62 DKUG LEGISLATION IN THE UNITED STATES. 



1047. Maniples to be ftirnisJied. If any person manufacturing, keeping for sale, 

 offering for sale or exhibiting for sale any drug or article of food included in the 

 provisions of this chapter, shall refuse to furnish the duly appointed food com- 

 missioner, upon demand, either personal or in writing, a sample sufficient for 

 the analysis of such drug or article of food which is in his possession, the food 

 commissioner tendering the market price therefor, such refusal shall he prima 

 facie evidence that such drug or article of food so manufactured, kept for sale, 

 offered for sale or exhibited for sale is adulterated within the meaning of this 

 chapter. 



1048. Poivcrs of commissioner. The food commissioner shall have power in 

 the performance of his duties, to enter into any creamery, factory, store, sales- 

 room, storageroom, drug store or laboratory, or any place where he has reason 

 to believe food or drink are made, prepared, sold or offered for sale, and to open 

 any cask, tub, bottle, case or package containing or supposed to contain any arti- 

 cle of food or drink and examine or cause to be examined the contents thereof. 



1049. Monthly report. The food commissioner shall make a monthly report in 

 writing to the president of the board of health containing the results of inspec- 

 tion and analysis in detail, and upon request of said board he shall furnish for 

 publication a popular explanation of the same covering any month or period, 

 together with any such other information as may come to him in his official 

 capacity relating to the adulteration of drugs and food and drink products, so 

 far as the same may be deemed by the said board of health to be of benefit and 

 advantage to the public. 



1050. Penalties. Whoever violates any of the provisions of this chapter shall 

 be guilty of a misdemeanor, and upon conviction shall be fined not exceeding 

 two hundred, nor less than ten dollars, or imprisoned at hard labor not exceed- 

 ing one hundred nor less than thirty days, or both. Laics 1903, p. ^69 et scq. 



Revised Laws, 1905, p. 4GO-4G3. 



3023. Adulteration a gross cheat. Whoever shall knowingly compound, pre- 

 pare, or adulterate any substance intended for food, drink, or medicine for man, 

 with any ingredient or mattter so as to render such food, drink, or medicine 

 injurious to health ; or knowingly procure such substance to be compounded, 

 prepared, or adulterated, is guilty of a gross cheat. (Penal Code 1869, p. 46.) 



3024. Penalty. Whoever is convicted of a gross cheat shall be punished by 

 imprisonment at hard labor not more than one year, or by a fine not exceeding 

 one thousand dollars. 



3025. Civil remedy not a bar to criminal prosecution. No person shall be 

 exempted from criminal prosecution for gross cheating, by reason of the party 

 cheated having a remedy against him by civil action. 



Revised Laws, 1905, p. 1103-1104. 



ADULTERATION OF LIQUORS WITH DRUGS. 



1432. Penalty. Any person or corporation licensed to brew malt liquors under 

 part 2 of this chapter who shall in the manufacture of such malt liquors make 

 use of any deleterious or poisonous drugs or substance or who shall manufac- 

 ture or offer for sale malt liquors of an alcoholic strength above ten per cent, 

 shall upon conviction be punished by a fine not exceeding one thousand dollars 

 or by imprisonment at hard labor for a term not exceeding one year. (Laws 

 1903, p. 21.) 



Revised Laws, 1905, p. 574. 



