OREGON. 161 



informed of such adulteration, at once mark the same as required by section 

 2121 ; all moneys collected by the commissioner for making analysis shall be 

 paid by the commissioner to the state agricultural college for making tests, to 

 be credited to the state, and become a part of the state appropriation to defray 

 the expenses of the enforcement of this act. Laws 1893, p. 99-100. 

 Codes and Statutes (Bellinger and Cotton), 1902, p. 734. 



3780. Spices and extracts, when impure, in nut be labeled. All spices and 

 fluid extracts sold or offered for sale in this state, if not pure, shall be labeled 

 " adulterated," with the percentage of adulteration. 



3786. Provisions for analyses. It shall be the duty of the chemist of the 

 State Agricultural College to correctly analyze any and all substances the said 

 (Dairy and Food) commissioner may send him for the purposes of carrying out 

 the provisions of this act, and the certificate of analysis of said chemist, duly 

 signed by him, shall be prima facie evidence in all courts of justice: Provided 

 however, that the testing of milk and cream shall be done by the dairy and food 

 commissioner, and the certificate of said commissioner as to any such test, 

 duly signed by him, shall be prima facie evidence in all courts of justice of the 

 facts therein stated. 



3787. Inspection authority of commissioner. The said commissioner, and 

 such experts and chemists or agents as he shall duly authorize for the purpose, 

 shall have access to, egress and ingress to all places of business, factories, stores, 

 farm buildings, carriages, cars, vessels, and implements used in the manufacture, 

 production, or sale of any food, drinks, medicines, or fertilizers; and they shall 

 also have the power and authority to open any package, case, or vessel containing 

 such articles which may be manufactured, sold, or exposed for sale, and any 

 manufacturer, dealer, hotel or restaurant keeper shall deliver to the commis- 

 sioner or his deputy any sample of food, drinks, medicines, or fertilizers for 

 analyzing or testing, upon a tender of the price thereof in money. 



3791. I'ciHilficN. Any person violating any of the provisions of this act shall 

 be deemed guilty of a misdemeanor, and upon conviction thereof shall be pun- 

 ished by a fine of not less than twenty-five dollars nor more than one hundred 

 dollars, or be imprisoned in the county jail not less than thirty days nor rnoro 

 than six months. Justice's courts shall have concurrent jurisdiction of all 

 cases arising under this act. J^urx 11)01, i>. 2l>2-2i>.'i. 



Codes and Statutes (Bellinger and Cotton), 1902, p. 1274-1276. 



3767. Sale of adulterated article* not plainly marked unlawful- No person 

 or persons shall sell or expose for sale or exchange, or have in his or their pos- 

 session for sale or exchange, any adulterated food, drink, medicine, or fertilizer, 

 unless the same shall be plainly marked so as to establish its true character 

 and distinguish it from a pure article of food, drink, medicine, or fertilizer. 



3768. Adulteration defined. An article of food or drink or medicine shall be 

 deemed to be adulterated within the meaning of this act when : 



1. Any substance or substances have been mixed with it so as to reduce or 

 lower or injuriously affect its quality or strength ; 



2. If any inferior or cheaper substance or substances have been substituted 

 wholly or in part for it ; 



3. If any valuable constituent has been wholly or in part abstracted from it ; 



4. If it is an imitation of or is sold under the name of another article ; 



5. If it is colored, coated, powdered, or polished whereby damage is concealed, 

 or if it is made to appear better, or of greater value as compared with the total 

 solids, than it really is * * *. Laws 1901, p. 258. 



Codes and Statutes (Bellinger and Cotton), 1902, p. 1270. 



27587 No. 9806 11 



