58 FOOD LEGISLATION, YEAR ENDED JUNE 30, 1908. 



ducer, jobber, packer or dealer for enclosing any article of food or any drug 

 or medicine when exposed or offered for sale. 



SEC. 37. Possession evidence of violation of act. The possession of any adul- 

 terated, mislabeled or misbranded article of food, dairy product or drug, or 

 the offering for sale or the sale of any adulterated, mislabeled or misbranded 

 food, dairy product or drug, by any manufacturer, producer, jobber, packer or 

 dealer in ood or drugs, or broker or commission merchant, agent, employee or 

 servant of any such manufacturer, producer, jobber, packer or dealer, shall be 

 prima facie evidence of the violation of this Act. 



SEC. 38. Hotel signs for imitation butter and cheese, adulterated milk and 

 lard. Whenever any hotel, tavern, restaurant, or boarding house shall know- 

 ingly serve for the use of their patrons such food as is defined in this Act as 

 compounds, imitations, blends, renovated butter, imitation cheese, adulterated 

 milk or adulterated lard [they] shall keep conspicuously posted or printed in 

 a bill of fare a list of the articles of food so served in plain and legible words, 

 the brands or labels upon the original package or the constituent parts of such 

 food articles. 



SEC. 44. Imitation honey must be so labeled. It shall be unlawful for any 

 person to sell, offer, or expose for sale or exchange, any honey which has not 

 been wholly made by bees, unless the same is labelled " imitation " and con- 

 tains nothing that is injurious to health. 



SEC. 47. Protection of meat and game. Every dealer or peddler in slaughtered 

 fresh meats, fish, fowl or game for human food, at wholesale or retail in the 

 transportation of such food from place to place, to customers, shall protect the 

 same from dust, flies and other vermin, or substances which may injuriously 

 affect it by securely covering it while being so transported. 



SEC. 48. "Sale " defined. The taking of orders or the making of agreements 

 or contracts by any person, firm or corporation, or by an agent or representa- 

 tive thereof, for the future delivery of any of the articles, products, goods, 

 wares or merchandise embraced within the provisions of this Act, shall be 

 deemed a sale within the meaning of this Act. 



SEC. 49. Penalty for misbranding or defacing label. Whoever shall falsely 

 brand, mark, stencil or label any article or product required by this Act to be 

 branded, marked, stenciled or labeled, or shall remove, alter or deface, mutilate, 

 obliterate, imitate, or counterfeit any brand, mark, stencil, or label so required, 

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

 punished by a fine of not less than fifty dollars nor more than five hundred 

 dollars, or by imprisonment in the county jail for not less than six months nor 

 more than one year, or by both such fine and imprisonment, for each and every 

 offense. 



SEC. 51. Penalty. Whoever shall do any of the acts or things prohibited or 

 willfully neglect or refuse to do any of the acts or things enjoined by this Act, 

 or in any way violate any of its provisions, shall be deemed guilty of a misde- 

 meanor, and where no specific penalty is prescribed by this Act, shall be pun- 

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

 or by imprisonment in the county jail for a period of not less than thirty days 

 nor more than ninety days, or by both such fine and imprisonment. 



SEC. 55. Colored distilled vinegar illegal. It shall be unlawful for any person, 

 firm, or corporation to sell or offer for sale in this State, any colored, distilled 

 vinegar. 



SEC. 58. Possession shows intent to commit offense. If any person shall have 

 in his possession or control any article or articles of adulterated or misbranded 

 or mislabeled food, drugs, or medicines, contrary to the provisions of this Act, he 

 shall be held to have possession of property with intent to use it as a means of 



