as the case may be, in Roman letters of a size at least as large as any other words or letters appearing on said brand, indentation or label.

Section 3. Any violation of any of the provisions of this section is hereby declared to be a misdemeanor and any person whether individually or as a member of a partnership or as a responsible agent or officer of a corporation who shall be convicted of such violation, either on his own behalf or in the interests of a corporation shall be punished by imprisonment in the county jail for not less than thirty days nor more than sixty days or by a fine of not less than fifty dollars nor more than one hundred dollars or by both such fine and imprisonment.

Section 4. The Dairy Expert by himself or by his assistants, chemists, inspectors or agents, shall be charged with the enforcement of the provisions of this section.

Section 5. Nothing in this section shall be construed to prohibit the shipment into this state from a foreign state and the first sale thereof in this state in the original package intact and unbroken, of any of the products or articles, the manufacture, sale or exchange of which or possession of which, with intent to sell or exchange is prohibited hereby.

Section 6. Should any subsection or subsections or any part of a subsection or subsections of this section become or be declared to be inoperative or void for any cause or reason whatsoever, the remainder of the subsection or of such subsections shall be and remain in full force and effect.

Approved March 12, 1923.

CHAPTER 193.

(H. B. 188).

DEFINING THE TERM "MISBRANDED"

AN ACT Entitled, An Act to Amend Section 7809 of the Revised Code of 1919, Relating to the Labeling of Food Products.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 7809 of the Revised Code of 1919 be and the same is hereby amended to read as follows:

Section 7809. "Misbranded" Defined. The term "misbranded" as used in this article, shall apply to all substances used as food or which enter into the composition of food, the package or label of which shall bear any statement, design or device regarding such substance or the ingredients contained therein which shall be false, deceptive, 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 manufactured or produced; and for the purpose of this article a food product shall also be deemed to be misbranded.

1. If it be an imitation of or offered for sale under the distinctive name of any other food product.

2. If it be so labeled or branded as to deceive 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 in whole or in part and other contents shall have been placed in such

package, or if it fail to bear a statement on the label of the quantity or proportion of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, or acetanilide, or any derivative or preparation of any such substance contained therein.

3. If in package form and the quantity of the contents be not plainly and. conspicuously marked on the outside of the package in terms of weight, measure or numerical count, together with the name and address of the real manufacturer or jobber or other person responsible for placing the product upon the market; provided, however, that reasonable variations as to the quantity of the contents of package shall be permitted, and tolerance and exemptions as to small packages shall be established by rules and regulations made in accordance with the provisions of Section 7793.

4. If the package containing it, or its label, shall bear any statement, design or device regarding the ingredients, or the substance contained therein, which statement, design or device shall be false or misleading in any particular; provided, that an article of food which does not contain any added poisonous or deleterious ingredients shall not be deemed to be adulterated or misbranded 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 distinctive name of another article, if the name be accompanied on the same label or brand with the statement of the place where said article has been manufactured or produced; second, in the case of articles labeled, branded or tagged so as to plainly indicate that they are compounds, imitations or blends, and the word "compound," "imitation," or "blend," as the case may be, together with a statement of the character and constituents thereof, 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 flavoring ingredients used for the purpose of coloring and flavoring only; and provided, further, that nothing in this Act shall be construed as requiring or compelling proprietors or manufacturers of proprietary foods, which contain no unwholesome ingredients, to disclose their trade formulas, except in so far as the provisions of this Act, (or the rules and regulations of the State Food and Drug Commissioner may require to secure freedom from adulteration or misbranding.)

Approved February 27, 1923.

CHAPTER 194.

(H. B. 107.)

RELATING TO SALE OF POISONS

AN ACT Entitled, An Act to Amend Section 7845, 7846 and 7849 of the South Dakota Revised Code of 1919, Relating to the Sale of Poisons by Persons Other Than Registered Pharmacists.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 7845 of the Revised Code of 1919 is hereby amended to read as follows:

Section 7845. Sale by Merchant. A merchant handling exclusively goods other than goods used for food, may procure a certificate of authority as provided in this article, and thereupon shall be authorized to sell the poisons known as paris green, lead arsenate, formaldehyde, and insect powders; provided, however, that this section shall not apply to the sale of strychnine, arsenic, corrosive sublimate or carbolic acid. Provided that in any town where there is no registered pharmacists and there is a merchant handling exclusively goods other than goods used for food or a merchant who handles goods used for food and who also handles goods other than those used for food in a separate department from that in which goods are handled and sold for food purposes, it shall be competent for such merchant to sell poisonous drugs known as paris green, formaldehyde, wood alcohol, rat poison, gopher poison, and insect powder, provided however, that this shall not apply to the sale of strychnine, arsenic, corrosive sublimate or carbolic acid.

Section 2. That Section 7846 of the Revised Code of 1919 is hereby amended to read as follows:

Section 7846. Sale in Original Packages. The poisons enumerated in the preceding section shall be sold by such merchant only in original packages, and each package shall be labeled, and marked in plain and distinct red letters "Poison," each letter thereof to be at least one-fourth inch in length, with the figures of the "Skull and cross bones" printed in red thereon.

Section 3. That Section 7849 of the Revised Code of 1919 is hereby amended to read as follows:

Section 7849. Violation-Penalty. Any person who violates any provision of this article shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for a period not exceeding thirty days or by a fine of not less than Twenty-five Dollars and not more than One Hundred Dollars, or both such fine and imprisonment. A conviction hereunder shall operate to invalidate and cancel a certificate of authority to sell the poisons enumerated in this article.

Approved March 9, 1923.

CHAPTER 195.

(S. B. 290.)

RELATING TO UNFAIR DISCRIMINATION IN BUYING DAIRY PRODUCTS

AN ACT Entitled, An Act Relating to Unfair Discrimination in Buying, and Declaring an Emergency.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. Discrimination in Buying. Any person or corporation, foreign or domestic, doing business in this state and engaged in the business of buying milk, cream, butter, butter-fat, or any other dairy product, that shall intentionally, for the purpose of injuring or destroying the business or trade of a competitor in any locality or to prevent or destroy competition by any person, who in good faith, intends or attempts to engage in such business, discriminate between different sections, communities, or cities of this state, by paying for such milk, cream, butter, butter fat or any other dairy product, a higher price in one section, community or city, than such person or corporation is at the same time paying for such property in another section, community, or city within the state, after making due allowance for the difference, if any, in the grade or quality and in the actual cost of transportation from the point where same is purchased to the market where it is sold, or intended to be sold, shall be deemed guilty of unfair discrimination, which is hereby prohibited and declared unlawful.

Section 2. Prima Facie Evidence of Discrimination. Proof of the buying of any such product, a commodity or property by any person, firm or corporation at a higher price or rate in one section, community, or city of this state than is paid for the same commodity by such person, firm, or corporation in another section, community or city of this state after making due allowance for the difference, if any, in the grade or quality and in the actual cost of the transportation from the point where the same is purchased, to the market where it is sold, or intended to be sold, shall constitute prima facie evidence of a violation of this Act. Section 3. Penalty. Any person or corporation violating any provision of this act shall, upon conviction thereof, be fined not less than Two Hundred Dollars nor more than Ten Thousand Dollars for such offense.

Section 4. Duty of Attorney General. If complaint shall be made to the Attorney General that any corporation is guilty of unfair discrimination as defined by this act, he shall investigate such complaint, and for that purpose he may subpoena witnesses, administer oaths, take testimony and require the production of books or other documents, and, if in his opinion sufficient grounds exist therefor, he may prosecute an action in the name of the state in the proper court to annul the charter or revoke the permit of such corporation from doing business in this state, and if in such action the court shall find that such corporation is guilty of unfair discrimination as defined by this act, such court may annul the charter or revoke the permit of such corporation, and may permanently enjoin it from transacting business in this state.

Section 5. Every person, firm or corporation, foreign or domestic, doing business in this state, operating a creamery or cream buying station, or engaged in the business of buying milk, cream, butter, butterfat,

or any other dairy product, whether as agent or otherwise, shall at all times keep posted in the front window or on the front of the building or place where such business is transacted, a sign printed in letters and figures at least two inches in height, and so printed and posted as to be plainly legible from the outside of such building or place, stating and showing the price being offered or paid for such dairy products, and every such person or corporation shall also keep, in writing, at such building or place, a permanent record showing the price offered or paid for each kind of such dairy products and the exact time when each change in price was posted and such record shall at all times be subject to inspection and examination by any person interested, without giving any reason therefor.

Section 6. Every person, firm or corporation paying for any such dairy products any other price than that posted, as required by the foregoing section or violating any of the provisions of the foregoing section, or failing to comply with the provisions thereof shall be guilty of a misdemeanor, and the judgment of conviction shall operate as a forfeiture of the license to engage in such business.

Section 7. Remedies Cumulative. The remedies provided for in this act shall be construed as cumulative and not exclusive.

Section 8. Whereas, this act is necessary for the immediate support of the state government and its existing institutions, an emergency is hereby declared to exist and this act shall be in full force and effect from and after its passage and approval.

Approved March 8, 1923.

Game and Fish

CHAPTER 196.

(H. B. 309)

RELATING TO FISH

AN ACT Entitled, An Act to Amend Section 10474 of the Revised Code of 1919, Relating to Fishing Regulations.

Be It Enacted by the Legislature of the State of South Dakota:

Section 1. That Section 10474 of the Revised Code of 1919 be and the same is hereby amended to read as follows:

Section 10474. No person shall catch, take or kill more than twenty-five protected fish, except perch, in any one day nor have in possession at any time more than fifty of such fish, except perch, nor shall such fish be taken in any other manner than with a hook and line, except as otherwise expressly provided. It shall be unlawful to use more than two lines, nor shall more than three hooks be attached to each line. Provided that it shall be unlawful to take trout at any time by the