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OF THE
STATE o/UTAH
1911
D
D
WILLARD HANSEN
State Dairy & Food
Commissioner
n
n
.
The Dairy & Food
La wso/ the State
6>/Utah.
SALT LAKE CITY, UTAH.
1911
Members of State Dairy
& Food Bureau
1911-1912
J. S. CARVER, Ogden, Utah, Chairman
A. H. CRABBE, Salt Lake City, Utah.
JAMES CLAWSON, Spring City, Utah.
HERMAN HARMS, State Chemist,
Salt Lake City, Utah.
WILLARD HANSEN, Commissioner, Sec'y and Treas.
Salt Lake City, Utah.
Office:
501 Dooly Block
Salt Lake City, Utah.
THE
DAIRY AND FOOD LAWS
of the State of Utah
CHAPTER 82.
LAWS OF 1909.
STATE DAIRY AND FOOD BUREAU.
An Act Creating a State Dairy and Food Bureau,
Defining its Duties and Powers, and Making an
Appropriation for the Purpose of Carrying Out
the Provisions of This Act.
Be It Enacted by the Legislature of the State of Utah:
Section 1. State Dairy and Food Bureau Created.
Membership. Terms. Expenses. Report. There is
hereby created a State Dairy and Food Bureau which
shall consist of five resident citizens of the State.
The State Chemist, and the State Dairy and Food Com-
missioner shall be members of the said Board; and three
members shall be appointed by the Governor of the
State on or before the first day of April, 1909, as
follows : One member of this Bureau shall be a
practical manufacturer of dairy food products;
one member shall be a merchant engaged in the sale
of food products, and one member shall be a non-
producer of food products. Members of this Bureau
shall hold office for the period of four 'years and until
their successors are appointed and qualified; provided,
that the first members appointed under this Act shall
be appointed for terms, so that their terms shall ex-
pire in one, two and three years respectively. Any
vacancy shall be filled by appointment by the Gov-
ernor for the unexpired term. The members of said
Bureau shall serve without compensation, but shall
receive their actual and necessary traveling expenses,
and within twenty days after their appointment shall
4 PURE FOOD LAWS OF UTAH.
take the oath of office as required by the Constitution;
and they shall thereupon meet and organize by elect-
ing a chairman, secretary and treasurer. Any one
of them may be removed by the Governor for neglect
or violation of duty. They shall make report in de-
tail to the Legislature not later than the first day of
December next, preceding the meeting thereof.
Sec. 2. Duties of Bureau. It shall be the duty
of the State Dairy and Food Bureau to formulate and
prescribe such rules and regulations for the operation
of creameries, butter and cheese factories, dairies,
slaughter houses, confectioneries, bakeries, hotels, fruit
and vegetable canneries, flour mills, farm dairies, or
any other factory, establishment, store or house where
dairy or food products of whatsoever nature are bought,
sold, manufactured, or prepared, or stored or exposed
for sale for public use, as shall be deemed necessary
by such Bureau to fully carry out the provisions of
the Act, and all laws now in force or that may be
enacted relative to dairy and food products, and for
the promotion and maintenance of the public health
and safety and for prevention of false grades,
weights and measures and also for advancing the
value of Utah food and dairy products. Such rules
and regulations shall conform as near as may be to
the rules and regulations that have been or shall be
promulgated by the Agricultural Department of the
United States under and by the authority of a law known
as the Pure Food and Drug Act of June 30, 1906, as
well as an act of Congress approved June 30, 1906,
governing meat inspection. The Dairy and Food Com-
missioner shall execute the rules and regulations of
the Bureau, and the Bureau shall provide him with
deputies, agents, and such assistants as may be deemed
necessary from time to time. It being the object of
this law to protect the consumer of food products
against fraudulent, unwholesome and adulterated food;
and for the promotion and maintenance of the public
health and safety, and it shall be the duty of this
Bureau to promote improvements in dairy and food
products, and educate the producer in the care of all
dairy and food products and their economical produc-
tion.
Sec. 3. Penalty. Any person violating any pro-
visions of this Act or any rule or regulation of the
PURE FOOD LAWS OF UTAH.
Dairy and Food Bureau shall be guilty of a misde-
meanor, and upon conviction thereof, shall be fined
in any sum, not less than $25.00 nor more than $200.00.
Approved March 22, 1909.
TITLE 18.
COMPILED LAWS, 1907.
DAIRY AND FOOD PRODUCTS.
CHAPTER 1.
DAIRY AND FOOD COMMISSIONER.
729. Office Created. Term of Commissioner.
Vacancy. Salary. The office of Dairy and Food Com-
missioner for the State of Utah is hereby created.
Such Commissioner shall be appointed by the Gov-
ernor, by and with the consent of the Senate, and his
term of office shall be for two years from the date
of his appointment, and vacancies occurring in the
office for any cause shall be filled by appointment
for the balance of the unexpired term. The salary
of the Commissioner shall be $1,500 per annum, to-
gether with his necessary and actual expenses incurred
in the discharge of his official duty, which shall be
paid in the same manner as the salaries of other State
officers.
730. Duty of Commissioner. It shall be the duty
of the Commissioner, and he is hereby invested with
the powers, to enforce all laws that now exist or that
may hereafter be enacted in this State, regarding the
production, manufacture or sale of dairy and creamery
products or the adulteration of any article of food, and
regarding the use of skimmed or adulterated milk, and
the feeding of unwholesome food to cattle and the keep-
ing of cattle having infectious or contagious diseases ;
and said Commissioner shall personally, or by his
deputy, inspect any article of food made or offered for
sale within this State, which he may suspect or have
reason to believe is impure, unhealthy, adulterated or
counterfeit. He shall also visit and inspect the various
dairies, cheese and butter factories of the State, and
shall have power to enforce proper sanitary regulations
in their management and surroundings. Said Com-
6 PURE FOOD LAWS OF UTAH.
missioner shall personally, or by his deputy, when
complaint is made of the violation of any law relating
to the feeding of any unwholesome food for cattle or
keeping upon the premises any cattle afflicted with
any contagious or infectious diseases, immediately in-
vestigate said charge, and may prosecute any person,
firm or corporation violating any of the laws of this
State, which it is the duty of said Commissioner to
enforce.
731. Powers of Commissioner. Deputy. In-
spector, Etc. The said Commissioner, Deputy Com-
missioner and such inspectors, agents, chemists and
counsel as shall be duly authorized for the purpose
shall have access, ingress and egress to and from all
places of business, factories, farms, buildings, carriages
and cars used in the manufacture, transportation or
sale of any article of food as defined in this chapter,
and also into restaurants, dining halls, cafes, hotels,
and all rooms thereof, and all other places where food
is prepared, stored or served to patrons. They shall
also have power and authority to open any package,
can or vessel containing or supposed to contain any
article manufactured, sold or exposed for sale, or held
in possession with intent to sell, in violation of the
provisions of this chapter or other laws of this State,
and may inspect the contents thereof, and may take
samples therefrom for analysis. All dealers, clerks,
bookkeepers, express agents, railroad officials, employes
or common carriers shall render to them all the assist-
ance in their power, when so requested, in tracing,
finding or discovering the presence of any article pro-
hibited by law, and in securing samples thereof as
herein provided for. Any refusal or neglect on the
part of such dealers, clerks, bookkeepers, express
agents, railroad officials, employes or common carriers
to render such friendly aid, or to furnish such sample
for analysis, as provided for in this section, shall be
deemed a misdemeanor and shall be punished as here-
inafter provided.
732. Sample to be Marked or Sealed. The person
taking such sample as provided for in this chapter,
shall mark or seal such sample with a paper seal or
otherwise, and shall write his name thereon and number
said sample so as to properly identify the same, and
PURE FOOD LAWS OF UTAH. 7
shall tender to the manufacturer or vendor of such
article or product, or the person in whose control or
possession such article or product may be at the time
the same is taken, the value thereof; but 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 the same is taken, seal with
proper seals or otherwise two samples of the articles
taken on each of which said samples, or on the seals
placed thereon, shall be placed the name of the per-
son taking said sample and also the number above
provided for, the one of which sample shall be de-
livered to the person from whom the same is taken
and the other shall be taken by the person so pro-
curing the same to the State Chemist or other compe-
tent person appointed for the purpose of making ex-
aminations or analysis of samples so taken ; Provided,
that the person procuring said sample may securely
pack and box said sample and send the same to the
State Chemist or other competent person appointed
hereunder for the purpose of making examinations or
analyses of samples, and his testimony that he did
procure the samples and that he sealed and numbered
the same as herein provided, and that he wrote his
name thereon and that he packed and boxed said
sample and sent the same to the State Chemist or
other competent person appointed hereunder to analyze
such sample and the testimony of the person to whom
said sample is addressed that he received said box
or package in apparent good order; that said sample
was sealed and that the number and name of the
sender, as herein provided for, was on said sample,
and that the seal at the time the same was received
was unbroken, shall be prima facie evidence that the
sample so received is the sample that was sent, and
that the contents thereof are the same and in the same
condition as at the time the person so procuring said
sample parted with the possession thereof, and the
testimony of said two witnesses as above shall be
sufficient to make such prima facie proof.
733. Standard of Purity. The standard of quality,
purity and strength for foods, liquors and drinks that
have been or shall be adopted by the United States
Department of Agriculture, are hereby declared to be
the standards of purity, quality and strength of foods,
8 PURE FOOD LAWS OP UTAH.
liquors, and drinks in the State of Utah, except where
otherwise specified.
734. Adulterated or Misbranded Articles of Food.
No person, firm, or corporate body shall within the
State, manufacture for sale, offer for sale, have in pos-
session with intent to sell, or sell any adulterated or
misbranded article of food or substance to be used in
the manner of food or drink.
735. "Food" Defined. The term "food," as used
in this chapter, shall include all articles used for food,
drink, confectionery or condiment, by man or other
animals, whether simple, mixed or compound.
736. When Deemed Adulterated. For the purpose
of this chapter an article shall be deemed to be adulter-
ated: In the case of foods
First If any substance has been mixed or packed
with it so as to reduce or lower or injuriously affect
its quality or strength.
Second If any substance has been substituted,
wholly or in part, for the article.
Third If any valuable constituent of the article
has been wholly or in part abstracted.
Fourth If it be mixed, colored, powdered, coated
or stained in a manner whereby damage or inferiority
is concealed.
Fifth If it contain any added substance or in-
gredient that is poisonous or injurious to health.
Sixth If it contain any added antiseptic or preser-
vative substance except common table salt, saltpeter,
cane or beet sugar, vinegar, spices or wood smoke ;
Provided, that when in the preparation of food products
for shipment they are preserved by any external appli-
cation applied in such a manner that the preservative
is necessarily removed mechanically or by maceration
in water or otherwise and directions for the removal
of said preservative shall be printed on the covering
of the package, the provisions of this chapter shall be
construed as applying only when the said products
are ready for consumption. And furthermore, the pro-
visions of this chapter shall not apply to the addition
of not more than one-tenth of one per cent of benzoate
of soda in the case of cider, tomato catsup, fruit jams,
jellies or preserves, or such other perishable articles of
food or drink as the State Food Inspector may from time
PURE FOOD LAWS OP UTAH. 9
to time determine cannot be successfully marketed with-
out such addition, the presence and percentage of which
said benzoate of soda shall in every case be stated upon
the label of the said cider, tomato catsup, fruit jams,
jellies or preserves, or other article hereafter de-
termined, in type as large or larger than eight point
caps; Provided, that in case the size of the package
will not admit of the use of eight point cap type, the
size of the type may be reduced proportionately.
Seventh If it consists in whole or in part of a
filthy, decomposed or putrid animal or vegetable sub-
stance, or any portion of any animal unfit for food,
whether manufactured or not, or if it is a product of
a diseased animal, or one that has died otherwise than
by slaughter.
Eighth If it be sweetened by saccharine or other
artificial sweetening.
In the case of Confectionery
If it contain terra alba, barytes, talc, chrome yel-
low, paraffine, or other mineral substance or poisonous
flavor, or color, or other ingredient deleterious or detri-
mental to health, or any vinous, malt or spirituous
liquor, or compound or narcotic drug.
In the case of Drugs
If its strength or purity fall below the pro-
fessed standard or quality under which it is sold.
737. The Term "Misbranded." How Applied. The
term "Misbranded," as used herein, shall apply to all
articles of food or articles which enter into the composi-
tion of foods, the package or label of which shall bear
any statement, design, or device regarding such article,
or the ingredients or substances contained therein,
which shall be false or misleading in any particular,
and to any food product which is falsely branded as
to the state, territory or country in which it is manu-
factured or produced.
For the purpose of this chapter an article shall be
deemed to be misbranded:
In the case of Foods-
First If it be an imitation of or offered for sale
under the distinctive name of another article.
Second If it be labeled or branded so as to de-
ceive or mislead the purchaser, or purport to be a
foreign product when not so, or if the contents of the
package as originally put up shall have been removed
LO PURE FOOD LAWS OF UTAH.
in whole or in part and other contents shall have been
placed in such package.
Third If in package form, and the contents are
stated in terms of weight or measure, they are not
correctly stated on the outside of the package.
Fourth If the package containing it, or its label,
shall bear any statement, design or device regarding
the ingredients, or the substances contained therein,
which statement, design or device shall be false or
misleading in any particular; Provided, that an 'article
of food that does not contain any added poisonous
or deleterious ingredients shall not be deemed to be
misbranded or adulterated in the following cases:
First In the case of mixtures or compounds which
may be now or from time to time hereafter known as
articles of food under their own distinctive names, and
not an imitation of, or offered for sale under the dis-
tinctive name of another article, if the name be ac-
companied on the same label or brand with a state-
ment of the place where said article has been manu-
factured or produced.
Second In the case of articles labeled, branded
or tagged so as to plainly indicate that they are com-
pounds, imitations or blends, and the word "com-
pound," "imitation" or "blend," as the case may be,
is plainly 'stated on the package in which it is offered
for sale; Provided, that the term "blend," as used
herein, shall be construed to mean a mixture of like
substances, not excluding harmless coloring or flavor-
ing ingredients used for the purpose of coloring or
flavoring only. And, provided further, that nothing in
this chapter shall be construed as requiring manu-
facturers or proprietors of proprietary foods which shall
contain no unwholesome added ingredient, to disclose
trade formulas except in so far as the provisions of
this chapter may require to secure freedom from adul-
teration or misbranding.
738. Articles to be Labeled "Imitation." No per-
son shall, by himself or another, either as principal,
clerk or servant, directly or indirectly, manufacture for
sale, have in his possession with intent to sell, offer
or expose for sale, or sell as fruit jelly, jam, or fruit
butter, any imitation fruit jelly, jam, or fruit
butter, or other similar compound, made or composed
in whole or in part of glucose, dextrine, starch or other
PURE FOOD LAWS OF UTAH. il
substances under any name or designation whatever,
unless the same shall be composed entirely of ingredi-
ents not injurious to health, and every can, pail or pack-
age of such jelly, fruit jam or fruit butter sold, offered
for sale, or kept for sale in this State, shall be distinctly
and durably labeled in a conspicuous place immediately
preceding the name of the article sold, with the word
"imitation" preceding the name of the fruit jelly,
jam or fruit butter the article is intended to imitate;
Provided, any fruit jelly, jam or fruit butter containing
no foreign ingredient other than glucose may be labeled
and sold as "glucose (or corn syrup) jelly," "fruit jam
or fruit butter/' as the case may be, to conform in
name to the fruit or fruits used in its preparation.
739. Extracts Made of More Than One Principal
Must Be Labeled With Name of Each Principal.
Extracts made of more than one principal must be
labeled in a conspicuous manner with the name of
each principal, or else with the name of the
inferior or adulterant, and in all cases when an extract
is labeled with two or more names, such names must
be in a conspicuous place on said label and in no in-
stance shall such mixture be called imitation, arti-
ficial or compound, and the name of one of the articles
used shall not be given greater prominence than
another; Provided, that all extracts which cannot be
made from the fruit, berry, bean or other part of the
plant, and must necessarily be made artificially, as
raspberry, strawberry, etc., shall be labeled "imitation"
in letters similar in size and immediately preceding
the name of article; Provided further, that prepared
cocoanut. containing nothing other than cocoanut, sugar
and glycerine, shall be labeled as prepared cocoanut,
and when so made need not be labeled "compound"
or mixture.
740. Spirituous, Fermented or Malt Liquors. No
person shall, within this State, by himself, his servant
or agent, or as a servant or agent of any other person
or corporation, manufacture, brew, distill, have or offer
for sale, or sell any spirituous or fermented or malt
liquor, containing any drug, substance or ingredient
not healthful or not normally existing in said spirituous,
fermented or malt liquor, or which may be deleterious
or detrimental to health when such liquors are used
12 PURE FOOD LAWS OF UTAH.
as a beverage, and the following drugs, substances or
ingredients shall be deemed to be not healthful or not
normally existing in spirituous, fermented or malt
liquor, and shall be deemed to be deleterious or detri-
mental to health, when contained in such liquors,
to wit:
Cocculus idicus, chloride of sodium, copperas,
opium, cayenne pepper, picric acid, Indian hemp, strych-
nine, arsenic, tobacco, darnel seed, extract of logwood,
salts of zinc, copper or lead ; alum, methyl alcohol and
its derivatives, and any extract or compound of any
of the above drugs, substances or ingredients, and any
person violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor.
741. Baking Powder. No person by himself, his
servant, or his agent, or as the servant of any other
person, shall : First, make or manufacture baking
powder or any other mixture or compound intended
for use as baking powder; Second, or sell, exchange,
deliver, or offer for sale or exchange, such baking
powder- or any mixture or compound intended for use
as baking powder, unless the same shall contain not
less" than ten (10) per cent available carbon dioxide,
and unless the common commercial names of all the
ingredients be printed on the label.
742. Milk. Milk must be whole milk and must
contain not less than three and two-tenths per cent of
fat and twelve per cent solids. Milk from which
cream has been removed must be labeled and sold as
"Skimmed." The sale of milk which is impure, un-
wholesome or adulterated, or from cows which are
diseased, or fed upon the refuse of a distillery or brew-
ery, or upon any substance deleterious to the quality
of the milk, such as garbage, swill or any substance
in a state of putrefaction, is prohibited. The addition
of coloring matter or preservatives to milk is pro-
hibited.
743. Id. Skimmed Milk, Diluted, Evaporated Milk.
No person shall sell, exchange, deliver or have in his
custody or possession with intent to sell, .exchange
or 'deliver, milk from which the cream or any part
thereof has been removed, unless in a conspicuous
place, above the center, upon the outside of every ves-
sel, can or package from or in which milk is sold, the
PURE FOOD LAWS OF UTAH. 13
words "Skimmed Milk" are distinctly marked in un-
condensed Gothic letters, each not less than one inch
in height.
Such skimmed milk shall contain not less than
nine per cent of milk solids, exclusive of fats. No per-
son shall sell, exchange or deliver or have in his
custody or possession with intent to sell, exchange
or deliver, any evaporated milk which has been diluted
to represent the proportions of natural milk, unless in
a conspicuous place above the center, upon the outside
of every vessel, can or package from, or in which such
milk is sold, the words "Diluted Evaporated Milk"
are distinctly marked in extended Gothic letters, each
not less than one inch in height.
744. Tests to Determine Quality of Milk. Proofs
of adulterations and skimming may be made with such
standard tests and lactometers as are used to determine
the quality of milk, or by chemical analysis. Cream
of standard purity shall be cream produced from normal
milk, free from all kinds of additions. There shall
be recognized three standards of percentage of cream,
known as first, second and third grades. The minimum
percentage of the first grade shall be not less than
thirty (30) per cent. The minimum percentage of the
second grade shall be not less than twenty-four (24)
per cent. The minimum percentage of the third grade
shall be not less than eighteen (18) per cent." Pro-
vided, that no person shall sell cream containing a less
percentage of butter than is represented. The sale of
cream other than in conformity with the foregoing
standard is prohibited.
745. Adulterated Dairy Products. No person shall
sell or offer for sale, consign or have in his possession
with intent to sell or otherwise dispose of to any
person, any milk, cream, butter, cheese, or other dairy
products, or shall deliver to any creamery or cheese
factory milk or cream to be manufactured into butter
or cheese to which boracic acid, formaldehyde, salicylic
acid, viscogen, or compounds containing them, or any
antiseptics, have been added. Provided, that the selling
of cream containing viscogen shall not be prohibited
if labeled "Visco Cream."
Butter of standard purity shall be butter made
from normal milk or cream, free from all kinds of ad-
14 PURE FOOD LAWS OF UTAH.
dition, except salt and harmless coloring matter, and
shall contain not less than eighty per cent of butter
fat.
746. Cattle Having Tuberculosis or Other In-
fectious or Contagious Diseases. No person selling, or
exchanging, furnishing or delivering milk or dairy
products, shall have in his possession, at any place
where milch cows are kept, any cattle having tubercu-
losis or other infectious or contagious disease. It shall
be the duty of the Dairy and Food Commissioner of
this State, in case he shall find that cattle are kept
in violation of the provisions of this chapter, to cause
all such cattle having any contagious or infectious
disease to be killed.
746x. Cheese. No person shall manufacture, or
shall buy, sell, offer, ship, consign, expose, or have in
his possession for sale, any cheese manufactured from
or by the use of skimmed milk to which there has been
added any fat which is foreign to such milk.
746x1. Id. No person shall manufacture, or shall
buy, offer, sell, ship, consign, expose or have in his
possession for sale, within this State, any skimmed
milk cheese or cheese manufactured from milk from
which any of the fats originally contained therein have
been removed, except such cheese be not less than nine
or more than eleven inches in diameter, and not less
than nine inches in height.
746x2. Premises, Etc., Shall Be Kept In a Clean
and Sanitary Condition. All premises, cans, bottles
and utensils employed or used in the production, trans-
portation, sale or delivery of milk or cream for con-
sumption, or employed or used in the manufacture or
sale of any food products, shall be kept in a clean
and sanitary condition, and no person shall sell, offer
for sale, or have in his possession with intent to sell,
any milk, cream or other food product, not manu-
factured, transported and offered for sale under such
clean and sanitary conditions. The commissioner, or
other person duly appointed by him, shall have power,
when inspecting such cans, bottles and utensils used
in the production, transportation, manufacture or sale
of milk, cream or other food products, to order the use
of any such can, bottle, or other utensil, which is in
an unclean or unsanitary condition, discontinued until
PURE FOOD LAWS OF UTAH. 15
such can, bottle or other utensil be thoroughly cleaned
and put in sanitary condition ; and such person so in-
specting such cans, bottles and other utensils, shall
have power to brand, mark or tag such can, bottle
or other utensil with the words, "This (can, bottle
or utensil) is unfit to contain (human food, milk or
cream)," as the case may be; and any person who shall
erase, change, remove, conceal or obliterate any such
brand, mark or tag, except for the purpose of properly
cleaning and putting such can, vessel or utensil in a
sanitary condition, shall be guilty of a misdemeanor,
and be subject to the penalties hereinafter provided.
746x3. Bottles and Vessels to be Cleansed. Any
person, firm or corporation who receives any milk
or cream in cans, bottles, or vessels which have been
transported over any railroad where such cans, bottles
or vessels are to be returned, shall cause the said bot-
tles or vessels to be immediately washed and thor-
oughly cleansed and aired.
746x4. Care of Cows; Milk From Unclean or
Diseased Cows. No person, firm or corporation shall
keep cows for the production of milk in a crowded
condition, or in stables which are not properly venti-
lated, or which are filthy from an accumulation of animal!
refuse or from any other cause. Nor shall milk for
food purposes be drawn from cows which are them-
selves in a condition of filth or uncleanliness, or from
cows which are affected with tuberculosis, running
sores, or any other form of disease, or from cows which
are fed either wholly or in part upon distillery waste,
or brewery grains, or the waste of vinegar, or that of
sugar factories, not properly dried, or upon any other
form of food which will produce milk which is un-
healthful or unwholesome, or from cows within fifteen
days before and five days after parturition ; and all
milk thus produced is hereby declared to be unclean,
impure, unhealthful and unwholesome milk, and any
milk to which water or any other foreign substance
has been added, or from which any part of the milk
commonly known as "strippings" has been withheld,
or which" has been deprived, either wholly or in part,
of any constituent naturally or normally contained in
milk, is hereby declared to be adulterated milk.
This section shall not be construed to prevent
16 PURE FOOD LAWS OF UTAH.
the feeding of ensilage from silos. The having in pos-
session by any person, firm or corporation producing
milk for market, or for sale or exchange, or for manu-
facturing the same into articles of food of distillery
waste or brewery grains, or the waste of vinegar, or
that of sugar factories, not dried as aforesaid, or any
other form of food which will produce milk which is
unhealthful or unwholesome, shall be considered for
the purpose of this chapter as prima facie evidence of
an intent to use the same contrary to the provisions
of this chapter.
746x5. Cows Kept On Premises Where Contagi-
ous disease Exists Prohibited. The sale of milk from
cows kept upon the premises occupied by a family in
which there is a contagious disease is prohibited, and
no milk from such cows shall be sold or otherwise
disposed of to any person until a permit shall be
granted by the Dairy and Food Commissioner or his
deputy, which permit shall be issued only after the
said Dairy and Food Commissioner or his deputy
shall receive a certificate from the Board of Health
or health officer, stating that the premises have been
disinfected, and in case of typhoid fever, that the privy
or cesspool has also been disinfected.
746x6. Articles of Food Manufactured From Un-
wholesome Milk Prohibited. 'No person, firm or cor-
poration shall manufacture from unclean, impure, un-
healthful or unwholesome milk, or from cream from
the same, any article of food.
746x7. Imitation Butter; Oleomargarine. No per-
son shall render or manufacture, sell, ship, consign,
offer for sale, expose for sale, take orders for the
future delivery of, or have in his possession with in-
tent to sell, any article, product or compound made
wholly or partly out of any fat, oil or oleaginous sub-
stance or compound thereof, not produced from un-
adulterated milk or cream from the same, and with-
out the admixture or addition of any fat foreign to
said milk or cream, which shall be an imitation of
yellow butter, produced from pure, unadulterated milk
or cream of the same with or without coloring matter;
Provided, that nothing in this title shall be construed
to prohibit the manufacture or sale of oleomargarine
in a separate and distinct form and in such a manner
PURE FOOD LAWS OF UTAH. 17
as will advise the consumer of its real character, but
it must be free from coloration or ingredients that
cause it to look like butter, and free from any word,
brand or marking, either upon the package or upon
any wrapper or upon the contents of the same, which
would in any wise tend to deceive the purchaser or
consumer.
746x8. Sale of Butter. It shall be unlawful for
any person to sell, or offer for sale, to any person
who asks, sends, or inquires for butter, any oleomargar-
ine, butterine, or any substance, made in imitation or
semblance of pure butter, and not made entirely from
the milk of cows, with or without coloring matter.
746x9. Oleomargarine, Butterine. It shall be un-
lawful for any person to expose for sale oleomargarine,
butterine, or any similar substance, not marked and
distinguished on the outside of each tub, package or
parcel thereof by placard with the word "Oleomargar-
ine" or "Butterine," and not having also upon the
exposed contents of every open tub, package or parcel
thereof a conspicuous placard with the word "Oleo-
margarine" or "Butterine." Such placard in each case
to be printed in plain, uncondensed Gothic letters, not
less than one inch long, and to contain no other words
thereon.
746x10. Id. Sale of. It shall be the duty of
every person who sells oleomargarine, butterine, or
any similar substance from any dwelling, store, office
or public market, to have conspicuously posted thereon
the placard or sign in letters not less than four inches
in length. "Oleomargarine Sold Here," or "Butterine
Sold Here." Such placard shall be approved by the
Dairy and Food Commissioner.
746x11. Id. It shall be unlawful for any person
to peddle, sell, solicit orders for future delivery of, or
deliver from any vehicle oleomargarine, butterine or
any other similar substance, without having on the
outside of both sides of .said vehicle the placard in
uncondensed Gothic letters not less than three inches
in length, "Oleomargarine," or "Butterine."
746x12. Oleomargarine, Etc., in Hotels. It shall
be unlawful for any person to furnish or cause to be
furnished, in any hotel, boarding house, restaurant,
18 PURE FOOD LAWS OF UTAH.
or at any lunch counter, oleomargarine, butterine or
any similar substance to any guest, or patron of said
hotel, boarding house, restaurant or lunch counter,
without first notifying each guest or patron that the
substance so furnished is not butter.
746x13. Use Prohibited in Public Institutions.
No butter or cheese not made wholly and directly
from pure milk, or cream, salt, and harmless coloring
matter shall be used in any of the charitable or
penal institutions of the State.
746x14. Search Warrant. When complaint shall
be made on oath to any magistrate authorized to issue
warrants in criminal cases, that imitation butter or
imitation cheese, or any substance designed or intended
to be used as a substitute for butter or cheese, is in
the possession or under the control of any person or
persons contrary to the provisions of the laws of this
State, and that the complainant believes that it is
concealed in any particular warehouse, store or re-
frigerator for mercantile purposes, the magistrate, if
he be satisfied that there is cause for such belief, shall
issue a warrant for such property.
746x15. Id. Seizure. All such warrants shall de-
scribe and designate the place and property to be
searched for, and shall be directed to the sheriff of
the county, or his deputy, or any constable of the
county, commanding such officer to search the house,
building, store or other place where imitation butter
or imitation cheese, or any substance designed or in-
tended to be used as imitation butter or cheese for
which he is required to search, is believed to be
concealed, and to bring such property, when found,
and the person or persons in whose possession the same
shall be found, before the magistrate who issued the
warrant, or before some other magistrate or court
having cognizance of the case.
746x16. Confiscation. Analysis. When any offi-
cer in the execution of a search warrant under the
provisions of this Chapter shall find any imitation
butter or cheese, or any substance designed or in-
tended to be used as an imitation of butter or cheese,
and for which a search is allowed by this chapter,
all the property so seized shall be safely kept by the
direction of the court or magistrate so long as shall
PURE FOOD LAWS OF UTAH. 19
be necessary for the purpose of being produced as
evidence on any trial; Provided, that it shall be the
duty of the officer who serves a search warrant issued
for imitation butter, or imitation cheese, or any sub-
stance designed or intended to be used as imitation
butter or cheese, and alleged to be in his possession,
or under the control of any person or persons contrary
to law to deliver to any person authorized in writing
to receive the same, a true and perfect sample of each
article seized by virtue of such warrant, for the pur-
pose of having the same analyzed, such analysis to
be made by a chemist of any State institution, and the
result of such analysis or test shall be recorded and
preserved as evidence, and the expense of such analysis
or test, not exceeding twenty dollars in any one case,
may be included in the cost of such prosecution. If
any sample be found to be imitation butter or imita-
tion cheese, or substance designed or intended to be
used as an imitation of butter or cheese, and that. the
same, at the time of such seizure, was in the possession
or under the control of any person or persons contrary
to any of the provisions or requirements of this chap-
ter, then and in such case the property so seized shall
be confiscated under the direction of the court or
magistrate; otherwise the said property shall be forth-
with returned to the person or persons from whom it
was taken ; and no cost or expense shall be charged
to such person or persons.
746x17. Vinegar. All packages containing vinegar
must be branded with the name and address of the
manufacturer. All vinegars must contain not less
than four per cent by weight of absolute acetic acid
and must not contain any preparation of lead, copper,
sulphuric acid, or any other mineral acids, vinegar
eels or ingredients injurious to health. All vinegars
made by fermentation and oxidation must be branded
"Fermented Vinegar," with the name of the fruit or
substance from which the same is made; must be free
from foreign substance, and must contain not less
than one and three-fourths per cent by weight, of
solids contained in the fruit or grain from which said
vinegar is fermented, and not less than two and a
half tenths of one per cent ash or mineral matter,
the same being the product of the material from which
said vinegar is manufactured. All vinegars made
20 PURE FOOD LAWS OF UTAH.
wholly or in part from distilled liquor must be branded
"Distilled Vinegar," and must be free from harmful
artificial coloring matter. Only vinegar made from
pure apple juice, free from foreign substances, drugs,
or acids, and containing not less than one and three-
fourths per cent, by weight, of cider vinegar solids,
can be sold as apple, orchard, or cider vinegar. Malt
vinegar must be made from malt, by fermentation and
oxidation, without distillation, and contain, by weight,
four per cent absolute acetic acid, and yield upon
evaporation, at least two per cent of malt solids.
746x18. No person or persons, known as retailers,
who sell vinegar by the gallon, shall reduce by water
or other mixtures, the strength of vinegar, purchased
and sold by them, unless he shall mark in plain figures
on said package or barrel the strength of the vinegar
still contained in the package.
746x19. Unsanitary Condition in Restaurants, Ho-
tels, Etc. Whenever it is determined by the Dairy
and Food Commissioner, his deputy or inspectors, that
filthy or unsanitary -conditions exist or are permitted
to exist in the operation of any restaurant, hotel,
bakery, confectionery, or ice cream plant, or any place
where any food or drink products are manufactured,
stored, deposited, sold or offered for sale, for any pur-
pose whatever, the proprietor or proprietors, owner
or owners, of such restaurant, hotel, bakery, confec-
tionery or ice cream plant, or any person or persons
owning or operating any plant where food or drink
products are manufactured, stored, deposited or offered
for sale, shall be first notified and warned by the
commissioner, his deputy or inspectors to place " such
restaurant, hotel, bakery, confectionery or ice cream
plant, or any other place where food or drink products
are manufactured, stored, deposited, sold or offered
for sale in a sanitary condition, within a reasonable
length of time; and any person or persons owning
or operating any such restaurant, hotel, bakery, con-
fectionery or ice cream plant, or any place where any
food or drink products are manufactured, stored, de-
posited, sold or offered for sale, failing to obey such
notice and warning, shall be guilty of a misdemeanor.
It shall be unlawful for any person affected with
tuberculosis, syphilis, or any communicable disease to
PURE FOOD LAWS OF UTAH. 21
be employed in any bakery, hotel or restaurant as cook
or waiter, or in any other capacity which requires the
handling of food.
746x20. Duty of County Attorney. It shall be the
duty of the county attorney in any county of the
State, when called upon by the Commissioner, to render
any legal assistance in his power to execute the laws,
and to prosecute cases arising under the provisions
of this chapter; and all fines and assessments collected
in any prosecution begun or caused to be begun by
said Commissioner shall be paid into the State Treasury.
746x21. Report. Said Commissioner shall make
a biennial report to the Governor, which shall contain
an itemized account of all expenses incurred and fines
collected, with such statistics and other information
as he may regard of value.
746x22. Defacing Marks or Labels. Whoever shall
deface, change, erase or remove any mark, label or
brand provided for by this chapter, with intent to
mislead, deceive or to violate any of the provisions
of this chapter shall be held liable to the penalties of
this chapter.
746x23. Penalty for Violation of Provisions of
This Chapter. Any person who shall violate any pro-
vision of this chapter, or who shall misbrand any
package containing any article of food shall be deemed
guilty of a misdemeanor, and upon conviction thereof
shall be punished by a fine of not less than fifty nor
more than two hundred dollars. And any article of
food found in his possession, in violation of any pro-
vision of this chapter, shall be subject to confiscation
and spoliation.
746x24. Not Liable to Prosecution, When. No
dealer of food or drink products shall be held liable
to prosecution if he can establish that the goods were
sold under a guaranty by a wholesaler, manufacturer,
jobber, dealer, or other party residing in the United
States from whom purchased.'
746x25. Tainted, Decayed or Spoiled food. It
shall be unlawful for any person to sell, or offer for
sale, or have in his possession with intent to sell, any
article of food that has become tainted, decayed, spoiled,
or is otherwise unwholesome or unfit to be eaten or
drunk.
..Approved this 25th day of March, 1907.
PURE FOOD LAWS OF UTAH.
CHAPTER 2.
REGULATING THE MANUFACTURE, QUALITY
AND SALE OF BUTTER.
746x26. Each Package or Wrapper to be Stamped.
On each package of butter manufactured and offered
or exposed for sale in the State of Utah, there shall
be stamped upon the wrapper or package the name
of the maker thereof, with address of same and the
actual number of ounces contained in said wrapper
or package at the time of its manufacture.
746x27. Penalty for Violation. Any person, firm
or corporation who offers to sell, or furnish, or deliver
for sale, any butter unless marked as specified in sec-
tion 746x26, shall be deemed guilty of a misdemeanor.
Approved this 15th day of March, 1907.
CHAPTER 3.
RENOVATED BUTTER.
An Act to prevent deception in the sale of reno-
vated butter, and to license manufacturers and dealers
in the same, and prescribing a penalty for the violation
thereof.
746x28. Renovated Butter to be Branded. License
for Sale of. No person or persons, firms or corpora-
tions, by themselves or their agents or employes, shall
sell, offer for sale or expose for sale or have in his
or their possession for sale any renovated butter, un-
less the same shall have printed upon each and every
package, roll, print, square or any container of such
renovated butter the words, "Renovated Butter" in
letters not less than one-half inch in height, or who
shall not have secured from the State Dairy and Food
Commissioner, now existing under the laws of this
State, a license as provided hereinafter.
726x29. Renovated Butter Defined. The term
"renovated butter," as used in this chapter, is hereby
defined to mean and include butter that has been re-
duced to a liquid state, by melting, and drawing off
such liquid or butter oil and churning or otherwise
manipulating it in connection with milk or any product
thereof.
746x30. License. Term. Amount of. Any person
or persons, firms or corporations, desiring to manu-
PURE FOOD LAWS OF UTAH. 23
facture or deal in renovated butter shall make applica-
tion to the State Dairy and Food Commissioner for
a license, and upon payment of license fee of the amount
mentioned herein, to the State Dairy and Food Com-
missioner, said State Dairy and Food Commissioner
shall issue to the applicant a license. All' such licenses
shall expire December 31st of each year and may be
issued in periods of one year or six months, upon
payment of a proportionate part of the license fee.
Manufacturers of renovated butter within this State
shall pay an annual license fee of one thousand dollars ;
wholesale dealers shall pay an annual license fee of
four hundred dollars; retail dealers in such renovated
butter shall pay an annual license fee of fifty dollars;
hotels, restaurants, boarding houses and all other places
where .meals are served and payment is received there-
for, either immediately or by the day, week or month,
where such renovated butter is used shall pay an annual
license fee of twenty-five dollars. The term wholesale
dealers, as used herein, includes all persons, firms or
corporations, who shall sell renovated butter in quanti-
ties of ten pounds or more. The term retailers includes
all persons who sell in quantities of less than ten
pounds. All licenses while in force shall be conspicu-
ously displayed in the place of business of the party
or parties to whom they have been issued. The State
Dairy and Food Commissioner shall require all persons
holding manufacturers' or wholesale licenses, as pro-
vided in this chapter, to keep a record in a form separ-
ate from all other business, in which every sale of
renovated butter shall be recorded, giving the quantity
sold, the name and location of the buyer and the place
to which it was shipped. Such record shall be access-
ible at all times to duly authorized representatives of
the State Dairy and Food Commissioner.
746x31. License to be Paid Into State Treasury.
All license fees paid to the State Dairy and Food
Commissioner under this chapter shall be paid by said
Dairy and Food Commissioner into the State treasury.
746x32. Penalty. Whoever shall violate any of
the provisions or sections of this chapter shall be guilty
of a misdemeanor, and shall upon conviction thereof
be punished for the first offense by a fine of not less
than twenty-five dollars nor more than one hundred
dollars, or by imprisonment in the county jail for not
24 PURE FOOD LAWS OF UTAH.
less than ten days and not exceeding thirty days; and
for each subsequent offense a fine of not less than
fifty dollars, nor more than two hundred dollars,
or by imprisonment in the county jail for not less than
twenty days nor more than one hundred days, or both
such fine and imprisonment, at the discretion of the
court.
746x33. County Attorney Must Prosecute. Fines,
Where Paid. It shall be the duty of the county at-
torney of each and every county in the State, upon
application, to attend to the prosecution in the name
of the State of any action brought for the violation
of any of the provisions of this chapter within his
district. All of the fines imposed for the violation
of any of the provisions of this chapter shall be paid
to the county in which the fine is imposed.
Approved this 9th day of March, 1905.
CHAPTER 4.
INSPECTION OF CATTLE, SHEEP, SWINE
AND GOATS.
An Act empowering the State Dairy and Food Com-
missioner to inspect Cattle, Sheep, Swine and Goats
before slaughtered, and the carcasses of such ani-
mals before being prepared for human food, and
providing a penalty for the violation of any of
the provisions of this Act.
It is enacted by the Legislature of the State of
Utah:
746x34. Inspection by Dairy and Food Commis-
sioner. Meat to be Tagged. Unwholesome Meat to be
Destroyed. The State Dairy and Food Commissioner
is hereby empowered to examine and inspect all cattle,
sheep, swine and goats before they enter into any
slaughtering, packing, meat canning, rendering or sim-
ilar establishment in which they are to be slaughtered,
and the meat and meat food products thereof are to be
used or sold for human food; and all cattle, sheep,
swine and goats found on such inspection to show
symptoms of disease shall be set apart and slaughtered
separately from all other cattle, sheep, swine or goats,
and when so slaughtered, the carcass of said cattle,
sheep, swine or goats shall be subject to a careful
PURE FOOD LAWS OF UTAH. 25
examination and inspection. The Dairy and Food
Commissioner may also make a post mortem examina-
tion and inspection of the carcasses and parts thereof
of all cattle, sheep, swine and goats to be prepared
for human food at any slaughtering, meat canning,
salting, packing, rendering or similar establishment
in this State, and the carcasses and parts thereof of
all such animals found to be sound, healthful, whole-
some and fit for human food, shall be marked, stamped,
tagged or labeled as "Inspected and Passed;" and said
inspectors shall mark, stamp, tag, or label as "Inspected
and Condemned" all carcasses and parts thereof of
animals found to be unsound, unhealthful, unwholesome
or otherwise unfit for human food, and all carcasses
and parts thereof thus inspected and condemned shall
be destroyed for food purposes by the said establish-
ment in the presence of the Dairy and Food Commis-
sioner or his deputy.
746x35. Sanitary Conditions, Rules and Regula-
tions. Penalty. All slaughtering and packing houses
shall be maintained and conducted under sanitary con-
ditions, and the State Dairy and Food Commissioner
is hereby authorized and empowered to make rules
and regulations to carry out the provisions of this
chapter, and any person, firm or corporation violating
any of such rules shall be declared guilty of a misde-
meanor.
746x36. Dairy and Food Commissioner May Co-
Operate with National Inspectors. In establishments
where animals are slaughtered for human food partly
for consumption within the State and partly for inter-
state commerce, the Dairy and Food Commissioner
may co-operate with the inspectors appointed by the
National Government, and all inspections made by
such inspectors under the provisions of such co-opera-
tion shall be deemed a compliance with the provisions
of this chapter.
746x37. Provisions of This Chapter Not Applic-
able, When. The provisions of this chapter shall not
apply to any animals or the carcasses or parts thereof,
that are inspected and stamped by inspectors of the
National Government.
746x38. Id. The provisions of this chapter re-
quiring the inspection of animals to be slaughtered
26 PURE FOOD LAWS OF UTAH.
shall not apply to animals slaughtered by any farmer
for domestic use.
746x39. Id. Any person who shall sell or offer
for sale, the carcasses or parts thereof of any animals
enumerated in this chapter, which have been examined
and condemned, shall be guilty of a misdemeanor.
Approved this 25th day of March, 1907.
CHAPTER 69.
An Act providing for the sanitary inspection of dairies
and creameries, also providing for canning factories
to wash vegetables and fruits, regulating the sale
of soda fountain syrups and flavorings, and coloring
matter in food products; the sanitary operation of
slaughter houses; providing for the proper use
of milk cans, and the standard measure for Bab-
cock milk and cream tests and correct readings, and
providing a penalty for the violation of the pro-
visions hereof.
Be It Enacted by the Legislature of the State of Utah:
Section 1. It shall be the duty of the State Dairy
and Food Commissioner or his deputies, to visit as
frequently as they deem necessary, all creameries,
cheese factories, condensed milk factories, dairies where
milk and cream are bottled or prepared for sale, and
farm dairies in the State of Utah, and inspect and score
the same according to the score cards authorized by
the Bureau of Animal Industry of the United States De-
partment of Agriculture. A copy of the score cards
shall be left with the owner and such information given
as will assist the producer to improve the sanitary con-
ditions or remedy such defects as the score card in-
dicates. A copy of the score card shall be kept on
file in the Commissioner's office.
All creameries, cheese factories, condensed milk
factories and dairies where milk and cream are bottled
or prepared for sale, and farm dairies falling below fifty
(50) points in the rating as indicated by the score card,
are hereby declared to be in an unsanitary condition,
and the State Dairy and Food Commissioner shall
immediately proceed against them according to law.
Sec. 2. No person, firm or corporation shall bottle
or can fruits or vegetables or their products and offer
PURE FOOD LAWS OF UTAH. 27
them for sale unless said fruits and vegetables have
been previously washed in clean water continuously
changed, preparatory to the canning or bottling.
Sec. 3. Soda fountain syrups flavored with imi-
tation flavoring extracts must, be plainly and correctly
labeled. If the containers of such syrups are not
displayed to the customer so that the label is readily
seen, conspicuous signs must be attached to the fountain
where they can be readily seen by the customer. Said
signs must be printed with letters not less than one-
half inch deep and read as follows: "Some of the
products served at this fountain are artificially flavored
and colored and contain a trace of Benzoate of Soda."
Sec. 4. The use of any dye, harmless or otherwise?
to color or stain the food in a manner whereby damage
or inferiority is concealed is specifically prohibited.
The use in Food for any purpose of any mineral dye
or any coal tar dye, except those coal tar dyes here-
inafter listed, shall be grounds for prosecution. The
coal tar dyes hereinafter named, made specifically for
use in foods, and which bear a guaranty from the
manufacturer that they are free from subsidiary pro-
ducts and represent the actual substance the name of
which they bear, may be used in foods. In every
case a certificate that the dye in question has been
tested by competent experts and found to be free
from harmful constituents must be filed with the State
Dairy and Food Commissioner and approved by him.
The following coal tar dyes which may be used
in this manner are given numbers, the numbers pre-
ceding the names referring to the number of the dye
in question as listed in A. G. Green's edition of the
Schultz-Julius Systematic Survey of the Organic Color-
ing Matters, published in 1904.
The list is as follows:
RED SHADES. ORANGE SHADE.
107 Amaranth. 85 Orange 1.
GREEN SHADE.
435 Light Green S. F.
YELLOW SHADE. Yellowish.
4 Napthol Yellow S. BLUE SHADE.
693 Indigo disulfo acid.
28 PURE FOOD LAWS OF UTAH.
Each of these colors shall be free from any
coloring matter other than the one specified and shall
not contain any contamination due to imperfect or
incomplete manufacture.
Sec. 5. 1. All slaughtering, packing, meat canning,
salting, rendering, or similar establishments, shall be
maintained and conducted under sanitary conditions
and shall be inspected under the following regula-
tions by the State Dairy and Food Commissioner or
his deputies.
All ceilings, walls, pillars and the interior of
each establishment, including partitions, shall be kept
in a sanitary condition, and shall be whitewashed
or painted once a year or oftener if required.
When floors, or other parts of the building, or
tables, or other parts of the equipment are so old or in
such poor condition that they cannot be readily made
sanitary, they shall be removed and replaced by
suitable materials.
All establishments in which animals are slaugh-
tered or meats and meat food products are prepared,
cured, packed, stored or handled, shall be properly
screened against flies and other vermin. Walks, plat-
forms or approaches leading into establishments shall
be kept clean to prevent dirt being tracked into the
same.
2. All tracks, trays and other receptacles ; all
chutes, platforms, racks, tables and other appliances,
and all knives, saws, cleavers and other tools, and all
utensils, machinery and vehicles used in moving, hand-
ling, cutting, chopping, mixing, canning or other
processes shall be thoroughly cleaned before using.
3: The aprons, smocks or other outer clothing worn
by employes who handle meat or meat food products
shall be of a material that is readily cleansed and made
sanitary, and only clean garments shall be worn. Per-
sons who handle meat or meat food products shall be
required to keep their hands clean, and they shall be
required also to pay particular attention to the cleanli-
ness of their boots or shoes.
4. Persons affected with tuberculosis or any other
communicable disease shall not be employed ,in any
of the departments of establishments where carcasses
are dressed, meat handled, or meat products are pre-
pared. Any employe of such establishment who may
PUKE FOOD LAWS OF UTAH. 29
be suspected of being so affected shall be reported by
the inspector in charge to the manager of the establish-
ment, and to the State Dairy and Food Commissioner,
who in turn shall report such case to the Secretary of
the State Board of Health.
5. Hogs must be kept at least one hundred feet
from slaughtering houses and fed in clean troughs and
pens.
The offal of all slaughtered healthy animals, ex-
cept hogs, may be fed to hogs, provided that at least
one-half of 'their daily rations consist of grain or
vegetable matter.
The offal of all hogs must be buried, burned or
tanked.
The offal of animals that is not fed to hogs must
be burned, buried or tanked.
6. All yards, fences, pens, chutes, alleys and other
places, belonging to the premises of such establish-
ments, whether they are used or not, shall be main-
tained in a sanitary condition, and no nuisance shall
be allowed in the establishment or on its premises.
7. The room or compartment in which meat or
meat food products are prepared, cured, stored, packed
or otherwise handled, shall be free from odors from
toilet rooms, catch basins, casing departments, tank
rooms, hide cellars, or other similar places, shall be
kept free from flies and other vermin by screening
or other methods. All rooms or compartments shall
be provided with cuspidors of such shape as not readily
to be upset, and of such material and construction as
to be readily disinfected ; and employes who expector-
ate shall be required to use them.
8. Due care must be taken to prevent meat and
meat food products from falling on the floor; and in
the event of their having so fallen, they must be con-
demned or the soiled portions removed and condemned.
When meat or meat products are being emptied into
tanks, some device, such as a metal funnel must be
used.
9. Only good, clean and wholesome water and ice
shall be used in the preparation of carcasses, parts,
meat or meat food products. Whenever there is any
doubt regarding the sanitary condition of the water
supply, notice shall be sent immediately to the State
Dairy and Food Commissioner.
30 PURE FOOD LAWS OF UTAH.
10. Wagons or cars in which meat or meat pro-
ducts are transported shall be kept in a clean and
sanitary condition. All wholesalers and retailers con-
veying meat to the markets are required to furnish
ample and complete protection against contamination
by flies, requiring covered and screened conveyances
for this purpose.
Sec. 6. In the use of the Babcock test, the standard
milk measures or pipettes shall have a capacity of
17.6 cubic centimeters, and the standard test tubes or
bottles for milk shall have a capacity of 2 cubic centi-
meters for each 10 per cent marked on the necks there-
of ; cream shall be tested by weight, and the standard
unit for testing shall be 18 grams, and it is hereby
made a misdemeanor to use any other standards of
milk or cream measure where milk or cream is pur-
chased by or furnished to creameries or cheese fac-
tories and where the value of said milk or cream is
determined by the per cent of butter fat contained in
the same or wherever the value of milk or cream is
determined by the per cent of butter fat contained in
the same by the Babcock test. .
In sampling cream or milk from which composite
tests are to be made to determine the per cent of butter
fat contained therein, no such sample or sampling shall
be lawful unless a sample be taken from each weigh-
ing and the quantity thus used shall be proportioned to
the total weight of the cream or milk tested.
Every person, corporation or company operating
a creamery when using 'the Babcock test as a stand-
ard to determine the value of any milk or cream re-
ceived or brought by such person, corporation or
company to be manufactured into butter, shall, when
paying for such milk or cream, include in every state-
ment or check issued to any patron in payment thereof,
a statement of the number of pounds of butter fat,
for which payment is made.
Any manufacturer, merchant, dealer or agent in
this State who shall offer for sale or sell a milk pipette
or measure, test tube or bottle which is not correctly
marked or graduated as herein provided, shall be guilty
of a misdemeanor.
It shall be unlawful for the owner, manager, agent
or any employe of a cheese factory, creamery, or con-
PURE FOOD LAWS OP UTAH. 31
densed milk factory to falsely manipulate or under-read
or over-read the Babcock test, or any other contrivance
used for determining the quality or value of milk or
cream, or to make any false determination by, said
Babcock test or otherwise.
Sec. 7. Whoever shall violate any of the pro-
visions of this Act, shall be guilty of a misdemeanor,
and shall, upon conviction thereof, be punished by
a fine of not less than twenty-five dollars nor more
than two hundred dollars, or by imprisonment in the
county jail for not less than ten days nor more than
thirty days; or by both such fine and imprisonment,
at the discretion of the court.
Approved March 18th, 1911.
CHAPTER 30.
An Act providing for the marking, stamping and
branding of cans, bottles, casks, kegs, barrels, or
other receptacles used in the handling and trans-
portation of dairy products, ice cream, milk, cream
or soda water, and the selection and adoption of
such mark or brand; prohibiting any person, com-
pany or corporation from adopting or using any
brand or mark which has been selected, designated
or appropriated; making it unlawful for any per-
son other than the rightful owner to use any can,
bottle, cask, keg, barrel or other receptacle marked
or branded as herein provided, or to deface or
remove any such brand, mark or stamp; providing
penalties for the violation of this act, and requir-
ing its enforcement by the Dairy and Food Com-
missioner.
Be It Enacted by the Legislature of the State of Utah:
Section 1. That all persons, companies and cor-
porations engaged in the transportation or manufacture
of any dairy product, ice cream or soda water or in bot-
tling milk, cream or soda water for sale and use, may
adopt a mark or marks of ownership to be stamped
or marked on any can, bottle, cask, keg, barrel or other
receptacle used in the handling and transportation
of any of said products, and may file in the office of
the Secretary of State a description of the name or
32 PURE FOOD LAWS OP UTAH.
marks so used by them or either of them, and the use
to be made of any such can, bottle, cask, keg, barrel
or other receptacle, and cause the same to be published
for two successive weeks in a weekly newspaper pub-
lished and in general circulation in the State of Utah,
and pay to the Secretary of State a fee of $2.00 for fil-
ing the same.
Sec. 2. The brand or mark so selected and adopted
as herein provided may consist of a name, design, mark
or marks, or some particular color of paint or enamel
used upon the can, bottle, cask, keg, barrel or other
receptacle, or any part thereof.
Sec. 3. It shall be unlawful for any person, com-
pany or corporation to .adopt or use any brand or mark
which has already been designated, appropriated or
obtained under the provisions of this Act.
Sec. 4. It shall be unlawful for any person other
than the rightful owner thereof to use any can, bottle,
cask, keg, barrel or other receptacle marked or branded
as herein provided, for any other purpose, or for the
transportation or handling of any other article or
product than designated or provided for by such brand-
ing.
Sec. 5. It shall be unlawful for any person other
than the rightful owner thereof to deface or remove any
such brand, mark or stamp put upon any such can,
bottle, cask, keg, barrel, or other receptacle as herein
provided.
Sec. 6. For the purpose of preventing the use of
said cans, bottles, casks, kegs, barrels, or other re-
ceptacles for any purpose other than that herein pro-
vided, and to insure the wholesomeness and high quality
of said products and the sanitary condition of the re-
ceptacles in which the same are transported, it shall
be the duty of the "Dairy and Food Commissioner"
to enforce the provisions of this Act.
Sec. 7. Whoever shall violate any of the provisions
or sections of this Chapter shall be guilty of a misde-
meanor, and shall, upon conviction thereof, be punished
by a fine of not more than $100.00, or by imprisonment
in the county jail, not exceeding 30 days, or by both
such fine and imprisonment, at the discretion of the
court.
Approved March 9, 1911.
