registration

SEC. 3. No person, firm, or corporation shall sell, offer for Sale before sale, or have in his or their possession with intent to sell, any unlawful. soda water syrup or extract, soft drink syrup or extract, or non-alcoholic cordials, without first registering the same and the name and address of the manufacturer thereof with the commissioner of agriculture. At the time of making such registration, an inspection fee of five dollars for each and every syrup or extract that is sold or offered for sale shall be paid to the commissioner of agriculture. Said registration shall be renewed annually: Provided, That whenever any Proviso. manufacturer, agent, or seller shall have paid this fee, his or their agent or dealer using the same shall not be required to do so. All moneys collected hereunder by the commissioner of agriculture shall be paid into the state treasury and credited to the beverage inspection fund hereby created. The moneys so derived are hereby appropriated to compensate for and meet the expense of inspection of plants and general supervision of the industry. The provisions of this section Who shall not apply to local sellers of soft drinks or other nonintoxicating beverages or syrups and extracts made by themselves for their own use or retail exclusively. A manufacturer, jobber, or dealer in every syrup, extract, soft drink, distilled, spring or mineral water or other non-alcoholic cordial or beverage required to be registered under this section. shall, upon making application for such license, file with the commissioner of agriculture a sample of said syrup, extract, soft drink, or other non-alcoholic cordial or beverage for analysis, and said registration shall not be granted by the commissioner of agriculture unless he shall determine that said syrup, extract, soft drink, or other beverage is free from all harmful drugs and other ingredients that are injurious to health.

exempted.

of license.

SEC. 4. The use of saccharin in the manufacture of soft Saccharin, unlawful to drinks or other non-alcoholic beverages is hereby prohibited. use. SEC. 5. The commissioner of agriculture shall have the Revocation power to revoke any license issued under the provisions of this act whenever it is determined by himself or any of his deputies, chemists, or other properly qualified official, that any of the provisions of this act have been violated. Any person, firm, or corporation whose license has been so revoked shall discontinue the manufacture or sale within the state, of soft drinks, syrups, cordials, fruit juices, distilled, spring or mineral water, or other non-alcoholic beverages until the provisions of this act have been complied with and a new license issued. He may revoke such license temporarily until there is a compliance with such conditions as he may prescribe, or permanently for the unexpired period of such license.

licensee.

SEC. 6. Before revoking any license, the commissioner of Notice to agriculture shall give written notice to the licensee affected, stating that he contemplates the revocation of the same and giving his reasons therefor. Said notice shall appoint a time of hearing before said commissioner and shall be mailed by

Appeal.

Beverages,

of what to consist.

Proviso.

Further proviso.

Labeling.

Idem.

registered mail to the licensee. On the day of hearing, the licensee may present such evidence to the commissioner as he deems fit, and after hearing all the testimony, the commissioner shall decide the question in such manner as to him appears just and right.

SEC. 7. Any licensee who feels aggrieved at the decision of the commissioner may appeal from said decision within ten days by writ of certiorari to the circuit court of the county where licensee resides.

SEC. 8. For the purpose of this act, all soft drinks or other non-alcoholic beverages, except pure, non-alcoholic fruit juices, shall consist of a beverage made from a pure cane or beet sugar syrup containing pure flavoring materials, with or without added fruit acid, with or without added color, and shall contain in the finished product not less than eight per cent sugar, except dry ginger ale, which must contain not less than seven per cent sugar: Provided, That nothing in this act shall prohibit the use of any other harmless ingredients in the manufacture of soft drinks or other non-alcoholic beverages: And provided further, That whenever artificial coal tar colors are used, nothing but the certified colors as approved by the federal government are permissible. The provisions of this section shall not apply to the non-alcoholic beverages made in imitation of beer, bitter drinks, or other similar drinks. All soft drinks or other non-alcoholic beverages not in compliance with the standards established by this act shall be deemed to be adulterated.

SEC. 9. Whenever artificial colors are used in the manufacture of soft drinks or other non-alcoholic beverages bearing a distinctive or coined name, the label or crown on the container shall indicate the presence of "artificial color". All still drinks, non-alcoholic ciders, non-alcoholic fruitades, nonalcoholic fruit juices, or other similar drinks that are made in imitation of the natural fruit juices, shall be properly and distinctly labeled with the word "imitation" followed by the name of the beverage. All such drinks or other non-alcoholic beverages sold in or drawn from cooler bottles or other closed containers of a quart or more capacity that contain artificial coloring or artificial flavor of any character shall be labeled "imitation", said labels to be prominently displayed to the public on all containers in which said still drinks or other non-alcoholic beverages are sold or dispensed. Labels for this purpose shall be printed in letters not less than one inch long and three-fourths of an inch in width and the word "imitation" shall precede and be in equal-sized type with the name of the imitated fruit juice following. All advertising or display signs shall conform to the aforementioned requirements.

SEC. 10. When soda water, carbonated soft drinks, or other non-alcoholic beverages manufactured from true fruit extracts or natural fruit flavors or natural fruit juices not made in imitation of a fruit juice, contain artificial color or

flavor, the labels or crowns shall indicate the presence of arti ficial color, flavor, or both, with the words "artificial color and flavor", preceded by the name of the drink, as follows: "Cherry soda (in equal sized type), artificial color and flavor”, and all other fruit flavors labeled in like manner.

SEC. 11. All bottles of a quart capacity or less used in the Sterilization manufacture of soft drinks, distilled, spring or mineral of bottles. waters, or other non-alcoholic beverages, before being filled, shall be sterilized by soaking in a hot caustic solution of not less than one hundred twenty degrees Fahrenheit, that shall contain not less than three per cent caustic or alkali expressed in terms of sodium hydrate for a period of not less than five minutes, then thoroughly rinsed in pure water until free from alkali or sodium hydrate. Each and every bottle so sterilized, when filled with a soft drink or other non-alcoholic beverage, must be distinctly labeled with the true name of the soft drink, distilled, spring or mineral water, or other non-alcoholic beverage therein contained, together with the true name of the manufacturer thereof. The use of bottles with other than the manufacturer's or filler's or authorized distributor's name blown therein, without the written consent of the original owner, is hereby prohibited. Nothing in this act shall be construed to include milk or cream bottles.

etc.. of

SEC. 12. All buildings, stores, factories, or other places Ventilation, where soft drinks, fruit juices, cordials, distilled, spring or buildings. mineral waters, or other non-alcoholic beverages are manufactured or bottled, shall be well lighted and ventilated and shall be kept at all times in a sanitary condition. All machines, bottles, jars, or other utensils used in the manufacture of soft drinks, fruit juices, cordials, or other non-alcoholic beverages shall be kept at all times in a clean and sanitary place and in a sanitary condition.

SEC. 13. No bottle shall be used in the manufacture of soft Bottles. drinks or other non-alcoholic beverages in which the metal or rubber part of the stopper comes in contact with the beverage. The provisions of this section shall not apply to carbonated water put up in siphons.

affected.

SEC. 14. This act shall be construed as in no way affect- Acts not ing, modifying, or changing in any manner, any act passed by the legislature relating to the manufacture and sale of intoxicating liquors.

violation.

SEC. 15. Any person, firm, or corporation who shall do Penalty for any of the acts or things prohibited, or neglect or refuse to do any of the acts or things required by this act, or in any way violate any of its provisions, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail for a period of not more than ninety days or by both such fine and imprisonment in the discretion of the court.

SEC. 16. The commissioner of agriculture shall be charged Enforcewith the enforcement of the provisions of this act.

ment.

Appeal.

Beverages,

of what to consist.

Proviso.

Further proviso.

Labeling.

Idem.

registered mail to the licensee. On the day of hearing, the licensee may present such evidence to the commissioner as he deems fit, and after hearing all the testimony, the commissioner shall decide the question in such manner as to him appears just and right.

SEC. 7. Any licensee who feels aggrieved at the decision of the commissioner may appeal from said decision within ten days by writ of certiorari to the circuit court of the county where licensee resides.

SEC. 8. For the purpose of this act, all soft drinks or other non-alcoholic beverages, except pure, non-alcoholic fruit juices, shall consist of a beverage made from a pure cane or beet sugar syrup containing pure flavoring materials, with or without added fruit acid, with or without added color, and shall contain in the finished product not less than eight per cent sugar, except dry ginger ale, which must contain not less than seven per cent sugar: Provided, That nothing in this act shall prohibit the use of any other harmless ingredients in the manufacture of soft drinks or other non-alcoholic beverages: And provided further, That whenever artificial coal tar colors are used, nothing but the certified colors as approved by the federal government are permissible. The provisions of this section shall not apply to the non-alcoholic beverages made in imitation of beer, bitter drinks, or other similar drinks. All soft drinks or other non-alcoholic beverages not in compliance with the standards established by this act shall be deemed to be adulterated.

SEC. 9. Whenever artificial colors are used in the manufacture of soft drinks or other non-alcoholic beverages bearing a distinctive or coined name, the label or crown on the container shall indicate the presence of "artificial color". All still drinks, non-alcoholic ciders, non-alcoholic fruitades, nonalcoholic fruit juices, or other similar drinks that are made in imitation of the natural fruit juices, shall be properly and distinctly labeled with the word "imitation" followed by the name of the beverage. All such drinks or other non-alcoholic beverages sold in or drawn from cooler bottles or other closed containers of a quart or more capacity that contain artificial coloring or artificial flavor of any character shall be labeled "imitation", said labels to be prominently displayed to the public on all containers in which said still drinks or other non-alcoholic beverages are sold or dispensed. Labels for this purpose shall be printed in letters not less than one inch long and three-fourths of an inch in width and the word "imitation" shall precede and be in equal-sized type with the name of the imitated fruit juice following. All advertising or display signs shall conform to the aforementioned requirements.

SEC. 10. When soda water, carbonated soft drinks, or other non-alcoholic beverages manufactured from true fruit extracts or natural fruit flavors or natural fruit juices not made in imitation of a fruit juice, contain artificial color or

flavor, the labels or crowns shall indicate the presence of artificial color, flavor, or both, with the words "artificial color and flavor", preceded by the name of the drink, as follows: "Cherry soda (in equal sized type), artificial color and flavor”, and all other fruit flavors labeled in like manner.

of bottles.

SEC. 11. All bottles of a quart capacity or less used in the Sterilization manufacture of soft drinks, distilled, spring or mineral waters, or other non-alcoholic beverages, before being filled, shall be sterilized by soaking in a hot caustic solution of not less than one hundred twenty degrees Fahrenheit, that shall contain not less than three per cent caustic or alkali expressed in terms of sodium hydrate for a period of not less than five minutes, then thoroughly rinsed in pure water until free from alkali or sodium hydrate. Each and every bottle so sterilized, when filled with a soft drink or other non-alcoholic beverage, must be distinctly labeled with the true name of the soft drink, distilled, spring or mineral water, or other non-alcoholic beverage therein contained, together with the true name of the manufacturer thereof. The use of bottles with other than the manufacturer's or filler's or authorized distributor's name blown therein, without the written consent of the original owner, is hereby prohibited. Nothing in this act shall be construed to include milk or cream bottles.

etc.. of

SEC. 12. All buildings, stores, factories, or other places Ventilation, where soft drinks, fruit juices, cordials, distilled, spring or buildings. mineral waters, or other non-alcoholic beverages are manufactured or bottled, shall be well lighted and ventilated and shall be kept at all times in a sanitary condition. All machines, bottles, jars, or other utensils used in the manufacture of soft drinks, fruit juices, cordials, or other non-alcoholic beverages shall be kept at all times in a clean and sanitary place and in a sanitary condition.

SEC. 13. No bottle shall be used in the manufacture of soft Bottles. drinks or other non-alcoholic beverages in which the metal or rubber part of the stopper comes in contact with the beverage. The provisions of this section shall not apply to carbonated water put up in siphons.

affected.

SEC. 14. This act shall be construed as in no way affect- Acts not ing, modifying, or changing in any manner, any act passed by the legislature relating to the manufacture and sale of intoxicating liquors.

violation.

SEC. 15. Any person, firm, or corporation who shall do Penalty for any of the acts or things prohibited, or neglect or refuse to do any of the acts or things required by this act, or in any way violate any of its provisions, shall be deemed guilty of a misdemeanor and shall be punished by a fine of not more than one hundred dollars, or by imprisonment in the county jail for a period of not more than ninety days or by both such fine and imprisonment in the discretion of the court.

SEC. 16. The commissioner of agriculture shall be charged Enforcewith the enforcement of the provisions of this act.

ment.