348 GRAPE CULTURE AND 



adulterations "of artificial coloring matters, antiseptic chem- 

 icals, or other ingredients known to be deleterious to the 

 health of consumers ; and provided further, that this Act shall 

 not apply to currant wine, gooseberry wine, or wines made 

 from other fruits than the grape, which are labeled or branded 

 and designated and sold, or offered or exposed for sale under 

 names including the word wine, but also expressing distinctly 

 the fruit from which they are made, as gooseberry wine, 

 elderberry wine, or the like. Any violation of any of the 

 provisions of any of the preceding sections shall be a misde- 

 meanor. 



SEC. 5. Exceptions from the provisions of this Act shall 

 be made in the case of pure champagne, or sparkling wine, so 

 far as to permit the use of chrystalized sugar in sweetening the 

 same according to usual custom, but in no other respect. 



SEC. 6. In all sales and contracts for sale, production, or 

 delivery of products defined in this Act, such products, in the 

 absence of a written agreement to the contrary, shall be pre- 

 sumed to be pure as herein defined, and such sale or con- 

 tract shall, in the absence of such an agreement, be void, if it 

 be established that the products so sold or contracted for were 

 not pure as herein defined. And in such case the conceal- 

 ment of the true character of such products shall constitute 

 actual' fraud for which damages may be recovered, and in a 

 judgment for damages, reasonable attorney fees to be fixed by 

 the Court, shall be taxed as costs. 



SEC. 7. The Controller of the State shall cause to have 

 engraved plates, from w r hich shall be printed labels which 

 shall set forth that the wine covered by such labels is pure 

 California wine in accordance with this Act, and leaving 

 blanks for the name of the particular kind of wine, and the 

 name or names of the seller of the wine and place of business. 

 These labels shall be of two forms or shapes, one a narrow 

 strip to cap over the corks of bottles, the other, round or 



