Appointment of inspectors of provisions. Public Statutes, c. 58, § 1. Duties and powers of inspectors. Public Statutes, c. 58, § 2. OF THE INSPECTION AND SALE OF PROVISIONS, AND ANI- 26. The mayor and aldermen of cities and the selectmen of towns may annually appoint one or more persons to be inspectors of provisions and of animals intended for slaughter. Such inspectors shall be sworn faithfully to discharge the duties of their office, and shall receive such compensation as the city council or the selectmen shall determine. 27. Said inspectors may inspect all animals intended for slaughter, and all. meats, fish, vegetables, produce, fruits, and 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 seizthe 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 property disposed of as aforesaid shall, after ure, deducting all expenses incurred by reason of such seizure, be paid to the owner of such property. powers relative Public Statutes, 28. Said inspectors may inspect all veal found in said Duties and cities or towns or offered or exposed for sale or kept with to veal. intent to sell therein, and if said veal is, in the judgment c. 58, § 3. 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. the Killing for sale, old, less than four 29. Whoever kills or causes to be killed, for purpose of sale, any calf less than four weeks or knowingly sells, or 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. 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. 30. When complaint is made on oath to any police, district or municipal court, or to a magistrate au or selling calf weeks old. Public Statutes, c. 208, § 2. Search warrants for unwhole some food, etc. Public Statutes, c. 58, § 4. Penalty for c. 58, § 5. thorized 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 detroyed 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. 31. Whoever knowingly sells, or offers or exposes for sale, or has in his possession with intent to sell for Public Statutes, food, any diseased animal, or any tainted, diseased, corrupted, decayed, or unwholesome 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. Name and place of business of person convicted to be 32. The place where property condemned under this chapter is found, and the name of every person in whose Public Statutes, possession it is found, and of every person convicted published. c. 58, § 6. This chapter not to be in force of an offence under the preceding section, shall be published in two newspapers published in the county in which the property was found or the conviction took place. 33. The provisions of this chapter shall not be in force unless accepted. in any city or town unless they are adopted by the city Public Statutes, c. 58, § 7. 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 seventysix have been already so adopted. or Penalty for selling tainted fish for food. Public Statutes, c. 56, § 45. OF THE SALE OF TAINTED OR DAMAGED FISH. 34. Whoever sells within this Commonwealth exports therefrom tainted or damaged fish, unless with the intent that the same shall be used for some other purpose than as food, shall forfeit ten dollars for every hundred pounds of such fish, and in the same pro- 1809. portion 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. to be stamped. Public Statutes, c. 60, § 8. 35. No manufacturer of chocolate shall make any Chocolate, how 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 1803. quality of the chocolate in figures, No. 1, No. 2, No. 3, as the case may be, and the letters MASS. 36. Number one shall be made of cocoa of the first Ingredients of. 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 Boxes, how on the end thereof with the word chocolate, the name of Public Statutes, c. 60, § 9. 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. 37. branded. may be seized, etc. If chocolate manufactured in this Commonwealth Boxes, when is offered for sale or found within the same, not being public Statutes, of one of the qualities described in the two preceding c. 60, § 10. sections and marked as therein directed, the same may be seized and libelled. Sale of adulter ated vinegar. Penalty. Public Statutes, c. 60, § 69. 1883, 257, § 1. Sale of vinegar containing in ous to health. Penalty. OF THE ADULTERATION OF VINEGAR. 38. 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. 39. Every person who manufactures for sale, or offers gredients injuri- or exposes for sale, any vinegar found upon proper tests to contain any preparation of lead, copper, sulphuric acid or other ingredients injurious to health, shall for each such offence be punished by fine of not less than one hundred dollars. Public Statutes, c. 60, § 70. Appointment of inspectors. c. 60, § 71. 40. The mayor and aldermen of cities shall, and the Public Statutes, selectmen of towns may, annually appoint one or more persons to be inspectors of vinegar for their respective places, who shall be sworn before entering upon their duties. Compensation of inspectors. 1883, 257, § 2. Sale of adulterated vinegar. 1884, 307, § 1. egar prescribed. 41. Any city or town in which an inspector shall be appointed under the preceding section, may provide compensation 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. 42. 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. Standard of vin- 43. All vinegars shall be without artificial coloring 1885, 150, § 1. matter, and shall have an acidity equivalent to the presence |