FOODS AND FOOD CONTROL-II.

Revised to July 1, 1905.

II. Laws of Delaware, the District of Columbia, the Dominion of Canada Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, and Iowa, a

DELAWARE.

No officer is charged with the enforcement of these laws, with the exception of the inspectors of breadstuffs and the board of agriculture, whose duties are given on pages 100 and 103:

BREADSTUFFS.

SEC. 1. Definition of "bushel." When wheat, or Indian corn, is sold by the bushel, and there is no special agreement as to the measurement, or weight thereof, the bushel shall consist of sixty pounds of wheat and fifty-six pounds of corn.

SEC. 2. Quality and size of receptacles for exportation. All casks for the exportation of breadstuffs shall be made of good seasoned materials, well hooped and nailed, and shall be of the following sizes, viz: No. 1, 27 inches long, 16 inches diameter at te head, and to contain 196 pounds; No. 2, 223 inches long, 12 inches diameter, and to contain 98 pounds; and if any person shall export from Newcastle County to any foreign port, or place beyond the United States, or shall sell for such exportation, any wheat flour, rye flour, or middlings of wheat, packed in casks made of unseasoned materials, or of other dimensions, or of less weight per cask than these, respectively, he shall forfeit and pay to the flour inspector forty cents per cask, and shall have remedy over for damages against the miller, or cooper, who furnished the same.

Indian corn meal made from corn sufficiently kiln-dried shall be packed for exportation from Newcastle County, or from Middleford, or Seaford, in Sussex County, to any foreign port, or any port in the United States where there are no inspection laws, in strong, tight hogsheads, made of good seasoned white or red oak, well hooped and secured-the staves 41 inches long, 27 inches diameter at the head, and to contain 800 pounds net, or in casks 26 inches long, 16 inches diameter, and to contain 196 pounds, or in half barrels 22 inches long, 121⁄2 inches diameter, and to contain 98 pounds, under the same penalty herein provided for flour, except that wheat flour, or kiln-dried Indian corn meal, may be exported in sacks, or packages if inspected and passed, and the same fees paid for inspection as in proportion for barrels.

SEC. 3. Branding of receptacles for exportation. Each miller shall brand, or mark, with his own name, or some name by which it may be distinguished as his, every cask, or hogshead, of breadstuff manufactured by him (for exportation), and mark the kind and quality, and weight, tare and net, under penalty of twenty cents for each cask, or hogshead, not branded, to any one who will sue for the same; and if any person shall mark a false weight, or wrong tare, to the disadvantage of the purchaser, he shall forfeit and pay to the inspector one dollar for each cask, or hogshead, so falsely branded.

a In this compilation the Statutes are followed literally, except as regards punctuation and capitalization.

SEC. 4. Quality of wheat flour. All wheat flour manufactured for sale, or exportation, shall be merchantable, and of due fineness, without mixture.

SEC. 5. Inspectors. The governor shall appoint a flour inspector who shall reside in the city of Wilmington, and another who shall reside in or near Middleford or Seaford, who shall appoint the necessary deputies. Each inspector, or deputy, shall be duly sworn or affirmed, and shall hold his office for four years.

SEC. 6. Inspection before exportation. No person shall ship, or load, for exportation from Newcastle County to any foreign port, or to any port in the United States where there are no inspection laws, any superfine or common flour, or middlings, or any rye flour, or Indian corn meal, before the same is duly inspected.

SEC. 7. Details of inspection, costs, etc. The inspector shall try the packing and quality, by boring and piercing; or, if necessary, by unpacking. If on unpacking the quantity be found insufficient, the miller shall pay all charges of packing and repacking, besides the penalty aforesaid, otherwise the inspector shall pay such charges, or the purchaser, if done at his request.

If the flour be "superfine," he shall stamp the plug with the letters "S. D.;" if inferior to superfine, but good merchantable common flour, he shall scratch and erase the superfine brand and stamp the plug with the letters "C. D.;" if below that quality, he shall condemn the same as unfit for exportation and shall mark it with a circle and cross in red chalk. "Middlings," "fine rye flour," "rye flour," and "kiln-dried corn meal" shall be in like manner inspected and marked or condemned, and scratched, according to the quality thereof.

The fee for inspection shall be one cent for each cask or barrel, and three cents for each hogshead, to be paid by the person exporting or intending to export the same, whether approved or condemned.

SEC. 8. Disputed decisions. In case of dispute concerning the inspection, any judge of the State shall, on application, appoint three proper triers to examine such breadstuff and report to him its quality and condition, and their report shall be final. If their report sustain the inspector, the other party shall pay the triers fifty cents each; if otherwise, the inspector shall pay them and shall pass the breadstuff inspected as merchantable.

SEC. 9. Obligations of inspectors; fines. The inspector, or his deputy, shall, when required, go on board any vessel within ten miles of Wilmington, Newcastle, or Port Penn, Middleford, or Seaford, to inspect more than fifty casks, under penalty of forfeiting thirty dollars to anyone who will sue for the same.

No such inspector, or deputy, shall deal in any flour by buying, selling, or bartering the same other than superfine flour, under penalty of forfeiting one hundred dollars.

SEC. 10. False branding. If any person shall falsely brand any breadstuff, after inspection with design to evade the inspection, or shall knowingly and fraudulently ship the same with said false brand, he shall forfeit and pay one hundred dollars, and every cask, or hogshead, so falsely and fraudulently branded, shall be forfeited to the State, and may be seized by the inspector, or deputy, one-half to his own use; and if any person shall brand, or make the mark of the superfine, common, or middlings, on any cask of flour after it shall have been taken from the mills, and before it shall have been inspected and allowed as such by the inspector, such person shall forfeit and pay twenty cents to any person who will sue for the same.

SEC. 11. Adulterated flour; inspection obligatory. If any flour, branded “superfine" or "common," shall be found, on inspection, to contain corn meal, or other mixture and adulteration, it shall be forfeited to the State, and may be seized as aforesaid, one-half to the inspector's use.

In case of any seizure he shall sell the same, after ten days' notice in one or more newspapers of the State, at public vendue; and shall pay over one-half the proceeds to the State treasurer within thirty days thereafter.

(That all superfine or common flour, middlings, rye flour, and Indian corn meal, offered for sale and sold for consumption in the city of Wilmington shall be first duly inspected, and any person violating the provisions of this act, shall pay to the flour inspector of the city of Wilmington, for the use of the State, the sum of five cents for each barrel, and ten cents for each hogshead of corn meal, middlings, or rye flour, so sold without inspection, to be recovered as like amounts are by the laws of this State recoverable.)

Revised Code, 1852-1893, pp. 542-544.

SEC. 1. Weight of flour or other grain meal to be put on bag or package. That on and after the first day of April, 1899, after this act becomes a law, each and every bag, package, parcel, or box of flour or grain meal of any kind exposed or offered for sale to consumers in this State shall have marked or printed prominently, distinctly, and conspicuously thereon the correct and exact weight in avoirdupois of the flour or other grain meal contained in such bag, package, parcel, or box.

SEC. 2. Violation; misdemeanor; penalty. That on and after the first day of April aforesaid it shall be unlawful for any person or persons, firm or firms, corporation or corporations to offer or expose for sale any bag, package, parcel, or box of flour or any kind of grain meal unless the same has printed or marked thereon as aforesaid the exact and correct weight as aforesaid. Every person or firm or firms violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction thereof shall forfeit and pay a fine of twenty-five dollars, besides the cost of suits.

SEC. 3. False weight; penalty. That if on and after the first day of April aforesaid any person or persons, firm or firms, corporation or corporations shall print or mark the weight of flour or other grain meal on any such bag, package, parcel, or box as aforesaid falsely or incorrectly or in any way to deceive the public, such person or persons, firm or firms, corporation or corporations shall, upon conviction thereof, forfeit and pay a fine of twenty-five dollars, besides the costs of suit.

Approved February 23, 1899. Laws of Delaware, 1899, vol. 21, p. 440.

BUTTER.

SEC. 1. Sale of imitation butter. No person, by himself or his agents or servants, shall render or manufacture, sell, offer for sale, expose for sale, or have in his possession with intent to sell, any article, product, or compound made wholly or partly out of any fat, oil, or oleaginous substance or compound thereof, not produced from unadulterated milk or cream from the same which shall be in imitation of yellow butter produced from pure unadulterated milk or cream of the same; provided, that nothing in this act shall be construed to prohibit the manufacture or sale of oleomargarine in a separate and distinct form and in such manner as will advise the consumer of its real character, free from coloration or ingredient that causes it to look like butter.

But when any person exposes for sale in this State oleomargarine, butterine, or any substance made in imitation or semblance of pure butter, such person shall have conspicuously upon or across the surface of the exposed contents of every open tub, package, or parcel thereof a placard with the words "oleomargarine," "butterine," or whatever the name of the contents of the package may be, printed thereon in plain uncondensed Gothic letters not less than one inch long.

If any person shall violate any of the provisions of this section he shall be deemed guilty of a misdemeanor and be punishable in the court of general sessions of the peace and jail delivery, as hereinafter provided.—As amended March 9, 1901. Laws of 1901, ch. 161, p. 247.

SEC. 2. Sampling of suspected products, their analysis, etc. If any person shall

make complaint in writing, verified by oath or affirmation before any justice of the peace, alleging that the complainant has probable cause to suspect, and does suspect and believe that any other person by himself or his agents or servants, has rendered or manufactured, sold, offered, or exposed for sale, or has in his possession with intent to sell any article, product, or compound made as aforesaid in imitation of yellow butter produced as aforesaid, and shall in said complaint describe such article, product, or compound as particularly as may be, and designate the house or place where complainant suspects and believes such article, product, or compound is, and the name of the person suspected, as aforesaid, thereupon such justice of the peace may within the limits of his jurisdiction issue his warrant to search such house or place. Such warrant shall be directed to any officer or to any other person by name for service, and shall recite the essential facts alleged in the complaint, and the officer or other person to whom it shall be directed for service, as aforesaid, shall proceed thereunder as follows:

He may enter the house or place designated and if he shall find therein what he believes to be any article, product or compound made as aforesaid in imitation of yellow butter produced as aforesaid, he shall take therefrom a sample or samples thereof for the purpose of having the same analyzed or tested as hereinafter provided, and to obtain such sample or samples such officer or other person to whom such warrant shall be directed as aforesaid may open any can, vessel or package by him believed to contain such imitation article, product or compound and take therefrom the sample or samples for the purpose aforesaid. The said officer or other person to whom such warrant shall be directed as aforesaid when so taking a sample or samples of such alleged imitation article, product or compound as aforesaid, shall then and there divide said sample into two parts as nearly equal as may be, wrap said packages in separate packages, then and there seal the same and offer one of said parts to the person in whose custody the said article was when taken, with a written notice of the time, place and date, when and where said sample was so taken and that it was taken for the purpose of analyzing or testing it. The other part of said sample shall, together with a copy of the written notice last above mentioned, be delivered by said officer, or other person to whom said warrant shall be directed as aforesaid, to the State chemist, who shall cause the same to be analyzed or otherwise satisfactorily tested, the result of which analysis or test he shall record and preserve as evidence.

The said officer or other person to whom said warrant shall be directed as aforesaid shall, within one week next ensuing such delivery to the State chemist as aforesaid, return said warrant with his proceedings thereunder and his cost and actual expenses endorsed thereon to the said justice of the peace, the said costs to correspond in amount as nearly as may be with the costs to which an officer serving a search warrant would thereby be entitled to.

The said sample having been delivered to the State chemist as aforesaid, he shall with all convenient speed analyze or test the same, and upon the completion thereof shall forward to the attorney-general a certificate of the result thereof, duly verified by oath or affirmation, and such certificate so verified shall be admitted as evidence before the grand or petit juries in any prosecutions under this act.

SEC. 3. Penalty. That if any person shall be convicted of a violation of any of the provisions of section 1 of this act he shall forfeit and pay to the State of Delaware a fine of not less than fifty dollars nor more than two hundred and fifty dollars, or be imprisoned for a term not exceeding one year, and shall pay the cost of prosecution, among which shall be taxed the costs of the said justice of the peace and the costs and actual expenses endorsed upon said warrant and the charge of the State chemist, whose charge shall not in any one case exceed the sum of twenty dollars. In case of failure to convict, the charge of the State chemist and the costs of said justice of the peace and the costs and actual expenses endorsed upon said warrant as aforesaid shall be paid by the county in which the prosecution is conducted; provided, that