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PAssaD AT THB
Sixteenth Session of the General Assembly of the State of Colorado
AT DENVER A. D. 1907
DAY OF JANUARY.
PUBLISHED BY AUTHORITY
DBNVBR.OOLOUDO THB SMITH-BROOKS PRINTING OOMPANY, STATE PRINTBRS
• (If. B. No. 29, by Mr. Kelly.)
FOR PREVENTING THE MANUFACTURE, SALE OR TRANSPORTATION OF ADULTERATED OR MISBRANDED OR POISONOUS OR DELETERIOUS FOODS, DRUGS, MEDICINES, AND LIQUORS, AND REPEALING ALL ACTS .OR PARTS OF ACTS IN 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 Interstate manufacture, or sell, or expose for sale, or deliver or give commerce away, or ship, or offer for shipment, within this State, excepted. any article of food, or drug, which is adulterated, or misbranded, within the meaning of this act, except as such article may be in the original package and the subject of interstate commerce under the federal jurisdiction; and any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor ~ and for each offense, shall, upon conviction thereof, be punished by a fine of not exceeding five hundred dollars, Fine for or 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 thereof shall be punished by a fine of not less than one thousand dollars, or by imprisonment for one year, or by both such fine and imprisonment, in the discretion of the court. But no article shall be deemed misbranded or adulterated No article within the provisions of this act when intended for ex- misbranded port to any foreign country and prepared, or packed, ac- -when. cording 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 ot such tor· eign country to which said article is intended to be
Use In this State.
Board Health rules.
Conform to U. S. laws.
Examinations -how made.
~otlce ot vlolatlonto whom given. Certify facts to dlstrtct attorney.
District attorney prosecute.
shipped; but if said article shall be in fact sold, or exposed for sale, or delivered, or given away, or shipped or offered for shipment, for use or consumption within this state, then this provision shall not exempt said article from the operation of any of the provisions of this act. Sec. 2. The State Board of Health shall make uniform rules and regulations for carrying out the provisions of this act, including the collection and examination 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, or which may be submitted for examination by any health officer 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 enforcement of the food and drugs act of the United States, approved June 30, 1906, regulating the misbranding, or adulteration, of drug or food products for interstate commerce. Sec. 3. The examinations of specimens of foods and drugs shall be made by, or under the direction and supervision of, the State Board of Health for the purpose of determining from such examinations whether such articles are adulterated, or misbranded, within the meaning of this act; and if it shall appear from any such examinations that any of such specimens is adulterated, or misbranded, within the meaning of this act, the State Board of Health shall cause notice thereof to be given to the person from whom such sample was obtained. Any person so notified shall be given an opportunity to be heard, under such rules and regulations as shall be prescribed as aforesaid, and if it shall appear that any of the provisions of this act have been violated by such person, then the &tate Board of Health shall at once certify the facts to the proper district attorney, with a copy 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 such analyst or officer. After judgment of the conrt, notice shall be given by publication in such manner as may be prescribed by the rules and regulations aforesaid. Sec. 4. It shall be the duty of each district attorney to whom the State Board of Health shall report any vio-
lation of this act, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of this State, without delay, for the enforcement of the penalties as in such case herein provided. Sec. 5. The term "drug," as used in this act, shall DeftnltJoneinclude all medicines and preparations recognized in the "druC·" United States Pharmacopeeia or National Formulary for internal 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 other animals. 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 • . adulteratedFIrst. If, when a drug IS sold under or by a name when. recognised in the United States Pharmacopeela or National Formulary, it differs from the standard strength. Drugs. quality, or purity, as determined by the tests laid down in the United States Pharmacopoeia or National Formulary official at the time of investigation. Second. If its strength or purity shall fall below the 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 adulteration, or poisonous color, or flavor, or ' other ingredient deleterious to health, or any vinous, malt or spiritous liquor, 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 quality or 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 is concealed.
In case of drugs.
Fifth. If it contain formaldehyde or other harmful preservative or any added poisonous, or other added deleterious ingredient which may render such article injurious to health. But when in the preparation of food .products for shipment they are preserved by any external application applied in such manner that the preservative is necessarily removed mechanically, or by maceration in water, or otherwise, and directions for the removal of said preservative are printed on the covering, or the package, the provisions of this act shall be construed as applying only when said products are ready for consumption. 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 manufactured, or not, or if it is the product of a diseased animal, 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 articles which enter into the lomposition of food, the package, or label, of which shall bear any statement, word, design or device regarding such article, or the ingredients or substances, contained therein, which shall be false or misleading in any particular, and to any food or drug product 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 be deemed 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 originally put up, or the contents of the box, bottle, can, or other 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 contents shall have been placed in such package, or in such box, 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 proportion of any alcohol, morphine, opium, cocaine, hereon, alpha or beta eucaine, chloroform, cannabis indica,
chloral hydrate, acetanilide, or nny harmful coal tar derivative or preparation, or any such substances, contained therein. But no such statement shall be reo quired to be placed on such label if the drug is sold upon No label In cue the prescription of a duly licensed physician, dental of physician's . h'lCh'dsal prescrip. ti aftldavlt. surgeon, or ve t ermary surgeon, w Ion shall be kept on file by the dispensing pharmacist, 01' under the name of any article defined in the United States Pharmacopoeia or National Formulary, or, in the case of alcohol, or official, preparations containing alcohol, when used in the manufacture of other preparations which are officia] in the United States Pharmacopoeia 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 to or 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 other 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 contents shall have 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 any morphine, opium, cocaine. hereon, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, acetanilide, or any harmful coal tar derivative, or preparation or any such substances contained therein. Third. If in package' form and the contents are Weight stated in terms of weight or measure, they are not plainly Incorrectly and correctly stated on the outside of the package. given. Fourth. If the package containing it, or the box, False statement bottle, can, or other container, or its label, shall bear on can or box. any statement, word, design, or device regarding the ingredients or the substances contained therein, which statement, word, design, or device shall be false or misleading in any particular. But an article of food which does not contain any added poisonous ingredients, or in- Wh t gredients deleterious to health, shall not be deemed tOdee~~dno be adulterated, or misbranded, in the following cases: misbranded.
No dealer prosecuted ;~: ;:a~::tee from jobber.
First. In the case of mixtures, or compounds, which may _be now, or from time to time hereafter, known as articles of food, under 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 a statement of the place where said article has been manufactured or 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," "imitation," or "blend," as the case may be, is plainly stated on the package, box, bottle, can, or other container, in which it is offered for sale. But the term "blend," as used herein, shall be construed to mean a mixture of like substances, not excluding harmless coloring, or llavoring ingredients used for the purpose of coloring and flavoring only; and nothing in this act shall be construed as requiring or compelling proprietors, or manufacturers, or [of] proprietary foods, which contain no unwholesome added ingredient to disclose their trade formulas, except in so far as the provisions of this act may require to secure freedom from adulteration or misbranding. Sec. 8. No dealer shall be prosecuted under the provisions of this act when he can establish a guaranty signed by the wholesaler, jobber, manufacturer, or other person residing in this State, from whom he purchased any article in question, to the effect that the same is not adulterated or misbranded. Such guaranty, to afford protection, shall contain the name and address of the person making the sale of such article to such dealer, and in 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. Sec. 9. Any article of food, drug, or liquor, that is adulterated, or misbranded, within the meaning of this act, that is manufactured, or sold, or exposed for sale, or delivered, or given away, or shipped, or offered for shipment, within this State, together with its box, bottle, can, or other container, except as such article may be in the original package and the subject of interstate commerce, under the federal jurisdict lon, is bereby
declared to be a nuisance and shall be abated upon a com- Xulsance. plaint, hearing and judgment, or order, of court in a proceeding 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 is condemned as being adulterated, or misbranded, or as being of a poisonous, or deleterious character, within the meaning of this act, it shall be disposed of under the proper order of court by destruction, or by sale ,in the Article manner provided for the sale of chattels under execu- destroyed or tion, in the discretion of the court; and the proceeds SO~d un~er t thereof, if it be sold, less the legal cost and charges. or er 0 court. shall be paid to the State Treasurer; but such article of food, or drug, shall not be sold in any jurisdiction contrary 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. When construing and enforcing the provisions of this act, the act, 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 the scope of his employment, or office, shall in every case also be deemed to be the act, omission, or failure of such corporation, company, partnership, society or association, 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 later than ninety days after its passage; therefore, this act shall take effect and be in force on and after the 1st day of January, A. D. 1908. All acts and parts of acts inconsistent or in conftict herewith are hereby repealed. Approved, March 7th, 1907.
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