deceive or mislead nor tend to deceive or mislead a purchaser, and not misbranded and not of the character included within the definitions one and four of this section.

Sixth-In the case of drugs: If its package or label shall bear any statement, design, or device regarding the curative or therapeutic effects of such article which is false or fraudulent.

SEC. 10. The term "package, as used in this Act, shall be construed to include any phial, bottle, jar, demijohn, carton, bag, case, can, box or barrel, or any receptacle, vessel or container of whatsoever material or nature which can be used by a manufacturer, producer, jobber, packer or dealer, for enclosing any article of food.

SEC. 11. The possession of any adulterated, mislabeled or misbranded article of food, liquor or drug by any manufacturer, producer, jobber, packer or dealer in food, liquor or drugs, or by any broker, commission merchant, agent, employee, or servant of any such manufacturer, producer, jobber, packer or dealer, shall be prima facie evidence of the violation of this Act.

SEC. 12. The Board of Control of the Nevada Agricultural Experiment Station' shall designate and appoint for the enforcement of this Act a Commissioner and such other agent or agents as it may deem necessary, and the Sheriffs of the respective counties of the State are hereby appointed and constituted agents for the enforcement of this Act.

SEC. 13. The Nevada Agricultural Experiment Station shall make examination and analysis of food products, liquors and drugs, on sale in Nevada, suspected of being adulterated, mislabeled or misbranded at such times and places and to such extent as the said Commissioner, with the approval of the Board of Control, may determine, and the said Commissioner shall make uniform rules and regulations for the carrying out of the provisions of this Act, and such Commissioner, agent or agents and Sheriffs shall have free access at all reasonable hours for the purpose of examining into any place wherein it is suspected any article of food, drug, or liquor adulterated with any deleterious or foreign ingredient or ingredients exists, and such Commissioner, agents or Sheriffs, upon tendering the market price of said article, if a sale be refused, may take from any person, firm or corporation samples of any articles suspected of being adulterated as aforesaid, and the Board of Control of the said Experiment Station may adopt and affix standards of purity, quality or strength when such standards are not specified or fixed by statute.

SEC. 14. The said Commissioner, with the approval of the Board of Control of the said Experiment Station, shall make uniform rules and regulations for the sanitary inspection of any place where food, drugs or liquors are prepared, sold, or offered for sale. If, in the opinion of said Commissioner, or other agent of said Experiment Station, after an investigation of any place where foods, drugs or liquors are prepared, sold or offered for sale, the same is operated in an unclean or unsanitary manner, the Commissioner or other agent shall notify in writing the person operating such place, to put the same in a clean and sanitary condition within a reasonable time, to be stated in said notice. Any authorized agent shall have the power, when inspecting any place where foods, drugs or liquors are prepared, sold or offered for sale, to order the use of any bottle, can or other utensil which is in an unclean or unsanitary condition discontinued, until such can, bottle or other utensil is

1See Chapter 98, sec. 5, Stats. 1915, p. 115.

thoroughly cleaned and put in sanitary condition. Any person or persons failing to comply with the order of the Commissioner or other authorized agent, shall be guilty of a misdemeanor and subject to the penalties as provided for in this Act.

SEC. 15. When an agent or Sheriff shall obtain by purchase or otherwise a sample of suspected adulterated, mislabeled or misbranded food, drug or liquor, the said sample shall be sealed by the agent or Sheriff with a seal provided for that purpose and shall be sent or taken to the Nevada Agricultural Experiment Station for examination and analysis; but if the person from whom such sample was 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 two samples of the articles taken. One sample shall be delivered to the party from whom procured and the other sample shall be sent or taken to the Nevada Agricultural Experiment Station for examination and analysis. The analyst making the examination and analysis shall report to the said Commissioner a certificate of findings and such certificate shall be admitted in evidence in all courts of this State and shall be prima facie evidence of the truths of the facts contained therein.

SEC. 16. It is hereby made the duty of the Sheriff of any county of this State, on presentation to him of a verified complaint of the violation of any of the provisions of this Act, at once to obtain a sample of the suspected adulterated, mislabeled or misbranded food, liquor or drug complained of, in such manner, and dispose of the same as prescribed in section 15 of this Act.

SEC. 17. For his services hereunder the said Sheriff shall be allowed the same fees for travel allowed by law to Sheriffs on service of criminal process, together with such other compensation as by the Board of County Commissioners of his county may be deemed reasonable, and all amounts expended by him in procuring and transmitting the said samples, which fees and amounts expended shall be audited and allowed by the said Commissioners and paid by his said county as other bills of said Sheriff. SEC. 18. It shall be a misdemeanor for any person to refuse to sell to any Sheriff or other agent of the Nevada Agricultural Experiment Station, any sample of food, liquor or drug upon tender of the market price, or to conceal any such food, liquor or drug from such officer, or to withhold from him information where such food, liquor or drug is kept or stored. Any such person so refusing to sell, or concealing such food, liquor or drug, or withholding such information from said officer shall be deemed guilty of a misdemeanor and shall upon conviction thereof be punished by a fine not exceeding five hundred dollars or imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

SEC. 19. When it shall appear from any such examination or analysis made by an analyst of the Nevada Agricultural Experiment Station that such sample of food, liquor or drug is adulterated, mislabeled or misbranded within the meaning of this Act, the said Commissioner shall furnish a notice of the fact, together with a copy of the certificate of findings, by registered mail, to the party or parties from whom the sample was obtained or who executed the guarantee as provided for in this Act, and a date, hour and place shall be fixed by said Commissioner at which said party or parties may be heard before him, under such rules and regulations as may be prescribed by said Commissioner. The receipts of the

Postoffice Department for such registered notice shall be received as prima facie evidence that such notice has been given. Parties interested therein may appear in person or by attorney and may propound interrogatives and submit oral or written evidence to show any fault or error in the findings of the analyst or examiner. If the examination or analysis be found correct or if the party or parties fail to appear at such hearing after notice duly served, as provided herein, the Commissioner shall forthwith transmit a certificate of the facts so found to the District Attorney of the county in which said adulterated, misbranded or mislabeled food, liquor or drug was found. No publication as in this Act provided shall be made until after said hearing is concluded.

SEC. 20. That no dealer shall be prosecuted under the provisions of this Act when he can establish a guarantee signed by the wholesale jobber, manufacturer or other party from whom he purchased such article, to the effect that the same is not adulterated, mislabeled or misbranded within the meaning of this Act, designating it. Said guarantee, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to dealers, and in such cases the party or parties shall be amenable to the prosecution, fines and other penalties which would attach, in due course to the dealer under the provisions of this Act.

SEC. 21. It shall be the duty of said Commissioner, whenever he has satisfactory evidence of the violation of any of the provisions of this Act, respecting the adulteration, mislabeling or misbranding of foods, liquor or drugs, to report such facts to the District Attorney of the county where the law is violated.

SEC. 22. It shall be the duty of the District Attorney to prosecute all violations of the provisions of this Act occurring within his county and which shall be reported to him under the provisions of this Act.

SEC. 23. Said Commissioner shall keep a record of adulterated, mislabeled or misbranded foods, liquors or drugs, in which record shall be included a list of cases examined by said Experiment Station in which violations were found, and a list of the articles found adulterated, mislabeled or misbranded and the names of the manufacturers, producers, jobbers and sellers. Said record, or any parts thereof, may, in the discretion of the Commissioner, be included in the annual report which the said Commissioner is hereby authorized to make to the Governor. The said Commissioner may, in his discretion, publish any part of said record in the bulletins, circulars and reports which he may publish from time. to time.

SEC. 24. The Governor of the State, with the Nevada Agricultural Experiment Station, shall cooperate with the Government of the United States for carrying out the purposes of this Act, and the said Experiment Station may appoint, in writing, any inspector or employee of the United States Department of Agriculture as State Pure Food Agent in carrying out the provisions of this Act, when in their judgment it may be proper or necessary, who shall have and may exercise the powers of state agents. But no inspectors and employees of the United States Department of Agriculture shall be paid for their services by the State of Nevada, or any county in this State.

SEC. 25. Any person, firm, company, or corporation violating any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding five hundred dollars,

or shall be imprisoned in the county jail for a term not exceeding six months, or by both such fine and imprisonment. Foods found to be adulterated, mislabeled or misbranded within the meaning of this Act, may, by order of any court or judge, be seized and destroyed.

SEC. 26. When construing and enforcing the provisions of this Act, the act, omission or failure of any officer, agent or other person acting for or employed by any corporation, company, society or association within the scope of his employment or office, shall in every case be also deemed to be the act, omission or failure of such corporation, company, society or association as well as that of the person.

SEC. 27. All Acts and parts of Acts in conflict with or inconsistent with this Act are hereby repealed.

An Act to punish and prevent deception in the manufacture and sale of butter.

SECTION 1. Every person who shall manufacture for sale any article or substance in semblance of butter, that is not the legitimate product of the dairy, and not made exclusively of milk or cream, but into which the oil or fat of animals, not produced from milk, enters as a component part, or into which melted butter, or any oil thereof has been introduced, to take the place of cream, unless the package containing such article or substance shall be labeled or branded with the word "oleomargarine, as provided for in section 2 of this Act, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in any sum not exceeding five hundred dollars, and shall be confined in the county jail not less than thirty days nor more than six months.

SEC. 2. Every person who shall sell, or offer, or expose for sale, or have in his or her possession with intent to sell any of the said article or substance mentioned in section 1 of this Act shall distinctly mark, brand or label every package containing such substance, whether at wholesale or retail, with the word "oleomargarine, and every person who shall sell, or offer for sale, such substance not so branded, marked or labeled shall be guilty of a misdemeanor, and, upon conviction thereof in any court in this State having cognizance thereof, shall pay a fine of not less than twenty-five dollars nor more than one hundred dollars for each and every offense.

SEC. 3. The branding or marking spoken of in this Act, if on rolls or prints, shall be in letters not less than one-fourth of an inch square, and if on tubs or other packages, the letters shall not be less than onehalf inch square.

An Act to prevent the adulteration of milk; and to prevent traffic in impure and unwholesome milk.

SECTION 1. Any person or persons who shall knowingly sell or exchange, or dispose for sale or exchange, any impure, adulterated or unwholesome milk, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than one hundred dollars for each and every offense; and if the fine is not paid, then said person or persons so convicted shall be imprisoned, in the county jail, for not less than thirty days.

SEC. 2. Any person or persons who shall adulterate milk, with the view of offering the same for sale or exchange, or shall keep cows for the production of milk for market, or for sale or exchange, in a crowded or unhealthy condition, or feed the same on food that produces impure, diseased or unwholesome milk, or who shall sell or exchange or offer to sell or exchange any milk as pure, from which the cream or any portion thereof has been taken, except as hereinafter provided, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than one hundred dollars for each and every offense; and if the fine is not paid, the person or persons so convicted shall be imprisoned, in the county jail, for not less than thirty days.

SEC. 3. The addition of water or any substance is hereby declared an adulteration; any milk that is obtained from animals that are fed on distillery, brewery, hotel, or restaurant waste, usually called "swill, or upon any substance in a state of putrefaction, or upon impure matter from stalls and stables, is hereby declared to be impure and unwholesome, and any person or persons offending, as aforesaid, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by a fine of not less than one hundred dollars for each and every offense; and if the fine is not paid, the person or persons so convicted shall be imprisoned, in the county jail, for not less than thirty days.

SEC. 4. Nothing in this Act shall be construed to prevent the sale of skimmed milk, provided the person or persons selling the same shall first make known the fact that it is skimmed milk, and shall sell it as such, and any person or persons who shall violate the provisions of this section shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be subject to the penalties prescribed in section 2 of this Act.

WEIGHTS AND MEASURES LAW OF NEVADA

An Act concerning and fixing standard weights and measures and to regulate the sale of commodities or articles of merchandise according to such standards, and to provide fines, penalties and damages for the violation thereof, and for rules of evidence relating thereto; and to provide for the inspection of weights, measures, and weighing and measuring devices, and for the enforcement thereof, and making an appropriation for the carrying out of this Act.

SECTION 1. The standard weights and measures as have been adopted by the Government of the United States of America, and such weights, measures, balances, and measuring devices as heretofore have been, or hereafter may be, furnished this State by the United States, as standard weights, measures, balances, and measuring devices, shall be the legal standard of weights and measures throughout the State of Nevada. This section shall not prevent the use of the weights and measures of the metric system, authorized by Congress of the United States, as it appears in the Revised Statutes of the United States.

SEC. 2. The unit of standard measure of length and surface, from which all other measures of extension, whether lineal, superficial or solid, shall be derived and ascertained, is the standard yard, adopted by the Government of the United States. The yard shall be divided into three equal parts, called feet, and each foot into twelve equal parts,