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mercial feeding stuff in bulk to each other by importers, manufacturers or manipulators who mix concentrated commercial feeding stuff for sale, or as preventing the free, unrestricted shipment of these articles in bulk to manufacturers or manipulators who mix concentrated commercial feeding stuff for sale,

[1907] Sec. 16–1009. Rules and regulations.

The state chemist is hereby empowered to prescribe and enforce such rules and regulations relating to concentrated commercial feeding stuff as he may deem necessary to carry into effect the full intent and meaning of this act (Secs. 16–1001— 16–1011),

(1907] Sec. 16–1011. Definition.

The term "concentrated commercial feeding stuff,” as used in this act (Secs. 16–1001–16–1011], shall include linseed meals, cocoanut meals, gluten feeds, gluten meals, germ feeds, corn feeds, maize feeds, dairy feeds, starch feeds, sugar feeds, dried brewers' grains, malt sprouts, dried distillers grains, dried beet refuse, hominy feeds, cerealine feeds, rice meals, rice bran, rice polish, peanut meals, oat feeds, corn and oat feeds, corn bran, wheat bran, wheat middlings, wheat shorts and other mill by. products not excluded in this section, ground beef or fish scraps, dried blood, blood meals, bone meals, tankage, meat meals, slaughter-house waste products, mixed feeds, clover meals, alfalfa meals and feeds, peavine meal, cotton seed meal, velvet meal, sucrine, mixed feeds, and mixed meals made from seeds or grains, and all materials of similar nature used for food for domestic animals, condimental feeds, poultry feeds, stock feeds, patented proprietary or trade and market stock and poultry feeds; but it shall not include straw, whole seeds, unmixed meals made directly from the entire grains of wheat, rye, barley, oats, Indian corn, buckwheat and broom corn, nor wheat flours or other flours. (1907) Burns Statutes Annotated 1933, Vol. 7, Title 35, Ch.

11—Standard Weights for Loaves of Bread. Sec. 35–1109. Standard weights; tolerances; marking requirements; enforcement.

Loaves of bread offered for sale or sold within this state, shall be of the following standard weights and no other, namely: A loaf weighing three-quarters of a pound, a loaf weighing one (1) pound, a loaf weighing one and one-quarter [11/4) pounds, a loaf weighing one and one-half [112] pounds and loaves weighing two [2] pounds, or some whole multiple of one [1] pound. These shall be the standard weights for loaves of bread offered for sale or sold by the loaf, and such bread shall not be offered for sale or sold of other weights. Allowable tolerances and variations shall not exceed one [1] ounce per pound over or one [1] ounce per pound

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under the standard unit weight. Each and every loaf of bread offered for sale or sold shall have affixed thereon, in a conspicuous place, a label upon which shall be plainly and distinctly printed the weight of the loaf stated in pounds or fractions of pounds, or both, as the case may be, together with the business name of the baker or manufacturer. In case of wrapped bread, such information shall be stated upon the wrapper of each loaf in a conspicuous position unobscured by the folds of the wrapper; in the case of unwrapped bread said information shall be stated upon a label no larger than one by one and one-half [1x11/2] inches in size and not smaller than one inch by three-quarters [1x34) of an inch and such label affixed to an unwrapped loaf shall not be affixed in any manner or with any gums or paste which are unsanitary or unwholesome. The weight declaration of the loaf shall be printed on a clear, plain background of a distinctly contrasting color in uncondensed Gothic capital letters of not less than ten [10] point size. It shall be the duty of the commissioner of weights and measures and of the sealers of weights and measures of any city, town or county, or any agent thereof responsible for the enforcement of weights and measures laws and ordinances under regulations prescribed by the commissioner of weights and measures, to enforce the provisions of this section. [1919; last amended 1933.]

1 Now Director, State Division of Weights and Measures; see Ed. note following Sec. 69–103, page

303. Sec. 35–1110. Penalty for violations.

Any person, firm or corporation who shall violate any of the provisions of this act (Secs. 35–1101— 35–1112] shall be subject to a fine of not less than ten dollars ($10.00], nor more than one hundred dollars ($100], and each day's continuance of any practice, act or condition prohibited herein shall constitute a separate offense within the meaning of this act. [1919] Sec. 35–1111. City ordinances.

Except as in this act (Secs. 35–1101-35–1112] provided, no city or town, or any board or officer thereof, shall have power to enact or make any ordinance, law, resolution, rule or order affecting the matters covered by this act. [1919] Acts of 1949, Ch. 157, Art. 5—"Uniform Indiana

Food, Drug, and Cosmetic Act." Sec. 1902. Definitions.

As used in this article, unless the context otherwise requires:

(a) The term “Federal Act” means the Federal Food, Drug, and Cosmetic Act (Title 21 U.S.C. 301 et seq.; 52. Stat. 1040 et seq.) and amendments thereto. Whenever in this article a department or agency of the Federal Government is referred to it shall mean and include any department or agency

Acts of 1949, Ch. 157, Art. 5—“Uniform Indiana or under authority of this article that any word,

Food, Drug and Cosmetic Act”—Continued. statement, or other information appearing on the of the Federal Government to which the duties,

label shall not be considered to be complied with powers or functions may be hereafter transferred

unless such word, statement, or other information or given.

also appears on the outside container or wrapper, (b) The term "intrastate commerce” means any

if any there be, of the retail package of such article, and all commerce within the State of Indiana and

or is easily legible through the outside container subject to the jurisdiction thereof; and includes the

or wrapper. operation of any business or service establishment.

(j) The term "immediate container" does not (c) The term "sale" means any and every sale

include package liners. and includes (1) manufacture, processing, trans

(k) The term "labeling" means all labels and porting, handling, packing, canning, bottling, or

other written, printed, or graphic matter (1) upon any other production, preparation, or putting up;

any article or any of its containers or wrappers, or (2) exposure, offer, or any other proffer; (3) hold

(2) accompanying such article. ing, storing, or any other possession; (4) dispensing,

(1) If an article is alleged to be misbranded giving, delivering, serving, or any other supplying;

because the labeling is misleading, or if an adverand (5) applying, administering, or any other using.

tisement is alleged to be false because it is mislead(d) The term "food" means (1) articles used for

ing, then in determining whether the labeling or food, drink, confectionery or condiment for man;

advertisement is misleading there shall be taken (2) chewing gum, and (3) articles for components

into account (among other things) not only repreof any such article.

sentations made or suggested by statement, word, (e) The term “drug” means (1) articles recog

design, device, sound, or any combination thereof, nized in the official United States Pharmacopoeia,

but also the extent to which the labeling or adverofficial Homeopathic Pharmacopoeia of the United

tisement fails to reveal facts material in the light of States, or official National Formulary, or any sup

such representations or material with respect to plement to any of them; and (2) articles intended consequences which may result from the use of the for use in the diagnosis, cure, mitigation, treatment,

article to which the labeling or advertisement reor prevention of disease in man or other animals;

lates under the conditions of use prescribed in the and (3) articles (other than food) intended to affect

labeling or advertisement thereof or under such the structure or any function of the body of man or

conditions of use as are customary or usual. (1949) other animals; and (4) articles intended for use as a component of any article specified in clause (1), Sec. 1903. Prohibited acts. (2), or (3); but does not include devices or their

The following acts and the causing thereof are components, parts, or accessories.

hereby prohibited: (i) The term "device" (except when used in para- (a) The sale in intrastate commerce of any food, graph “l” of this section and in sections 1903 (h), drug, device, or cosmetic that is adulterated or 1958, 1980, and 2007), means instruments, appa- misbranded ratus, and contrivances, including their compo- (b) The adulteration or misbranding of any nents, parts, and accessories, intended (1) for use in food, drug, device, or cosmetic in intrastate comthe diagnosis, cure, mitigation, treatment, or pre- merce. vention of disease in man or other animals; or (2) (c) The receipt in intrastate commerce of any to affect the structure or any function of the body food, drug, device, or cosmetic that is adulterated of man or other animals.

or misbranded, and the sale thereof in such com(g) The term "cosmetic” means (1) articles in

merce for pay or otherwise. tended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beau

(i) The alteration, mutilation, destruction, oblittifying, promoting attractiveness, or altering the

eration, or removal of the whole or any part of the appearance, and (2) articles intended for use as a

labeling of, or the doing of any other act with component of any such articles; except that such

respect to, a food, drug, device, or cosmetic, if such term shall not include soap.

act is done while such article is held for sale and (h) The term "official compendium" means the

results in such article being misbranded. official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, official (1) The removal or disposal of a quarantined National Formulary, or any supplement to any of article in violation of sections 1921 to and including them.

1934. (i) The term “label" means a display of written, (m) The giving of a guaranty or undertaking in printed, or graphic matter upon the immediate con- intrastate commerce, referred to in section 1918 that tainer of any article; and a requirement made by is false. [1949]

Sec. 1907. Rules and regulations.

The purpose of this article being to promote uniformity with the Federal Act, in safeguarding the public health and in promoting public welfare, the state board (of health) is hereby authorized to adopt, insofar as applicable, the regulations from time to time promulgated by the Federal Security Administrator under the Federal Act. (1949) Sec. 1908. Enforcement.

The state board (of health) shall cause the investigation and examination of food, drugs, devices, and cosmetics subject to this article. (1949) Sec. 1916. Penalties for violations.

Any person who violates any of the provisions of section 1903 shall be guilty of a misdemeanor and shall on conviction thereof be subject to imprisonment for not more than six months or a fine of not less than $10.00 nor more than $1,000.00, or both such imprisonment and fine; and for the second or subsequent offense shall be subject to imprisonment for not more than two years, or a fine of not less than $50.00 nor more than $2,000.00, or both such imprisonment and fine. [1949] Sec. 1917. Violation with intent to defraud; penalty.

Notwithstanding the provisions of section 1916, in case of a violation of any provisions of section 1903 with intent to defraud or mislead, the penalty shall be imprisonment for not more than two years, or a fine of not less than $50.00 nor more than $2,000.00, or both such imprisonment and fine. (1949) Sec. 1918. Guaranty protection.

No person shall be subject to the penalties of section 1916 of this article, for having violated section 1903 (a) or 1903 (c) if he establishes a guaranty or undertaking signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the article, to the effect that such article is not adulterated or misbranded within the meaning of this article or the Federal Act. (1949) Sec. 1921. Embargo.

Whenever a duly authorized agent of the state board finds, or has probable cause to believe, that any food, drug, device, or cosmetic is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of this article, he shall affix to such merchandise a tag or other appropriate marking, giving notice that such merchandise is, or is suspected of being, adulterated or misbranded and has been detained or embargoed for a period of five days in the case of food and for a period of ten days in the case of drugs and cosmetics, and warning all persons not to remove or dispose of such merchan

dise by sale or otherwise until permission for removal or disposal is given by such agent or the court. It shall be unlawful for any person to remove or dispose of such detained or embargoed merchandise by sale or otherwise without such permission. The claimant shall be authorized to destroy the merchandise so detained if such merchandise is destroyed under the supervision of an agent of the state board. When any such agent has found that merchandise so detained or embargoed is not adulterated or misbranded he shall remove the tag or other marking. [1949] Sec. 1922. Same.

When any merchandise detained or embargoed under section 1921 has been found by such agent to be adulterated or misbranded, he shall within five days thereafter cause to be filed a petition in any circuit or superior court or before the judge thereof in vacation in whose jurisdiction the merchandise is detained or embargoed for a libel for condemnation of such merchandise as herein provided. .... [1949]

( Sec. 1938. Minor violations.

Nothing in this article shall be construed as requiring the secretary (of the state board of health] or his authorized agent to report for the institution of proceedings under this article, minor violations of this article, whenever he believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning. (1949) Sec. 1950. Food: Standard of fill of container.

Whenever any definitions or standard of identity, quality or fill of container for any food or class of food are promulgated under authority of the Federal Act or the Federal Meat Inspection Act of 1907, as amended, the state board shall promptly promulgate said definitions and standards for Indiana. Whenever, with regard to any other food or class of food, the state board shall find that such action will promote honesty and fair dealing in the interest of consumers, the state board shall promul. gate regulations fixing and establishing for any such food or class of food a reasonable definition and standard of identity, and a reasonable standard of quality and fill of container.

(1949) Sec. 1956. When food deemed misbranded.

A food shall be deemed to be misbranded: (1) if its labeling is false or misleading in any particular;

(4) if its container is so made, formed, or filled as to be misleading. [1949] Sec. 1957. Same.

A food shall be deemed to be misbranded, if in package form, unless it bears a label containing

(2) an accurate statement of the quantity of the contents in terms of weight, measure, or

*

Acts of 1949, Ch. 157, Art. 5—"Uniform Indiana

Food, Drug, and Cosmetic Act"-Continued. numerical count: Provided, That under clause (2) of this section reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the state board [of health. [1949] Sec. 1958. Same.

A food shall be deemed to be misbranded if any word, statement, or other information required by or under authority of this article to appear on the label or labeling is not prominently placed there. on with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. [1949) Sec. 1960. Same.

A food shall be deemed to be misbranded if it purports to be or is represented as

(2) a food for which a standard or standards of fill of container have been prescribed by regulation as provided by section 1950 and it falls below the standard of fill of container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard. (1949] Sec. 1965. Exempt food.

Food which is, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at an establishment other than the establishment where it was originally processed or packed, is exempted from the affirmative labeling requirements of this article, while it is in transit in intrastate commerce from the one establishment to the other, if such transit is made in good faith for such completion purposes only; but it is otherwise subject to all the applicable provisions of this article. [1949] Sec. 1979. When drug or device deemed misbranded.

A drug or device shall be deemed to be misbranded: (a) if its labeling is false or misleading in any particular, or (b) if in package form unless it bears a label containing

(2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: Provided, That under clause (2) of this section reasonable variation shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the state board (of health]. (1949] Sec. 1980. Same.

A drug or device shall be deemed to be misbranded if any word, statement, or other information required by or under authority of this article to appear on the label or labeling is not prom

inently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. [1949] Sec. 1986. Same.

A drug or device shall be deemed to be misbranded (1) if it is a drug and its container is so made, formed, or filled as to be misleading; (1949) Sec. 1988. Exempt drugs or devices.

A drug or device which is, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at an establishment other than the establishment where it was originally processed or packed, is exempted from the affirmative labeling and packaging requirements of this article, while it is in transit in intrastate commerce from the one establishment to the other, if such transit is made in good faith for such completion purposes only; but it is otherwise subject to all the applicable provisions of this article. (1949) Sec. 2005. When cosmetics deemed misbranded.

A cosmetic shall be deemed to be misbranded if its labeling is false or misleading in any particular. [1949) Sec. 2006. Same.

A cosmetic shall be deemed to be misbranded if in package form unless it bears a label containing

(2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: Provided, That under clause (2) of this section reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the state board (of health]. [1949) Sec. 2007. Same.

A cosmetic shall be deemed to be misbranded if any word, statement, or other information required by or under authority of this article to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

(1949] Sec. 2008. Same.

A cosmetic shall be deemed to be misbranded if its container is so made, formed, or filled as to be misleading. (1949) Sec. 2009. Exempt cosmetics.

A cosmetic which is, in accordance with the practice of the trade, to be processed, labeled, or repacked in substantial quantities at an establishment other than the establishment where it was originally processed or packed, is exempted from the affirmative labeling requirements of this article, while it is in transit in intrastate commerce from the one establishment to the other, if such tra sit is made in good faith for such completion purposes only; but it is otherwise subject to all the applicable provisions of this article. [1949) Burns Statutes Annotated 1933, Vol. 7, Title 35, Ch.

13—Milk and Cream. Sec. 35–1301. Fraudulent manipulation of weights, etc.

It shall be unlawful for any hauler of milk or cream, or other person, or creamery, or other milk plant or agent, receiving milk or cream by weight or test or by weight and test, to fraudulently manipulate the weights of milk or cream of any patron or to take unfair samples thereof, or to fraudulently manipulate such samples. The hauler shall weigh the milk or cream of each patron accurately and correctly to the factory.

When the weighing or sampling of the milk or cream of each patron is done at the creamery, shipping station or other factory, firm, corporation or individual buying and paying for milk or cream on the basis of the butter fat contained therein, the same rule shall apply. [1913] Sec. 35–1302. Standard glassware and accurate scales re

quired; inspection; markings.

Every person, firm, company, association, corporation or agent thereof buying and paying for milk or cream on the basis of the amount of butter fat contained therein as determined by the Babcock test shall use standard Babcock test bottles, pipettes and weights and accurate scales, as defined in section thirteen (35–1312] of this act (Secs. 35-130135–1312), and all Babcock test bottles, pipettes and weights shall have been inspected for accuracy by the Purdue University agricultural experiment station, or its deputy, and shall be legibly and indeliby marked by the said Purdue University agricultural experiment station, or its deputy, with the letters "S. G. P." (Standard Glassware Purdue). No bottle, pipette or weight shall be used for such test unless so examined and marked by the said Purdue University agricultural experiment station. It shall be unlawful for any person, firm, company, association, corporation, or any of their agents, to use any other than standard test bottles, pipettes and weights which have been examined and marked as provided in this section, to determine the amount of fat in milk or cream, bought and paid for on the butter fat basis. [1913] Sec. 35–1303. Unlawful tests.

It shall be unlawful for any person, firm or corporation by himself, or as the officer, servant, agent or employee of any person, firm or corporation,

buying and paying for milk or cream on the basis of the amount of fat contained therein to pay on the basis of any measurement or weight except the true measurement or weight, which is seventeen and six-tenths [17.6] cubic centimeters for milk and nine (9) grams for cream. This section further provides that in all tests the cream shall be weighed into the test bottles. [1913] Sec. 35–1307. Fees for testing glassware.

For all testing glassware inspected by the said Purdue University agricultural experiment station, or its deputy, a fee of three cents [34] shall be paid by the owner of said testing glassware to the said Purdue University agricultural experiment station for every piece of glassware so examined. [1913: last amended 1945.) Sec. 35–1310. Penalties for violations.

Any employee of a firm, company, association, corporation or person, buying and paying for milk or cream on the basis of the amount of butter fat it contains, violating any of the provisions of this act [Secs. 35-1301-35-1312), shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not less than ten dollars ($10.00), nor more than one hundred ($100] dollars, or be imprisoned in the county jail for not less than sixty [60] days nor more than twelve [12] months or both. Any firm, company, association, corporation or person, buying or paying for milk or cream on the basis of the amount of butter fat contained therein, violating any of the provisions of this act, shall be guilty of misdemeanor, and upon conviction thereof shall be fined in the sum of twenty-five dollars ($25.00] for the first offense and in the sum of not less than one hundred dollars ($100], nor more than one thousand dollars ($1,000] for each subsequent offense. [1913; last amended 1945.) Sec. 35–1312. Specifications for standard Babcock glassware

and weights.

The term “Standard Babcock Testing Glassware" shall apply to glassware and weights complying with the following specifications:

(a) Standard Milk Test Bottles.

Graduation: The total per cent graduation shall be eight [8). The graduated portion of the neck shall have a length of not less than sixty-three and five-tenths (63.5] mm. (two and one-half [21/2] inches). The graduation shall represent whole per cent, five tenths per cent, and tenths per cent. The tenths per cent graduations shall not be less than three [3] mm. in length; the five-tenths per cent graduations shall be one [1] mm. longer than the tenths per cent graduatons, projecting one [1] mm. to the left; the whole per cent graduation shall extend one-half way around the neck to the right and projecting two [2] mm. to the left of the tenths per cent graduations. Each per cent graduation

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