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.

to enforce act.

44. It shall be the duty of the inspectors of milk who Milk inspectors may be appointed by any city or town to enforce the pro- 1884, 307, § 3. visions of this act.

violation.

45. Whoever violates any of the provisions of this Penalty for act shall be punished by fine not exceeding one hundred 1884, 307, § 4. dollars.

RULES AND REGULATIONS

OF THE

STATE BOARD OF HEALTH RELATIVE TO THE INSPECTION AND ANALYSIS OF FOOD AND DRUGS.

1. The State Board of Health shall appoint analysts and inspectors, as provided in section 5 of chapter 263, Acts of 1882.

2. It shall be the duty of the inspectors to procure samples of drugs and articles of food at such times and places as the Secretary shall direct, in the manner provided in section 6 of chapter 263 of the Acts of 1882, and in section 3 of chapter 289 of the Acts of 1884, and in all acts amendatory of said provisions.

3. Under the direction of the secretary, one of the inspectors shall, for the identification of samples, affix a number to each sample of food or drugs obtained by him, beginning with number one, and taking every alternate or odd number thereafter, without limit; and the other inspector shall use and affix each alternate or even number, beginning with number two, and following such form of numbering, without limit, also, as far as may be directed. Under no circumstances shall an inspector convey any information to an analyst as to the source from which any sample was obtained.

4. The inspectors shall keep records of each sample, each record to include the following items:

(a) The inspector's number.

(b) The date of purchase or receipt of sample.

(c) The character of the sample.

(d) The name of the vender.

(e) The name of the city or town and street and number where the sample is obtained, and in the case of a licensed milk peddler, the number of his license.

(f) As far as possible, the names of manufacturers producers or wholesalers, with marks, brands or labels stamped or printed upon goods.

5. It shall be the duty of the analysts so appointed to determine, under the direction of the secretary, by proper examination and analysis, whether articles of food and drugs, manufactured for sale, offered for sale, or sold within this Commonwealth, are adulterated within the meaning of chapter 263 of the Acts and Resolves passed by the General Court of Massachusetts in 1882, and all acts amendatory thereof, adulteration being defined as follows, viz. :—

In the case of drugs, (1) If sold under or by a name recognized in the United States Pharmacopoeia, it differs from the standard of strength, quality or purity laid down therein, unless the order calls for an article inferior to such standard, or unless such difference is made known or so appears to the purchaser at the time of such sale. (2) If when sold under or by a name not recognized in the United States Pharmacopoeia, but which is found in some other pharmacopoeia or standard work on Materia Medica, it differs materially from the standard of strength, quality or purity laid down in such work. (3) If its strength or purity falls below the professed standard under which it is sold.

In case of food, (1) If any substance or substances have been mixed with it, so as to reduce or lower or

injuriously affect its quality or strength. (2) If any inferior or cheaper substance or substances have been substituted wholly or in part for it. (3) If any valuable constituent 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 or rotten animal or vegetable substance, whether manufactured or not, or in the case of milk, if it is the produce of a diseased animal. (6) If it is colored, coated, polished or powdered, whereby damage is concealed, or if it is made to appear of better or of greater value than it really is. (7) If it contains any added poisonous ingredient, or any ingredient which may render it injurious to the health of the person consuming it.

6. It shall also be the duty of the analysts to receive such specimens of food and drugs for analysis as may be delivered to them by the secretary, or by the inspectors, and to examine the same. To avoid, as far as possible, all suggestion or danger of specimens having been tampered with, each analyst shall keep each specimen in his possession in a suitable and secure place, labelled in such a manner as to prevent any person from having access to the same without the knowledge and presence of the analyst.

Analyses of perishable articles should be made promptly after they are received.

7. An analyst shall give no information, under any circumstances, regarding the result of any analysis, to any person except to the secretary of the board, prior to any trial in court in reference to such analysis.

The analysts shall carefully avoid any error regarding the inspector's number attached to each sample, and shall report the results of their work in detail to the secretary.

In the case of all articles having a numerical standard. provided by statute, the result of the analysis should show their relation to such standard.

8. Before beginning the analysis of any sample, the analyst shall reserve a portion, which shall be sealed, and in the event of finding the portion analyzed to be adulterated, he shall preserve the sealed portion, so that in case of a complaint against any person the last named portion may, on application, be delivered by the secretary to the defendant or to his attorney.

9. Each analyst shall present to the secretary, on the Thursday before the first Saturday of each month, a summary of the analyses made by him during the previous month.

Each analyst shall also present, on or before the first of January of each year, an annual report of the work done for the year ending on the 30th of September preceding.

10. The secretary shall have charge of the reports of analyses, and shall cause cases founded on such reports to be submitted to the courts for prosecution.

In each case of a retailer, and of every dealer not a manufacturer or producer, he may, if the party has not been previously complained of in court, issue a notice or warning of any violation of the law relative to the adulteration of food and drugs, and of the offender's liability to prosecution on a repetition of the sale.

11. Should the result obtained by any analyst be questioned in any given case, another analyst shall repeat the analysis, unless otherwise instructed by the Board, provided a sufficient sum to meet the expense of the analysis be deposited with the Secretary by any interested party feeling aggrieved, which sum will not be returned unless the second analysis fails to confirm the first in essential particulars.

12. Any appeal from the decision of an analyst shall be filed with the secretary, who shall report it, and any matter in controversy, to the board, giving his judgment thereon, and the Board shall supervise and control the action of its officers in executing the law.

13. Where standards of strength, quality or purity are