FOOD AND DRUG INSPECTION.

The Nevada State Legislature of 1909 enacted a Pure Food and Drugs law regulating the manufacture and sale of foods and drugs. in the State and providing for their inspection and analysis. The bill was approved March 13, 1909.

During the last few years much has been done in food and drugs legislation in the different States. The agitation toward a national law governing interstate commerce in articles of this nature culminated in the passage of what is known as the Hepburn bill by Congress in June, 1906. Since the enactment of this bill there has been renewed activity in the several States in food and drug legislation. In most States laws have been passed governing the manufacture and sale of food products within the State, over which the national law has no jurisdiction, it applying only to interstate commerce. The report of the Secretary of the United States Department of Agriculture for the year ending 1907 showed that only eight States were without food and drug laws. Several States which held legislative sessions in the spring of 1909 and have heretofore been without laws have this year passed on bills of this nature; and a number of States have made their laws more far reaching by special acts, supplementary to the laws already in force. This indicates that the whole country is giving its support to this work and is aiding in securing better methods in regulating the manufacture and sale of articles of food and drugs.

The Nevada law is modeled after the National Food and Drugs Act of June 30th, 1906. The enforcement of the law, including the inspection and analysis of samples, was left to the Agricultural Experiment Station, empowering the director to appoint inspectors and to make rules and regulations to carry out the provisions of this act.

The full text of the law as approved by the Governor follows: An Act for Preventing the Manufacture, Sale or Transportation of Adulterated, Mislabeled or Misbranded, or Poisonous or Deleterious Foods, Drugs, Medicines and Liquors, and for Regulating the Traffic Therein, Providing Penalties, and Making an Appropriation for the Carrying Out of This Act.

(Approved March 13, 1909.)

The People of the State of Nevada, represented in Senate and Assembly, do enact as follows:

SECTION 1. The manufacture, production, preparation, compounding, packing, selling, offering for sale, or keeping for sale within.

the State of Nevada, or the introduction into this State from any other State, Territory, or the District of Columbia, or from any foreign country, of any article of food, drug, or liquor which is adulterated, mislabeled, or misbranded within the meaning of this Act is hereby prohibited. Any person, firm, company, society or corporation who shall import or receive from any other State or Territory, or the District of Columbia, or from any foreign country, or who, having so received, shall deliver for pay or otherwise, or offer to deliver to any other person any article of food, drug, or liquor adulterated, mislabeled or misbranded within the meaning of this Act, or any person who shall manufacture or produce, prepare or compound, or pack or sell or offer for sale, or keep for sale in the State of Nevada any such adulterated, mislabeled or misbranded food, drug or liquor shall be guilty of a misdemeanor; provided, that no article of food shall be deemed adulterated, mislabeled or misbranded within the previsions of this Act, when prepared for export beyond the jurisdiction of the United States and prepared or packed according to specifications or directions of the foreign purchaser, when no substance is used in the preparation or packing thereof in conflict with the laws of the foreign country to which said article is intended to be shipped; but if such foods shall be in fact sold, or kept or offered for sale for domestic uses and consumption, then this proviso shall not exempt said article from the operation of any provision of this Act.

SEC. 2. The term "food," as used in this Act, shall include alı articles used for food, drink, liquor, confectionery, or condiment by man or other animals, whether simple, mixed, or compound.

SEC. 3. The standard of purity of foods, drugs, and liquors shall be that proclaimed by the Secretary of the United States Department of Agriculture.

SEC. 4. Food shall be deemed adulterated within the meaning of this Act, in any of the following cases:

First-If any substance has been mixed or packed, or mixed and packed with the food so as to reduce or lower or injuriously affect its quality, purity, strength, or food value.

Second-If any substance has been substituted wholly or in part for the article of food.

Third-If any essential or any valuable constituent or ingredient of any article of food has been wholly or in part abstracted.

Fourth-If it be mixed, colored, powdered, coated, or stained in any manner whereby danger or inferiority is concealed.

Fifth-If it contain any added poisonous, or other added deleterious ingredient.

Sixth-If it consists in whole or in part of a filthy, decomposed, or putrid animal or vegetable substance, or of any portion of an animal or vegetable unfit for food, whether manufactured or not, or if it consists in whole or in part or is the product of a diseased animal, or one that has died otherwise than by slaughter; provided, that an article of liquor shall not be deemed adulterated, mislabeled, or misbranded if it be blended or mixed with like substances so as not to in

juriously reduce or injuriously lower or injuriously affect its quality, purity, or strength.

Seventh-In the case of confectionery: If it contain terra alba, barytes, talc, chrome yellow, or other mineral substance or poisonous color or flavor, or other ingredient deleterious or detrimental to health, or any vinous, malt or spirituous liquor, or compound or narcotic drug.

SEC. 5. That 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.

SEC. 6. The standard of purity of drugs shall be the United States Pharmacopoeia and National Formulary and the regulations. and definitions adopted for the enforcement of the National Food and Drugs Act of June 30, 1906, shall be adopted by the Nevada Agricultural Experiment Station for the enforcement of this Act.

SEC. 7. Drugs shall be deemed adulterated within the meaning of this Act in any of the following cases:

First-If, when a drug is sold under or by a name recognized in the United States Pharmacopceia or National Formulary, it differs from the standard of strength or purity as determined by the test laid down in the United States Pharmacopoeia or National Formulary official at the time of the investigation; provided, that no drug defined in the United States Pharmacopoeia or National Formulary shall be deemed to be adulterated under this provision if the standard of strength, quality or purity be plainly stated upon the package thereof, although the standard may differ from that determined by the tests laid down in the United States Pharmacopceia or National Formulary.

Second-If the strength or purity fall below the professed standard of purity under which it is sold.

SEC. 8. That the term "misbranded," as used herein, shall apply to all liquors, drugs, or articles of food, or articles which enter into the composition of foods, the package or label of which shall bear any statement, design, or device regarding such article, or the ingredients or substitute contained therein which shall be false or misleading in any particular, into any food product, liquor or drug which is falsely branded as to the county, city, or country, town, State, Territory, District of Columbia, or foreign country in which it is manufactured or produced.

SEC. 9. Food, liquor, and drugs shall be deemed mislabeled or misbranded within the meaning of this act in any of the following

cases:

First-If it be an imitation of or offered for sale under the distinetive name of another article of food, liquor, or drugs.

Second-If it be labeled or colored or branded so as to deceive, mislead, or tend to deceive or mislead the purchaser, or if it be falsely labeled in any respect, or if it purport to be a foreign product, tend to 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