS 
 
 OF THE 
 
 STATE OF IOWA 
 
 Effective July 4, 1911 
 
 W. B. BARNEY 
 
 Dairy and Food Commissioner 
 DES MOINES, IOWA 
 
 July 1, 1911 
 
 PUBLICATION AUTHORIZED BY 
 EXECUTIVE COUNCIL 
 
 DES MOINES: 
 
 EMORY H. ENGLISH, STATE PRINTER 
 1911 
 
PURE FOOD LAW 
 
 Section 4999-al5. State dairy and food com-, 
 missioner—duties—seal—assistants — compenl 
 sation and expenses.—The State Dairy and Foot. 
 Commissioner shall be charged with the duty o!: 
 carrying into effect the provisions of this act: 
 and shall have an official seal. He may, witt i 
 the approval of the Executive Council, appoin : 
 such assistants as he may deem necessary, wh< i 
 may exercise the powers now provided by la"v T 
 in the case of milk inspectors together witl l 
 those conferred by this act, and they shall per¬ 
 form such duties as may be assigned to thein 
 by the State Dairy and Food Commissionejr. 
 They shall be paid a salary of not to exceejd 
 sixteen hundred dollars ($1600) per annum, 
 said salary to be paid in the same manner as 
 the salaries of other state officers and they shall 
 be allowed the expenses necessarily incurred by 
 them in the discharge of their duties. 
 
 Their accounts shall be itemized and sworn 
 to, and when approved by the Commissiom >r 
 and the Executive Council, shall be paid t »y 
 warrant of the Auditor upon the Treasurer o; it 
 of a sum hereinafter appropriated for carrying 
 out the provisions of this act. 
 
 Sec. 4999-al8. Rules and regulations.—T1 ie 
 Commissioner, shall with the approval of the Ex»- 
 ecutive Council make all necessary rules and regj- 
 ulations for carrying out the provisions of thijs 
 act, under which the Commissioner shall procur 
 from time to time or whenever he has occasioi 
 to believe any of its provisions are being vio 
 lated or cause to be procured for examinatioi 
 chemically, microscopically or otherwise, sam 
 pies of food shipped into this state or offeret 
 for sale in this state. The chemist making th 
 examination shall certify the results of his worl 
 to the Commissioner. 
 
 Sec. 4999-al9. County attorney—duties.— 
 If it shall appear from any such examinatioi 
 
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that any of the provisions of this act have been 
 violated, the Commissioner shall at once certify 
 the facts to the proper county attorney, with a 
 copy of the results of the analysis duly authenti¬ 
 cated by the analyst under oath. It shall be the 
 duty of every county attorney to whom the Com¬ 
 missioner or his assistants shall report any vio¬ 
 lation of this act, to cause proceedings to be 
 commenced and prosecuted without delay for 
 the fines and penalties in such case provided. 
 An attorney may be appointed by the Governor 
 when he deems advisable to prosecute such 
 cases, but in no case except where the county 
 attorney has first refused to act. 
 
 (A 
 
 rf) 
 
 Sec. 4999-a20. Manufacture and sale of adul¬ 
 terated or misbranded foods prohibited.—No 
 person, firm or corporation, by himself, officer, 
 servant or agent, or as the officer, servant or 
 agent of any other person, firm or corporation 
 shall manufacture or introduce into the state 
 v or solicit or take orders for delivery, or sell, 
 -7 exchange, deliver or have in his possession with 
 the intent to sell, exchange or expose or offer for 
 sale or exchange, any article of food which is 
 adulterated or misbranded, within the meaning 
 ir'ot this act. Provided that none of the penalties 
 set forth in this act shall be imposed upon any 
 common carrier for introducing into the state, 
 or having in its possession, any adulterated or 
 misbranded articles of food, where the same 
 were received by said carrier for transportation 
 ^^jpthe ordinary course of its business and .with¬ 
 out actual knowledge of the adulteration or 
 misbranding thereof. Provided, that any manu- 
 £ facturer, wholesaler or jobber may keep goods 
 Q specifically set apart in his stock for sale in other 
 states, which might otherwise be in violation of 
 the provisions of this act. 
 
 Sec. 4999-a21. Terms defined.—The word 
 q ‘‘Commissioner,” whenever used in this act, shall 
 cVfie taken to mean the State Dairy and Food 
 - Commissioner. The word “food,” as used herein, 
 shall include all articles used for food, drink, 
 V confectionery or condiment, by man or domestic 
 b* animals, whether simple, blended, mixed or 
 f\ compound. The term “misbranded,” as used 
 herein, shall apply to all articles of food, or 
 « articles which enter into the composition of 
 food, the package or label of which shall bear 
 any statement, design, or device regarding such 
 
 3 
 
 p 37126 
 
article, or the ingredients or substances con¬ 
 tained therein which shall be false or misleading 
 in any particular, and to any food product which 
 is falsely branded as to the state, territory or 
 country in which it is manufactured or pro¬ 
 duced, or if in package form, which bears any 
 statement of the weight or measure unless the 
 same be a correct statement of the net weight 
 or measure of the contents. 
 
 Misbranding defined. For the purpose of this 
 act an article of food shall be deemed to be 
 “misbranded: ” 
 
 First. If it be offered for sale under the spe¬ 
 cific name of another article. 
 
 Second. If it be labeled or branded so as to 
 deceive or mislead the purchaser, or purport to 
 be a foreign product when not so. 
 
 Third. Baking powders if each can or pack¬ 
 age is not plainly labeled so as to show the name 
 of each and every ingredient contained therein. 
 
 Fourth. In the case of articles labeled, 
 branded, or tagged so as to plainly indicate that 
 they are mixtures, compounds, combinations, im¬ 
 itations or blends, and the word “mixture,” 
 “compound,” “combination,” “imitation” or 
 “blend,” as the case may be is plainly stated 
 on the package in which it is offered for sale, 
 unless the name of each ingredient shall appear 
 on the main label, in continuous list with no 
 intervening matter of any kind, immediately 
 following the phrase, “Mixture of,” “Compound 
 of,” “Combination of,” “Blend of,” as the case 
 may be, such names of ingredients to appear 
 in the order in which they are present in quan¬ 
 tity in said article of food, beginning with the 
 ingredient present in the greater proportion. 
 All letters used in naming the ingredients shall 
 be of the same size, style, and' color as the 
 letters used in the phrase “Mixture of,” “Com¬ 
 pound of,” “Combination of,” or “Blend of” and 
 shall appear on a background of one color. La¬ 
 bels required by this act shall be distinctly 
 printed in the English language in legible type 
 no smaller than eight point heavy gothic caps. 
 Such label shall be placed upon the outside of 
 the package and shall contain the name and 
 place of business of the manufacturer, packer 
 or dealer. The term “blend” as used herein 
 shall be construed to mean a mixture of like 
 substances. Provided, that nothing in this act 
 
 4 
 
shall be construed as requiring or compelling 
 proprietors or manufacturers of proprietary- 
 foods which contain no unwholesome added in¬ 
 gredients to disclose their trade formulas, ex¬ 
 cept in so far as the provisions of this act may 
 require to secure freedom from adulteration or 
 misbranding. 
 
 Sec. 4999-a22. Adulteration defined. — For 
 the purpose of this act, an article of food shall 
 be deemed to be adulterated: 
 
 First. If any substance or substances has or 
 have been mixed and packed with it so as to re¬ 
 duce or lower or injuriously affect its quality, 
 strength or purity. 
 
 Second. If any substance or substances has 
 or have been substituted wholly or in part for 
 the article. 
 
 Third. If any valuable constituent of the ar¬ 
 ticle has been wholly or in part abstracted. 
 
 Fourth. If it does not conform to the stan¬ 
 dards established by law. 
 
 Fifth. If it be mixed, colored, powdered, 
 coated or stained in a manner whereby damage 
 or inferiority is concealed. 
 
 Sixth. If it contains any added poisonous 
 ingredient, or any ingredient which may render 
 such article injurious to health or if it contains 
 saccharine or formaldehyde. 
 
 Seventh. If it consists of the whole or any 
 part of a diseased, filthy, decomposed or putrid 
 animal or vegetable substance or any portion 
 of an animal unfit for food, whether manufac¬ 
 tured or not, or if it' is the product of a diseased 
 animal or one that has died otherwise than by 
 slaughter. 
 
 Eighth. Candies and chocolates if they con¬ 
 tain terra alba, barytes, talc, chrome yellow, or 
 other mineral substances, or poisonous colors or 
 flavors, or other ingredients deleterious or det¬ 
 rimental to health. 
 
 Ninth. Vinegar if it contain any added col¬ 
 oring matter. 
 
 Sec. 4999-a24. Samples—Any person who 
 manufactures or exposes for sale, or delivers to a 
 purchaser any article of food, shall furnish, 
 within business hours and upon payment and 
 tender of the selling price a sample of such food 
 to any person duly authorized by the Commis¬ 
 sioner to receive the same and who shall apply 
 to such vendor, or person delivering to a pur- 
 
 5 
 
chaser, such article of food for such sample 
 for such use in sufficient quantity for the anal¬ 
 ysis of any such article or articles in his pos¬ 
 session. In the presence of such person and an 
 agent of the Commissioner, if so desired by 
 either party, said sample shall be divided into 
 three parts, and each part shall be sealed with 
 the seal of the Commissioner. One part shall 
 be left with the dealer, one delivered to the 
 Commissioner, and one deposited with the coun¬ 
 ty attorney for the county in which the sample 
 is taken. The having in possession by any per¬ 
 son who manufactures or exposes for sale, any 
 adulterated or misbranded food, within the 
 meaning of this act, shall be prima facie evi¬ 
 dence of having in possession with intent to 
 sell in violation of its provisions. 
 
 Sec. 4999-a25. Penalty.—Any person, firm, 
 corporation, or agent thereof, who refuses to 
 comply, on demand, with any of the require¬ 
 ments of this act or who shall violate any of 
 its provisions, or who shall obstruct or hinder 
 the Commissioner, or any of his assistants, in 
 the discharge of any duty imposed by this act, 
 shall be guilty of a misdemeanor, and upon 
 conviction thereof, shall be punished by fine not 
 exceeding one hundred dollars. 
 
 Sec. 4999-a26. Bulletins.—The Commission¬ 
 er shall, from time to time, with the approval of 
 the Executive Council, issue a printed bulletin, 
 showing the results of inspections, analyses, and 
 prosecutions undertaken under this act, together 
 with such general information as may be deemed 
 suitable. Such bulletins shall be printed in such 
 numbers as may be directed by the Executive 
 Council, and shall be issued to the newspapers 
 of the state and to all interested persons. 
 
 Sec. 4999-a27. Appropriation.—For the pur¬ 
 pose of enabling the Commissioner to enforce 
 the provisions of the various laws, the enforce¬ 
 ment of which is vested with the State Dairy 
 and Food Commissioner, for the making of such 
 analysis for other state departments as may be 
 authorized by the Executive Council, for neces¬ 
 sary traveling and miscellaneous expenses of 
 assistants and experts and for all other expenses 
 herein provided, the sum of twenty-one thou¬ 
 sand ($21,000.00) dollars annually, or so much 
 thereof as may be necessary, is hereby appro- 
 
 G 
 
priated from the treasury not otherwise appro¬ 
 priated. 
 
 Sec. 4999-a29. Notice—how served on de¬ 
 fendant corporation.—Upon the prosecution of 
 corporation for violations of the provisions of 
 this act, or of section four thousand nine hun¬ 
 dred and eighty-nine (4989) of the Code, and 
 information filed before a justice of the peace 
 having jurisdiction, the said justice of the peace 
 shall forthwith issue notice to the corporation 
 which shall substantially notify the defendant 
 of the charges contained in the information and 
 that it must forthwith appear and answer the 
 same, which notice may be served by any peace 
 officer in any county of the state or any officer 
 or agent of the defendant corporation by read¬ 
 ing the same to him and leaving with him a 
 copy thereof; said notice shall be returned to 
 the justice of the peace without delay with 
 proper return of its service, and from and after 
 two days from the time of making such service 
 the defendant corporation shall be considered 
 to be in court, and all further proceedings shall 
 be the same as against an individual defend¬ 
 ant. 
 
 FLAVORING EXTRACTS. 
 
 Sec. 4999-a31. For the purposes of this act 
 the following standards are hereby established: 
 
 1. A flavoring extract is a solution in ethyl 
 alcohol of proper strength of the sapid and odor¬ 
 ous principles derived from an aromatic plant, 
 or parts of the plant, with or without its color¬ 
 ing matter, and conforms in name to the plant 
 used in its preparation. 
 
 2. Almond extract is the flavoring extract 
 prepared from oil of bitter almonds, free from 
 hydrocyanic acid, and contains not less than one 
 (1) per cent, by volume of oil of bitter al¬ 
 monds. 
 
 3. Anise extract is the flavoring extract pre¬ 
 pared from oil of anise, and contains not less 
 than three (3) per cent, by volume of oil of 
 anise. 
 
 4. Celery seed extract is the flavoring extract 
 prepared from celery seed or the oil of celery 
 seed, or both, and contains not less than three- 
 tenths (0.3) per cent, by volume of oil of celery 
 seed. 
 
 5. Cassia extract is the flavoring extract pre¬ 
 pared from oil of cassia and contains not less 
 
 7 
 
than two (2) per cent, by volume of oil of cassia. 
 
 6. Cinnamon extract is the flavoring extract 
 prepared from oil of cinnamon, and contains not 
 less than two (2j per cent, by volume of oil of 
 cinnamon. 
 
 7. Clove extract is the flavoring extract pre¬ 
 pared from oil of cloves, and contains not less 
 than two (2) per cent, by volume of oil of 
 cloves. 
 
 8. Ginger extract is the flavoring extract pre¬ 
 pared from ginger and contains in each one 
 hundred (100) cubic centimeters, the alcohol- 
 soluble matters from not less than twenty (20) 
 grams of ginger. 
 
 9. Lemon extract is the flavoring extract pre¬ 
 pared from oil of lemon, or from lemon peel, 
 or both, and contains not less than five (5) per 
 cent, by volume of oil of lemon. 
 
 10. Terpeneless extract of lemon is the fla¬ 
 voring extract prepared by shaking oil of lemon 
 with dilute alcohol, or by dissolving terpeneless 
 oil of lemon in dilute alcohol, and contains not 
 less than two-tenths (0.2) per cent, by weight 
 of citral derived from oil of lemon. 
 
 11. Nutmeg extract is the flavoring extract 
 prepared from oil of nutmeg and contains not 
 less than two (2) per cent, by volume of oil of 
 nutmeg. 
 
 12. Orange extract is the flavoring extract 
 prepared from oil of orange, or from orange 
 peel, or both, and contains not less than five 
 (5) per cent, by volume of oil of orange. 
 
 13. Terpeneless extract of orange is the fla¬ 
 voring extract prepared by shaking oil of orange 
 with dilute alcohol, or by dissolving terpeneless 
 oil of orange in dilute alcohol, and corresponds 
 in flavoring strength to orange extract. 
 
 14. Peppermint extract is the flavoring ex¬ 
 tract prepared from oil of peppermint, or from 
 peppermint, or both, and contains not less than 
 three (3) per cent, by volume of oil of pepper¬ 
 mint. 
 
 15. Rose extract is the flavoring extract pre¬ 
 pared from otto of roses, with or without red 
 rose petals, and contains not less than four- 
 tenths (0.4) per cent, by yolume of otto of roses. 
 
 16. Savory extract is the flavoring extract 
 prepared from oil of savory, or from savory, or 
 both, and contains not less than thirty-five hun- 
 
 8 
 
dredths (0.35) per cent, by volume of oil of 
 savory. 
 
 17. Spearmint extract is the flavoring extract 
 prepared from oil of spearmint, or from spear¬ 
 mint, or both, and contains not less than three 
 (3) per cent, by volume of oil of spearmint. 
 
 18. Star anise extract is the flavoring ex- 
 prepared from oil of star anise, and contains not 
 less than three (3) per cent, by volume of oil 
 of star anise. 
 
 19. Sweet basil extract is the flavoring ex¬ 
 tract prepared from oil of sweet basil, or from 
 sweet basil, or both, and contains not less than 
 one-tenth (0.1) per cent, by volume of oil of 
 sweet basil. 
 
 20. Sweet marjoram extract, marjoram ex¬ 
 tract, is the flavoring extract prepared from the 
 oil of marjoram or from marjoram, or both, 
 and contains not less than one (1) per cent, by 
 volume of oil of marjoram. 
 
 21. Thyme extract is the flavoring extract 
 prepared from oil of thyme, or from thyme, or 
 both, and contains not less than two-tenths (0.2) 
 per cent, by volume of oil of thyme. 
 
 22. Tonka extract is the flavoring extract 
 prepared from tonka bean, with or without su¬ 
 gar or glycerin, and contains not less than one- 
 tenth (0.1) per cent, by weight of coumarin 
 extracted from the tonka bean, together with a 
 corresponding proportion of the other soluble 
 matters thereof. 
 
 23. Vanilla extract is the flavoring extract 
 prepared from vanilla bean, with or without 
 sugar or glycerin, and contains in one hundred 
 (100) cubic centimeters the soluble matters 
 from not less than ten (10) grams of the va¬ 
 nilla bean, and contains not less than thirty (30) 
 per cent, by volume of absolute ethyl alcohol. 
 
 24. Wintergreen extract is the flavoring ex¬ 
 tract prepared from oil of wintergreen, and con¬ 
 tains not less than three (3) per cent, by volume 
 of oil of wintergreen. 
 
 VINEGAR. 
 
 1. Vinegar, cider vinegar, apple vinegar, is 
 the product made by the alcoholic and subse¬ 
 quent acetous fermentations of the juice of ap¬ 
 ples, is laevo-rotatory, and contains not less than 
 four (4) grams of acetic acid, not less than one 
 
 9 
 
and six-tenths (1.6) grams of apple solids, of 
 which not more than fifty (50) per cent are re¬ 
 ducing sugars, and not less than twenty-five 
 hundreds (0.25) gram of apple ash in one hun¬ 
 dred (100) cubic centimeters (20°C.); and the 
 water-soluble ash from one hundred (100) cubic 
 centimeters (2 0°C.) of the vinegar contains not 
 less than ten (10) milligrams of phosphoric acid 
 (P205) and requires not less than thirty (30) 
 cubic centimeters of decinormal acid to neu¬ 
 tralize its alkalinity. 
 
 2. Wine vinegar, grape vinegar, is the pro¬ 
 duct made by the alcoholic and subsequent acet¬ 
 ous fermentations of the juice of grapes and 
 contains in one hundred cubic centimeters (20 
 degrees C), not less than four (4) grams of 
 acetic acid, not less than one (1.0) gram of 
 grape solids, and not less than thirteen hun¬ 
 dredths (0.13) gram of grape ash. 
 
 3. Malt vinegar is the product made by the 
 alcoholic and subsequent acetous fermentations 
 without distillation, of an infusion of barley 
 malt or cereals whose starch has been converted 
 by malt, is dextro-rotary, and contains, in one 
 hundred (100) cubic centimeters (20 degrees 
 C), not less than four (4) grams of acetic acid, 
 not less than two (2) grams of solids, and not 
 less than two-tenths (0.2) gram of ash; and the 
 water-soluble ash from one hundred (100) cu¬ 
 bic centimeters (20 degrees C) of the vinegar 
 contains not less than nine (9) milligrams of 
 phosphoric acid (P205), and requires not less 
 than four (4) cubic centimeters of decinormal 
 acid to neutralize its alkalinity. 
 
 4. Sugar Vinegar is the product made by the 
 alcoholic and subsequent acetous fermentations 
 of solutions of sugar, sirup, molasses, or re¬ 
 finers sirup, and contains in one hundred (100) 
 cubic centimeters (20 degrees C), not less than 
 four (4) grams of acetic acid. 
 
 5. Glucose vinegar is the product made by 
 the alcoholic and subsequent acetous fermenta¬ 
 tions of solutions of starch sugar or glucose, is 
 dextro-rotatory, and contains in one hundred 
 (100) cubic centimeters (20 degrees C), not 
 less than four (4) grams of acetic acid. 
 
 6. Spirit vinegar, distilled vinegar, grain vin¬ 
 egar, is the product made by the acetous fer¬ 
 mentations of dilute distilled alcohol, and con- 
 
 10 
 
tains in one hundred (100) cubic centimeters 
 (20 degrees C), not less than four (4) grams of 
 acetic acid. 
 
 BUTTER. 
 
 1. Butter shall contain not less than eighty 
 (80) per cent by weight of butterfat. 
 
 OYSTERS. 
 
 “Oysters shall not contain ice, nor more than 
 sixteen and two-thirds (16 2-3) per cent by 
 weight of free liquid.” (Chap. 221 L. 33 G. A.) 
 
 ICE-CREAM. 
 
 1. Ice cream is the frozen product made 
 from pure wholesome sweet cream, and sugar, 
 with or without flavoring, and if desired, the 
 addition of not to exceed one per cent. (1%) 
 by weight of a harmless thickener, and contains 
 not less than twelve per cent. (12%) by weight 
 of milk fat, and the acidity shall not exceed 
 three-tenths (0.3) of one per cent. (1%). 
 
 2. Fruit ice cream is the frozen product 
 made from pure wholesome sweet cream, sugar, 
 and sound, clean, mature fruits, and, if desired, 
 the addition of not to exceed one per cent. 
 (1%) by weight of a harmless thickener, and 
 contains not less than ten per cent. (10%) by 
 weight of milk fat. 
 
 3. Nut ice cream is the frozen product made 
 from pure wholesome sweet cream, sugar, and 
 sound, non-rancid nuts, and, if desired, the ad¬ 
 dition of not to exceed one per cent. (1%) by 
 weight of harmless thickener, and contains not 
 less than ten per cent. (10%) by weight of 
 milk fat. 
 
 WEIGHT AND MEASURE LAW. 
 
 Section 1. That the State Dairy and Food 
 Commissioner and his assistants are each here¬ 
 by empowered and it is hereby made their duty, 
 to make an inspection of scales, weights and 
 measures wherever the same are kept for use in 
 connection with the sale of merchandise or other 
 commodities sold by weight or measurement, or 
 where the price to be paid for producing or 
 manufacturing any article or commodity is based 
 upon the weight or measurement thereof, with¬ 
 in this state, and he is hereby authorized and 
 directed to procure from the State Superintend- 
 
 11 
 
ent of Weights and Measures such standards of 
 weights and measures as may be necessary to 
 enable him and his assistants to perform the 
 duties conferred upon them by this act. 
 
 Sec. 2. Whenever complaint shall be made 
 to the State Dairy and Food Commissioner that 
 any false or incorrect scales, weights or meas¬ 
 ures are being made use of by any person, firm 
 or corporation in the purchase or sale of mer¬ 
 chandise or other commodities or in weighing 
 any article or commodity, the piece price paid 
 for producing which is determined by weight 
 or measure, it shall be his duty to cause the 
 same to be inspected as soon as the duties of 
 his office will permit, and he shall make such 
 other inspection of weights and measures as in 
 his judgment is necessary or proper to be made. 
 
 Sec. 3. If any person engaged in the pur¬ 
 chase or sale of merchandise or other com¬ 
 modities by weight or measurement or in the 
 employment of labor where the price thereof 
 is to be determined by weight or measurement 
 of the articles or thing upon which such labor 
 is bestowed, as specified in section one (1) of 
 this act, be found having in his place of busi¬ 
 ness any scales, weights, measures or other ap¬ 
 paratus for determining the quantity of any 
 commodity, which does not conform to the 
 standards of weight and measurement of this 
 state, shall be guilty of a misdemeanor and for 
 the first offense shall be fined not less than 
 ten nor more than one hundred dollars, and 
 for each subsequent offense, not exceeding five 
 hundred dollars, or imprisonment in the county 
 jail not exceeding ninety days. 
 
 Sec. 4. The State Dairy and Food Commis¬ 
 sioner shall pay from the appropriations for his 
 office, any and all expense incurred in procur¬ 
 ing the necessary standards from the State Su¬ 
 perintendent of Weights and Measures. 
 
 12