Poison label to be attached, and name of antidote. Penalties. 1888, 209. Whoever sells any of the poisonous articles named in this section, without the written prescription of a physician, shall affix to the bottle, box or wrapper containing the article sold a label of red paper upon which shall be printed in large black letters the word Poison, and also the word Antidote, and the name and place of business of the vendor. The name of an antidote, if there be any, for the poison sold shall also be upon the label. Every neglect to affix such label to such poisonous article before the delivery thereof to the purchaser shall be punished by fine not exceeding fifty dollars. Whoever purchases poison as aforesaid and gives a false or fictitious name to the vendor shall be punished by fine not exceeding fifty dollars: provided, that nothing in this act shall be construed to apply to wholesale dealers and to manufacturing chemists in their sales to the retail trade. LAWS RELATIVE TO SPECIAL ARTICLES OF FOOD. [The older statutes relative to the weights and measures of sundry articles, and the local inspection of the same, containing much material pertaining to commercial inspection, and irrelevant to the subject of adulteration, are omitted from this résumé, with the exception of the statutes relative to milk and provisions and animals intended for slaughter.] OF THE INSPECTION AND SALE OF MILK AND MILK PRODUCTS. 1. The mayor and aldermen of cities shall, and the select- Appointment of inspectors of men of towns may, annually appoint one or more persons to be milk. P.S., c. 57, § 1. inspectors of milk for their respective places, who shall be sworn before entering upon the duties of their office. Each 1864 inspector shall publish a notice of his appointment for two weeks in a newspaper published in his city or town, or, if no newspaper is published therein, he shall post up such notice in two or more public places in such city or town. 2. Such inspectors shall keep an office, and shall record in books kept for the purpose the names and places of business of all persons engaged in the sale of milk within their city or town. Said inspectors may, with the approval of the mayor or the selectmen, employ suitable persons to act as collectors of samples, who shall be sworn before entering upon their duties. Said inspectors, or the collectors employed and qualified as aforesaid, may enter all places where milk is stored or kept for sale, and all carriages used for the conveyance of milk, and the said inspectors or the collectors may take samples for analysis from all such places or carriages, and at the same time a portion of each sample so taken shall, if the person taking the same be Their duties and 1886, 318, § 1. powers. 1864 requested so to do, be sealed and delivered to the owner or person from whose possession the same is taken and a receipt given therefor to the person taking the same. The inspectors shall cause the samples of milk so taken to be analyzed or otherwise satisfactorily tested, the results of which analysis or test they shall record and preserve as evidence. The inspectors shall receive such compensation as the mayor and aldermen or selectmen may determine. No evidence of analysis to be Pub. Stats., chap. 57, sect. 2 (statute of 1864, chap. 122, sect. 2), so far as it authorizes inspectors of milk to enter all carriages used in the conveyance of milk, and, whenever they have reason to believe any milk found therein is adulterated, to take specimens thereof for the purpose of analyzing or otherwise satisfactorily testing the same, is constitutional. Commonwealth v. Carter, 132 Mass. 12. Under the Pub. Stats., chap. 57, sect. 2, as amended by the Statutes of 1884, chap. 310, sect. 3, and 1885, chap. 352, sect. 4, an inspector of milk cannot appoint an agent who shall have the right, in the absence of the inspector, and without his immediate personal direction and control, to take, by force and against the will of the owner, samples of milk for analysis from a carriage used for the conveyance of milk. received if in- Penalty for imitating seal or tampering with sample. 1886, 318, § 4. Commonwealth v. Clarence A. Smith, 141 Mass. page 135. Placing wax upon the top of the cork in a bottle containing a portion reserved from a sample of milk taken for analysis, and not extending the wax over the mouth of the bottle and thus rendering the bottle airtight, is not a sufficient compliance with the requirements of the Statutes of 1884, chap. 310, sect. 4, that such reserved portion shall be sealed." 66 3. Commonwealth v. Charles W. Lockhardt, 144 Mass. page 132. If the said inspector or collector after being so requested shall refuse or neglect to seal and deliver to the owner or person from whose possession the same is taken, as provided in section one of this act, a portion of the sample taken as aforesaid, no evidence shall be received in any court of the results of the analysis or test of the same, which may have been recorded and preserved as aforesaid. 4. Whoever makes, uses or has in his possession, any imitation or counterfeit of any seal used by any milk inspector or his agents, and whoever changes or in any manner tampers with any sample taken or sealed as provided in section one, shall be punished by fine not exceeding fifty dollars or by imprisonment in the house of correction not exceeding ninety days. milk from car licensed. 1880 5. In all cities, and in all towns in which there is an inspector Persons selling of milk, every person who conveys milk in carriages or other- riages to be wise for the purpose of selling the same in such city or town P.S., c. 57, § 3. shall annually, on the first day of May, or within thirty days thereafter, be licensed by the inspector or inspectors of milk of such city or town to sell milk within the limits thereof, and shall pay to such inspector or inspectors fifty cents each to the use of the city or town. The inspector or inspectors shall pay over monthly to the treasurer of such city or town all sums collected by him or them. Licenses shall be issued only in the names of the owners of carriages or other vehicles, and shall for the purposes of this chapter be conclusive evidence of ownership. No license shall be sold, assigned, or transferred. Each license shall record the name, residence, place of business, number of carriages or other vehicles used, name and residence of every driver or other person engaged in carrying or selling said milk, and the number of the license. Each licensee shall before engaging in the sale of milk cause his name, the number of his license, and his place of business to be legibly placed on each outer side of all carriages or vehicles used by him in the conveyance and sale of milk, and he shall report to the inspector or inspectors any change of driver or other person employed by him which may occur during the term of his license. Whoever, without being first licensed under the provisions of this section, sells milk or exposes it for sale from carriages or other vehicles, or has it in his custody or possession with intent so to sell, and whoever violates any of the provisions of this section, shall for a first offence be punished by fine of not less than thirty nor more than one hundred dollars; for a second offence by fine of not less than fifty nor more than three hundred dollars; and for a subsequent offence by fine of fifty dollars and by imprisonment in the house of correction for not less than thirty nor more than sixty days. Persons selling etc., to be regis. milk in stores, tered. 6. Every person before selling milk or offering it for sale in a store, booth, stand, or market-place in a city or in a town in which an inspector or inspectors of milk are appointed, shall p.., c. 57, § 4. register in the books of such inspector or inspectors, and shall pay to him or them fifty cents to the use of such city or town; 1880 and whoever neglects so to register shall be punished for each offence by fine not exceeding twenty dollars. Penalty for selling, etc., adulterated milk. P. S., c. 57, § 5. 1886, 318, § 2. 1880 A complaint by H. F., inspector of milk in the city of Boston, alleging that the defendant, being a dealer in milk, and being recorded as a Idealer in milk in the books of said H. F., sold adulterated milk in violation of the provisions of Pub. Stats., chap. 57, sect. 4 (Gen. Stats., chap. 49, sect. 151), does not sufficiently allege that he was recorded in the books of the inspector as a dealer in milk. Commonwealth v. O'Donnell, 1 Allen, 593. A complaint for selling adulterated milk in violation of the provisions of Pub. Stats., chap. 57, sect. 4 (Gen. Stats., chap. 49, sect. 151), which, after alleging the official character of the inspector, and that he kept an office and books as required by the statute, charges that the defendant, being a dealer in milk, and being recorded as a dealer in milk in the books of said inspector," did sell, etc., does not sufficiently show that he was recorded in any such books as the statute requires the inspector to keep. 66 Commonwealth v. McCarron, 2 Allen, 157. 7. Whoever, by himself or by his servant or agent, or as the servant or agent of any other person, sells, exchanges or delivers, or has in his custody or possession with intent to sell or exchange, or exposes or offers for sale or exchange, adulterated milk, or milk to which water or any foreign substance has been added, or milk produced from cows fed on the refuse of distilleries, or from sick or diseased cows, or milk not of good standard quality, shall, for a first offence, be punished by fine of not less than fifty nor more than two hundred dollars; for a second offence, by fine of not less than one hundred nor more than three hundred dollars, or by imprisonment in the house of correction for not less than thirty nor more than sixty days, and, for a subsequent offence, by fine of fifty dollars and by imprisonment in the house of correction for not less than sixty nor more than ninety days. 1. A person may be convicted of selling adulterated milk, under Pub. Stats., chap. 57, sect. 5 (Gen. Stats., chap. 49, sect. 151), although he did not know it to be adulterated; and an averment in the indictment that he had such knowledge may be rejected as surplusage. 2. It is not necessary, in such indictment, to aver that the milk was cow's milk. 3. An indictment under alleging a sale of adulterated milk to a woman is not defeated by proof that she was married and was acting as agent for her husband, if the seller had no notice, express or implied, of these facts. 4. An indictment under Pub. Stats., chap. 57, sect. 5 (Gen. Stats., chap. 49, sect. 151), which charges that the defendant sold a certain |