240 FOODS AND FOOD ADULTERANTS. 



(6) If it be colored, or coated, or polished, or powdered, whereby damage is 



concealed, or it is made to appear better than it really is, or of greater 

 value. 



(7) If it contain any added poisonous ingredient, or any ingredient which 



may render such article injurious to the health of the person consum- 

 ing it : Provided, That the State board of health may, with the ap- 

 proval of the governor, from time to time declare certain articles or 

 preparations to be exempt from the provisions of this act: And pro- 

 vided further, That the provisions of this act shall not apply to mix- 

 tures or compounds recognized as ordinary articles of food, provided 

 that the same are not injurious to health and that the articles are dis- 

 tinctly labeled as a mixture, stating the components of the mixture. 



4. It shall be the duty of the State board of health to prepare and publish from 

 time to time lists of the articles, mixtures, or compounds declared to be exempt from 

 the provisions of this act in accordance with the preceding section. The State board 

 of health shall also from time to time fix the limits of variability permissible in any 

 article of food or drug or compound, the standard of which is not established by any 

 national pharmacopoeia. 



5. The State board of health shall take cognizance of the interests of the public 

 health as it relates to the sale of food and drugs and the adulteration of the same, 

 and make all necessary investigations and inquiries relating thereto. It shall also 

 have the supervision of the appointment of public analysts and chemists, and upon 

 its recommendation whenever it shall deem any such officers incompetent the ap- 

 pointment of any and every such officer shall be revoked and be held to be void and 

 of no effect. Within thirty days after the passage of this act the State board of 

 health shall meet and adopt such measures as may seem necessary to facilitate the 

 enforcement of this act, and prepare rules and regulations with regard to the proper 

 methods of collecting and examining articles of food or drugs, and for the appoint- 

 ment of the necessary inspectors and analysts ; and the State board of health shall 

 be authorized to expend, in addition to all sums already appropriated for said board, 

 an amount not exceeding ten thousand dollars for the purpose of carrying out the 

 provisions of this act. And the sum of ten thousand dollars is hereby appropriated, 

 out of any moneys in the treasury not otherwise appropriated, for the purposes in 

 this section provided. 



6. Every person selling or offering or exposing any article of food or drugs for sale, 

 or delivering any article to purchasers, shall be bound to serve or supply any public 

 analyst or other agent of the State or local board of health appointed under this act, 

 who shall apply to him for that purpose, and on his tendering the value of the same, 

 with a sample sufficient for the purpose of analysis of any article which is included 

 in this act, and which is in the possession of the person selling, under a penalty not 

 exceeding $50 for a first offense and $100 for a second and subsequent offense. 



7. Any violation of the provisions of this act shall be treated and punished as a mis- 

 demeanor; and whoever shall impede, obstruct, hinder, or otherwise prevent any 

 analyst, inspector, or prosecuting officer in the performance of his duty shall be 

 guilty of a misdemeanor, and shall be liable to indictment and punishment therefor. 



8. Any acts or parts of acts inconsistent with the provisions of this act are hereby 

 repealed. 



9. All the regulations and declarations of the State board of health made under 

 this act from time to time, and promulgated, shall be printed in the statutes at 

 large. 



10. This act shall take effect at the expiration of ninety days after it shall become 

 a law. 



Amendment of April 29, 1885. 



SECTION 1. The title of chapter 407 of the laws of 1881, entitled "An act to prevent 

 the adulteration of food and drugs," is hereby amended to read a.s follqws: "An a.ctj 



