combination with other words, nor unless every vessel, wrapper or label, in or under which such article is sold or delivered, or prepared, put up or exposed for sale, bears on the top or outer side thereof, in letters not less than one-half inch in length and plainly exposed to view, the words: - Compound Lard. Any person who violates any provision hereof shall be punished by fine not exceeding fifty dollars for the first or one hundred dollars for any subsequent offence. OF THE INSPECTION AND SALE OF PROVISIONS, AND ANIMALS Appointment of provisions. 28. The mayor and aldermen of cities and the selectmen of Penalty. §2. towns may annually appoint one or more persons to be inspec- inspectors of tors of provisions and of animals intended for slaughter. P. S., c. 58, § 1. Such inspectors shall be sworn faithfully to discharge the duties 1876 of their office, and shall receive such compensation as the city council or the selectmen shall determine. powers of 29. Said inspectors may inspect all animals intended for Duties and slaughter, and all meats, fish, vegetables, produce, fruits, and inspectors. P.S., c. 58, § 2. provisions of all kinds, found in said cities or towns, or exposed for sale or kept with intent to sell therein; and may for this purpose enter into all buildings or enclosures where said animals, meats, fish, vegetables, produce, fruits or provisions are kept, stored, or exposed for slaughter or sale. When such animals, meat, fish, vegetables, produce, fruit or provisions are found on such inspection to be tainted, diseased, corrupted, decayed, or unwholesome from any cause, said inspectors shall seize the same, and cause them or it to be destroyed or disposed of otherwise than for food; but if, at the time of the seizure, the owner of the property seized notifies in writing the inspector seizing the same of his desire to appeal to the board of health, said inspector shall cause said animals, meat, fish, vegetables, produce, fruit or provisions to be inspected by said board of health, or by a committee thereof consisting of not less than two members; and if said board or committee find the same to be tainted, diseased, corrupted or unwholesome, they shall order the same to be destroyed or disposed of otherwise than for food. If said board or committee do not so find, they shall order said animals, meat, fish, vegetables, produce, fruit or provisions to be forthwith returned to the owner thereof. All moneys received by said inspectors or board of health for Duties and powers relative to veal. R. S., c. 58, § 3. Killing for sale, or selling calf less than four weeks old. 1866 property disposed of as aforesaid shall, after deducting all expenses incurred by reason of such seizure, be paid to the owner of such property. 30. Said inspectors may inspect all veal found in said cities or towns or offered or exposed for sale or kept with intent to sell therein, and if said veal is, in the judgment of the inspector, that of a calf killed under four weeks old, he shall seize the same and cause it to be destroyed or disposed of as provided in the preceding section, subject, however, to the provisions therein contained concerning appeal and the disposal of moneys. 31. Whoever kills or causes to be killed, for the purpose of sale, any calf less than four weeks old, or knowingly sells, or P. S., c. 208, § 2. has in his possession with intent to sell, the meat of any calf killed when less than four weeks old, shall be punished by imprisonment in the jail or house of correction not exceeding six months, or by fine not exceeding two hundred dollars, or by both such imprisonment and fine; and all such meat exposed for sale, or kept with intent to make sale thereof, may be seized and destroyed by any board of health or health officer, or by any sheriff, deputy-sheriff, constable or police officer. Search warrants for unwhole some food, etc. P. S., c. 58, § 4. Where a party is charged with an offence of "killing, or causing to be killed, for the purpose of sale, any calf less than four weeks old," it is not necessary to allege in the indictment or prove that he knew the calf to be less than four weeks old. The defendant is bound to know the facts and obey the law at his peril. Under the next clause of this section, the offence is not the killing of the calf, but "knowingly" selling, or having in possession with intent to sell, the meat of a calf killed when less than four weeks old; and this language makes the defendant's knowledge essential to be alleged and proved. The legislature saw fit to make the man who kills, or causes to be killed, a calf for the purpose of sale, at all events punishable if the animal was less than four weeks old; but to punish the man who sells veal only in case he knows it to have been killed when under four weeks old. Commonwealth v. Raymond, 97 Mass. 567. 32. When complaint is made on oath to any police, district or municipal court, or to a magistrate authorized to issue warrants in criminal cases, that the complainant believes that any diseased animals, or any tainted, diseased, corrupted, decayed, or unwholesome meat, fish, vegetables, produce, fruit, or provisions of any kind, or any veal of a calf killed under four weeks old, are kept or concealed in a particular house or place with the intent to kill, sell, or offer the same for sale for food, the court or magistrate, if satisfied there is reasonable cause for such belief, shall issue a warrant to search for such animals or articles, and all such warrants shall be directed and executed as provided in section three of chapter two hundred and twelve [of the Public Statutes]. If, upon hearing, said court or magistrate determines that said animals or articles or any of them were kept or concealed for the purposes aforesaid, the same shall be destroyed or disposed of by the inspector, or by any officer designated by the court or magistrate according to the provisions of section two of this chapter; if the court or magistrate does not so determine, said animals or articles shall be returned to the owner. wholesome 33. Whoever knowingly sells, or offers or exposes for sale, Penalty for or has in his possession with intent to sell for food, any diseased ing, etc., unknowingly sellanimal, or any tainted, diseased, corrupted, decayed, or un- food. wholesome meat, fish, vegetables, produce, fruit, or provisions of any kind whatever, shall be punished by imprisonment in jail for not more than sixty days, or by fine of not more than one hundred dollars. of business of person convicted to be 34. The place where property condemned under this chapter Name and place is found, and the name of every person in whose possession it is found, and of every person convicted of an offence under the published. preceding section, shall be published in two newspapers published in the county in which the property was found or the conviction took place. 35. The provisions of this chapter shall not be in force in any city or town unless they are adopted by the city council of such city or by the inhabitants of such town, or unless the provisions of chapter one hundred and eighty of the statutes of the year eighteen hundred and seventy-six have been already so adopted. POULTRY. P.S., c. 58, § 6. This chapter not to be in force unless accepted. P. S., c. 58, § 7. properly dressed before 36. No poultry, except it be alive, shall be sold or exposed Poultry to be for sale until it has been properly dressed, by the removal of the crop and entrails when containing food. sale. 37. Whoever knowingly sells or exposes for sale poultry Penalty. contrary to the provisions of section one of this act shall be to enforce. § 2. Boards of health 1887, 94. punished by a fine of not less than five nor more than fifty dollars for each offence. The boards of health in the several cities and towns shall cause the provisions of this act to be enforced in their respective cities and towns. Penalty for selling tainted fish for food. P. S., c. 56, § 45. 1809 Chocolate, how to be stamped. P. S., c. 60, § 8. 1803 Ingredients of. Boxes, how branded. P.S., c. 60, § 9. Boxes, when may be seized, etc. P.S., c. 60, § 10. Sale of adulter ated vinegar. Penalty. P. S., c. 60, § 69. 1883, 257, § 1. 1880 OF THE SALE OF TAINTED OR DAMAGED FISH. 38. Whoever sells within this Commonwealth or exports therefrom tainted or damaged fish, unless with the intent that the same shall be used för some other purpose than as food, shall forfeit ten dollars for every hundred pounds of such fish, and in the same proportion for any other quantity; and upon a trial in such case the burden of proof shall be upon the defendant to show for what purpose such fish was so exported or sold. OF THE SALE OF CHOCOLATE. 39. No manufacturer of chocolate shall make any cake of chocolate except in pans in which are stamped the first letter of his christian name, the whole of his surname, the name of the town where he resides, and the quality of the chocolate in figures, No. 1, No. 2, No. 3, as the case may be, and the letters MASS. 40. Number one shall be made of cocoa of the first quality, and number two of cocoa of the second quality, and both shall be free from adulteration; number three may be made of the inferior kinds and qualities of cocoa. Each box containing chocolate shall be branded on the end thereof with the word chocolate, the name of the manufacturer, the name of the town where it was manufactured, and the quality, as described and directed in the preceding section for the pans. 41. If chocolate manufactured in this Commonwealth is offered for sale or found within the same, not being of one of the qualities described in the two preceding sections and marked as therein directed, the same may be seized and libelled. OF THE ADULTERATION OF VINEGAR. 42. Every person who manufactures for sale or offers or exposes for sale as cider vinegar, any vinegar not the legitimate product of pure apple juice, known as apple cider or vinegar, not made exclusively of said apple cider or vinegar, into which any foreign substances, ingredients, drugs or acids have been introduced, as may appear by proper tests, shall for each such offence be punished by fine of not less than fifty nor more than one hundred dollars. containing in ous to health. 43. Every person who manufactures for sale, or offers or Sale of vinegar exposes for sale, any vinegar found upon proper tests to con- gredients injuritain any preparation of lead, copper, sulphuric acid or other Penalty. ingredients injurious to health, shall for each such offence be punished by fine of not less than one hundred dollars. P. S., c. 60, § 70. inspectors. 44. The mayor and aldermen of cities shall, and the select- Appointment of men of towns may, annually appoint one or more persons to be P.§., c. 60, § 71. inspectors of vinegar for their respective places, who shall be sworn before entering upon their duties. of inspectors. 45. Any city or town in which an inspector shall be ap- Compensation pointed under the preceding section, may provide compensation 1883, 257, § 2. for such inspector from the time of such appointment, and in default of such provision shall be liable in an action at law for reasonable compensation for services performed under such appointment. 46. No person shall by himself, his servant or agent, or as the servant or agent of any other person, sell, exchange, deliver or have in his custody or possession with intent to sell or exchange, or expose or offer for sale or exchange, any adulterated vinegar, or label, brand or sell as cider vinegar, or as apple vinegar, any vinegar not the legitimate product of pure apple juice, or not made exclusively from apple cider. 47. All vinegars shall be without artificial coloring matter, and shall have an acidity equivalent to the presence of not less than four and one-half per cent. by weight of absolute acetic acid, and in the case of cider vinegar shall contain in addition not less than two per cent. by weight of cider vinegar solids upon full evaporation over boiling water, and if any vinegar contains any artificial coloring matter or less than the above amount of acidity, or in the case of cider vinegar, if it contains less than the above amount of acidity or of cider vinegar solids, it shall be deemed to be adulterated within the meaning of this act. 48. It shall be the duty of the inspectors of milk who may be appointed by any city or town to enforce the provisions of this act. Sale of adulter ated vinegar. 1884, 307, § 1. Standard of vinegar prescribed. 1885, 150, § 1. Milk inspectors 1884, 307, § 3. to enforce act. 49. Whoever violates any of the provisions of this act shall Penalty for be punished by fine not exceeding one hundred dollars. violation. 1884, 307, § 4. |