SPICES AND CONDIMENTS, 241 



to prevent the adulteration of food, drugs, and spirituous, fermented, or inalt liquors 

 in the State of New York." 



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3. Section 2 is hereby amended to read as follows : 



tl 2. The term food as used in this act shall include every article of food or drink by 

 man, including teas, coffees, and spirituous, fermented, and malt liquors. The term 

 drug as used in this act shall include all medicines for internal or external use." 

 * * * * * * # 



5. Section 5 is hereby amended to read as follows : 



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

 health as relates to the sale of food, drugs, spirituous, fermented, and malt liquors, 

 and the adulteration thereof, and make all necessary inquiries relating thereto. It 

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

 upon its recommendation, whenever it shall deem any such officers incompetent, the 

 appointment 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, and from time to time 

 thereafter as it may deem expedient, the said board of health shall meet and adopt such 

 measures, not provided for by this act, as may seem necessary to facilitate the en- 

 forcement of this act, and for the purpose of making an examination or analysis of 

 spirituous, fermented, or malt liquors sold or exposed for sale in any store or place of 

 business not herein otherwise provided for, and prepare rules and regulations with 

 regard to the proper methods of collecting and examining articles of food, drugs, 

 spirituous, fermented, or malt liquors, and for the appointment of the necessary in- 

 spectors and analysts. The said board shall at least once in the calendar year cause 

 samples to be procured, in public market or otherwise, of the spirituous, fermented, or 

 malt liquors distilled, brewed, manufactured, or offered for sale in each and every 

 brewery or distillery located in this State, and a test, sample, or analysis thereof to bo 

 made by a chemist or analyist duly appointed by said board of health. The samples 

 shall be kept in vessels and in a condition necessary and adequate to obtain a proper 

 test and analysis of the liquors contained therein. The vessels containing such sam- 

 ples shall be properly labeled and numbered by the secretary of said board of health, 

 who shall also prepare and keep an accurate and proper list of the names of the dis- 

 tillers, brewers, or vendors, and opposite each name shall appear the number which 

 is written or printed upon the label attached to the vessel containing the sample of 

 the liquor manufactured, brewed, distilled, or sold. Such lists, numbers, and labels 

 shall be exclusively for the information of the said board of health, and shall not be 

 disclosed or published unless upon discovery of some deleterious substance prior to 

 the completion of the analysis, except when required in evidence in a court of justice. 

 The samples when listed and numbered shall be delivered to the chemist, analyst, or 

 other officer of said board of health, and shall be designated and known to such chemist, 

 analyst, or officer only by its number, and by no other mark or designation. The re- 

 sult of the analysis or investigation shall thereupon, and within a convenient time, 

 be reported by the officer conducting the same to the secretary of said State board of 

 health, setting forth explicitly the nature of any deleterious substance, compound, or 

 adulteration which may be detrimental to public health and which has been found 

 upon analysis in such samples, and stating the number of the samples in which said 

 substance was found. Upon such examination or analysis the brewer, distiller, or 

 vendor in whose sample of spirituous, fermented, or malt liquor such deleterious sub- 

 stances, compounds, or adulterations shall be found, shall be deemed to have violated 

 the provisions of this act, and shall be punishable as prescribed in section 7 of this 



act." 



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7. Section 7 of said chapter 407 of the laws of 1881 is hereby amended to read as 

 follows : 



" 7. Upon discovering that any person has violated any of the provisions of this act, 

 the State board of health shall immediately communicate the facts to the district at- 



22823 Bull, 13, pt. 2 3 



