STATUTES OF MASSACHUSETTS 
/ RELATIVE TO THE 
HUH OF FOOD ffl DRUGS. 
PUBLISHED BY THE . - ' 
STATE BOARD OF HEALTH, LUNACY, AND CHARITY, 
HEALTH DEPARTMENT, 
October, 1884. 
BOSTON: 
WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 
18 Post Office Square. 
1884. STATUTES OF MASSACHUSETTS 
RELATIVE TO THE 
ADULTERATION OF FOOD AND DRUGS. 
PUBLISHED BY THE 
STATE BOARD OF HEALTH, LUNACY, AND CHARITY, 
HEALTH DEPARTMENT, 
October, 1884. 
BOSTON: 
WRIGHT & POTTER PRINTING CO., STATE PRINTERS, 
18 Post Office Square. 
1884. GENERAL LAWS 
RELATIVE TO 
ADULTERATION. 
FOOD AND DRUGS. 
1. No person shall, within this Commonwealth, manu- 
facture for sale, offer for sale or sell any drug or article 
of food which is adulterated within the meaning of this 
act. 
2. The term " drug" as used in this act shall include 
all medicines for internal or external use, antiseptics, 
disinfectants and cosmetics. The term "food" as used 
herein shall include all articles used for food or drink by 
man. 
3. An article shall be deemed to be adulterated within 
the meaning of this act, - 
(a.) In the case of drugs,-(1.) If, when sold under 
or by a name recognized in the United States Pharma- 
copoeia, it differs from the standard of strength, quality 
or purity laid down therein, unless the order calls for 
an article inferior to such standard, or unless such differ- 
ence is made known or so appears to the purchaser at the 
time of such sale. (2.) If, when sold under or by a 
name not recognized in the United States Pharmaco- 
poeia but which is found in some other pharmacopoeia, or 
other standard work on materia medica, it differs materially 
from the standard of strength, quality or purity laid down 
Adulteration 
prohibited. 
1882, 263, § 1. 
Definition of 
terms "drug" 
and " food." 
1882, 263, § 2. 
Drugs, how 
adulterated. 
1882, 263, § 3. 
Specifications. 
Officinal drugs 
may be sold as 
called for, or as 
variation is 
made known to 
the purchaser. 
1884, 289, § 7. 4 
Adulteration of Food and Drugs, 
in such work ; (3.) If its strength or purity falls below the 
professed standard under which it is sold : 
(6.) In the case of food,-(1.) If any substance or sub- 
stances have been mixed with it so as to reduce, or lower, 
or injuriously affect its quality or strength; (2.) If any 
inferior or cheaper substance or substances have been 
substituted wholly or in part for it; (3.) If any valuable 
constituent has been wholly or in part abstracted from it; 
(4.) If it is an imitation of, or is sold under the name of, 
another article ; (5.) If it consists wholly or in part of a 
diseased, decomposed, putrid or rotten animal or vegetable 
substance, whether manufactured or not, or, in the case 
of milk, if it is the produce of a diseased animal; (6.) If 
it is colored, coated, polished or powdered, whereby dam- 
age is concealed, or if it is made to appear better or of 
greater value than it really is; (7.) If it contains any 
added poisonous ingredient, or any ingredient which may 
render it injurious to the health of a person consuming it. 
4. The provisions of this act shall not apply to mix- 
tures or compounds recognized as ordinary articles of 
food or drinks, provided that the same are not injurious 
to health, and are distinctly labelled as mixtures or 
compounds. And no prosecutions shall at any time be 
maintained under said act concerning any drug the 
standard of strength or purity whereof has been raised 
since the issue of the last edition of the United States 
Pharmacopoeia, unless and until such change of standard 
has been published throughout the Commonwealth. 
5. The state board of health, lunacy and charity 
shall take cognizance of the interests of the public health 
relating to the sale of drugs and food and the adultera- 
tion of the same, and shall make all necessary investi- 
gations and inquiries in reference thereto, and for these 
purposes may appoint inspectors, analysts and chemists, 
who shall be subject to its supervision and removal. 
Within thirty days after the passage of this act the said 
board shall adopt such measures as it may deem necessary 
Food, how adul- 
terated. 
Specifications. 
Provisions of 
act not to apply 
to labelled com- 
pounds or mix- 
tures when not 
injurious to 
health. 
No prosecution 
to be made rela- 
tive to drugs, if 
standard of 
same has been 
raised since the 
issue of the last 
edition of the 
Pharmacopoeia 
until such 
change has 
been published. 
1884, 289, § 5. 
State board 
shall make in- 
vestigations and 
may appoint 
inspectors, ana- 
lysts and chem- 
ists. 
1882, 263, § 5. 
The board shall 
make regula- 
tions as to col- 
lecting and ex- Adulteration of Food and Drugs. 
5 
to facilitate the enforcement hereof, and shall prepare 
rules and regulations with regard to the proper methods 
of collecting' and examining drugs and articles of food. 
Said board may expend annually an amount not exceeding 
ten thousand dollars for the purpose of canning out the 
provisions of this act: provided, however, that not less 
than three-fifths of said amount shall be annually ex- 
pended for the enforcement of the laws against the adul- 
teration of milk and milk products. 
6. Every person offering or exposing for sale, or 
delivering to a purchaser, any drug or article of food 
included in the provisions of this act, shall furnish to any 
analyst or other officer or agent appointed hereunder, who 
shall apply to him for the purpose and shall tender him 
the value of the same, a sample sufficient for the purpose 
of the analysis of any such drug or article of food which 
is in his possession. 
7. Whoever hinders, obstructs, or in any way in- 
terferes with any inspector, analyst, or other officer ap- 
pointed hereunder, in the performance of his duty, and 
whoever violates any of the provisions of this act, shall 
be punished by a fine not exceeding fifty dollars for the 
first offence, and not exceeding one hundred dollars for 
each subsequent offence. 
8. The state board of health, lunacy and charity 
shall report annually to the legislature the number of 
prosecutions made under said chapter, and an itemized 
account of all money expended in carrying out the pro- 
visions thereof. 
9. An inspector appointed under the provisions of 
said chapter two hundred and sixty-three of the acts of 
the year eighteen hundred and eighty-two shall have 
the same powers and authority conferred upon a city or 
town inspector by section two of chapter fifty-seven of 
the Public Statutes. 
10. Nothing contained in chapter two hundred and 
° 1 1 
sixty-three of the acts of the year eighteen hundred and ! 
amining of food 
and drugs, and 
may expend 
ten thousand 
dollars in carry- 
ing out the pro- 
visions of this 
act. 
1882, 263, § 5. 
Three-fifths to 
be expended in 
relation to milk 
and its products. 
1884, 289, § 1. 
Samples to be 
furnished to offi- 
cers or agents. 
1882, 263, § 6. 
Obstruction and 
its penalty. 
1882, 263, § 7. 
State board to 
report prosecu- 
tions and money 
expended. 
1883, 263, § 2. 
1884, 289, § 2. 
Powers of in- 
spectors. 
1884, 289, § 3. 
Act of 1882 does 
not affect chap- 
ter 57 of the 
Public Statutes. 
1884, 289, § 4. 6 
Adulteration of Food and Drugs. 
eighty-two shall be in any way construed as repealing 
or amending anything contained in chapter fifty-seven of 
the Public Statutes. 
11. Before commencing the analysis of any sample 
the person ifiaking the same shall reserve a portion which 
shall be sealed; and in case of a complaint against any 
person the reserved portion of the sample alleged to be 
adulterated shall upon application be delivered to the 
defendant or his attorney. 
12. Whoever knowingly sells any kind of diseased, 
corrupted, or unwholesome provisions, whether for meat 
or drink, without making the same fully known to the 
buyer, shall be punished by imprisonment in the jail 
not exceeding six months, or by fine not exceeding two 
hundred dollars. 
13. Whoever fraudulently] adulterates, for the pur- 
pose of sale, bread or any other substance intended for 
food, with any substance injurious to health, or knowingly 
barters, gives away, sells, or has in possession with intent 
to sell, any substance intended for food, which has been 
adulterated with any substance injurious to health, shall 
be punished by imprisonment in the jail not exceeding 
one year, or by fine not exceeding three hundred dollars ; 
and the articles so adulterated shall be forfeited, and 
destroyed under the direction of the court. 
14. Whoever adulterates, for the purpose of sale, any 
liquor used or intended for drink, with Indian cockle, 
vitriol, grains of paradise, opium, alum, capsicum, cop- 
peras, laurel-water, logwood, Brazil wood, cochineal, 
sugar of lead, or any other substance which is poisonous 
or injurious to health, and whoever knowingly sells any 
such liquor so adulterated, shall be punished by imprison- 
ment in the state prison not exceeding three years ; and 
the articles so adulterated shall be forfeited. 
15. Whoever fraudulently adulterates, for the pur- 
pose of sale, any drug or medicine, or sells any fraudu- 
lently adulterated drug or medicine, knowing the same to 
Samples to be 
sealed for bene- 
fit of defendant. 
1884, 289, § 8. 
Selling corrupt 
or unwholesome 
provisions with- 
out notice. 
Public Statutes 
chap. 208, § 1. 
12 Cush. 499. 
Adulterating 
food. 
Public Statutes, 
chap. 208, § 3. 
Adulterating 
liquor used for 
drink, -with In- 
dian cockle, etc. 
Public Statutes, 
chap 208, § 4. 
Adulteration of 
drugs or medi- 
cines. 
Public Statutes, 
chap. 208, § 5. Adulteration of Food and Drugs. 
7 
be adulterated, shall be punished by imprisonment in the 
jail not exceeding one year, or by fine not exceeding four 
hundred dollars; and such adulterated drugs and medi- 
cines shall be forfeited, and destroyed under the direction 
of the court. 
16. Whoever sells arsenic, strychnine, corrosive sub- 
limate, or prussic acid, without the written prescription 
of a physician, shall keep a record of the date of such 
sale, the name of the article, the amount thereof sold, 
and the name of the person or persons to whom de- 
livered ; and for each neglect shall forfeit a sum not 
exceeding fifty dollars. Whoever purchases deadly poi- 
sons as aforesaid, and gives a false or fictitious name to 
the vendor, shall be punished by fine not exceeding fifty 
dollars. 
Persons selling 
certain poisons 
to keep record, 
etc. 
Purchasers who 
give false name, 
etc. 
Public Statutes, 
chap. 208, § 6. 8 
Adulteration of Food and Drugs, 
L AW S 
RELATIVE TO 
SPECIAL ARTICLES OF FOOD. 
[Tho older statutes relative to the weights and measures of 
sundry articles, and the local inspection of the same, containing 
much material pertaining to commercial inspection, and irre- 
levant to the subject of adulteration are omitted from this 
resume, with the exception of the statutes relative to milk 
and provisions and animals intended for slaughter.] 
OF THE INSPECTION AND SALE OF MILK AND MILK PRODUCTS. 
1. The mayor and aldermen of cities shall, and the 
selectmen of towns may, annually appoint one or more 
persons to be inspectors of milk for their respective 
places, who shall be sworn before entering upon the 
duties of their office. Each inspector shall publish a 
notice of his appointment for two weeks in a newspaper 
published in his city or town, or if no newspaper is pub- 
lished therein, he shall post up such notice in two or more 
public places in such city or town. 
2. Such inspectors shall keep an office, and shall 
record in books kept for the purpose the names and place 
of business of all persons engaged in the sale of milk 
within their city or town. Said inspectors may enter all 
places where milk is stored or kept for sale, and all per- 
sons engaged in the sale of milk shall on the request in 
writing of an inspector deliver to the person having the 
request, a sample or specimen sufficient for the purpose 
of analysis of the milk then in his possession from such 
Appointment of 
Inspectors of 
milk. 
Public Statutes, 
chap. 57, § 1. 
Their duties and 
powers. 
1S84, 310, §3. 
1.1 Allen, 264. Adulteration of Food and Drugs. 
9 
can or receptacle as shall be designated by the inspector 
or the person bearing the request. Said inspector shall 
cause the sample or specimen of milk so delivered to be 
analyzed or otherwise satisfactorily tested, the results of 
which analysis or test they shall record and preserve as 
evidence. The inspectors shall receive such compensa- 
tion as the mayor and aidermen or selectmen may 
determine. 
3. In all cities, and in all towns in which there 
is an inspector of milk, every person who conveys milk 
in carriages or otherwise for the purpose of selling the 
same in such city or town shall annually, on the first 
day of May, or within thirty days thereafter, be licensed 
by the inspector or inspectors of milk of such city or 
town to sell milk within the limits thereof, and shall pay 
to such inspector or inspectors fifty cents each to the use 
of the city or town. The inspector or inspectors shall 
pay over monthly to the treasurer of such city or town 
all sums collected by him or them. Licenses shall be 
issued only in the names of the owners of carriages or 
other vehicles, and shall for the purposes of this chapter 
be conclusive evidence of ownership. No license shall 
be sold, assigned, or transferred. Each license shall 
record the name, residence, place of business, number of 
carriages or other vehicles used, name and residence of 
every driver or other person engaged in carrying or sell- 
ing said milk, and the number of the license. Each 
licensee shall before engaging in the sale of milk cause 
his name, the number of his license, and his place of 
business to be legibly placed on each outer side of all 
carriages or vehicles used by him in the conveyance and 
sale of milk, and he shall report to the inspector or in- 
spectors any change of driver or other person employed 
by him which may occur during the term of his license. 
Whoever, without being first licensed under the pro- 
visions of this section, sells milk or exposes it for sale 
from carriages or other vehicles, or has it in his custody 
Persons selling 
milk from car- 
riages to be 
licensed. 
Public Statutes, 
chap. 57, § 3. 10 
Adulteration of Food and Drugs. 
or possession with intent so to sell, and whoever violates 
any of the provisions of this section, shall for a first 
offence be punished by fine of not less than thirty nor 
more than one hundred dollars; for a second offence by 
fine of not less than fifty nor more than three hundred 
dollars; and for a subsequent offence by fine of fifty dol- 
lars and by imprisonment in the house of correction for 
not less than thirty nor more than sixty days. 
4. Every person before selling milk or offering it 
for sale in a store, booth, stand, or market-place in a city 
or in a town in which an inspector or inspectors of 
milk are appointed, shall register in the books of such 
inspector or inspectors, and shall pay to him or them fifty 
cents to the use of such city or town; and whoever 
neglects so to register shall b,e punished for each offence 
by fine not exceeding twenty dollars. 
5. Whoever by himself or by his servant or agent, 
or as the servant or agent of any other person, sells, 
exchanges, or delivers, or has in his custody or pos- 
session with intent to sell or exchange, or exposes or 
offers for sale or exchange, adulterated milk, or milk to 
which water or any foreign substance has been added, or 
milk produced from cows fed on the refuse of distilleries, 
or from sick or diseased cows, shall for a first offence be 
punished by fine of not less than fifty nor more than two 
hundred dollars ; for a second offence by fine of not less 
than one hundred nor more than three hundred dollars or 
by imprisonment in the house of correction for not less 
than thirty nor more than sixty days ; and for a subse- 
quent offence by fine of fifty dollars and by imprisonment 
in the house of correction for not less than sixty nor more 
than ninety days. 
6. Whoever by himself or by his servant or as the 
servant or agent of any other person, sells, exchanges, 
• or delivers, or has in his custody or possession with 
intent to sell or exchange, or exposes or offers for sale as 
pure milk, any milk from which the cream or a part 
Persons selling 
milk in stores, 
etc , to be regis- 
tered. 
Public Statutes, 
chap. 57, § 4. 
1 Allen, 593. 
2 Allen, 157. 
Penalty for Bell- 
ing, etc., adul- 
terated milk, 
etc. 
Public Statutes, 
chap. 57, § 5. 
9 Allen, 499. 
10 Allen, 199. 
11 Allen, 264. 
107 Mass. 194. 
for selling 
milk from which 
cream has been 
removed. 
Public Statutes, 
chap. 67, § 6. Adulteration of Food and Drugs. 
11 
thereof has been removed, shall be punished by the penal- 
ties provided in the preceding section. 
7. No dealer in milk, and no servant or agent of 
such a dealer, shall sell, exchange, or deliver, or have 
in his custody or possession with intent to sell, ex- 
change, or deliver, milk from which the cream or any 
part thereof has been removed, unless in a conspicuous 
place above the centre upon the outside of every vessel, 
can, or package from or in which such milk is sold, the 
words " skimmed milk " are distinctly marked in letters 
not less than one inch in length. Whoever violates the 
provisions of this section shall be punished by the penal- 
ties provided in section five. 
8. Any inspector of milk, and any servant or agent 
of an inspector who wilfully connives at or assists in 
a violation of the provisions of this chapter, and who- 
ever hinders, obstructs, or in any way interferes with any 
inspector of milk, or any servant or agent of an inspector 
in the performance of his duty, shall be punished by fine 
of not less than one hundred nor more than three hun- 
dred dollars, or by imprisonment for not less than thirty 
nor more than sixty days. 
9. In all prosecutions under this chapter, if the milk 
is shown upon analysis to contain more than eighty- 
seven per cent, of watery fluid, or to contain less than 
thirteen per cent, of milk solids, it shall be deemed for 
the purposes of this chapter to be adulterated. 
10. It shall be the duty of every inspector to insti- 
tute a complaint for a violation of any of the provisions 
of this chapter on the information of any person who 
lays before him satisfactory evidence by which to sustain 
such complaint. 
11. Each inspector shall cause the name and place of 
business of every person convicted of selling adulterated 
milk, or of having the same in his possession with intent 
to sell, to be published in two newspapers in the county 
in which the offence was committed. 
Vessels contain- 
ing milk from 
which cream has 
been removed to 
be marked 
" skimmed 
milk." 
Public Statutes, 
chap. 57, § 7. 
Penalty on in- 
spectors, etc., 
for conniving, 
etc. 
Public Statutes, 
chap. 57, § 8. 
1884, 310, § 5. 
What milk to be 
deemed adulter- 
ated. 
Public Statutes, 
chap. 57, § 9. 
Inspectors to in- 
stitute com- 
plaints. 
Public Statutes, 
chap. 57, § 10. 
Names, etc., ot 
persons con- 
victed to be 
published. 
Public Statutes, 
chap. 57, § 11. 12 
Adulteration of Food and Drugs. 
Milk cans to 
hold eight 
quarts when,etc. 
Public Statutes, 
chap. 57, § 12. 
Spurious butter 
sold in boxes, 
tubs and firkins 
to be plainly 
marked as such. 
1884, 310, § 1. 
< 
12. When milk is sold by the can, such can shall hold 
■ eight quarts, and no more. 
13. Whoever, by himself or his agents, sells, exposes 
for sale, or has in his possession with intent to sell, 
any article, substance or compound, made in imitation 
or semblance of butter, or as a substitute for butter, and 
not made exclusively and wholly of milk or cream, or 
containing any fats, oils or grease not produced from milk 
or cream, shall have the words "imitation butter," or 
" oleomargarine," stamped, labelled or marked, in printed 
letters of plain Roman type, not less than one inch in 
length, so that said word cannot be easily defaced, upon 
the top and side of every tub, firkin, box or package 
containing any of said article, substance or compound. 
And in cases of retail sales of any of said article, sub- 
stance or compound, not in the original packages, the 
seller shall, by himself or his agents, attach to each 
package so sold, and shall deliver therewith to the 
purchaser, a label or wrapper bearing in a conspicuous 
place upon the outside of the package the words " imita- 
tion butter" or "oleomargarine" in printed letters of 
plain Roman type, not less than one-half inch in length. 
14. Whoever, by himself or his agents, sells, exposes 
for sale, or has in his possession with intent to sell, 
any article, substance or compound, made in imitation 
or semblance of cheese, or as a substitute for cheese, 
and not made exclusively and wholly of milk or cream, 
or containing any fats, oils or grease not produced from 
milk or cream, shall have the words " imitation cheese," 
stamped, labelled or marked, in printed letters of plain 
Roman type not less than one inch in length, so that said 
words cannot be easily defaced, upon the side of every 
cheese cloth or band around the same, and upon the top 
and side of every tub, firkin, box or package containing 
any of said article, substance or compound. And in case 
of retail sales of any of said article, substance or compound 
not in the original packages, the seller shall, by himself 
Retail packages 
to be marked on 
outside of 
wrapper. 
Spurious cheese 
to be plainly 
marked as such. 
Public Statutes, 
chap. 56, § 18. 
Wrappers to be 
marked. Adulteration of Food and Drugs. 
13 
or his agents, attach to each package so sold at retail, 
and shall deliver therewith to the purchaser, a label or 
wrapper bearing in a conspicuous place upon the outside 
of the package the words " imitation cheese," in printed 
.letters of plain Roman type not less than one-half inch in 
length. 
15. Whoever sells, exposes for sale, or has in his 
possession with intent to sell, any article, substance or 
compound made in imitation or semblance of butter or 
as a substitute for butter, except as provided in section 
one ; whoever sells, exposes for sale, or has in his possession 
with intent to sell, any article, substance or compound 
made in imitation or semblance of cheese, or as a substitute 
for cheese, except as provided in section two, and whoever 
shall deface, erase, cancel or remove any mark, stamp, 
brand, label or wrapper provided for by this act, or change 
the contents of any box, tub, article or package marked, 
stamped or labelled as aforesaid, with intent to deceive as 
to the contents of said box, tub, article or package, shall 
for every such offence forfeit and pay a fine of one hundred 
dollars, and for a second and each subsequent offence a 
fine of two hundred dollars, to be recovered with costs 
in any court of this Commonwealth of competent jurisdic- 
tion ; and any fine paid shall go to the city or town where 
the offence was committed. 
16. Inspectors of milk shall institute complaints for 
violations of the provisions of the three preceding sec- 
tions when they have reasonable cause to believe that 
such provisions have been violated, and on the informa- 
tion of any person who lays before them satisfactory evi- 
dence by which to sustain such complaint. Said inspec- 
tors may enter all places wdiere butter or cheese is stored 
or kept for sale, and said inspectors shall also take speci- 
mens of suspected butter and cheese and cause them to be 
analyzed or otherwise satisfactorily tested, the result of 
which analysis or test they shall record and preserve as 
evidence ; and a certificate of such result, sworn to by the 
Penalty for 
fraudulent sales. 
Public Statutes, 
chap. 56, § 19. 
Complaints for 
violations to be 
instituted by 
inspectors of 
milk. 
1884, 310, § 2. 14 
A.dulteration of Food and Drugs. 
analyzer, shall be admitted in evidence in all prosecutions 
under this and the three preceding sections. The ex- 
pense of such analysis or test, not exceeding twenty dol- 
lars in any one case, may be included in the costs of 
such prosecutions. Whoever hinders, obstructs, or in any 
way interferes with any inspector, or any agent of an 
inspector, in the performance of his duty, shall be pun- 
ished by a fine of fifty dollars for the first offence, and of 
one hundred dollars for each subsequent offence. 
17. For the purposes of the four preceding sections 
the terms " butter " and " cheese " shall mean the prod- 
ucts which are usually known by these names, and are 
manufactured exclusively from milk or cream, with salt 
and rennet, and with or without coloring matter. 
18. Before commencing the analysis of any sample 
the person making the same shall reserve a portion which 
shall be sealed ; and in case of a complaint against any 
person the reserved portion of the sample alleged to be 
adulterated shall upon application be delivered to the 
defendant or his attorney. 
OF THE INSPECTION AND SALE OF PROVISIONS, AND ANIMALS 
INTENDED FOR SLAUGHTER. 
19. The mayor and aidermen of cities and the 
selectmen of towns may annually appoint one or more 
persons to be inspectors of provisions and of animals in- 
tended for slaughter. Such inspectors shall be sworn 
faithfully to discharge the duties of their office, and shall 
receive such compensation as the city council or the 
selectmen shall determine. 
20. Said inspectors may inspect all animals intended 
for slaughter, and all meats, fish, vegetables, produce, 
fruits, and provisions of all kinds, found in said cities 
or towns or exposed for sale or kept with intent to 
sell therein; and may for this purpose enter into all 
buildings or enclosures where said animals, meats, fish, 
vegetables, produce, fruits, or provisions are kept, stored, 
Terms "butter" 
and "cheese" 
defined. 
Public Statutes, 
chap. 56, § 21. 
Portion of sam- 
ple to be re- 
served for de- 
fendant.' 
1884, 310, § 4. 
Appointment of 
inspectors of 
provisions. 
Public Statutes, 
chap. 68, § 1. 
Duties and 
powers of in- 
spectors. 
Public Statutes, 
chap. 58, § 2. Adulteration of Food and Drugs. 
15 
or exposed for slaughter or sale. When such animals, 
meat, fish, vegetables, produce, fruit, or provisions are 
found on such inspection to be tainted, diseased, corrupted, 
decayed, or unwholesome from any cause, said inspectors 
shall seize the same, and cause them or it to be destroyed 
or disposed of otherwise than for food; but if, at the time 
of the seizure, the owner of the property seized notifies 
in writing the inspector seizing the same of his desire to 
appeal to the board of health, said inspector shall cause 
said animals, meat, fish, vegetables, produce, fruit, or 
provisions to be inspected by said board of health, or 
by a committee thereof consisting of not less than two 
members ; and if said board or committee find the same 
to be tainted, diseased, corrupted, or unwholesome, they 
shall order the same to be destroyed or disposed of other- 
wise than for food. If said board or committee do not 
so find, they shall order said animals, meat, fish, vege- 
tables, produce, fruit, or provisions to be forthwith re- 
turned to the owner thereof. All moneys received by 
said inspectors or board of health for property disposed 
of as aforesaid shall, after deducting all expenses incurred 
by reason of such seizure, be paid to the owner of such 
property. 
21. Said inspectors may inspect all veal found in said 
cities or towns or offered or exposed for sale or kept with 
intent to sell therein, and if said veal is, in the judgment 
of the inspector, that of a calf killed under four weeks 
old, he shall seize the same and cause it to be destroyed 
or disposed of as provided in the preceding section, sub- 
ject, however, to the provisions therein contained con- 
cerning appeal and the disposal of moneys. 
22. Whoever kills or causes to be killed, for the 
purpose of sale, any calf less than four weeks old, 
or knowingly sells, or has in his possession with 
intent to sell, the meat of any calf killed when less than 
four weeks old, shall be punished by imprisonment in the 
jail or house of correction not exceeding six months, or 
Duties and 
powers relative 
to veal. 
Public Statutes, 
chap. 58, § 3. 
Killing for sale, 
or selling calf 
less than four 
weeks old. 
Public Statutes, 
chap. 208, § 2. 
97 Mass. 567. 16 
Adulteration of Food and Drugs. 
by fine not exceeding two hundred dollars, or by both 
such imprisonment and fine ; and all such meat exposed 
for sale, or kept with intent to make sale thereof, may 
be seized and destroyed by any board of health or health 
officer, or by any sheriff, deputy-sheriff, constable or 
police officer. 
23. When complaint is made on oath to any police, 
district, or municipal court, or to a magistrate au- 
thorized to issue warrants in criminal cases, that the 
complainant believes that any diseased animals, or any 
tainted, diseased, corrupted, decayed, or unwholesome 
meat, fish, vegetables, produce, fruit, or provisions of any 
kind, or any veal of a calf killed under four weeks old, 
are kept or concealed in a particular house or place with 
the intent to kill, sell, or offer the same for sale for food, 
the court or magistrate, if satisfied there is reasonable 
cause for such belief, shall issue a warrant to search for 
such animals or articles, and all such warrants shall be 
directed and executed as provided in section three of 
chapter two hundred and twelve. If, upon hearing, said 
court or magistrate determines that said animals or articles 
or any of them were kept or concealed for the purposes 
aforesaid, the same shall be destroyed or disposed of by 
the inspector, or by any officer designated by the court 
or magistrate according to the provisions of section two of 
this chapter; if the court or magistrate does not so 
determine, said animals or articles shall be returned to the 
owner. 
24. Whoever knowingly sells, or offers or exposes 
for sale, or has in his possession with intent to sell for 
food, any diseased animal, or any tainted, diseased, 
corrupted, decayed, or unwholesome meat, fish, vegeta- 
bles, produce, fruit, or provisions of any kind whatever, 
shall be punished by imprisonment in jail for not more 
than sixty days, or by fine of not more than one hundred 
dollars. 
Search warrants 
for unwhole- 
some food, etc. 
Public Statutes, 
chap. 58, § 4. 
Penalty for 
knowingly sell- 
ing, etc., un- 
wholesome 
food. 
Public Statutes, 
chap. 58, § 5. Adulteration of Food and Drugs. 
17 
25. The place where property condemned under this 
chapter is found, and the name of every person in 
whose possession it is found, and of every person con- 
victed of an offence under the preceding section, shall be 
published in two newspapers published in the county in 
which the property was found or the conviction took place. 
26. The provisions of this chapter shall not be in 
force in any city or town unless they are adopted by 
the city council of such city or by the inhabitants of such 
town, or unless the provisions of chapter one hundred 
and eighty of the statutes of the year eighteen hundred 
and seventy-six have been already so adopted. 
Name and 
place of busi- 
ness of person 
convicted to be 
published. 
Public Statutes, 
chap. 58, § 6. 
This chapter not 
to be in force 
unless accepted. 
Public Statutes, 
chap. 58, § 7. 
OF THE SALE OF TAINTED OR DAMAGED FISH. 
27. Whoever sells within this commonwealth or 
exports therefrom tainted or damaged fish, unless with 
the intent that the same shall be used for some other 
purpose than as food, shall forfeit ten dollars for every 
hundred pounds of such fish, and in the same pro- 
portion for any other quantity ; and upon a trial in such 
case the burden of proof shall be upon the defendant 
to show for what purpose such fish was so exported or 
sold. 
Penalty for sell- 
ing tainted fish 
for food. 
Public Statutes, 
chap. 56, § 45. 
OF THE SALE OF CHOCOLATE. 
28. No manufacturer of chocolate shall make any 
cake of chocolate except in pans in. which are stamped 
the first letter of his Christian name, the whole of his sur- 
name, the name of the town where he resides, and the 
quality of the chocolate in figures, No. 1, No. 2, No. 3, 
as the case may be, and the letters Mass. 
29. Number one shall be made of cocoa of the first 
quality, and number two of cocoa of the second qual- 
ity, and both shall be free from adulteration; number 
three may be made of the inferior kinds and qualities of 
cocoa. Each box containing chocolate shall be branded 
on the end thereof with the word chocolate, the name of 
Chocolate, how 
to be stamped. 
Public Statutes, 
chap. 60, § 8. 
Ingredients of. 
Boxes, how 
branded. 
Public Statutes, 
chap. 60, § 9. 18 
Adulteration of Food and Drugs. 
the manufacturer, the name of the town where it was 
manufactured, and the quality, as described and directed 
in the preceding section for the pans. 
30. If chocolate manufactured in this commonwealth 
is offered for sale or found within the same, not being 
of one of the qualities described in the two preceding 
sections and marked as therein directed, the same may 
be seized and libelled. 
Boxes, when 
may be seized, 
etc. 
Public Statutes, 
chap. 60, § 10. 
OF THE ADULTERATION OF VINEGAR. 
31. Every person who manufactures for sale or offers 
or exposes for sale as cider vinegar, any vinegar not the 
legitimate product of pure apple juice, known as apple 
cider or vinegar, not made exclusively of said apple cider 
or vinegar, into which any foreign substances, ingre- 
dients, drugs or acids have been introduced, as may 
appear by proper tests, shall for each such offence be 
punished by fine of not less than fifty nor more than one 
hundred dollars. 
32. Every person who manufactures for sale, or offers 
or exposes for sale, any vinegar found upon proper tests 
to contain any preparation of lead, copper, sulphuric acid 
or other ingredient injurious to health, shall for each 
such offence be punished by fine of not less than one 
hundred dollars. 
33. The mayor and aldermen of cities shall, and the 
selectmen of towns may, annually appoint one or more 
persons to be inspectors of vinegar for their respective 
places, who shall be sworn before entering upon their 
duties. 
34. Any city or town in which an inspector shall be 
appointed under the preceding section, may provide com- 
pensation for such inspector from the time of such ap- 
pointment, and in default of such provision shall be 
liable in an action at law for reasonable compensation 
for services performed under such appointment. 
Sale of adulter- 
ated vinegar. 
Penalty. 
Public Statutes, 
chap. 60, § 69. 
1883, 257, § 1. 
Sale of vinegar 
containing in- 
gredients injur- 
ious to health. 
Penalty. 
Public Statutes, 
chap. 60, § 70. 
Appointment of 
inspectors. 
Public Statutes, 
chap. 60, § 71. 
Compensation 
of inspectors. 
1883, chap. 257, 
§2. Adulteration of Food and Drugs. 
19 
[Chap. 307, Acts of 1884.] 
An Act to prevent the adulteration of vinegar. 
Be it enacted, etc., as follows: 
Section 1. No person shall by himself, his servant or 
agent or as the servant or agent of any other person, sell, 
exchange, deliver or have in his custody or possession 
with intent to sell or exchange, or expose or offer for sale 
or exchange any adulterated vinegar, or label, brand or 
sell as cider vinegar, or as apple vinegar, any vinegar not 
the legitimate product of pure apple juice, or not made 
exclusively from apple cider. 
Section 2. All vinegar shall have an acidity equivalent 
to the presence of not less than five per cent, by weight of 
absolute acetic aid, and in the case of cider vinegar shall 
contain in addition not less than one and one-half per cent, 
'by weight of cider vinegar solids upon full evaporation 
over boiling water, and if any vinegar contains less than 
the above amount of acidity, or if any cider vinegar con- 
tains less than the above amount of cider vinegar solids, 
such vinegar shall be deemed to be adulterated within the 
meaning of this act. 
Section 3. It shall be the duty of the inspectors of 
milk who may be appointed by any city or town to en- 
force the provisions of this act. 
Section 4. Whoever violates any of the provisions of 
this act shall be punished by fine not exceeding one hun- 
dred dollars. 
Section 5. All acts or parts of acts inconsistent with 
this act are hereby repealed. Approved June 2, 1884. 
Sale of adulter- 
ated vinegar. 
Standard of vin- 
egar prescribed. 
Milk inspectors 
to enforce act. 
Penalty for 
violation. INDEX. 
Page 
Act of 1882 docs not repeal or amend chap. 57 of Public Statutes, .... 5 
Adulterated bread, statutes relative to, 6 
" butter, " " " 12 
" cheese, " « « 12 
" drugs, " " " 3, 6 
" food, " " " 4 
" liquors, " " " 6 
" medicine, " " " . 6 
" milk, " " " 8, 9, 10, 11 
" vinegar, " " " 18, 19 
Adulteration of food and drugs : 
General laws relative to, . 3 
Prohibited, 3; definition of term food, 3; drug, 3; drugs, how adulterated, 3; 
U. S. Pharmacopoeia the standard of officinal drugs, 3; officinal drugs may be 
sold as called for, or as their variation is made known to purchaser, 3; food, 
how adulterated, 4; exceptions, 4; drugs, pharmacopoeial standard, change of, 4; 
State Board of Health, Lunacy, and Charity to make investigations and appoint 
officers, 4; regulations to be made, 4; appropriations for executing the laws, 5; 
three-fifths to be expended in enforcing the statutes relative to adulteration of 
milk and its products, 5; samples to be furnished to officers and agents, 5; 
penalty for obstruction of officers, 5; State Board to report prosecutions and 
expenditures, 5; inspectors under act of 1882 to have equal powers with local 
inspectors, 5; act of 1882 does not repeal or amend chap. 57 of Public Statutes, 5; 
samples to be sealed for benefit of defendant, 6; penalty for selling corrupt or 
unwholesome provisions, 6; penalty for fraudulently adulterating bread or 
other food, 6; for adulterating liquors, 6; for adulterating drugs or medicine, 6; 
sale of poisons to be recorded, 7. 
Analysts, appointed by State Board of Health, Lunacy, and Charity, ... 4 
Penalty for hindering or obstructing, 5 
To reserve samples for defendant, 6, 14 
Appropriation for carrying on work of inspection, 5 
Three-fifths to be expended in enforcing laws against adulteration of milk and 
its products, 5 
Bread, penalty for fraudulently adulterating, 6 
Board of Health to inspect provisions, when, 15 
Butter, spurious, to be marked in wholesale and in retail packages, . . . .12 
Fraudulent sales of, penalty, 13 
Complaints relative to, how instituted, 13 
Term " butter " defined, 14 22 
INDEX. 
Page 
Cheese, spurious, wholesale and retail packages to be marked 12 
Penalty for fraudulent sale, 13 
Term " cheese " defined, . . .' 14 
Chocolate, to be stamped, 17 
Its sale regulated, 17 
Grades or qualities specified 17 
May be seized if not of required quality .18 
Compensation of inspectors of vinegar 18 
Complaints for violation of statutes relative to adulteration of butter and cheese, 
Low instituted, 13 
Compounds or mixtures, provisions as to, 4 
Cream, penalty for sale of milk from which cream has been removed, . . .10 
Drug, definition of term, 3 
Drugs, how adulterated, specifications, 3 
Officinal drugs may be sold as called for, or as their variation is made known to 
the purchaser,■ 3 
Penalty for fraudulently adulterating drugs .6 
Fish, sale of tainted or damaged, 17 
Food, adulteration of prohibited, 3 
Definition of term "food," 3; how adulterated, specification, 4; fraudulent 
adulteration of, 6; sale of unwholesome food, 16; provisions of act as to un- 
wholesome food not to be in force unless accepted by city or town, 17; search 
warrants for unwholesome food, 16. 
Imitation butter to be marked on wholesale and retail packages, . . . .12 
Imitation cheese to be marked on wholesale and retail packages 12 
Inspectors, State Board of Health, Lunacy, and Charity may appoint, . . .4 
Inspectors thus appointed to have same powers as local inspectors, 5; inspectors 
of milk, how appointed, 8; duties and powers, 8; of provisions, how appointed, 
14; duties and powers, 14; of vinegar; how appointed, 18; inspectors of milk to 
enforce statutes as to vinegar, 19. 
Licenses to be issued to persons selling milk from carriages or other vehicles, . . 9 
Liquors, adulteration of, punished 6 
Medicine, adulteration of, 6 
Milk and milk products, three-fifths of general appropriation for inspection of food 
and drugs to be expended in enforcing statutes as to milk 5 
Inspectors, appointment of, 8; duties and powers of, 8; peddlers to be licensed, 
9; persons selling milk in stores and markets to be'registered, 10; penalty for 
selling adulterated milk, 10; vessels from which skimmed milk is sold to be 
marked, 11; penalties for violation of statutes, 11; standard of, 11; publication 
of names of offenders, 11; capacity of cans, 12; samples to be reserved for the 
defendants, 14; inspectors of to enforce statutes as to vinegar, 19. 
Oleomargarine to be stamped or marked on wholesale and retail packages, . . 12 
Penalty for hindering or obstructing an officer, or otherwise violating the statutes 
as to adulteration, 5 
For selling corrupt or unwholesome provisions, 6; for fraudulently adulterating 
bread or other food, 6; liquors, 6; drugs or medicine, 6; for violating statute 
as to sale of poisons, 7; for selling adulterated milk, 10; milk from which 
cream has been removed, 10; for assisting in violation of law, or hindering or 
obstructing an inspector or his agent, 11; for fraudulent sale of butter and 
cheese, 13; for sale of veal less than four weeks old, 15; unwholesome food, 16; 
tainted and damaged fish, 17; adulterated vinegar, 18; violation of statute as 
to vinegar, 19. INDEX 
23 
• Page 
Pharmacopoeia, U. S., the legal standard of officinal drugs, 3 
Other pharmacopoeias or standard works on materia medica recognized, . . 3 
Provision as to change of standard, 4 
Poisons, sale of, to be recorded, 7 
Prosecutions, certain provisions as to, . . .4 
State Board of Health, Lunacy and Charity to report, 5 
Provisions, inspectors of, how appointed, 14 
Seizure of, 15 
Board of Health to inspect, 15 
Publication of names of convicted persons, 11, 17 
Regulations as to modes of collection of samples of food and drugs to be prepared 
by State Board, 4 
Samples to be furnished to officers or agents of board, . . ... 5 
Of food and drugs to be sealed for benefit of defendant, 6 
Of milk products to be sealed for benefit of defendant, 14 
Search warrants for unwholesome food, 16 
Seizure of provisions, 15 
Skimmed milk, vessels or cans to be marked, when used for sale of, . . . .11 
Standard, U. S. Pharmacopoeia and other works recognized, how, .... 3 
Of milk, 11 
Of vinegar, 19 
State Board of Health, Lunacy, and Charity to make investigations and appoint 
officers, 4 
May expend money for carrying out provisions of act, 5 
To report prosecutions and expenditures, 5 
Veal, regulations as to sale of, 15 
Penalty for sale of meat of calf less than four weeks old, 15 
Vinegar, sale of adulterated 18 
Containing injurious ingredients, . 18 
Sale of adulterated, prohibited 19 
Legal standard of, 19 
Penalty for violation of statutes as to, 19