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Emergency

enumerator shall, when making returns of said census to the proper officers, make affidavit or affirmation that he has taken and returned the enumeration in accordance with the provisions of this act, to the best of his knowledge and belief, and that such list contains the names of all persons entitled to be enumerated and no others. Each oath or affirmation provided for in this section shall be made State's institution for the feeble minded. In case a part of the blanks on which the census is taken and a matter of record in both the office of the school board and that of the Superintendent of Public Instruction. Each enumerator shall be allowed reasonable compensation per diem for services, to be paid out of the school fund of said city. Any school officer, or other person appointed as enumerator, or any officer through whose hands the school census required by this act shall pass, who shall knowingly enumerate persons not entitled to be listed, or who shall, in any manner, add to or take from the number actually enumerated, shall, in addition to being liable to punishment for the crime of false swearing, be deemed guilty of a misdemeanor, and, upon convic tion of such offense, shall be fined in any sum not less than five nor more than one hundred dollars, or imprisoned in the county jail not less than ten nor more than thirty days, in the discretion of the court. The county superintendent of the county in which such cities are located, shall have no control over the schools in such districts, but the same shall be governed in all respects as herein provided.

§ 2. An emergency, within the meaning of the conand repealing stitution, is hereby declared to exist in the necessity for this act to go into effect on or before the first day

clause.

of April next, so as to prevent friction in the matter of taking the census herein provided, and also to insure a fair and equitable census in Cities of this class, on a basis of which to distribute the school fund of the State for the ensuing scholastic year: therefore, this act shall take effect from and after its passage, and all laws and parts of laws in conflict with its provisions are hereby repealed.

Received by the Governor March 11, 1898.

Became a law at the expiration of ten days, without the approval of the Governor.

CHAPTER 52.

AN ACT regulating the manufacture and sale of food.

Be it enacted by the General Assembly of the Com. monwealth of Kentucky:

to

offer adulter

sale, etc.

§ 1. It shall be unlawful for any person, persons or Unlawful -corporation within this State to manufacture for ated food for sale, or expose for sale, or have in his or their possession for sale, or to sell any article of food which is adulterated or misbranded within the meaning of this act.

food-

what it in

§ 2. The term food, as used in this act, shall Term include every article used for food or drink by man, cludes. horses or cattle, except spirituous, vinous or malt liquors. The term misbranded, as used in this act, shall include every article of food, and every article which enters into the composition of food, the package or label of which shall bear any statement purporting to name any ingredient or substance as being con

not

tained in such article which statement shall be untrue in any particular; or any statement purporting to name the substance or substances of which such article is made, which statement shall not give fully the names of all substances contained in such articles in any measurable quantity.

§3. For the purpose of this act, an article shall be deemed adulterated: First, if any substance or substances be mixed or packed with it so as to reduce or Adulterated--lower, or injuriously affect its quality or strength. so deemed. Second, if any inferior substance or substances be

what shall be

substituted wholly or in part for the article. Third, if it be an imitation; or sold under the name of another article; provided that nothing in this act shall be construed to prohibit the manufacture or sale of olemargarine, butterine or kindred compounds in a separate and distinct form, and in such manner as will advise the customer of its real character, free from coloration or ingredient that causes it to look like butter. Fourth, if it is colored, coated, polished or powdered whereby damage is concealed, or if it is made to appear better or of greater value than it is. Fifth, if it contains poisonous ingredients which may render such article injurious to the health of the party consuming it, or if it contains any antiseptic preservative not evident or not known to the purchaser of consumer. Sixth, if it consist in whole or in part of a diseased, filthy, decomposed or putrid substance, either animal or vegetable, unfit for food, whether manufactured or not, or if it is in any part the product of a diseased animal, or of any animal that has died otherwise than by slaughter.

or

made by State Station.

§4. The Experiment Station of the Agricultural Analysis to be and Mechanical College hereby designated as the Experiment Kentucky Agricultural Experiment Station shall make analysis of food products on sale in Kentucky, suspected of being adulterated at such times and places, and at such extent as the director there of may determine. And the director of the said Kentucky Agricultural Experiment Station may appoint such agent or agents as he deems necessary who shall have free access at all reasonable hours, for the purpose of examining into any place wherein it is suspected any article of food adulterated with any deleterious or foreign ingredient or ingredients exists, and such agent or agents upon tendering the market price of said article may take from any person, firm or corporation samples of any article suspected of being adulterated as aforesaid and said station may adopt or fix standards of purity quality or strength when such standards are not specified or fixed by statute.

Facts to be reported to

§ 5. Whenever said station shall find by its analysis that adulterated food products have been on sale grand jury. in the State it shall forthwith transmit the facts so found to a Grand juror or prosecuting attorney of the district in which said adulterated food product was found.

§ 6. Said station shall make an annual report to the Governor upon adulterated food products, in addition to the reports required by law, which shall

not exceed one hundred and fifty pages, and said re- Annual report. port may be included in the report which said station is already authorized by law to make, and such annual reports shall be submitted to the General Assembly at its regular session.

Penalty clause

Cost of analysis.

§ 7. Any person, who either by himself his agent or attorney, with the intent that the same may be sold as adulterated or misbranded, adulterates or misbrands any food as defined in this act, for man or horses or cattle, or knowing that the same has been adulterated or misbranded, offers for sale or sells the same as unadulterated or truly branded, or without disclosing or informing the purchaser that the same has been adulterated or misbranded, shall be fined not more than five hundred dollars or imprisoned not more than one year.

§ 8. The said Kentucky Agricultural Experiment Station shall receive for taking samples within the provisions of this act and for analysis of the same only actual traveling expenses and five dollars for each sample taken and analyzed, to be paid by the Commonwealth of Kentucky upon warrant of Auditor as other claims, but recovered of the owner of such article of food if declared upon inspection to be found adulterated or misbranded within the meaning of this act. The expenses of above inspection shall in no year exceed twenty-five hundred dollars.

§ 9. All fines recovered under this act shall be Fines-how t kept as a separate fund to pay necessary expenses in maintaining same.

be applied.

§ 10. No civil action shall be maintained in any Action not to Court in this State on account of any sale or other contract made in violation of this act.

be maintain

ed.

Repealing clause.

$ 11. All acts and parts of acts inconsistent herewith are hereby repealed.

Received by the Governor March 15, 1898.

Became a law without the Governor's approval, he having failed to sign or return it to the House in which it originated within the time prescribed.

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