DAIRY AND FOOD COMMISSION.

vide for the appointment of a Dairy and Food Commissioner and to define his powers and duties and fix his compensation. We think the title is within our previous decisions sufficient. It is obvious to one reading this title that there must have been imposed upon the commissioner certain powers and duties to make his Department of any value to the State, and furthermore that these powers and duties must have relation to something. It is equally obvious that the relation of these powers and duties must be to the subject which is brought within the Department that is created, viz., the Dairy and Food Department.

The title is very similar to that which established the Insurance Bureau. In Connecticut Mutual Life Ins. Co. v. State Treasurer, 31 Mich. 6, it was held that a title which read "An act to establish an Insurance Bureau" was sufficiently broad to cover any pertinent regulations respecting the bureau's course of action towards those engaged in insurance, and any appropriate provisions for prescribing the duty due from the insurance companies to the State in the matter of taxation, without violating the constitutional provision.

3. The question of more difficulty is the question of fact as to whether the preparations of complainant are concentrated commercial feeding stuffs as defined by the act cited above.

It is true the testimony shows that upon each of the labels which accompanied Pratt's Food for Horses and Cattle was the statement: "Pratt's Food is a regulator, to be used according to directions, and is not sold as a feeding stuff, nor is it to be fed in place of grain or any other feed." But in addition to claiming medicinal properties for the food it was also stated how it should be used to fatten and improve stock. It was stated that "It fattens both cattle and hogs quickly, makes them grow larger and healthier and makes their meat tender, more juicy and better eating." It also stated that for horses it "produces bone, muscle and better staying powers; improves the wind."

When this statute was enacted commercial feeding stuffs were on the market and this fact must have been known to the Legislature.

In employing the broad language "All condimental stock foods, patented and proprietary stock foods, claimed to possess nutritive properties and all other materials intended to cover all preparations for which the claim of nutritive qualities was made. Complainant's preparations come within this language.

Similar representations were made in the labels of other preparations. We are of the opinion that the Circuit Judge was right in holding that all these preparations were within the statute.

The decree is affirmed with costs.

Pierre Viaus Maple Company, Complainant, v. Arthur C. Bird, Dairy and Food Commissioner, and Joseph Schnitzer, Inspector of the Dairy and Food Department, Defendants. Before Grant, C. J., Blair, Montgomery, Ostrander and Hooker, JJ.

Complainant is the manufacturer of a brand of syrup known as the "Pierre Viaus Pure Canadian Maple Syrup and Cane Syrup," the trademark being the letters P. V. The bill alleges that the Canadian Pure Maple Syrup exceeds the amount of Cane Syrup. It sets forth efforts made with the Pure Food Commission to agree upon a label which shall comply with the law, the failure of these negotiations, the representations made to the trade by the defendants that the sale of this syrup is illegal, and the injurious effect upon the complainant's business, and prays that the defendants be restrained from in any manner interfering with its business. To this bill of complaint the defendants demurred upon the ground that the syrups mentioned in said bill of complaint are not labelled as required by the laws, of this State. The demurrer was overruled. and the defendants have appealed. Grant, C. J.

It is urged by the Attorney General that the sale of this mixture is in violation of section 5007 of the Compiled Laws, reading as follows:

"That it shall be unlawful for any person, dealer, firm, manufacturer or corporation to manufacture and sell, or offer for sale, any maple sugar, maple molasses or maple syrup that is in anywise adulterated with common sugar, beet sugar, glucose or any other foreign substance without distinctly marking, stamping or labeling the articles or the package containing the same with the true and appropriate name of such article and the percentage in which common sugar, beet sugar, glucose or any other foreign substance enters into the composition of the same."

It is urged by the complainant that the case falls within Act 193, Public Acts of 1895, known as the Pure Food Law, and entitled, "An act to prohibit and prevent adulteration, fraud and deception in the manufacture and sale of articles of food and drink."

Sec. 1 (C. L. 5010) of the act prohibits the sale or having in possession with intent to sell any article of food which is adulterated within the meaning of the act.

Sec. 2 (C. L. 5011) defines the term "food" to include all articles used for food or drink.

Sec. 3 (C. L. 5012) states what articles shall be deemed to be adulterated. The section closes with the following proviso:

"Provided further, That the provisions of this act shall not apply to mixtures or compounds recognized as ordinary articles or ingredients of articles of food, if each and every package sold or offered for sale bear the name and address of the manufacturer and be distinctly labeled under its own distinctive name, and in a manner so as to plainly and correctly show that it is a mixture or compound, and is not in violation with definitions fourth and seventh of this section."

The court held that this syrup came within the Pure Food Law (Act 193), and not under the act prohibiting the adulteration of maple sugar, etc., and that it came within the proviso above quoted.

DAIRY AND FOOD COMMISSION.

The act in regard to the manufacWe think the court was in error. ture and sale of maple sugar is complete in itself, and covers the entire subject. It was intended to prohibit the manufacture and sale of maple sugar under any name without labeling the product with the true and appropriate name, stating thereon the percentage of any other ingre dient used in its manufacture. The title of the act is "An act to prohibit the adulteration of maple sugar, maple molasses and maple syrup." The word "adulteration" in this statute means the mixture of any foreign substance, wholesome or unwholesome, with maple sugar. The evident purpose of the statute is to compel all persons manufacturing or selling maple sugar to inform the public not only of what the product is composed, but the proportions of each article used in the manufacture.

Decree reversed, and bill dismissed with costs of both courts.

ABSTRACT OF LAWS.

The following is but a brief synopsis of the Dairy and Food Laws. The Digest and Rulings cover but a portion of the food and drink products affected by the statutes. Every article of food and drink comes within the law's regulation, and dealers are advised to examine the laws carefully and inform themselves fully.

IN GENERAL.

No person shall within this State manufacture for sale, have in his possession with intent to sell, offer or expose for sale, or sell, any article of food or drink which is adulterated.

The taking of orders, or the making of agreements or contracts by any person, firm or corporation, or by any agent or representative thereof, for the future delivery of any of the articles, products, goods, wares or merchandise embraced within the provisions of this act is deemed a sale.

Under this statute a dealer is liable for selling an adulterated article, although he may have no knowledge that the same is adulterated. A guarantee of purity received from the manufacturer or jobber does not relieve a person handling adulterated goods from liability.

AN ARTICLE.

shall be deemed to be adulterated:

1. If any substance or substances have been mixed with it, so as to lower or depreciate or injuriously affect its quality, strength or purity; 2. If any inferior or cheaper substance or substances have been substituted wholly or in part for it;

3. If any valuable or necessary constituent or ingredient has been wholly or in part abstracted from it;

4. If it is an imitation of or is sold under the name of another article;

5. If it consists wholly or in part of a diseased, decomposed, putrid, infected, tainted or rotten animal or vegetable substance or article, whether manufactured or not, or, in the case of milk, if it is the product of a diseased animal;

6. If it is colored, coated, polished or powdered, whereby damage or inferiority is concealed, or if by any means it is made to appear better or of greater value than it really is, except in the case of pure butter which may be colored;

7. If it contains any added substance or ingredient which is poisonous or injurious to health.

MIXTURES OR COMPOUNDS

recognized as ordinary articles or ingredients of articles of food may be sold under the following restrictions:

1. All packages containing same must bear the name and address. of the manufacturer or compounder thereof;

2. They must contain nothing injurious to health;

3. They must not be sold in imitation of, or under the name of another article;

4. They must be distinctly labeled under their own distinctive name, and in a manner so as to plainly and correctly show they are a mixture or compound;

5. A mixture or compound cannot be sold under the name of any ingredient contained therein, even though the words mixture or compound be used in connection therewith. It must be sold under an original or coined name.

Exceptions under the law are:

Buckwheat flour, coffee and lard, which may be mixed with other substances under certain restrictions and sold as buckwheat flour compound, coffee compound, and lard compound.

DAIRY LAWS.

UNWHOLESOME MILK AND CREAM.

Whenever it is determined by the Dairy and Food Commissioner, his deputy or inspectors, that any person is using, selling or furnishing to any skimming station, creamery, cheese factory, condensed milk factory, milk depot, farm dairy, milk dealer, the retail trade, or to any consumer of milk, any impure or unwholesome milk or cream, caused by the unsanitary or filthy condition of the premises where cows are kept, or by the unsanitary or filthy care or handling of the cows, the use of unclean utensils, unwholesome food, or from any other cause, the person so offending shall be notified and warned by the Commissioner, his deputy, or inspectors not to use, sell or furnish such milk or cream at any of the places, or to any of the persons above mentioned. A failure to obey such notice and warning and the continued sale of such milk is made a misdemeanor, punishable by fine or imprisonment or both.

SANITARY CONDITION.

Whenever it is determined by the Dairy and Food Commissioner that unsanitary conditions exist in the operation of any skimming station, creamery, cheese factory, condensed milk factory, milk depot, or farm dairy, the proprietor or manager of the same, shall be notified and warned by the Commissioner, his deputy or inspectors, to place such skimming station, creamery, etc., in a sanitary condition. A failure to obey such notice and warning is made a misdemeanor, punishable by fine or imprisonment or both.