dred dollars ($100) or by imprisonment for not less than one month or more than six months, or by both such fine and imprisonment. (Sec. 5447e, R. & B.) BRANDS-CANCELLATION WHERE BUTTER INFERIOR. SEC. 85. The Commissioner is hereby authorized and directed to cancel all state brands issued to creameries where the butter manufactured does not score ninety points. (Sec. 54471, R. & B.) SEC. 86. BUTTER SCORES. The Commissioner or instructor shall have the power to score the butter and the score made by them shall be final. (Sec. 5448, R. & B.) INSTRUCTIONS IN CARE OF MILK, ETC. SEC. 87. It shall be the duty of the Commissioner or instructor to give instructions in the care of milk and cream, and in the manufacture of butter and cheese. (Sec. 5448a, R. & B.) INSPECTION OF DAIRY BARNS, CHEESE FACTORIES, MILK, ETC. SEC. 88. It shall be the duty of the Commissioner or instructor to inspect dairy barns, butter and cheese factories and condensories, and he shall have the power to condemn the same where the sanitary conditions are not conducive to a high quality of milk and cream, and to the manufacture of a high grade of butter. He may conduct the test of any creamery where he has reason to believe that the cream or milk is not tested accurately and shall condemn milk or cream arriving on the market at a temperature above 70 degrees Fahrenheit or that which is too old or in such condition as to be detrimental to the production of high grade goods. (Sec. 5448b, R. & B.) INSPECTION OF APPARATUS. SEC. 89. All apparatus used for the purpose of testing milk or cream furnished to any creamery shall be inspected and tested by the Dairy and Food Commissioner, or his deputies, and any found to be faulty or defective, to be replaced through the Dairy Commissioner at cost to the user. (Sec. 5448c, R. & B.) MISREADING BABCOCK TEST. SEC. 90. It shall be unlawful for the owner, manufacturer, agent or any employee of a butter or cheese factory or condensory to under or over-read the Babcock test, or to manipulate for the purpose of deception any other contrivance used for determining the quality or value of milk or cream. (Sec. 5448d, R. & B.) DUTY OF COMMISSIONER-ENFORCEMENT OF LAW. SEC. 91. It shall be the duty of the Dairy and Food Commissioner to devote his entire time and attention to the dairy interests of the State of Washington, to enforce all laws that now exist or that may be hereafter enacted in this state regarding the production, manufacture or sale of dairy produce, and personally to inspect any articles of milk, butter, cheese, or imitations thereof, made or offered for sale within the state, which he may suspect or have reason to believe to be impure, unhealthful, adulterated or counterfeit; and to prosecute or cause to be prosecuted any person or persons, firm or firms, corporation or corporations engaged in the manufacture or sale of any adulterated or counterfeit dairy products contrary to law. (Sec. 5448e, R. & B.) POWERS OF COMMISSIONER AND DEPUTIES-SEIZURE SAMPLES. SEC. 92. The Dairy and Food Commissioner or his deputies shall have power, in the performance of their official duties, to enter any creamery, cheese, or condensed milk factory, store, salesroom, warehouse, or any place or building where he has reason to believe that any dairy products or imitations of dairy products are kept, made, prepared, sold, or offered for sale or exchange; and to open any cask, tub, package or receptacle of any kind, containing or supposed to contain any such article, and to examine, or cause to be examined and analyzed, the contents thereof; he may seize or take any such article for analysis: Provided, That if the person from whom such sample is taken shall request him to do so, he shall at the same time and in the presence of the person from whom such property was taken, seal up two samples of the article seized or taken, one of which shall be for examination or analysis under the direction of said Commissioner and the other of which shall be delivered to the person from whom the article is taken. (Sec. 5448h, R. & B.) PENALTY FOR VIOLATIONS. SEC. 93. Any person who shall violate any of the provisions of this chapter or who shall obstruct the Commissioner or instructor in the performance of their duties under this chapter, by refusing him entrance to any place enumerated in the preceding sections, or by refusing to deliver to him any dairy products or imitations thereof upon demand, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars or by imprisonment for not less than one month or more than six months, or by both such fine and imprisonment. (Sec. 5448i, R. & B.) CERTAIN PERSONS MUST ASSIST COMMISSIONER. SEC. 94. All clerks, bookkeepers, express agents, railroad officials, employees, or employees of common carriers shall render to the Dairy and Food Commissioner and his deputies all the assistance in their power in tracing, finding, or discovering the presence of any article named in this chapter. Any refusal or neglect on the part of such clerks, bookkeepers, ex press agents, railroad officials, employees, or employees of common carriers to render such friendly aid, shall be a misdemeanor, punishable by fine of not less than twenty-five ($25) nor more than one hundred dollars ($100), or by imprisonment for not less than one month or more than six months, or by both such fine and imprisonment for each and every offense. (Sec. 5448j, R. & B.) JURISDICTION. SEC. 95. Any superior court, municipal court or justice of the peace in this state shall have jurisdiction over all prosecutions arising under this chapter. (Sec. 54481, R. & B.) Reference originally made in the statutes to others as executive or enforcing officers now apply solely to the Commissioner of Agriculture or his authorized representative. SEC. 96. SEC. 97. SEC. 98. SEC. 99. SEC. 100. SEC. 101. SEC. 102. SEC. 103. CHAPTER VI. POWERS AND DUTIES OF COMMISSIONER―(B) VICE THE COMBINATION OF POISONOUS SUBSTANCES WITH PENALTY. SALE OF ADULTERATED MILK, A FELONY. ACT SUPPLEMENTARY TO EXISTING LAWS-ENFORCE MENT. SALE OF ADULTERATED ARTICLES PROHIBITED. ADULTERATED, WHAT DEEMED. MISBRANDED ARTICLES-WHAT ARE. SEC. 106. SEC. 107. SAMPLES TO BE FURNISHED FOR ANALYSIS. SEC. 108. SEC. 109. SEC. 110. SEC. 111. SEC. 112. TAKING SAMPLES-POSSESSION, PRIMA FACIE EVI- PENALTIES-PAYMENT AND DISPOSAL of. MONTHLY REPORT OF COMMISSIONER. ADULTERATION OF GROUND FOOD FOR LIVESTOCK MARKING-PENALTY. ENFORCEMENT-DUTY OF OFFICERS. CHAPTER VI. COMBINATION OF POISONOUS SUBSTANCES WITH BREAD. SEC. 96. It shall be unlawful for any person to sell, offer for sale, use, distribute, or leave in any place, any crackers, biscuit, bread or any other preparation resembling or in similitude, of any edible product, containing arsenic, strychnine or any other poison. (Sec. 5449, R. & B.) PENALTY. SEC. 97. Any person violating the provisions of the preceding section shall upon conviction be punished by a fine of not less than ten dollars ($10) nor more than five hundred dollars ($500). (Sec. 5450, R. & B.) SALE OF ADULTERATED MILK, A FELONY. SEC. 98. Any person who shall sell, offer to sell, or have in his possession for the purpose of sale, either as owner, pro prietor, or assistant, or in any manner whatsoever, whether for hire or otherwise, any milk or any food products, containing the chemical ingredient commonly known as formaldehyde, or in which any formaldehyde or other poisonous substance has been mixed for the purpose of preservation or otherwise, shall be guilty of a felony, and upon conviction thereof shall be imprisoned in the penitentiary for the period of not less than one (1) year nor more than three (3) years. (Sec. 5451, R. & B.) ACT SUPPLEMENTARY TO EXISTING LAWS ENFORCEMENT. SEC. 99. This and the preceding section shall be supplementary to the laws of this state now in force prohibiting the adulteration of food and fraud in the sale thereof; and the State Dairy and Food Commissioner, the chemist of the State Agricultural Experiment Station, the State Attorney General and the prosecuting attorneys of the several counties of this state are hereby required, without additional compensation, to assist in the execution of this act, and in the prosecution of all persons charged with the violation thereof, in like manner and with like powers as they are now authorized and required by law to enforce the laws of this state against the adulteration of food and fraud in the sale thereof. (Sec. 5452, R. & B.) SALE OF ADULTERATED ARTICLES PROHIBITED. SEC. 100. No person, firm or corporation shall, within this state, sell, offer for sale, have in his possession with intent to sell, or manufacture for sale, any article of food or drug which is adulterated or misbranded within the meaning of this act. (Sec. 5453, R. & B.) "DRUG" AND "FOOD" DEFINED. SEC. 101. The term "drug," as used in this act, shall include all medicines and preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances intended to be used for the cure, mitigation, or prevention of disease of either man or other animals. The term "food," as used herein, shall include all articles used for food, drink, confectionery or condiment by man or other animals, whether simple, mixed or compound. (Sec. 5454, R. & B.) ADULTERATED-WHAT DEEMED. SEC. 102. For the purposes of this act an article shall be deemed to be adulterated. In the case of drugs: First, If when a drug is sold under or by a name recognized in the United States Pharmacopoeia or National Formulary, it differs from the standard of strength, quality or purity, as determined by the test laid down in the United States Pharmacopoeia or National Formulary official at the time of investigation: Provided, That no drug defined in the United States Pharmacopoeia or National Formulary shall be deemed to be |