CH. 175]

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

manufacturers of proprietary foods which contain no unwholesome added ingredients to disclose their trade formulas, except in so far as the provisions of this act may require to secure freedom from adulteration or misbranding. SEC. 4. Food deemed adulterated-when. For the purpose of this act, an article of food shall be deemed to be adulterated:

First: If any substance or substances has or have been mixed and packed with it so as to reduce or lower or injuriously affect its quality, strength or purity.

Second. If any substance or substances has or have been substituted wholly or in part for the article.

Third. If any valuable constituent of the article has been wholly or in part abstracted.

Fourth. If it does not conform to the standards established by law.

Fifth. If it be mixed, colored, powdered, coated or stained in a manner whereby damage or inferiority is concealed.

Sixth. If it contains any added poisonous ingredient, or any ingredient which may render such article injurious to health or if it contains saccharine or formaldehyde.

Seventh. If it consist of the whole or any part of a diseased, filthy, decomposed or putrid animal or vegetable substance or any portion of an animal unfit for food, whether manufactured or not, or if it is the product of a diseased animal or one that has died otherwise than by slaughter.

Eighth. Candies and chocolates if they contain terra alba, barytes, talc, chrome yellow, or other mineral substances, or poisonous colors or flavors, or other ingredients deleterious or detrimental to health.

Ninth. Vinegar if it contain any added coloring matter.

"SEC. 5. Appropriation. For the purpose of enabling the commissioner to enforce the provisions of the various laws, the enforcement of which is vested with the state food and dairy commissioner, for the making of such analysis for other state departments as may be authorized by the executive council, for necessary traveling and miscellaneous expenses of assistants and experts and for all other expenses herein provided, the sum of twenty-one thousand ($21,000.00) dollars annually, or so much thereof as may be necessary, is hereby appropriated from the treasury not otherwise appropriated.

SEC. 6. Acts in conflict repealed. All acts and parts of acts in conflict herewith are hereby repealed.

Approved April 14, A. D. 1911.

CHAPTER 175.

FOOD STANDARDS.

H. F. 247.

AN ACT to amend section four thousand nine hundred and ninety-nine-a-thirty-one (4999-a31) of the supplement to the code, 1907, relating to food standards.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Ice cream. That section four thousand nine hundred and ninetynine-a-thirty-one (4999-a31) of the supplement to the code, 1907, is hereby amended by adding thereto the following:

LAWS OF THE THIRTY-FOURTH GENERAL ÁSSEMBLY

[CH. 176

"ICE-CREAM.

"1. Ice-cream. Ice-cream is the frozen product made from pure wholesome sweet cream, and sugar, with or without flavoring, and if desired, the addition of not to exceed one per cent. (1%) by weight of a harmless thickener, and contains not less than twelve per cent. (12%) by weight of milk fat, and the acidity shall not exceed three-tenths (3-10) of one per cent. (1%).

"2. Fruit ice-cream. Fruit ice-cream is the frozen product made from pure wholesome sweet cream, sugar, and sound, clean, mature fruits, and, if desired, the addition of not to exceed one per cent. (1%) by weight of a harmless thickener, and contains not less than ten per cent. (10%) by weight of milk fat.

"3. Nut ice-cream. Nut ice-cream is the frozen product made from pure wholesome, sweet cream, sugar, and sound, non-rancid, nuts, and, if desired, the addition of not to exceed one per cent. (1%) by weight of harmless thickener, and contains not less than ten per cent. (10%) by weight of milk fat." Approved March 23, A. D. 1911.

CHAPTER 176.

PURE DRUGS.

S. F. 279.

AN ACT to amend the law as it appears in section four thousand nine hundred ninetynine-a-thirty-five (4999-a35) of chapter ten-B (10-B) of title twenty-four (XXIV) of the supplement to the code, 1907, relating to pure drugs and the misbranding thereof.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Misbranding-exceptions. The law as it appears in section four thousand nine hundred ninety-nine a-thirty-five (4999-a35) of chapter ten-B (10-B) of the supplement to the code, 1907, be, and the same is hereby amended by adding thereto, after the last line in said section the following, to-wit:

"Provided that nothing in this sub-division contained shall be construed to apply to such drugs and preparations as are specified and recognized by the United States pharmacopoeia and national formulary, which are in accordance therewith, and which are sold under the name by which they are so recognized, or the filling of prescriptions furnished by practicing physicians, dentists or veterinarians, the originals of which prescriptions are retained and filed by the pharmacists compounding or filling the same; and provided further, that nothing in this sub-division contained shall be construed to apply to such drugs or medicines as are personally dispensed by legally licensed physicians, dentists or veterinarins in the course of their practice as such physicians, dentists or veterinarians."

Approved April 6, A. D. 1911.

CH. 178]

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

CHAPTER 177.

PURE DRUGS.

S. F. 262.

AN ACT repealing section four thousand nine hundred ninety-nine-a-thirty-eight (4999-a38) of chapter ten-B (10-B) of title twenty-four (XXIV) of the supplement to the code, 1907, and enacting a substitute therefor relating to the enforcement of the pure drug laws.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Repeal-enforcement-annual appropriation-chemical analyses. Section four thousand nine hundred ninety-nine a-38 (4999-a38) of chapter ten-B (10-B) of the supplement to the code, 1907, is hereby repealed, and the following enacted in lieu thereof:

"It is hereby made the duty of the pharmacy commissioners to enforce the provisions of this act, and for the purpose of enabling them to perform this duty, the sum of two hundred and fifty dollars ($250.00) annually for two years, or so much thereof as may be deemed necessary, is hereby appropriated from the funds in the state treasury not otherwise appropriated. To further enable the state board to enforce the provisions of this act, any chemical analysis deemed necessary by them shall, upon request, be performed by the chemist. now provided for in section four thousand nine hundred ninety-nine a-17 (4999-a17) of chapter ten-A (10-A) of the supplement to the code, 1907. Approved April 10, A. D. 1911.

CHAPTER 178.

EXHIBITION OF DEFORMED, IDIOTIC AND ABNORMAL PERSONS.

H. F. 67.

AN ACT to prohibit the exhibition of deformed, idiotic and abnormal persons, and providing penalties for the violation thereof. [Additional to chapter nine (9) of title twenty-four (XXIV) of the code, relating to offenses against chastity, morality and decency.]

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. What prohibited-penalty. Any person, firm or corporation who shall exhibit, place on exhibition or cause to be exhibited in any public place in the state, or in any tent, shed, booth, building or in any theatre hall or within any inclosure in the state, any deformed, maimed, idiotic or abnormal person or human monstrosity, and receive any fee or compensation therefor, shall be deemed guilty of a misdemeanor and upon conviction shall pay a fine of not less than ten ($10.00) dollars nor more than one hundred ($100.00) dollars or be imprisoned in the county jail for a term not less than ten days or more than thirty days, or by both such fine and imprisonment. Approved February 23, A. D. 1911.

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[CH. 179

CHAPTER 179.

ROULETTE WHEELS, POKER TABLES AND OTHER GAMBLING DEVICES.

H. F. 37.

AN ACT to prohibit the possession of roulette wheels, klondyke tables, poker tables, faro, and keno layouts, and to provide for the seizure and destruction thereof. [Additional to chapter nine (9) of title twenty-four (XXIV) of the code, relating to of fenses against chastity, morality and decency.]

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Possession of roulette wheels, etc., prohibited. No one shall, in any manner or for any purpose whatever, except under proceeding to destroy the same, have, keep or hold in possession or control any roulette wheel, klondyke table, poker table, faro or keno layouts.

SEC. 2. Seizure-hearing-destruction ordered. If any person make oath before a magistrate that he has probable cause to suspect and does suspect, that articles or things mentioned in section one hereof are stored or kept or had in possession at any place within the county in any house, building or other place of any description whatever, describing the house or place as near as may be and naming the occupant thereof, if known, such magistrate shall issue his warrant for the purpose of searching such house or place for and seizing such articles or things. Such warrant may be served at any time of the day or night. The officer may break open any part of building, or anything therein in order to execute the warrant, if after notice of his authority and purpose he is refused admittance. Said articles or things shall be carried before such magistrate to be dealt with as herein provided. The officer shall make return at once after the warrant is served. Within three days after the return is made, notice shall be served upon the party from whose possession said articles or things were taken, if known, and if not known, said notice shall be posted on the premises from which the articles were taken, notifying the possessor of such seizure and that the matter of the destruction of said articles or things will come on for hearing at a certain time and place before the court or magistrate issuing the warrant, or in his absence or inability to serve, before the next nearest and accessible magistrate in the county, which time. shall be within ten days after said notice is served or posted. Any person may appear at said hearing and show that the articles or things seized are not of the character specified in section one hereof and if such claim is established, shall be returned to the place from which taken. If the court finds that the articles or things seized are of the character mentioned in section one hereof, it shall enter judgment commanding the immediate destruction of the same. Execution shall issue thereon accordingly. The officer shall forthwith carry out the orders of said execution and make immediate return thereon of his acts, which return shall be entered on the docket of said court.

Approved April 8, A. D. 1911.

CH. 181]

LAWS OF THE THIRTY-FOURTH GENERAL ASSEMBLY

CHAPTER 180.

WEIGHT OF FLOUR.

H. F. 452.

AN ACT relating to the weight of flour and providing a penalty for the violation thereof, and to repeal section five thousand seventy (5070) of the code of Iowa.

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Net weight certified' on barrel, bag or package-penalty. Every barrel, bag, parcel or package of flour, containing one pound or more, offered or exposed for sale in the state of Iowa, for use within this state, shall have affixed thereto in a conspicuous place on the outside thereof, distinctly printed in the English language, in legible type not smaller than eight point heavy gothic capital letters, a statement certifying the number of net pounds contained in the package. Any person who shall sell any package of flour which shall be stamped or labeled with a greater number of pounds net than such package actually contains, or shall sell flour in any manner contrary to the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in a sum of not less than ten dollars nor more than one hundred dollars, provided, that in determining the net weight at the time of sale, the reasonable and ordinary shrinkage, if any, may be included.

SEC. 2. Repeal. That section five thousand seventy (5070) of the code of Iowa be and the same is hereby repealed. Approved April 15, A. D. 1911.

CHAPTER 181.

THE REGULATION OF THE MARKING OF ARTICLES OF MERCHANDISE MADE IN WHOLE OR IN PART OF GOLD OR SILVER OR THEIR ALLOYS.

H. F. 295.

AN ACT defining the terms "gold", "alloy of gold", "silver", "alloy of silver", "sterling silver", or "sterling", as applied to any article of merchandise made in whole or part of gold or silver or any alloy of gold or silver, and made for sale or offered for sale or disposition, and also providing a means of making tests thereof, and also defining the terms "rolled gold plate", "gold plate", "gold filled", and "gold electroplate", and the words "silver plate", and "silver electroplate", "sterling" and "coin", as applied to any article of merchandise made in whole or part of any inferior metal manufactured for sale, sold or kept for sale or disposition or offered for sale and disposition, and prohibiting the false marking of such merchandise, and providing a penalty for the violation thereof. [Additional to chapter thirteen (13) of title twenty-four (XXIV) of the code, relating to cheating by false pretenses, gross fraud and conspiracy.]

Be it enacted by the General Assembly of the State of Iowa:

SECTION 1. Marking articles made of gold or alloy of gold-tests for fineness. Any person, firm, corporation, or association who or which makes for sale, or sells, or offers to sell or dispose of, or has in his, her or its possession with intent to sell or dispose of, any article of merchandise made in whole or in part of gold or any alloy of gold, and having stamped branded, engraved or imprinted thereon, or upon any tag, card or label attached thereto, or upon any box, package, cover or wrapper in which said article is encased or enclosed any mark, indicating, or designed or intended to indicate, that the